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1		AN ACT concerning regulation.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Illinois Public Labor Relations Act is
5		amended by changing Sections 3 and 7 as follows:
6		(5 ILCS 315/3)  (from Ch. 48, par. 1603)
7		(Text of Section before amendment by P.A. 104-118)
8		Sec. 3. Definitions. As used in this Act, unless the
9		context otherwise requires:
10		(a) "Board" means the Illinois Labor Relations Board or,
11		with respect to a matter over which the jurisdiction of the
12		Board is assigned to the State Panel or the Local Panel under
13		Section 5, the panel having jurisdiction over the matter.
14		(b) "Collective bargaining" means bargaining over terms
15		and conditions of employment, including hours, wages, and
16		other conditions of employment, as detailed in Section 7 and
17		which are not excluded by Section 4.
18		(c) "Confidential employee" means an employee who, in the
19		regular course of his or her duties, assists and acts in a
20		confidential capacity to persons who formulate, determine, and
21		effectuate management policies with regard to labor relations
22		or who, in the regular course of his or her duties, has
23		authorized access to information relating to the effectuation

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1		or review of the employer's collective bargaining policies.
2		Determinations of confidential employee status shall be based
3		on actual employee job duties and not solely on written job
4		descriptions.
5		(d) "Craft employees" means skilled journeymen, crafts
6		persons, and their apprentices and helpers.
7		(e) "Essential services employees" means those public
8		employees performing functions so essential that the
9		interruption or termination of the function will constitute a
10		clear and present danger to the health and safety of the
11		persons in the affected community.
12		(f) "Exclusive representative", except with respect to
13		non-State fire fighters and paramedics employed by fire
14		departments and fire protection districts, non-State peace
15		officers, and peace officers in the Illinois State Police,
16		means the labor organization that has been (i) designated by
17		the Board as the representative of a majority of public
18		employees in an appropriate bargaining unit in accordance with
19		the procedures contained in this Act; (ii) historically
20		recognized by the State of Illinois or any political
21		subdivision of the State before July 1, 1984 (the effective
22		date of this Act) as the exclusive representative of the
23		employees in an appropriate bargaining unit; (iii) after July
24		1, 1984 (the effective date of this Act) recognized by an
25		employer upon evidence, acceptable to the Board, that the
26		labor organization has been designated as the exclusive

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1		representative by a majority of the employees in an
2		appropriate bargaining unit; (iv) recognized as the exclusive
3		representative of personal assistants under Executive Order
4		2003-8 prior to July 16, 2003 (the effective date of Public Act
5		93-204), and the organization shall be considered to be the
6		exclusive representative of the personal assistants as defined
7		in this Section; or (v) recognized as the exclusive
8		representative of child and day care home providers, including
9		licensed and license exempt providers, pursuant to an election
10		held under Executive Order 2005-1 prior to January 1, 2006
11		(the effective date of Public Act 94-320), and the
12		organization shall be considered to be the exclusive
13		representative of the child and day care home providers as
14		defined in this Section.
15		With respect to non-State fire fighters and paramedics
16		employed by fire departments and fire protection districts,
17		non-State peace officers, and peace officers in the Illinois
18		State Police, "exclusive representative" means the labor
19		organization that has been (i) designated by the Board as the
20		representative of a majority of peace officers or fire
21		fighters in an appropriate bargaining unit in accordance with
22		the procedures contained in this Act, (ii) historically
23		recognized by the State of Illinois or any political
24		subdivision of the State before January 1, 1986 (the effective
25		date of this amendatory Act of 1985) as the exclusive
26		representative by a majority of the peace officers or fire

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

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

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1		listed in the Legislative Commission Reorganization Act of
2		1984.
3		(h) "Governing body" means, in the case of the State, the
4		State Panel of the Illinois Labor Relations Board, the
5		Director of the Department of Central Management Services, and
6		the Director of the Department of Labor; the county board in
7		the case of a county; the corporate authorities in the case of
8		a municipality; and the appropriate body authorized to provide
9		for expenditures of its funds in the case of any other unit of
10		government.
11		(i) "Labor organization" means any organization in which
12		public employees participate and that exists for the purpose,
13		in whole or in part, of dealing with a public employer
14		concerning wages, hours, and other terms and conditions of
15		employment, including the settlement of grievances.
16		(i-5) "Legislative liaison" means a person who is an
17		employee of a State agency, the Attorney General, the
18		Secretary of State, the Comptroller, or the Treasurer, as the
19		case may be, and whose job duties require the person to
20		regularly communicate in the course of his or her employment
21		with any official or staff of the General Assembly of the State
22		of Illinois for the purpose of influencing any legislative
23		action.
24		(j) "Managerial employee" means an individual who is
25		engaged predominantly in executive and management functions
26		and is charged with the responsibility of directing the

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

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1		police", court security officers as defined by Section
2		3-6012.1 of the Counties Code, temporary employees, traffic
3		guards or wardens, civilian parking meter and parking
4		facilities personnel or other individuals specially appointed
5		to aid or direct traffic at or near schools or public functions
6		or to aid in civil defense or disaster, parking enforcement
7		employees who are not commissioned as peace officers and who
8		are not armed and who are not routinely expected to effect
9		arrests, parking lot attendants, clerks and dispatchers or
10		other civilian employees of a police department who are not
11		routinely expected to effect arrests, or elected officials.
12		(l) "Person" includes one or more individuals, labor
13		organizations, public employees, associations, corporations,
14		legal representatives, trustees, trustees in bankruptcy,
15		receivers, or the State of Illinois or any political
16		subdivision of the State or governing body, but does not
17		include the General Assembly of the State of Illinois or any
18		individual employed by the General Assembly of the State of
19		Illinois.
20		(m) "Professional employee" means any employee engaged in
21		work predominantly intellectual and varied in character rather
22		than routine mental, manual, mechanical or physical work;
23		involving the consistent exercise of discretion and adjustment
24		in its performance; of such a character that the output
25		produced or the result accomplished cannot be standardized in
26		relation to a given period of time; and requiring advanced

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1		knowledge in a field of science or learning customarily
2		acquired by a prolonged course of specialized intellectual
3		instruction and study in an institution of higher learning or
4		a hospital, as distinguished from a general academic education
5		or from apprenticeship or from training in the performance of
6		routine mental, manual, or physical processes; or any employee
7		who has completed the courses of specialized intellectual
8		instruction and study prescribed in this subsection (m) and is
9		performing related work under the supervision of a
10		professional person to qualify to become a professional
11		employee as defined in this subsection (m).
12		(n) "Public employee" or "employee", for the purposes of
13		this Act, means any individual employed by a public employer,
14		including (i) interns and residents at public hospitals, (ii)
15		as of July 16, 2003 (the effective date of Public Act 93-204),
16		but not before, personal assistants working under the Home
17		Services Program under Section 3 of the Rehabilitation of
18		Persons with Disabilities Act, subject to the limitations set
19		forth in this Act and in the Rehabilitation of Persons with
20		Disabilities Act, (iii) as of January 1, 2006 (the effective
21		date of Public Act 94-320), but not before, child and day care
22		home providers participating in the child care assistance
23		program under Section 9A-11 of the Illinois Public Aid Code,
24		subject to the limitations set forth in this Act and in Section
25		9A-11 of the Illinois Public Aid Code, (iv) as of January 29,
26		2013 (the effective date of Public Act 97-1158), but not

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1		before except as otherwise provided in this subsection (n),
2		home care and home health workers who function as personal
3		assistants and individual maintenance home health workers and
4		who also work under the Home Services Program under Section 3
5		of the Rehabilitation of Persons with Disabilities Act, no
6		matter whether the State provides those services through
7		direct fee-for-service arrangements, with the assistance of a
8		managed care organization or other intermediary, or otherwise,
9		(v) beginning on July 19, 2013 (the effective date of Public
10		Act 98-100) and notwithstanding any other provision of this
11		Act, any person employed by a public employer and who is
12		classified as or who holds the employment title of Chief
13		Stationary Engineer, Assistant Chief Stationary Engineer,
14		Sewage Plant Operator, Water Plant Operator, Stationary
15		Engineer, Plant Operating Engineer, and any other employee who
16		holds the position of: Civil Engineer V, Civil Engineer VI,
17		Civil Engineer VII, Technical Manager I, Technical Manager II,
18		Technical Manager III, Technical Manager IV, Technical Manager
19		V, Technical Manager VI, Realty Specialist III, Realty
20		Specialist IV, Realty Specialist V, Technical Advisor I,
21		Technical Advisor II, Technical Advisor III, Technical Advisor
22		IV, or Technical Advisor V employed by the Department of
23		Transportation who is in a position which is certified in a
24		bargaining unit on or before July 19, 2013 (the effective date
25		of Public Act 98-100), and (vi) beginning on July 19, 2013 (the
26		effective date of Public Act 98-100) and notwithstanding any

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1		other provision of this Act, any mental health administrator
2		in the Department of Corrections who is classified as or who
3		holds the position of Public Service Administrator (Option
4		8K), any employee of the Office of the Inspector General in the
5		Department of Human Services who is classified as or who holds
6		the position of Public Service Administrator (Option 7), any
7		Deputy of Intelligence in the Department of Corrections who is
8		classified as or who holds the position of Public Service
9		Administrator (Option 7), and any employee of the Illinois
10		State Police who handles issues concerning the Illinois State
11		Police Sex Offender Registry and who is classified as or holds
12		the position of Public Service Administrator (Option 7), but
13		excluding all of the following: employees of the General
14		Assembly of the State of Illinois; elected officials;
15		executive heads of a department; members of boards or
16		commissions; the Executive Inspectors General; any special
17		Executive Inspectors General; employees of each Office of an
18		Executive Inspector General; commissioners and employees of
19		the Executive Ethics Commission; the Auditor General's
20		Inspector General; employees of the Office of the Auditor
21		General's Inspector General; the Legislative Inspector
22		General; any special Legislative Inspectors General; employees
23		of the Office of the Legislative Inspector General;
24		commissioners and employees of the Legislative Ethics
25		Commission; employees of any agency, board or commission
26		created by this Act; employees appointed to State positions of

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1		a temporary or emergency nature; all employees of school
2		districts and higher education institutions except
3		firefighters and peace officers employed by a state university
4		and except peace officers employed by a school district in its
5		own police department in existence on July 23, 2010 (the
6		effective date of Public Act 96-1257); managerial employees;
7		short-term employees; legislative liaisons; a person who is a
8		State employee under the jurisdiction of the Office of the
9		Attorney General who is licensed to practice law or whose
10		position authorizes, either directly or indirectly, meaningful
11		input into government decision-making on issues where there is
12		room for principled disagreement on goals or their
13		implementation; a person who is a State employee under the
14		jurisdiction of the Office of the Comptroller who holds the
15		position of Public Service Administrator or whose position is
16		otherwise exempt under the Comptroller Merit Employment Code;
17		a person who is a State employee under the jurisdiction of the
18		Secretary of State who holds the position classification of
19		Executive I or higher, whose position authorizes, either
20		directly or indirectly, meaningful input into government
21		decision-making on issues where there is room for principled
22		disagreement on goals or their implementation, or who is
23		otherwise exempt under the Secretary of State Merit Employment
24		Code; employees in the Office of the Secretary of State who are
25		completely exempt from jurisdiction B of the Secretary of
26		State Merit Employment Code and who are in Rutan-exempt

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1		positions on or after April 5, 2013 (the effective date of
2		Public Act 97-1172); a person who is a State employee under the
3		jurisdiction of the Treasurer who holds a position that is
4		exempt from the State Treasurer Employment Code; any employee
5		of a State agency who (i) holds the title or position of, or
6		exercises substantially similar duties as a legislative
7		liaison, Agency General Counsel, Agency Chief of Staff, Agency
8		Executive Director, Agency Deputy Director, Agency Chief
9		Fiscal Officer, Agency Human Resources Director, Public
10		Information Officer, or Chief Information Officer and (ii) was
11		neither included in a bargaining unit nor subject to an active
12		petition for certification in a bargaining unit; any employee
13		of a State agency who (i) is in a position that is
14		Rutan-exempt, as designated by the employer, and completely
15		exempt from jurisdiction B of the Personnel Code and (ii) was
16		neither included in a bargaining unit nor subject to an active
17		petition for certification in a bargaining unit; any term
18		appointed employee of a State agency pursuant to Section 8b.18
19		or 8b.19 of the Personnel Code who was neither included in a
20		bargaining unit nor subject to an active petition for
21		certification in a bargaining unit; any employment position
22		properly designated pursuant to Section 6.1 of this Act;
23		confidential employees; independent contractors; and
24		supervisors except as provided in this Act.
25		Home care and home health workers who function as personal
26		assistants and individual maintenance home health workers and

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

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1		or school district; authorities including departments,
2		divisions, bureaus, boards, commissions, or other agencies of
3		the foregoing entities; and any person acting within the scope
4		of his or her authority, express or implied, on behalf of those
5		entities in dealing with its employees. As of July 16, 2003
6		(the effective date of Public Act 93-204), but not before, the
7		State of Illinois shall be considered the employer of the
8		personal assistants working under the Home Services Program
9		under Section 3 of the Rehabilitation of Persons with
10		Disabilities Act, subject to the limitations set forth in this
11		Act and in the Rehabilitation of Persons with Disabilities
12		Act. As of January 29, 2013 (the effective date of Public Act
13		97-1158), but not before except as otherwise provided in this
14		subsection (o), the State shall be considered the employer of
15		home care and home health workers who function as personal
16		assistants and individual maintenance home health workers and
17		who also work under the Home Services Program under Section 3
18		of the Rehabilitation of Persons with Disabilities Act, no
19		matter whether the State provides those services through
20		direct fee-for-service arrangements, with the assistance of a
21		managed care organization or other intermediary, or otherwise,
22		but subject to the limitations set forth in this Act and the
23		Rehabilitation of Persons with Disabilities Act. The State
24		shall not be considered to be the employer of home care and
25		home health workers who function as personal assistants and
26		individual maintenance home health workers and who also work

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1		under the Home Services Program under Section 3 of the
2		Rehabilitation of Persons with Disabilities Act, for any
3		purposes not specifically provided for in Public Act 93-204 or
4		Public Act 97-1158, including but not limited to, purposes of
5		vicarious liability in tort and purposes of statutory
6		retirement or health insurance benefits. Home care and home
7		health workers who function as personal assistants and
8		individual maintenance home health workers and who also work
9		under the Home Services Program under Section 3 of the
10		Rehabilitation of Persons with Disabilities Act shall not be
11		covered by the State Employees Group Insurance Act of 1971. As
12		of January 1, 2006 (the effective date of Public Act 94-320),
13		but not before, the State of Illinois shall be considered the
14		employer of the day and child care home providers
15		participating in the child care assistance program under
16		Section 9A-11 of the Illinois Public Aid Code, subject to the
17		limitations set forth in this Act and in Section 9A-11 of the
18		Illinois Public Aid Code. The State shall not be considered to
19		be the employer of child and day care home providers for any
20		purposes not specifically provided for in Public Act 94-320,
21		including, but not limited to, purposes of vicarious liability
22		in tort and purposes of statutory retirement or health
23		insurance benefits. Child and day care home providers shall
24		not be covered by the State Employees Group Insurance Act of
25		1971.
26		"Public employer" or "employer" as used in this Act,

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1		however, does not mean and shall not include the General
2		Assembly of the State of Illinois, the Executive Ethics
3		Commission, the Offices of the Executive Inspectors General,
4		the Legislative Ethics Commission, the Office of the
5		Legislative Inspector General, the Office of the Auditor
6		General's Inspector General, the Office of the Governor, the
7		Governor's Office of Management and Budget, the Illinois
8		Finance Authority, the Office of the Lieutenant Governor, the
9		State Board of Elections, and educational employers or
10		employers as defined in the Illinois Educational Labor
11		Relations Act, except with respect to a state university in
12		its employment of firefighters and peace officers and except
13		with respect to a school district in the employment of peace
14		officers in its own police department in existence on July 23,
15		2010 (the effective date of Public Act 96-1257). County boards
16		and county sheriffs shall be designated as joint or
17		co-employers of county peace officers appointed under the
18		authority of a county sheriff. Nothing in this subsection (o)
19		shall be construed to prevent the State Panel or the Local
20		Panel from determining that employers are joint or
21		co-employers.
22		(o-5) With respect to wages, fringe benefits, hours,
23		holidays, vacations, proficiency examinations, sick leave, and
24		other conditions of employment, the public employer of public
25		employees who are court reporters, as defined in the Court
26		Reporters Act, shall be determined as follows:

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1		(1) For court reporters employed by the Cook County
2		Judicial Circuit, the chief judge of the Cook County
3		Circuit Court is the public employer and employer
4		representative.
5		(2) For court reporters employed by the 12th, 18th,
6		19th, and, on and after December 4, 2006, the 22nd
7		judicial circuits, a group consisting of the chief judges
8		of those circuits, acting jointly by majority vote, is the
9		public employer and employer representative.
10		(3) For court reporters employed by all other judicial
11		circuits, a group consisting of the chief judges of those
12		circuits, acting jointly by majority vote, is the public
13		employer and employer representative.
14		(p) "Security employee" means an employee who is
15		responsible for the supervision and control of inmates at
16		correctional facilities. The term also includes other
17		non-security employees in bargaining units having the majority
18		of employees being responsible for the supervision and control
19		of inmates at correctional facilities.
20		(q) "Short-term employee" means an employee who is
21		employed for less than 2 consecutive calendar quarters during
22		a calendar year and who does not have a reasonable assurance
23		that he or she will be rehired by the same employer for the
24		same service in a subsequent calendar year.
25		(q-5) "State agency" means an agency directly responsible
26		to the Governor, as defined in Section 3.1 of the Executive

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1		Reorganization Implementation Act, and the Illinois Commerce
2		Commission, the Illinois Workers' Compensation Commission, the
3		Civil Service Commission, the Pollution Control Board, the
4		Illinois Racing Board, and the Illinois State Police Merit
5		Board.
6		(r) "Supervisor" is:
7		(1) An employee whose principal work is substantially
8		different from that of his or her subordinates and who has
9		authority, in the interest of the employer, to hire,
10		transfer, suspend, lay off, recall, promote, discharge,
11		direct, reward, or discipline employees, to adjust their
12		grievances, or to effectively recommend any of those
13		actions, if the exercise of that authority is not of a
14		merely routine or clerical nature, but requires the
15		consistent use of independent judgment. Except with
16		respect to police employment, the term "supervisor"
17		includes only those individuals who devote a preponderance
18		of their employment time to exercising that authority,
19		State supervisors notwithstanding. Determinations of
20		supervisor status shall be based on actual employee job
21		duties and not solely on written job descriptions. Nothing
22		in this definition prohibits an individual from also
23		meeting the definition of "managerial employee" under
24		subsection (j) of this Section. In addition, in
25		determining supervisory status in police employment, rank
26		shall not be determinative. The Board shall consider, as

HB3595 Enrolled - 20 - LRB104 08153 BAB 18201 b
1		evidence of bargaining unit inclusion or exclusion, the
2		common law enforcement policies and relationships between
3		police officer ranks and certification under applicable
4		civil service law, ordinances, personnel codes, or
5		Division 2.1 of Article 10 of the Illinois Municipal Code,
6		but these factors shall not be the sole or predominant
7		factors considered by the Board in determining police
8		supervisory status.
9		Notwithstanding the provisions of the preceding
10		paragraph, in determining supervisory status in fire
11		fighter employment, no fire fighter shall be excluded as a
12		supervisor who has established representation rights under
13		Section 9 of this Act. Further, in fire fighter units,
14		employees shall consist of fire fighters of the highest
15		rank of company officer and below. A company officer may
16		be responsible for multiple companies or apparatus on a
17		shift, multiple stations, or an entire shift. There may be
18		more than one company officer per shift. If a company
19		officer otherwise qualifies as a supervisor under the
20		preceding paragraph, however, he or she shall not be
21		included in the fire fighter unit. If there is no rank
22		between that of chief and the highest company officer, the
23		employer may designate a position on each shift as a Shift
24		Commander, and the persons occupying those positions shall
25		be supervisors. All other ranks above that of the highest
26		company officer shall be supervisors.

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1		(2) With respect only to State employees in positions
2		under the jurisdiction of the Attorney General, Secretary
3		of State, Comptroller, or Treasurer (i) that were
4		certified in a bargaining unit on or after December 2,
5		2008, (ii) for which a petition is filed with the Illinois
6		Public Labor Relations Board on or after April 5, 2013
7		(the effective date of Public Act 97-1172), or (iii) for
8		which a petition is pending before the Illinois Public
9		Labor Relations Board on that date, an employee who
10		qualifies as a supervisor under (A) Section 152 of the
11		National Labor Relations Act and (B) orders of the
12		National Labor Relations Board interpreting that provision
13		or decisions of courts reviewing decisions of the National
14		Labor Relations Board.
15		(s)(1) "Unit" means a class of jobs or positions that are
16		held by employees whose collective interests may suitably be
17		represented by a labor organization for collective bargaining.
18		Except with respect to non-State fire fighters and paramedics
19		employed by fire departments and fire protection districts,
20		non-State peace officers, and peace officers in the Illinois
21		State Police, a bargaining unit determined by the Board shall
22		not include both employees and supervisors, or supervisors
23		only, except as provided in paragraph (2) of this subsection
24		(s) and except for bargaining units in existence on July 1,
25		1984 (the effective date of this Act). With respect to
26		non-State fire fighters and paramedics employed by fire

HB3595 Enrolled - 22 - LRB104 08153 BAB 18201 b
1		departments and fire protection districts, non-State peace
2		officers, and peace officers in the Illinois State Police, a
3		bargaining unit determined by the Board shall not include both
4		supervisors and nonsupervisors, or supervisors only, except as
5		provided in paragraph (2) of this subsection (s) and except
6		for bargaining units in existence on January 1, 1986 (the
7		effective date of this amendatory Act of 1985). A bargaining
8		unit determined by the Board to contain peace officers shall
9		contain no employees other than peace officers unless
10		otherwise agreed to by the employer and the labor organization
11		or labor organizations involved. Notwithstanding any other
12		provision of this Act, a bargaining unit, including a
13		historical bargaining unit, containing sworn peace officers of
14		the Department of Natural Resources (formerly designated the
15		Department of Conservation) shall contain no employees other
16		than such sworn peace officers upon the effective date of this
17		amendatory Act of 1990 or upon the expiration date of any
18		collective bargaining agreement in effect upon the effective
19		date of this amendatory Act of 1990 covering both such sworn
20		peace officers and other employees.
21		(2) Notwithstanding the exclusion of supervisors from
22		bargaining units as provided in paragraph (1) of this
23		subsection (s), a public employer may agree to permit its
24		supervisory employees to form bargaining units and may bargain
25		with those units. This Act shall apply if the public employer
26		chooses to bargain under this subsection.

HB3595 Enrolled - 23 - LRB104 08153 BAB 18201 b
1		(3) Public employees who are court reporters, as defined
2		in the Court Reporters Act, shall be divided into 3 units for
3		collective bargaining purposes. One unit shall be court
4		reporters employed by the Cook County Judicial Circuit; one
5		unit shall be court reporters employed by the 12th, 18th,
6		19th, and, on and after December 4, 2006, the 22nd judicial
7		circuits; and one unit shall be court reporters employed by
8		all other judicial circuits.
9		(t) "Active petition for certification in a bargaining
10		unit" means a petition for certification filed with the Board
11		under one of the following case numbers: S-RC-11-110;
12		S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
13		S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
14		S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
15		S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
16		S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
17		S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
18		S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
19		S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
20		S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
21		S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
22		S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
23		S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
24		S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
25		S-RC-07-100.
26		(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;

HB3595 Enrolled - 24 - LRB104 08153 BAB 18201 b
1		102-686, eff. 6-1-22; 102-813, eff. 5-13-22; 103-154, eff.
2		6-30-23.)
3		(Text of Section after amendment by P.A. 104-118)
4		Sec. 3. Definitions. As used in this Act, unless the
5		context otherwise requires:
6		(a) "Board" means the Illinois Labor Relations Board or,
7		with respect to a matter over which the jurisdiction of the
8		Board is assigned to the State Panel or the Local Panel under
9		Section 5, the panel having jurisdiction over the matter.
10		(b) "Collective bargaining" means bargaining over terms
11		and conditions of employment, including hours, wages, and
12		other conditions of employment, as detailed in Section 7 and
13		which are not excluded by Section 4.
14		(c) "Confidential employee" means an employee who, in the
15		regular course of his or her duties, assists and acts in a
16		confidential capacity to persons who formulate, determine, and
17		effectuate management policies with regard to labor relations
18		or who, in the regular course of his or her duties, has
19		authorized access to information relating to the effectuation
20		or review of the employer's collective bargaining policies.
21		Determinations of confidential employee status shall be based
22		on actual employee job duties and not solely on written job
23		descriptions.
24		(d) "Craft employees" means skilled journeymen, crafts
25		persons, and their apprentices and helpers.

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1		(e) "Essential services employees" means those public
2		employees performing functions so essential that the
3		interruption or termination of the function will constitute a
4		clear and present danger to the health and safety of the
5		persons in the affected community.
6		(f) "Exclusive representative", except with respect to
7		non-State fire fighters and paramedics employed by fire
8		departments and fire protection districts, non-State peace
9		officers, and peace officers in the Illinois State Police,
10		means the labor organization that has been (i) designated by
11		the Board as the representative of a majority of public
12		employees in an appropriate bargaining unit in accordance with
13		the procedures contained in this Act; (ii) historically
14		recognized by the State of Illinois or any political
15		subdivision of the State before July 1, 1984 (the effective
16		date of this Act) as the exclusive representative of the
17		employees in an appropriate bargaining unit; (iii) after July
18		1, 1984 (the effective date of this Act) recognized by an
19		employer upon evidence, acceptable to the Board, that the
20		labor organization has been designated as the exclusive
21		representative by a majority of the employees in an
22		appropriate bargaining unit; (iv) recognized as the exclusive
23		representative of personal assistants under Executive Order
24		2003-8 prior to July 16, 2003 (the effective date of Public Act
25		93-204), and the organization shall be considered to be the
26		exclusive representative of the personal assistants as defined

HB3595 Enrolled - 26 - LRB104 08153 BAB 18201 b
1		in this Section; or (v) recognized as the exclusive
2		representative of early care and education child and day care
3		home providers, including licensed and license exempt
4		providers, pursuant to an election held under Executive Order
5		2005-1 prior to January 1, 2006 (the effective date of Public
6		Act 94-320), and the organization shall be considered to be
7		the exclusive representative of the early care and education
8		child and day care home providers as defined in this Section.
9		With respect to non-State fire fighters and paramedics
10		employed by fire departments and fire protection districts,
11		non-State peace officers, and peace officers in the Illinois
12		State Police, "exclusive representative" means the labor
13		organization that has been (i) designated by the Board as the
14		representative of a majority of peace officers or fire
15		fighters in an appropriate bargaining unit in accordance with
16		the procedures contained in this Act, (ii) historically
17		recognized by the State of Illinois or any political
18		subdivision of the State before January 1, 1986 (the effective
19		date of this amendatory Act of 1985) as the exclusive
20		representative by a majority of the peace officers or fire
21		fighters in an appropriate bargaining unit, or (iii) after
22		January 1, 1986 (the effective date of this amendatory Act of
23		1985) recognized by an employer upon evidence, acceptable to
24		the Board, that the labor organization has been designated as
25		the exclusive representative by a majority of the peace
26		officers or fire fighters in an appropriate bargaining unit.

HB3595 Enrolled - 27 - LRB104 08153 BAB 18201 b
1		Where a historical pattern of representation exists for
2		the workers of a water system that was owned by a public
3		utility, as defined in Section 3-105 of the Public Utilities
4		Act, prior to becoming certified employees of a municipality
5		or municipalities once the municipality or municipalities have
6		acquired the water system as authorized in Section 11-124-5 of
7		the Illinois Municipal Code, the Board shall find the labor
8		organization that has historically represented the workers to
9		be the exclusive representative under this Act, and shall find
10		the unit represented by the exclusive representative to be the
11		appropriate unit.
12		(g) "Fair share agreement" means an agreement between the
13		employer and an employee organization under which all or any
14		of the employees in a collective bargaining unit are required
15		to pay their proportionate share of the costs of the
16		collective bargaining process, contract administration, and
17		pursuing matters affecting wages, hours, and other conditions
18		of employment, but not to exceed the amount of dues uniformly
19		required of members. The amount certified by the exclusive
20		representative shall not include any fees for contributions
21		related to the election or support of any candidate for
22		political office. Nothing in this subsection (g) shall
23		preclude an employee from making voluntary political
24		contributions in conjunction with his or her fair share
25		payment.
26		(g-1) "Fire fighter" means, for the purposes of this Act

HB3595 Enrolled - 28 - LRB104 08153 BAB 18201 b
1		only, any person who has been or is hereafter appointed to a
2		fire department or fire protection district or employed by a
3		state university and sworn or commissioned to perform fire
4		fighter duties or paramedic duties, including paramedics
5		employed by a unit of local government, except that the
6		following persons are not included: part-time fire fighters,
7		auxiliary, reserve or voluntary fire fighters, including paid
8		on-call fire fighters, clerks and dispatchers or other
9		civilian employees of a fire department or fire protection
10		district who are not routinely expected to perform fire
11		fighter duties, or elected officials.
12		(g-2) "General Assembly of the State of Illinois" means
13		the legislative branch of the government of the State of
14		Illinois, as provided for under Article IV of the Constitution
15		of the State of Illinois, and includes, but is not limited to,
16		the House of Representatives, the Senate, the Speaker of the
17		House of Representatives, the Minority Leader of the House of
18		Representatives, the President of the Senate, the Minority
19		Leader of the Senate, the Joint Committee on Legislative
20		Support Services, and any legislative support services agency
21		listed in the Legislative Commission Reorganization Act of
22		1984.
23		(h) "Governing body" means, in the case of the State, the
24		State Panel of the Illinois Labor Relations Board, the
25		Director of the Department of Central Management Services, and
26		the Director of the Department of Labor; the county board in

HB3595 Enrolled - 29 - LRB104 08153 BAB 18201 b
1		the case of a county; the corporate authorities in the case of
2		a municipality; and the appropriate body authorized to provide
3		for expenditures of its funds in the case of any other unit of
4		government.
5		(i) "Labor organization" means any organization in which
6		public employees participate and that exists for the purpose,
7		in whole or in part, of dealing with a public employer
8		concerning wages, hours, and other terms and conditions of
9		employment, including the settlement of grievances.
10		(i-5) "Legislative liaison" means a person who is an
11		employee of a State agency, the Attorney General, the
12		Secretary of State, the Comptroller, or the Treasurer, as the
13		case may be, and whose job duties require the person to
14		regularly communicate in the course of his or her employment
15		with any official or staff of the General Assembly of the State
16		of Illinois for the purpose of influencing any legislative
17		action.
18		(j) "Managerial employee" means an individual who is
19		engaged predominantly in executive and management functions
20		and is charged with the responsibility of directing the
21		effectuation of management policies and practices.
22		Determination of managerial employee status shall be based on
23		actual employee job duties and not solely on written job
24		descriptions. With respect only to State employees in
25		positions under the jurisdiction of the Attorney General,
26		Secretary of State, Comptroller, or Treasurer (i) that were

HB3595 Enrolled - 30 - LRB104 08153 BAB 18201 b
1		certified in a bargaining unit on or after December 2, 2008,
2		(ii) for which a petition is filed with the Illinois Public
3		Labor Relations Board on or after April 5, 2013 (the effective
4		date of Public Act 97-1172), or (iii) for which a petition is
5		pending before the Illinois Public Labor Relations Board on
6		that date, "managerial employee" means an individual who is
7		engaged in executive and management functions or who is
8		charged with the effectuation of management policies and
9		practices or who represents management interests by taking or
10		recommending discretionary actions that effectively control or
11		implement policy. On and after the effective date of this
12		amendatory Act of the 104th General Assembly, "managerial
13		employee" includes the individual designated or appointed by a
14		sheriff as the undersheriff or chief deputy to fill a vacancy
15		under Section 3-3010 of the Counties Code and the individual
16		serving as the superintendent of the jail under Section 3 of
17		the County Jail Act, unless the sheriff and the relevant union
18		have mutually agreed otherwise or the individual is already
19		otherwise recognized under subsection (c) of Section 9 or any
20		other provision of this Act. Nothing in this definition
21		prohibits an individual from also meeting the definition of
22		"supervisor" under subsection (r) of this Section.
23		(k) "Peace officer" means, for the purposes of this Act
24		only, any persons who have been or are hereafter appointed to a
25		police force, department, or agency and sworn or commissioned
26		to perform police duties, except that the following persons

HB3595 Enrolled - 31 - LRB104 08153 BAB 18201 b
1		are not included: part-time police officers, special police
2		officers, auxiliary police as defined by Section 3.1-30-20 of
3		the Illinois Municipal Code, night watchmen, "merchant
4		police", court security officers as defined by Section
5		3-6012.1 of the Counties Code, temporary employees, traffic
6		guards or wardens, civilian parking meter and parking
7		facilities personnel or other individuals specially appointed
8		to aid or direct traffic at or near schools or public functions
9		or to aid in civil defense or disaster, parking enforcement
10		employees who are not commissioned as peace officers and who
11		are not armed and who are not routinely expected to effect
12		arrests, parking lot attendants, clerks and dispatchers or
13		other civilian employees of a police department who are not
14		routinely expected to effect arrests, or elected officials.
15		(l) "Person" includes one or more individuals, labor
16		organizations, public employees, associations, corporations,
17		legal representatives, trustees, trustees in bankruptcy,
18		receivers, or the State of Illinois or any political
19		subdivision of the State or governing body, but does not
20		include the General Assembly of the State of Illinois or any
21		individual employed by the General Assembly of the State of
22		Illinois.
23		(m) "Professional employee" means any employee engaged in
24		work predominantly intellectual and varied in character rather
25		than routine mental, manual, mechanical or physical work;
26		involving the consistent exercise of discretion and adjustment

HB3595 Enrolled - 32 - LRB104 08153 BAB 18201 b
1		in its performance; of such a character that the output
2		produced or the result accomplished cannot be standardized in
3		relation to a given period of time; and requiring advanced
4		knowledge in a field of science or learning customarily
5		acquired by a prolonged course of specialized intellectual
6		instruction and study in an institution of higher learning or
7		a hospital, as distinguished from a general academic education
8		or from apprenticeship or from training in the performance of
9		routine mental, manual, or physical processes; or any employee
10		who has completed the courses of specialized intellectual
11		instruction and study prescribed in this subsection (m) and is
12		performing related work under the supervision of a
13		professional person to qualify to become a professional
14		employee as defined in this subsection (m).
15		(n) "Public employee" or "employee", for the purposes of
16		this Act, means any individual employed by a public employer,
17		including (i) interns and residents at public hospitals, (ii)
18		as of July 16, 2003 (the effective date of Public Act 93-204),
19		but not before, personal assistants working under the Home
20		Services Program under Section 3 of the Rehabilitation of
21		Persons with Disabilities Act, subject to the limitations set
22		forth in this Act and in the Rehabilitation of Persons with
23		Disabilities Act, (iii) as of January 1, 2006 (the effective
24		date of Public Act 94-320), but not before, early care and
25		education child and day care home providers participating in
26		the child care assistance program under Section 9A-11 of the

HB3595 Enrolled - 33 - LRB104 08153 BAB 18201 b
1		Illinois Public Aid Code, subject to the limitations set forth
2		in this Act and in Section 9A-11 of the Illinois Public Aid
3		Code, (iv) as of January 29, 2013 (the effective date of Public
4		Act 97-1158), but not before except as otherwise provided in
5		this subsection (n), home care and home health workers who
6		function as personal assistants and individual maintenance
7		home health workers and who also work under the Home Services
8		Program under Section 3 of the Rehabilitation of Persons with
9		Disabilities Act, no matter whether the State provides those
10		services through direct fee-for-service arrangements, with the
11		assistance of a managed care organization or other
12		intermediary, or otherwise, (v) beginning on July 19, 2013
13		(the effective date of Public Act 98-100) and notwithstanding
14		any other provision of this Act, any person employed by a
15		public employer and who is classified as or who holds the
16		employment title of Chief Stationary Engineer, Assistant Chief
17		Stationary Engineer, Sewage Plant Operator, Water Plant
18		Operator, Stationary Engineer, Plant Operating Engineer, and
19		any other employee who holds the position of: Civil Engineer
20		V, Civil Engineer VI, Civil Engineer VII, Technical Manager I,
21		Technical Manager II, Technical Manager III, Technical Manager
22		IV, Technical Manager V, Technical Manager VI, Realty
23		Specialist III, Realty Specialist IV, Realty Specialist V,
24		Technical Advisor I, Technical Advisor II, Technical Advisor
25		III, Technical Advisor IV, or Technical Advisor V employed by
26		the Department of Transportation who is in a position which is

HB3595 Enrolled - 34 - LRB104 08153 BAB 18201 b
1		certified in a bargaining unit on or before July 19, 2013 (the
2		effective date of Public Act 98-100), and (vi) beginning on
3		July 19, 2013 (the effective date of Public Act 98-100) and
4		notwithstanding any other provision of this Act, any mental
5		health administrator in the Department of Corrections who is
6		classified as or who holds the position of Public Service
7		Administrator (Option 8K), any employee of the Office of the
8		Inspector General in the Department of Human Services who is
9		classified as or who holds the position of Public Service
10		Administrator (Option 7), any Deputy of Intelligence in the
11		Department of Corrections who is classified as or who holds
12		the position of Public Service Administrator (Option 7), and
13		any employee of the Illinois State Police who handles issues
14		concerning the Illinois State Police Sex Offender Registry and
15		who is classified as or holds the position of Public Service
16		Administrator (Option 7), but excluding all of the following:
17		employees of the General Assembly of the State of Illinois;
18		elected officials; executive heads of a department; members of
19		boards or commissions; the Executive Inspectors General; any
20		special Executive Inspectors General; employees of each Office
21		of an Executive Inspector General; commissioners and employees
22		of the Executive Ethics Commission; the Auditor General's
23		Inspector General; employees of the Office of the Auditor
24		General's Inspector General; the Legislative Inspector
25		General; any special Legislative Inspectors General; employees
26		of the Office of the Legislative Inspector General;

HB3595 Enrolled - 35 - LRB104 08153 BAB 18201 b
1		commissioners and employees of the Legislative Ethics
2		Commission; employees of any agency, board or commission
3		created by this Act; employees appointed to State positions of
4		a temporary or emergency nature; all employees of school
5		districts and higher education institutions except
6		firefighters and peace officers employed by a state university
7		and except peace officers employed by a school district in its
8		own police department in existence on July 23, 2010 (the
9		effective date of Public Act 96-1257); managerial employees;
10		short-term employees; legislative liaisons; a person who is a
11		State employee under the jurisdiction of the Office of the
12		Attorney General who is licensed to practice law or whose
13		position authorizes, either directly or indirectly, meaningful
14		input into government decision-making on issues where there is
15		room for principled disagreement on goals or their
16		implementation; a person who is a State employee under the
17		jurisdiction of the Office of the Comptroller who holds the
18		position of Public Service Administrator or whose position is
19		otherwise exempt under the Comptroller Merit Employment Code;
20		a person who is a State employee under the jurisdiction of the
21		Secretary of State who holds the position classification of
22		Executive I or higher, whose position authorizes, either
23		directly or indirectly, meaningful input into government
24		decision-making on issues where there is room for principled
25		disagreement on goals or their implementation, or who is
26		otherwise exempt under the Secretary of State Merit Employment

HB3595 Enrolled - 36 - LRB104 08153 BAB 18201 b
1		Code; employees in the Office of the Secretary of State who are
2		completely exempt from jurisdiction B of the Secretary of
3		State Merit Employment Code and who are in Rutan-exempt
4		positions on or after April 5, 2013 (the effective date of
5		Public Act 97-1172); a person who is a State employee under the
6		jurisdiction of the Treasurer who holds a position that is
7		exempt from the State Treasurer Employment Code; any employee
8		of a State agency who (i) holds the title or position of, or
9		exercises substantially similar duties as a legislative
10		liaison, Agency General Counsel, Agency Chief of Staff, Agency
11		Executive Director, Agency Deputy Director, Agency Chief
12		Fiscal Officer, Agency Human Resources Director, Public
13		Information Officer, or Chief Information Officer and (ii) was
14		neither included in a bargaining unit nor subject to an active
15		petition for certification in a bargaining unit; any employee
16		of a State agency who (i) is in a position that is
17		Rutan-exempt, as designated by the employer, and completely
18		exempt from jurisdiction B of the Personnel Code and (ii) was
19		neither included in a bargaining unit nor subject to an active
20		petition for certification in a bargaining unit; any term
21		appointed employee of a State agency pursuant to Section 8b.18
22		or 8b.19 of the Personnel Code who was neither included in a
23		bargaining unit nor subject to an active petition for
24		certification in a bargaining unit; any employment position
25		properly designated pursuant to Section 6.1 of this Act;
26		confidential employees; independent contractors; and

HB3595 Enrolled - 37 - LRB104 08153 BAB 18201 b
1		supervisors except as provided in this Act.
2		Home care and home health workers who function as personal
3		assistants and individual maintenance home health workers and
4		who also work under the Home Services Program under Section 3
5		of the Rehabilitation of Persons with Disabilities Act shall
6		not be considered public employees for any purposes not
7		specifically provided for in Public Act 93-204 or Public Act
8		97-1158, including, but not limited to, purposes of vicarious
9		liability in tort and purposes of statutory retirement or
10		health insurance benefits. Home care and home health workers
11		who function as personal assistants and individual maintenance
12		home health workers and who also work under the Home Services
13		Program under Section 3 of the Rehabilitation of Persons with
14		Disabilities Act shall not be covered by the State Employees
15		Group Insurance Act of 1971.
16		Early care and education Child and day care home providers
17		shall not be considered public employees for any purposes not
18		specifically provided for in Public Act 94-320, including, but
19		not limited to, purposes of vicarious liability in tort and
20		purposes of statutory retirement or health insurance benefits.
21		Early care and education Child and day care home providers
22		shall not be covered by the State Employees Group Insurance
23		Act of 1971.
24		Notwithstanding Section 9, subsection (c), or any other
25		provisions of this Act, all peace officers above the rank of
26		captain in municipalities with more than 1,000,000 inhabitants

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1		shall be excluded from this Act.
2		(o) Except as otherwise in subsection (o-5), "public
3		employer" or "employer" means the State of Illinois; any
4		political subdivision of the State, unit of local government
5		or school district; authorities including departments,
6		divisions, bureaus, boards, commissions, or other agencies of
7		the foregoing entities; and any person acting within the scope
8		of his or her authority, express or implied, on behalf of those
9		entities in dealing with its employees. As of July 16, 2003
10		(the effective date of Public Act 93-204), but not before, the
11		State of Illinois shall be considered the employer of the
12		personal assistants working under the Home Services Program
13		under Section 3 of the Rehabilitation of Persons with
14		Disabilities Act, subject to the limitations set forth in this
15		Act and in the Rehabilitation of Persons with Disabilities
16		Act. As of January 29, 2013 (the effective date of Public Act
17		97-1158), but not before except as otherwise provided in this
18		subsection (o), the State shall be considered the employer of
19		home care and home health workers who function as personal
20		assistants and individual maintenance home health workers and
21		who also work under the Home Services Program under Section 3
22		of the Rehabilitation of Persons with Disabilities Act, no
23		matter whether the State provides those services through
24		direct fee-for-service arrangements, with the assistance of a
25		managed care organization or other intermediary, or otherwise,
26		but subject to the limitations set forth in this Act and the

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1		Rehabilitation of Persons with Disabilities Act. The State
2		shall not be considered to be the employer of home care and
3		home health workers who function as personal assistants and
4		individual maintenance home health workers and who also work
5		under the Home Services Program under Section 3 of the
6		Rehabilitation of Persons with Disabilities Act, for any
7		purposes not specifically provided for in Public Act 93-204 or
8		Public Act 97-1158, including but not limited to, purposes of
9		vicarious liability in tort and purposes of statutory
10		retirement or health insurance benefits. Home care and home
11		health workers who function as personal assistants and
12		individual maintenance home health workers and who also work
13		under the Home Services Program under Section 3 of the
14		Rehabilitation of Persons with Disabilities Act shall not be
15		covered by the State Employees Group Insurance Act of 1971. As
16		of January 1, 2006 (the effective date of Public Act 94-320),
17		but not before, the State of Illinois shall be considered the
18		employer of the early care and education day and child care
19		home providers participating in the child care assistance
20		program under Section 9A-11 of the Illinois Public Aid Code,
21		subject to the limitations set forth in this Act and in Section
22		9A-11 of the Illinois Public Aid Code. The State shall not be
23		considered to be the employer of early care and education
24		child and day care home providers for any purposes not
25		specifically provided for in Public Act 94-320, including, but
26		not limited to, purposes of vicarious liability in tort and

HB3595 Enrolled - 40 - LRB104 08153 BAB 18201 b
1		purposes of statutory retirement or health insurance benefits.
2		Early care and education Child and day care home providers
3		shall not be covered by the State Employees Group Insurance
4		Act of 1971.
5		"Public employer" or "employer" as used in this Act,
6		however, does not mean and shall not include the General
7		Assembly of the State of Illinois, the Executive Ethics
8		Commission, the Offices of the Executive Inspectors General,
9		the Legislative Ethics Commission, the Office of the
10		Legislative Inspector General, the Office of the Auditor
11		General's Inspector General, the Office of the Governor, the
12		Governor's Office of Management and Budget, the Illinois
13		Finance Authority, the Office of the Lieutenant Governor, the
14		State Board of Elections, and educational employers or
15		employers as defined in the Illinois Educational Labor
16		Relations Act, except with respect to a state university in
17		its employment of firefighters and peace officers and except
18		with respect to a school district in the employment of peace
19		officers in its own police department in existence on July 23,
20		2010 (the effective date of Public Act 96-1257). County boards
21		and county sheriffs shall be designated as joint or
22		co-employers of county peace officers appointed under the
23		authority of a county sheriff. Nothing in this subsection (o)
24		shall be construed to prevent the State Panel or the Local
25		Panel from determining that employers are joint or
26		co-employers.

HB3595 Enrolled - 41 - LRB104 08153 BAB 18201 b
1		(o-5) With respect to wages, fringe benefits, hours,
2		holidays, vacations, proficiency examinations, sick leave, and
3		other conditions of employment, the public employer of public
4		employees who are court reporters, as defined in the Court
5		Reporters Act, shall be determined as follows:
6		(1) For court reporters employed by the Cook County
7		Judicial Circuit, the chief judge of the Cook County
8		Circuit Court is the public employer and employer
9		representative.
10		(2) For court reporters employed by the 12th, 18th,
11		19th, and, on and after December 4, 2006, the 22nd
12		judicial circuits, a group consisting of the chief judges
13		of those circuits, acting jointly by majority vote, is the
14		public employer and employer representative.
15		(3) For court reporters employed by all other judicial
16		circuits, a group consisting of the chief judges of those
17		circuits, acting jointly by majority vote, is the public
18		employer and employer representative.
19		(p) "Security employee" means an employee who is
20		responsible for the supervision and control of inmates at
21		correctional facilities. The term also includes other
22		non-security employees in bargaining units having the majority
23		of employees being responsible for the supervision and control
24		of inmates at correctional facilities.
25		(q) "Short-term employee" means an employee who is
26		employed for less than 2 consecutive calendar quarters during

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1		a calendar year and who does not have a reasonable assurance
2		that he or she will be rehired by the same employer for the
3		same service in a subsequent calendar year.
4		(q-5) "State agency" means an agency directly responsible
5		to the Governor, as defined in Section 3.1 of the Executive
6		Reorganization Implementation Act, and the Illinois Commerce
7		Commission, the Illinois Workers' Compensation Commission, the
8		Civil Service Commission, the Pollution Control Board, the
9		Illinois Racing Board, and the Illinois State Police Merit
10		Board.
11		(r) "Supervisor" is:
12		(1) An employee whose principal work is substantially
13		different from that of his or her subordinates and who has
14		authority, in the interest of the employer, to hire,
15		transfer, suspend, lay off, recall, promote, discharge,
16		direct, reward, or discipline employees, to adjust their
17		grievances, or to effectively recommend any of those
18		actions, if the exercise of that authority is not of a
19		merely routine or clerical nature, but requires the
20		consistent use of independent judgment. Except with
21		respect to police employment, the term "supervisor"
22		includes only those individuals who devote a preponderance
23		of their employment time to exercising that authority,
24		State supervisors notwithstanding. Determinations of
25		supervisor status shall be based on actual employee job
26		duties and not solely on written job descriptions. Nothing

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1		in this definition prohibits an individual from also
2		meeting the definition of "managerial employee" under
3		subsection (j) of this Section. In addition, in
4		determining supervisory status in police employment, rank
5		shall not be determinative. The Board shall consider, as
6		evidence of bargaining unit inclusion or exclusion, the
7		common law enforcement policies and relationships between
8		police officer ranks and certification under applicable
9		civil service law, ordinances, personnel codes, or
10		Division 2.1 of Article 10 of the Illinois Municipal Code,
11		but these factors shall not be the sole or predominant
12		factors considered by the Board in determining police
13		supervisory status.
14		Notwithstanding the provisions of the preceding
15		paragraph, in determining supervisory status in fire
16		fighter employment, no fire fighter shall be excluded as a
17		supervisor who has established representation rights under
18		Section 9 of this Act. Further, in fire fighter units,
19		employees shall consist of fire fighters of the highest
20		rank of company officer and below. A company officer may
21		be responsible for multiple companies or apparatus on a
22		shift, multiple stations, or an entire shift. There may be
23		more than one company officer per shift. If a company
24		officer otherwise qualifies as a supervisor under the
25		preceding paragraph, however, he or she shall not be
26		included in the fire fighter unit. If there is no rank

HB3595 Enrolled - 44 - LRB104 08153 BAB 18201 b
1		between that of chief and the highest company officer, the
2		employer may designate a position on each shift as a Shift
3		Commander, and the persons occupying those positions shall
4		be supervisors. All other ranks above that of the highest
5		company officer shall be supervisors.
6		(2) With respect only to State employees in positions
7		under the jurisdiction of the Attorney General, Secretary
8		of State, Comptroller, or Treasurer (i) that were
9		certified in a bargaining unit on or after December 2,
10		2008, (ii) for which a petition is filed with the Illinois
11		Public Labor Relations Board on or after April 5, 2013
12		(the effective date of Public Act 97-1172), or (iii) for
13		which a petition is pending before the Illinois Public
14		Labor Relations Board on that date, an employee who
15		qualifies as a supervisor under (A) Section 152 of the
16		National Labor Relations Act and (B) orders of the
17		National Labor Relations Board interpreting that provision
18		or decisions of courts reviewing decisions of the National
19		Labor Relations Board.
20		(3) With respect to a police officer, other than a
21		police officer employed by the Illinois State Police, any
22		officer in a permanent rank for which the police officer
23		is appointed. For municipal police officers, "in a
24		permanent rank" shall mean those not subject to
25		promotional testing pursuant to Division 1 or Division 2.1
26		of the Illinois Municipal Code. The position or rank

HB3595 Enrolled - 45 - LRB104 08153 BAB 18201 b
1		immediately below that of Chief, whether occupied by a
2		person or persons in appointed positions or a tested rank
3		shall also be considered supervisors unless that rank is
4		that of patrol officer. An appointment of duties in which
5		the tested permanent rank does not change shall not be
6		considered the appointment of a supervisor under this
7		definition.
8		(4) With respect to a police officer for the State
9		Police, any rank of Major or above.
10		Notwithstanding the provisions of paragraph (1) of
11		subsection (r), "supervisor" does not include (1) a police
12		officer excluded from the definition of "supervisor" by a
13		collective bargaining agreement, (2) a police officer who is
14		in a rank for which the police officer must complete a written
15		test pursuant to Division 1 or Division 2.1 of the Illinois
16		Municipal Code in order to be employed in that rank, (3) a
17		police officer who is in a position or rank that has been
18		voluntarily recognized as covered by a collective bargaining
19		agreement by the employer, or (4) a police officer who is in a
20		position or rank that has been historically covered by a
21		collective bargaining agreement. However, these exclusions
22		from the definition of "supervisor" only apply in this Act for
23		the purposes of supervisory collective bargaining purposes
24		only. Employees occupying supervisory bargaining ranks shall
25		still be required to perform supervisory functions as outlined
26		in paragraph (1) of subsection (r) and be held accountable for

HB3595 Enrolled - 46 - LRB104 08153 BAB 18201 b
1		failure to perform supervisory functions.
2		(s)(1) "Unit" means a class of jobs or positions that are
3		held by employees whose collective interests may suitably be
4		represented by a labor organization for collective bargaining.
5		Except with respect to non-State fire fighters and paramedics
6		employed by fire departments and fire protection districts,
7		non-State peace officers, and peace officers in the Illinois
8		State Police, a bargaining unit determined by the Board shall
9		not include both employees and supervisors, or supervisors
10		only, except as provided in paragraph (2) of this subsection
11		(s) and except for bargaining units in existence on July 1,
12		1984 (the effective date of this Act). With respect to
13		non-State fire fighters and paramedics employed by fire
14		departments and fire protection districts, non-State peace
15		officers, and peace officers in the Illinois State Police, a
16		bargaining unit determined by the Board shall not include both
17		supervisors and nonsupervisors, or supervisors only, except as
18		provided in paragraph (2) of this subsection (s) and except
19		for bargaining units in existence on January 1, 1986 (the
20		effective date of this amendatory Act of 1985). A bargaining
21		unit determined by the Board to contain peace officers shall
22		contain no employees other than peace officers unless
23		otherwise agreed to by the employer and the labor organization
24		or labor organizations involved. Notwithstanding any other
25		provision of this Act, a bargaining unit, including a
26		historical bargaining unit, containing sworn peace officers of

HB3595 Enrolled - 47 - LRB104 08153 BAB 18201 b
1		the Department of Natural Resources (formerly designated the
2		Department of Conservation) shall contain no employees other
3		than such sworn peace officers upon the effective date of this
4		amendatory Act of 1990 or upon the expiration date of any
5		collective bargaining agreement in effect upon the effective
6		date of this amendatory Act of 1990 covering both such sworn
7		peace officers and other employees.
8		(2) Notwithstanding the exclusion of supervisors from
9		bargaining units as provided in paragraph (1) of this
10		subsection (s), a public employer may agree to permit its
11		supervisory employees to form bargaining units and may bargain
12		with those units. This Act shall apply if the public employer
13		chooses to bargain under this subsection.
14		(3) Public employees who are court reporters, as defined
15		in the Court Reporters Act, shall be divided into 3 units for
16		collective bargaining purposes. One unit shall be court
17		reporters employed by the Cook County Judicial Circuit; one
18		unit shall be court reporters employed by the 12th, 18th,
19		19th, and, on and after December 4, 2006, the 22nd judicial
20		circuits; and one unit shall be court reporters employed by
21		all other judicial circuits.
22		(t) "Active petition for certification in a bargaining
23		unit" means a petition for certification filed with the Board
24		under one of the following case numbers: S-RC-11-110;
25		S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
26		S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;

HB3595 Enrolled - 48 - LRB104 08153 BAB 18201 b
1		S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
2		S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
3		S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
4		S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
5		S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
6		S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
7		S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
8		S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
9		S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
10		S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
11		S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
12		S-RC-07-100.
13		(Source: P.A. 103-154, eff. 6-30-23; 104-118, eff. 7-1-26.)
14		(5 ILCS 315/7)  (from Ch. 48, par. 1607)
15		Sec. 7. Duty to bargain. A public employer and the
16		exclusive representative have the authority and the duty to
17		bargain collectively set forth in this Section.
18		For the purposes of this Act, "to bargain collectively"
19		means the performance of the mutual obligation of the public
20		employer or his designated representative and the
21		representative of the public employees to meet at reasonable
22		times, including meetings in advance of the budget-making
23		process, and to negotiate in good faith with respect to wages,
24		hours, and other conditions of employment, not excluded by
25		Section 4 of this Act, or the negotiation of an agreement, or

HB3595 Enrolled - 49 - LRB104 08153 BAB 18201 b
1		any question arising thereunder and the execution of a written
2		contract incorporating any agreement reached if requested by
3		either party, but such obligation does not compel either party
4		to agree to a proposal or require the making of a concession.
5		The duty "to bargain collectively" shall also include an
6		obligation to negotiate over any matter with respect to wages,
7		hours and other conditions of employment, not specifically
8		provided for in any other law or not specifically in violation
9		of the provisions of any law. If any other law pertains, in
10		part, to a matter affecting the wages, hours and other
11		conditions of employment, such other law shall not be
12		construed as limiting the duty "to bargain collectively" and
13		to enter into collective bargaining agreements containing
14		clauses which either supplement, implement, or relate to the
15		effect of such provisions in other laws.
16		The duty "to bargain collectively" shall also include
17		negotiations as to the terms of a collective bargaining
18		agreement. The parties may, by mutual agreement, provide for
19		arbitration of impasses resulting from their inability to
20		agree upon wages, hours and terms and conditions of employment
21		to be included in a collective bargaining agreement. Such
22		arbitration provisions shall be subject to the Illinois
23		"Uniform Arbitration Act" unless agreed by the parties.
24		The duty "to bargain collectively" shall also mean that no
25		party to a collective bargaining contract shall terminate or
26		modify such contract, unless the party desiring such

HB3595 Enrolled - 50 - LRB104 08153 BAB 18201 b
1		termination or modification:
2		(1) serves a written notice upon the other party to
3		the contract of the proposed termination or modification
4		60 days prior to the expiration date thereof, or in the
5		event such contract contains no expiration date, 60 days
6		prior to the time it is proposed to make such termination
7		or modification;
8		(2) offers to meet and confer with the other party for
9		the purpose of negotiating a new contract or a contract
10		containing the proposed modifications;
11		(3) notifies the Board within 30 days after such
12		notice of the existence of a dispute, provided no
13		agreement has been reached by that time; and
14		(4) continues in full force and effect, without
15		resorting to strike or lockout, all the terms and
16		conditions of the existing contract for a period of 60
17		days after such notice is given to the other party or until
18		the expiration date of such contract, whichever occurs
19		later.
20		The duties imposed upon employers, employees and labor
21		organizations by paragraphs (2), (3) and (4) shall become
22		inapplicable upon an intervening certification of the Board,
23		under which the labor organization, which is a party to the
24		contract, has been superseded as or ceased to be the exclusive
25		representative of the employees pursuant to the provisions of
26		subsection (a) of Section 9, and the duties so imposed shall

HB3595 Enrolled - 51 - LRB104 08153 BAB 18201 b
1		not be construed as requiring either party to discuss or agree
2		to any modification of the terms and conditions contained in a
3		contract for a fixed period, if such modification is to become
4		effective before such terms and conditions can be reopened
5		under the provisions of the contract.
6		Collective bargaining for home care and home health
7		workers who function as personal assistants and individual
8		maintenance home health workers under the Home Services
9		Program shall be limited to the terms and conditions of
10		employment under the State's control, as defined in Public Act
11		93-204 or this amendatory Act of the 97th General Assembly, as
12		applicable.
13		Collective bargaining for child and early care and
14		education day care home providers under the child care
15		assistance program shall be limited to the terms and
16		conditions of employment under the State's control, as defined
17		in this amendatory Act of the 94th General Assembly.
18		Notwithstanding any other provision of this Section,
19		whenever collective bargaining is for the purpose of
20		establishing an initial agreement following original
21		certification of units, with respect to public employees other
22		than peace officers, fire fighters, and security employees,
23		the following apply:
24		(1) Not later than 10 days after receiving a written
25		request for collective bargaining from a labor
26		organization that has been newly certified as a

HB3595 Enrolled - 52 - LRB104 08153 BAB 18201 b
1		representative as defined in Section 6(c), or within such
2		further period as the parties agree upon, the parties
3		shall meet and commence to bargain collectively and shall
4		make every reasonable effort to conclude and sign a
5		collective bargaining agreement.
6		(2) If anytime after the expiration of the 90-day
7		period beginning on the date on which bargaining is
8		commenced the parties have failed to reach an agreement,
9		either party may notify the Illinois Public Labor
10		Relations Board of the existence of a dispute and request
11		mediation in accordance with the provisions of Section 14
12		of this Act.
13		(3) If after the expiration of the 30-day period
14		beginning on the date on which mediation commenced, or
15		such additional period as the parties may agree upon, the
16		mediator is not able to bring the parties to agreement by
17		conciliation, either the exclusive representative of the
18		employees or the employer may request of the other, in
19		writing, arbitration and shall submit a copy of the
20		request to the board. Upon submission of the request for
21		arbitration, the parties shall be required to participate
22		in the impasse arbitration procedures set forth in Section
23		14 of this Act, except the right to strike shall not be
24		considered waived pursuant to Section 17 of this Act,
25		until the actual convening of the arbitration hearing.
26		(Source: P.A. 104-358, eff. 8-15-25.)

HB3595 Enrolled - 53 - LRB104 08153 BAB 18201 b
1		Section 10. The Voluntary Payroll Deductions Act of 1983
2		is amended by changing Section 3 as follows:
3		(5 ILCS 340/3)  (from Ch. 15, par. 503)
4		Sec. 3. Definitions. As used in this Act unless the
5		context otherwise requires:
6		(a) "Employee" means any regular officer or employee who
7		receives salary or wages for personal services rendered to the
8		State of Illinois, and includes an individual hired as an
9		employee by contract with that individual.
10		(b) "Qualified organization" means an organization
11		representing one or more benefiting agencies, which
12		organization is designated by the State Comptroller as
13		qualified to receive payroll deductions under this Act. An
14		organization desiring to be designated as a qualified
15		organization shall:
16		(1) Submit written or electronic designations on forms
17		approved by the State Comptroller by 500 or more employees
18		or State annuitants, in which such employees or State
19		annuitants indicate that the organization is one for which
20		the employee or State annuitant intends to authorize
21		withholding. The forms shall require the name, last 4
22		digits only of the social security number, and employing
23		State agency for each employee. Upon notification by the
24		Comptroller that such forms have been approved, the

HB3595 Enrolled - 54 - LRB104 08153 BAB 18201 b
1		organization shall, within 30 days, notify in writing the
2		Comptroller or his or her designee of its intention to
3		obtain the required number of designations. Such
4		organization shall have 12 months from that date to obtain
5		the necessary designations and return to the State
6		Comptroller's office the completed designations, which
7		shall be subject to verification procedures established by
8		the State Comptroller;
9		(2) Certify that all benefiting agencies are tax
10		exempt under Section 501(c)(3) of the Internal Revenue
11		Code;
12		(3) Certify that all benefiting agencies are in
13		compliance with the Illinois Human Rights Act;
14		(4) Certify that all benefiting agencies are in
15		compliance with the Charitable Trust Act and the
16		Solicitation for Charity Act;
17		(5) Certify that all benefiting agencies actively
18		conduct health or welfare programs and provide services to
19		individuals directed at one or more of the following
20		common human needs within a community: service, research,
21		and education in the health fields; early care and
22		education family and child care services; protective
23		services for children and adults; services for children
24		and adults in foster care; services related to the
25		management and maintenance of the home; day care services
26		for adults; transportation services; information, referral

HB3595 Enrolled - 55 - LRB104 08153 BAB 18201 b
1		and counseling services; services to eliminate illiteracy;
2		the preparation and delivery of meals; adoption services;
3		emergency shelter care and relief services; disaster
4		relief services; safety services; neighborhood and
5		community organization services; recreation services;
6		social adjustment and rehabilitation services; health
7		support services; or a combination of such services
8		designed to meet the special needs of specific groups,
9		such as children and youth, the ill and infirm, and
10		persons with physical disabilities; and that all such
11		benefiting agencies provide the above described services
12		to individuals and their families in the community and
13		surrounding area in which the organization conducts its
14		fund drive, or that such benefiting agencies provide
15		relief to victims of natural disasters and other
16		emergencies on a where and as needed basis;
17		(6) Certify that the organization has disclosed the
18		percentage of the organization's total collected receipts
19		from employees or State annuitants that are distributed to
20		the benefiting agencies and the percentage of the
21		organization's total collected receipts from employees or
22		State annuitants that are expended for fund-raising and
23		overhead costs. These percentages shall be the same
24		percentage figures annually disclosed by the organization
25		to the Attorney General. The disclosure shall be made to
26		all solicited employees and State annuitants and shall be

HB3595 Enrolled - 56 - LRB104 08153 BAB 18201 b
1		in the form of a factual statement on all petitions and in
2		the campaign's brochures for employees and State
3		annuitants;
4		(7) Certify that all benefiting agencies receiving
5		funds which the employee or State annuitant has requested
6		or designated for distribution to a particular community
7		and surrounding area use a majority of such funds
8		distributed for services in the actual provision of
9		services in that community and surrounding area;
10		(8) Certify that neither it nor its member
11		organizations will solicit State employees for
12		contributions at their workplace, except pursuant to this
13		Act and the rules promulgated thereunder. Each qualified
14		organization, and each participating United Fund, is
15		encouraged to cooperate with all others and with all State
16		agencies and educational institutions so as to simplify
17		procedures, to resolve differences and to minimize costs;
18		(9) Certify that it will pay its share of the campaign
19		costs and will comply with the Code of Campaign Conduct as
20		approved by the Comptroller or other agency as designated
21		by the Comptroller; and
22		(10) Certify that it maintains a year-round office,
23		the telephone number, and person responsible for the
24		operations of the organization in Illinois. That
25		information shall be provided to the State Comptroller at
26		the time the organization is seeking participation under

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1		this Act.
2		Each qualified organization shall submit to the State
3		Comptroller between January 1 and March 1 of each year, a
4		statement that the organization is in compliance with all of
5		the requirements set forth in paragraphs (2) through (10). The
6		State Comptroller shall exclude any organization that fails to
7		submit the statement from the next solicitation period.
8		In order to be designated as a qualified organization, the
9		organization shall have existed at least 2 years prior to
10		submitting the written or electronic designation forms
11		required in paragraph (1) and shall certify to the State
12		Comptroller that such organization has been providing services
13		described in paragraph (5) in Illinois. If the organization
14		seeking designation represents more than one benefiting
15		agency, it need not have existed for 2 years but shall certify
16		to the State Comptroller that each of its benefiting agencies
17		has existed for at least 2 years prior to submitting the
18		written or electronic designation forms required in paragraph
19		(1) and that each has been providing services described in
20		paragraph (5) in Illinois.
21		Organizations which have met the requirements of this Act
22		shall be permitted to participate in the State and
23		Universities Combined Appeal as of January 1st of the year
24		immediately following their approval by the Comptroller.
25		Where the certifications described in paragraphs (2), (3),
26		(4), (5), (6), (7), (8), (9), and (10) above are made by an

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1		organization representing more than one benefiting agency they
2		shall be based upon the knowledge and belief of such qualified
3		organization. Any qualified organization shall immediately
4		notify the State Comptroller in writing if the qualified
5		organization receives information or otherwise believes that a
6		benefiting agency is no longer in compliance with the
7		certification of the qualified organization. A qualified
8		organization representing more than one benefiting agency
9		shall thereafter withhold and refrain from distributing to
10		such benefiting agency those funds received pursuant to this
11		Act until the benefiting agency is again in compliance with
12		the qualified organization's certification. The qualified
13		organization shall immediately notify the State Comptroller of
14		the benefiting agency's resumed compliance with the
15		certification, based upon the qualified organization's
16		knowledge and belief, and shall pay over to the benefiting
17		agency those funds previously withheld.
18		In order to qualify, a qualified organization must receive
19		250 deduction pledges from the immediately preceding
20		solicitation period as set forth in Section 6. The Comptroller
21		shall, by February 1st of each year, so notify any qualified
22		organization that failed to receive the minimum deduction
23		requirement. The notification shall give such qualified
24		organization until March 1st to provide the Comptroller with
25		documentation that the minimum deduction requirement has been
26		met. On the basis of all the documentation, the Comptroller

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1		shall, by March 15th of each year, make publicly available a
2		list of all organizations which have met the minimum payroll
3		deduction requirement. Only those organizations which have met
4		such requirements, as well as the other requirements of this
5		Section, shall be permitted to solicit State employees or
6		State annuitants for voluntary contributions, and the
7		Comptroller shall discontinue withholding for any such
8		organization which fails to meet these requirements, except
9		qualified organizations that received deduction pledges during
10		the 2004 solicitation period are deemed to be qualified for
11		the 2005 solicitation period.
12		(c) "United Fund" means the organization conducting the
13		single, annual, consolidated effort to secure funds for
14		distribution to agencies engaged in charitable and public
15		health, welfare and services purposes, which is commonly known
16		as the United Fund, or the organization which serves in place
17		of the United Fund organization in communities where an
18		organization known as the United Fund is not organized.
19		In order for a United Fund to participate in the State and
20		Universities Employees Combined Appeal, it shall comply with
21		the provisions of paragraph (9) of subsection (b).
22		(d) "State and Universities Employees Combined Appeal",
23		otherwise known as "SECA", means the State-directed joint
24		effort of all of the qualified organizations, together with
25		the United Funds, for the solicitation of voluntary
26		contributions from State and University employees and State

HB3595 Enrolled - 60 - LRB104 08153 BAB 18201 b
1		annuitants.
2		(e) "Retirement system" means any or all of the following:
3		the General Assembly Retirement System, the State Employees'
4		Retirement System of Illinois, the State Universities
5		Retirement System, the Teachers' Retirement System of the
6		State of Illinois, and the Judges Retirement System.
7		(f) "State annuitant" means a person receiving an annuity
8		or disability benefit under Article 2, 14, 15, 16, or 18 of the
9		Illinois Pension Code.
10		(Source: P.A. 102-291, eff. 8-6-21.)
11		Section 15. The Children and Family Services Act is
12		amended by changing Sections 5, 5a, 5.15, 21, 22.1, and 22.4 as
13		follows:
14		(20 ILCS 505/5)
15		(Text of Section before amendment by P.A. 104-107)
16		Sec. 5. Direct child welfare services; Department of
17		Children and Family Services. To provide direct child welfare
18		services when not available through other public or private
19		child care or program facilities.
20		(a) For purposes of this Section:
21		(1) "Children" means persons found within the State
22		who are under the age of 18 years. The term also includes
23		persons under age 21 who:
24		(A) were committed to the Department pursuant to

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1		the Juvenile Court Act or the Juvenile Court Act of
2		1987 and who continue under the jurisdiction of the
3		court; or
4		(B) were accepted for care, service and training
5		by the Department prior to the age of 18 and whose best
6		interest in the discretion of the Department would be
7		served by continuing that care, service and training
8		because of severe emotional disturbances, physical
9		disability, social adjustment or any combination
10		thereof, or because of the need to complete an
11		educational or vocational training program.
12		(2) "Homeless youth" means persons found within the
13		State who are under the age of 19, are not in a safe and
14		stable living situation and cannot be reunited with their
15		families.
16		(3) "Child welfare services" means public social
17		services which are directed toward the accomplishment of
18		the following purposes:
19		(A) protecting and promoting the health, safety
20		and welfare of children, including homeless,
21		dependent, or neglected children;
22		(B) remedying, or assisting in the solution of
23		problems which may result in, the neglect, abuse,
24		exploitation, or delinquency of children;
25		(C) preventing the unnecessary separation of
26		children from their families by identifying family

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1		problems, assisting families in resolving their
2		problems, and preventing the breakup of the family
3		where the prevention of child removal is desirable and
4		possible when the child can be cared for at home
5		without endangering the child's health and safety;
6		(D) restoring to their families children who have
7		been removed, by the provision of services to the
8		child and the families when the child can be cared for
9		at home without endangering the child's health and
10		safety;
11		(E) placing children in suitable permanent family
12		arrangements, through guardianship or adoption, in
13		cases where restoration to the birth family is not
14		safe, possible, or appropriate;
15		(F) at the time of placement, conducting
16		concurrent planning, as described in subsection (l-1)
17		of this Section, so that permanency may occur at the
18		earliest opportunity. Consideration should be given so
19		that if reunification fails or is delayed, the
20		placement made is the best available placement to
21		provide permanency for the child;
22		(G) (blank);
23		(H) (blank); and
24		(I) placing and maintaining children in facilities
25		that provide separate living quarters for children
26		under the age of 18 and for children 18 years of age

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1		and older, unless a child 18 years of age is in the
2		last year of high school education or vocational
3		training, in an approved individual or group treatment
4		program, in a licensed shelter facility, or secure
5		child care facility. The Department is not required to
6		place or maintain children:
7		(i) who are in a foster home, or
8		(ii) who are persons with a developmental
9		disability, as defined in the Mental Health and
10		Developmental Disabilities Code, or
11		(iii) who are female children who are
12		pregnant, pregnant and parenting, or parenting, or
13		(iv) who are siblings, in facilities that
14		provide separate living quarters for children 18
15		years of age and older and for children under 18
16		years of age.
17		(b) (Blank).
18		(b-5) The Department shall adopt rules to establish a
19		process for all licensed residential providers in Illinois to
20		submit data as required by the Department if they contract or
21		receive reimbursement for children's mental health, substance
22		use, and developmental disability services from the Department
23		of Human Services, the Department of Juvenile Justice, or the
24		Department of Healthcare and Family Services. The requested
25		data must include, but is not limited to, capacity, staffing,
26		and occupancy data for the purpose of establishing State need

HB3595 Enrolled - 64 - LRB104 08153 BAB 18201 b
1		and placement availability.
2		All information collected, shared, or stored pursuant to
3		this subsection shall be handled in accordance with all State
4		and federal privacy laws and accompanying regulations and
5		rules, including without limitation the federal Health
6		Insurance Portability and Accountability Act of 1996 (Public
7		Law 104-191) and the Mental Health and Developmental
8		Disabilities Confidentiality Act.
9		(c) The Department shall establish and maintain
10		tax-supported child welfare services and extend and seek to
11		improve voluntary services throughout the State, to the end
12		that services and care shall be available on an equal basis
13		throughout the State to children requiring such services.
14		(d) The Director may authorize advance disbursements for
15		any new program initiative to any agency contracting with the
16		Department. As a prerequisite for an advance disbursement, the
17		contractor must post a surety bond in the amount of the advance
18		disbursement and have a purchase of service contract approved
19		by the Department. The Department may pay up to 2 months
20		operational expenses in advance. The amount of the advance
21		disbursement shall be prorated over the life of the contract
22		or the remaining months of the fiscal year, whichever is less,
23		and the installment amount shall then be deducted from future
24		bills. Advance disbursement authorizations for new initiatives
25		shall not be made to any agency after that agency has operated
26		during 2 consecutive fiscal years. The requirements of this

HB3595 Enrolled - 65 - LRB104 08153 BAB 18201 b
1		Section concerning advance disbursements shall not apply with
2		respect to the following: payments to local public agencies
3		for child day care services as authorized by Section 5a of this
4		Act; and youth service programs receiving grant funds under
5		Section 17a-4.
6		(e) (Blank).
7		(f) (Blank).
8		(g) The Department shall establish rules and regulations
9		concerning its operation of programs designed to meet the
10		goals of child safety and protection, family preservation, and
11		permanency, including, but not limited to:
12		(1) reunification, guardianship, and adoption;
13		(2) relative and licensed foster care;
14		(3) family counseling;
15		(4) protective services;
16		(5) (blank);
17		(6) homemaker service;
18		(7) return of runaway children;
19		(8) (blank);
20		(9) placement under Section 5-7 of the Juvenile Court
21		Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
22		Court Act of 1987 in accordance with the federal Adoption
23		Assistance and Child Welfare Act of 1980; and
24		(10) interstate services.
25		Rules and regulations established by the Department shall
26		include provisions for training Department staff and the staff

HB3595 Enrolled - 66 - LRB104 08153 BAB 18201 b
1		of Department grantees, through contracts with other agencies
2		or resources, in screening techniques to identify substance
3		use disorders, as defined in the Substance Use Disorder Act,
4		approved by the Department of Human Services, as a successor
5		to the Department of Alcoholism and Substance Abuse, for the
6		purpose of identifying children and adults who should be
7		referred for an assessment at an organization appropriately
8		licensed by the Department of Human Services for substance use
9		disorder treatment.
10		(h) If the Department finds that there is no appropriate
11		program or facility within or available to the Department for
12		a youth in care and that no licensed private facility has an
13		adequate and appropriate program or none agrees to accept the
14		youth in care, the Department shall create an appropriate
15		individualized, program-oriented plan for such youth in care.
16		The plan may be developed within the Department or through
17		purchase of services by the Department to the extent that it is
18		within its statutory authority to do.
19		(i) Service programs shall be available throughout the
20		State and shall include but not be limited to the following
21		services:
22		(1) case management;
23		(2) homemakers;
24		(3) counseling;
25		(4) parent education;
26		(5) day care;

HB3595 Enrolled - 67 - LRB104 08153 BAB 18201 b
1		(6) emergency assistance and advocacy; and
2		(7) kinship navigator and relative caregiver supports.
3		In addition, the following services may be made available
4		to assess and meet the needs of children and families:
5		(1) comprehensive family-based services;
6		(2) assessments;
7		(3) respite care; and
8		(4) in-home health services.
9		The Department shall provide transportation for any of the
10		services it makes available to children or families or for
11		which it refers children or families.
12		(j) The Department may provide categories of financial
13		assistance and education assistance grants, and shall
14		establish rules and regulations concerning the assistance and
15		grants, to persons who adopt or become subsidized guardians of
16		children with physical or mental disabilities, children who
17		are older, or other hard-to-place children who (i) immediately
18		prior to their adoption or subsidized guardianship were youth
19		in care or (ii) were determined eligible for financial
20		assistance with respect to a prior adoption and who become
21		available for adoption because the prior adoption has been
22		dissolved and the parental rights of the adoptive parents have
23		been terminated or because the child's adoptive parents have
24		died. The Department may continue to provide financial
25		assistance and education assistance grants for a child who was
26		determined eligible for financial assistance under this

HB3595 Enrolled - 68 - LRB104 08153 BAB 18201 b
1		subsection (j) in the interim period beginning when the
2		child's adoptive parents died and ending with the finalization
3		of the new adoption of the child by another adoptive parent or
4		parents. The Department may also provide categories of
5		financial assistance and education assistance grants, and
6		shall establish rules and regulations for the assistance and
7		grants, to persons appointed guardian of the person under
8		Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
9		4-25, or 5-740 of the Juvenile Court Act of 1987 for children
10		who were youth in care for 12 months immediately prior to the
11		appointment of the guardian.
12		The amount of assistance may vary, depending upon the
13		needs of the child and the adoptive parents or subsidized
14		guardians, as set forth in the annual assistance agreement.
15		Special purpose grants are allowed where the child requires
16		special service but such costs may not exceed the amounts
17		which similar services would cost the Department if it were to
18		provide or secure them as guardian of the child.
19		Any financial assistance provided under this subsection is
20		inalienable by assignment, sale, execution, attachment,
21		garnishment, or any other remedy for recovery or collection of
22		a judgment or debt.
23		(j-5) The Department shall not deny or delay the placement
24		of a child for adoption if an approved family is available
25		either outside of the Department region handling the case, or
26		outside of the State of Illinois.

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1		(k) The Department shall accept for care and training any
2		child who has been adjudicated neglected or abused, or
3		dependent committed to it pursuant to the Juvenile Court Act
4		or the Juvenile Court Act of 1987.
5		(l) The Department shall offer family preservation
6		services, as defined in Section 8.2 of the Abused and
7		Neglected Child Reporting Act, to help families, including
8		adoptive and extended families. Family preservation services
9		shall be offered (i) to prevent the placement of children in
10		substitute care when the children can be cared for at home or
11		in the custody of the person responsible for the children's
12		welfare, (ii) to reunite children with their families, or
13		(iii) to maintain an adoption or subsidized guardianship.
14		Family preservation services shall only be offered when doing
15		so will not endanger the children's health or safety. With
16		respect to children who are in substitute care pursuant to the
17		Juvenile Court Act of 1987, family preservation services shall
18		not be offered if a goal other than those of subdivisions (A),
19		(B), or (B-1) of subsection (2.3) of Section 2-28 of that Act
20		has been set, except that reunification services may be
21		offered as provided in paragraph (F) of subsection (2.3) of
22		Section 2-28 of that Act. Nothing in this paragraph shall be
23		construed to create a private right of action or claim on the
24		part of any individual or child welfare agency, except that
25		when a child is the subject of an action under Article II of
26		the Juvenile Court Act of 1987 and the child's service plan

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1		calls for services to facilitate achievement of the permanency
2		goal, the court hearing the action under Article II of the
3		Juvenile Court Act of 1987 may order the Department to provide
4		the services set out in the plan, if those services are not
5		provided with reasonable promptness and if those services are
6		available.
7		The Department shall notify the child and the child's
8		family of the Department's responsibility to offer and provide
9		family preservation services as identified in the service
10		plan. The child and the child's family shall be eligible for
11		services as soon as the report is determined to be
12		"indicated". The Department may offer services to any child or
13		family with respect to whom a report of suspected child abuse
14		or neglect has been filed, prior to concluding its
15		investigation under Section 7.12 of the Abused and Neglected
16		Child Reporting Act. However, the child's or family's
17		willingness to accept services shall not be considered in the
18		investigation. The Department may also provide services to any
19		child or family who is the subject of any report of suspected
20		child abuse or neglect or may refer such child or family to
21		services available from other agencies in the community, even
22		if the report is determined to be unfounded, if the conditions
23		in the child's or family's home are reasonably likely to
24		subject the child or family to future reports of suspected
25		child abuse or neglect. Acceptance of such services shall be
26		voluntary. The Department may also provide services to any

HB3595 Enrolled - 71 - LRB104 08153 BAB 18201 b
1		child or family after completion of a family assessment, as an
2		alternative to an investigation, as provided under the
3		"differential response program" provided for in subsection
4		(a-5) of Section 7.4 of the Abused and Neglected Child
5		Reporting Act.
6		The Department may, at its discretion except for those
7		children also adjudicated neglected or dependent, accept for
8		care and training any child who has been adjudicated addicted,
9		as a truant minor in need of supervision or as a minor
10		requiring authoritative intervention, under the Juvenile Court
11		Act or the Juvenile Court Act of 1987, but no such child shall
12		be committed to the Department by any court without the
13		approval of the Department. On and after January 1, 2015 (the
14		effective date of Public Act 98-803) and before January 1,
15		2017, a minor charged with a criminal offense under the
16		Criminal Code of 1961 or the Criminal Code of 2012 or
17		adjudicated delinquent shall not be placed in the custody of
18		or committed to the Department by any court, except (i) a minor
19		less than 16 years of age committed to the Department under
20		Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
21		for whom an independent basis of abuse, neglect, or dependency
22		exists, which must be defined by departmental rule, or (iii) a
23		minor for whom the court has granted a supplemental petition
24		to reinstate wardship pursuant to subsection (2) of Section
25		2-33 of the Juvenile Court Act of 1987. On and after January 1,
26		2017, a minor charged with a criminal offense under the

HB3595 Enrolled - 72 - LRB104 08153 BAB 18201 b
1		Criminal Code of 1961 or the Criminal Code of 2012 or
2		adjudicated delinquent shall not be placed in the custody of
3		or committed to the Department by any court, except (i) a minor
4		less than 15 years of age committed to the Department under
5		Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
6		for whom an independent basis of abuse, neglect, or dependency
7		exists, which must be defined by departmental rule, or (iii) a
8		minor for whom the court has granted a supplemental petition
9		to reinstate wardship pursuant to subsection (2) of Section
10		2-33 of the Juvenile Court Act of 1987. An independent basis
11		exists when the allegations or adjudication of abuse, neglect,
12		or dependency do not arise from the same facts, incident, or
13		circumstances which give rise to a charge or adjudication of
14		delinquency. The Department shall assign a caseworker to
15		attend any hearing involving a youth in the care and custody of
16		the Department who is placed on aftercare release, including
17		hearings involving sanctions for violation of aftercare
18		release conditions and aftercare release revocation hearings.
19		As soon as is possible, the Department shall develop and
20		implement a special program of family preservation services to
21		support intact, relative, foster, and adoptive families who
22		are experiencing extreme hardships due to the difficulty and
23		stress of caring for a child who has been diagnosed with a
24		pervasive developmental disorder if the Department determines
25		that those services are necessary to ensure the health and
26		safety of the child. The Department may offer services to any

HB3595 Enrolled - 73 - LRB104 08153 BAB 18201 b
1		family whether or not a report has been filed under the Abused
2		and Neglected Child Reporting Act. The Department may refer
3		the child or family to services available from other agencies
4		in the community if the conditions in the child's or family's
5		home are reasonably likely to subject the child or family to
6		future reports of suspected child abuse or neglect. Acceptance
7		of these services shall be voluntary. The Department shall
8		develop and implement a public information campaign to alert
9		health and social service providers and the general public
10		about these special family preservation services. The nature
11		and scope of the services offered and the number of families
12		served under the special program implemented under this
13		paragraph shall be determined by the level of funding that the
14		Department annually allocates for this purpose. The term
15		"pervasive developmental disorder" under this paragraph means
16		a neurological condition, including, but not limited to,
17		Asperger's Syndrome and autism, as defined in the most recent
18		edition of the Diagnostic and Statistical Manual of Mental
19		Disorders of the American Psychiatric Association.
20		(l-1) The General Assembly recognizes that the best
21		interests of the child require that the child be placed in the
22		most permanent living arrangement that is an appropriate
23		option for the child, consistent with the child's best
24		interest, using the factors set forth in subsection (4.05) of
25		Section 1-3 of the Juvenile Court Act of 1987 as soon as is
26		practically possible. To achieve this goal, the General

HB3595 Enrolled - 74 - LRB104 08153 BAB 18201 b
1		Assembly directs the Department of Children and Family
2		Services to conduct concurrent planning so that permanency may
3		occur at the earliest opportunity. Permanent living
4		arrangements may include prevention of placement of a child
5		outside the home of the family when the child can be cared for
6		at home without endangering the child's health or safety;
7		reunification with the family, when safe and appropriate, if
8		temporary placement is necessary; or movement of the child
9		toward the most appropriate living arrangement and legal
10		status.
11		When determining reasonable efforts to be made with
12		respect to a child, as described in this subsection, and in
13		making such reasonable efforts, the child's health and safety
14		shall be the paramount concern.
15		When a child is placed in foster care, the Department
16		shall ensure and document that reasonable efforts were made to
17		prevent or eliminate the need to remove the child from the
18		child's home. The Department must make reasonable efforts to
19		reunify the family when temporary placement of the child
20		occurs unless otherwise required, pursuant to the Juvenile
21		Court Act of 1987. At any time after the dispositional hearing
22		where the Department believes that further reunification
23		services would be ineffective, it may request a finding from
24		the court that reasonable efforts are no longer appropriate.
25		The Department is not required to provide further
26		reunification services after such a finding.

HB3595 Enrolled - 75 - LRB104 08153 BAB 18201 b
1		A decision to place a child in substitute care shall be
2		made with considerations of the child's health, safety, and
3		best interests. The Department shall make diligent efforts to
4		place the child with a relative, document those diligent
5		efforts, and document reasons for any failure or inability to
6		secure such a relative placement. If the primary issue
7		preventing an emergency placement of a child with a relative
8		is a lack of resources, including, but not limited to,
9		concrete goods, safety modifications, and services, the
10		Department shall make diligent efforts to assist the relative
11		in obtaining the necessary resources. No later than July 1,
12		2025, the Department shall adopt rules defining what is
13		diligent and necessary in providing supports to potential
14		relative placements. At the time of placement, consideration
15		should also be given so that if reunification fails or is
16		delayed, the placement has the potential to be an appropriate
17		permanent placement for the child.
18		The Department shall adopt rules addressing concurrent
19		planning for reunification and permanency. The Department
20		shall consider the following factors when determining
21		appropriateness of concurrent planning:
22		(1) the likelihood of prompt reunification;
23		(2) the past history of the family;
24		(3) the barriers to reunification being addressed by
25		the family;
26		(4) the level of cooperation of the family;

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1		(4.5) the child's wishes;
2		(5) the caregivers' willingness to work with the
3		family to reunite;
4		(6) the willingness and ability of the caregivers' to
5		provide a permanent placement;
6		(7) the age of the child;
7		(8) placement of siblings; and
8		(9) the wishes of the parent or parents unless the
9		parental preferences are contrary to the best interests of
10		the child.
11		(m) The Department may assume temporary custody of any
12		child if:
13		(1) it has received a written consent to such
14		temporary custody signed by the parents of the child or by
15		the parent having custody of the child if the parents are
16		not living together or by the guardian or custodian of the
17		child if the child is not in the custody of either parent,
18		or
19		(2) the child is found in the State and neither a
20		parent, guardian nor custodian of the child can be
21		located.
22		If the child is found in the child's residence without a
23		parent, guardian, custodian, or responsible caretaker, the
24		Department may, instead of removing the child and assuming
25		temporary custody, place an authorized representative of the
26		Department in that residence until such time as a parent,

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1		guardian, or custodian enters the home and expresses a
2		willingness and apparent ability to ensure the child's health
3		and safety and resume permanent charge of the child, or until a
4		relative enters the home and is willing and able to ensure the
5		child's health and safety and assume charge of the child until
6		a parent, guardian, or custodian enters the home and expresses
7		such willingness and ability to ensure the child's safety and
8		resume permanent charge. After a caretaker has remained in the
9		home for a period not to exceed 12 hours, the Department must
10		follow those procedures outlined in Section 2-9, 3-11, 4-8, or
11		5-415 of the Juvenile Court Act of 1987.
12		The Department shall have the authority, responsibilities
13		and duties that a legal custodian of the child would have
14		pursuant to subsection (9) of Section 1-3 of the Juvenile
15		Court Act of 1987. Whenever a child is taken into temporary
16		custody pursuant to an investigation under the Abused and
17		Neglected Child Reporting Act, or pursuant to a referral and
18		acceptance under the Juvenile Court Act of 1987 of a minor in
19		limited custody, the Department, during the period of
20		temporary custody and before the child is brought before a
21		judicial officer as required by Section 2-9, 3-11, 4-8, or
22		5-415 of the Juvenile Court Act of 1987, shall have the
23		authority, responsibilities and duties that a legal custodian
24		of the child would have under subsection (9) of Section 1-3 of
25		the Juvenile Court Act of 1987.
26		The Department shall ensure that any child taken into

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1		custody is scheduled for an appointment for a medical
2		examination.
3		A parent, guardian, or custodian of a child in the
4		temporary custody of the Department who would have custody of
5		the child if the child were not in the temporary custody of the
6		Department may deliver to the Department a signed request that
7		the Department surrender the temporary custody of the child.
8		The Department may retain temporary custody of the child for
9		10 days after the receipt of the request, during which period
10		the Department may cause to be filed a petition pursuant to the
11		Juvenile Court Act of 1987. If a petition is so filed, the
12		Department shall retain temporary custody of the child until
13		the court orders otherwise. If a petition is not filed within
14		the 10-day period, the child shall be surrendered to the
15		custody of the requesting parent, guardian, or custodian not
16		later than the expiration of the 10-day period, at which time
17		the authority and duties of the Department with respect to the
18		temporary custody of the child shall terminate.
19		(m-1) The Department may place children under 18 years of
20		age in a secure child care facility licensed by the Department
21		that cares for children who are in need of secure living
22		arrangements for their health, safety, and well-being after a
23		determination is made by the facility director and the
24		Director or the Director's designate prior to admission to the
25		facility subject to Section 2-27.1 of the Juvenile Court Act
26		of 1987. This subsection (m-1) does not apply to a child who is

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1		subject to placement in a correctional facility operated
2		pursuant to Section 3-15-2 of the Unified Code of Corrections,
3		unless the child is a youth in care who was placed in the care
4		of the Department before being subject to placement in a
5		correctional facility and a court of competent jurisdiction
6		has ordered placement of the child in a secure care facility.
7		(n) The Department may place children under 18 years of
8		age in licensed child care facilities when in the opinion of
9		the Department, appropriate services aimed at family
10		preservation have been unsuccessful and cannot ensure the
11		child's health and safety or are unavailable and such
12		placement would be for their best interest. Payment for board,
13		clothing, care, training and supervision of any child placed
14		in a licensed child care facility may be made by the
15		Department, by the parents or guardians of the estates of
16		those children, or by both the Department and the parents or
17		guardians, except that no payments shall be made by the
18		Department for any child placed in a licensed child care
19		facility for board, clothing, care, training, and supervision
20		of such a child that exceed the average per capita cost of
21		maintaining and of caring for a child in institutions for
22		dependent or neglected children operated by the Department.
23		However, such restriction on payments does not apply in cases
24		where children require specialized care and treatment for
25		problems of severe emotional disturbance, physical disability,
26		social adjustment, or any combination thereof and suitable

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1		facilities for the placement of such children are not
2		available at payment rates within the limitations set forth in
3		this Section. All reimbursements for services delivered shall
4		be absolutely inalienable by assignment, sale, attachment, or
5		garnishment or otherwise.
6		(n-1) The Department shall provide or authorize child
7		welfare services, aimed at assisting minors to achieve
8		sustainable self-sufficiency as independent adults, for any
9		minor eligible for the reinstatement of wardship pursuant to
10		subsection (2) of Section 2-33 of the Juvenile Court Act of
11		1987, whether or not such reinstatement is sought or allowed,
12		provided that the minor consents to such services and has not
13		yet attained the age of 21. The Department shall have
14		responsibility for the development and delivery of services
15		under this Section. An eligible youth may access services
16		under this Section through the Department of Children and
17		Family Services or by referral from the Department of Human
18		Services. Youth participating in services under this Section
19		shall cooperate with the assigned case manager in developing
20		an agreement identifying the services to be provided and how
21		the youth will increase skills to achieve self-sufficiency. A
22		homeless shelter is not considered appropriate housing for any
23		youth receiving child welfare services under this Section. The
24		Department shall continue child welfare services under this
25		Section to any eligible minor until the minor becomes 21 years
26		of age, no longer consents to participate, or achieves

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1		self-sufficiency as identified in the minor's service plan.
2		The Department of Children and Family Services shall create
3		clear, readable notice of the rights of former foster youth to
4		child welfare services under this Section and how such
5		services may be obtained. The Department of Children and
6		Family Services and the Department of Human Services shall
7		disseminate this information statewide. The Department shall
8		adopt regulations describing services intended to assist
9		minors in achieving sustainable self-sufficiency as
10		independent adults.
11		(o) The Department shall establish an administrative
12		review and appeal process for children and families who
13		request or receive child welfare services from the Department.
14		Youth in care who are placed by private child welfare
15		agencies, and caregivers with whom those youth are placed,
16		shall be afforded the same procedural and appeal rights as
17		children and families in the case of placement by the
18		Department, including the right to an initial review of a
19		private agency decision by that agency. The Department shall
20		ensure that any private child welfare agency, which accepts
21		youth in care for placement, affords those rights to children
22		and caregivers with whom those children are placed. The
23		Department shall accept for administrative review and an
24		appeal hearing a complaint made by (i) a child or caregiver
25		with whom the child is placed concerning a decision following
26		an initial review by a private child welfare agency or (ii) a

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1		prospective adoptive parent who alleges a violation of
2		subsection (j-5) of this Section. An appeal of a decision
3		concerning a change in the placement of a child shall be
4		conducted in an expedited manner. A court determination that a
5		current placement is necessary and appropriate under Section
6		2-28 of the Juvenile Court Act of 1987 does not constitute a
7		judicial determination on the merits of an administrative
8		appeal, filed by a former caregiver, involving a change of
9		placement decision. No later than July 1, 2025, the Department
10		shall adopt rules to develop a reconsideration process to
11		review: a denial of certification of a relative, a denial of
12		placement with a relative, and a denial of visitation with an
13		identified relative. Rules shall include standards and
14		criteria for reconsideration that incorporate the best
15		interests of the child under subsection (4.05) of Section 1-3
16		of the Juvenile Court Act of 1987, address situations where
17		multiple relatives seek certification, and provide that all
18		rules regarding placement changes shall be followed. The rules
19		shall outline the essential elements of each form used in the
20		implementation and enforcement of the provisions of this
21		amendatory Act of the 103rd General Assembly.
22		(p) (Blank).
23		(q) The Department may receive and use, in their entirety,
24		for the benefit of children any gift, donation, or bequest of
25		money or other property which is received on behalf of such
26		children, or any financial benefits to which such children are

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1		or may become entitled while under the jurisdiction or care of
2		the Department, except that the benefits described in Section
3		5.46 must be used and conserved consistent with the provisions
4		under Section 5.46.
5		The Department shall set up and administer no-cost,
6		interest-bearing accounts in appropriate financial
7		institutions for children for whom the Department is legally
8		responsible and who have been determined eligible for
9		Veterans' Benefits, Social Security benefits, assistance
10		allotments from the armed forces, court ordered payments,
11		parental voluntary payments, Supplemental Security Income,
12		Railroad Retirement payments, Black Lung benefits, or other
13		miscellaneous payments. Interest earned by each account shall
14		be credited to the account, unless disbursed in accordance
15		with this subsection.
16		In disbursing funds from children's accounts, the
17		Department shall:
18		(1) Establish standards in accordance with State and
19		federal laws for disbursing money from children's
20		accounts. In all circumstances, the Department's
21		Guardianship Administrator or the Guardianship
22		Administrator's designee must approve disbursements from
23		children's accounts. The Department shall be responsible
24		for keeping complete records of all disbursements for each
25		account for any purpose.
26		(2) Calculate on a monthly basis the amounts paid from

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1		State funds for the child's board and care, medical care
2		not covered under Medicaid, and social services; and
3		utilize funds from the child's account, as covered by
4		regulation, to reimburse those costs. Monthly,
5		disbursements from all children's accounts, up to 1/12 of
6		$13,000,000, shall be deposited by the Department into the
7		General Revenue Fund and the balance over 1/12 of
8		$13,000,000 into the DCFS Children's Services Fund.
9		(3) Maintain any balance remaining after reimbursing
10		for the child's costs of care, as specified in item (2).
11		The balance shall accumulate in accordance with relevant
12		State and federal laws and shall be disbursed to the child
13		or the child's guardian or to the issuing agency.
14		(r) The Department shall promulgate regulations
15		encouraging all adoption agencies to voluntarily forward to
16		the Department or its agent names and addresses of all persons
17		who have applied for and have been approved for adoption of a
18		hard-to-place child or child with a disability and the names
19		of such children who have not been placed for adoption. A list
20		of such names and addresses shall be maintained by the
21		Department or its agent, and coded lists which maintain the
22		confidentiality of the person seeking to adopt the child and
23		of the child shall be made available, without charge, to every
24		adoption agency in the State to assist the agencies in placing
25		such children for adoption. The Department may delegate to an
26		agent its duty to maintain and make available such lists. The

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1		Department shall ensure that such agent maintains the
2		confidentiality of the person seeking to adopt the child and
3		of the child.
4		(s) The Department of Children and Family Services may
5		establish and implement a program to reimburse caregivers
6		licensed, certified, or otherwise approved by the Department
7		of Children and Family Services for damages sustained by the
8		caregivers as a result of the malicious or negligent acts of
9		children placed by the Department, as well as providing third
10		party coverage for such caregivers with regard to actions of
11		children placed by the Department to other individuals. Such
12		coverage will be secondary to the caregiver's liability
13		insurance policy, if applicable. The program shall be funded
14		through appropriations from the General Revenue Fund,
15		specifically designated for such purposes.
16		(t) The Department shall perform home studies and
17		investigations and shall exercise supervision over visitation
18		as ordered by a court pursuant to the Illinois Marriage and
19		Dissolution of Marriage Act or the Adoption Act only if:
20		(1) an order entered by an Illinois court specifically
21		directs the Department to perform such services; and
22		(2) the court has ordered one or both of the parties to
23		the proceeding to reimburse the Department for its
24		reasonable costs for providing such services in accordance
25		with Department rules, or has determined that neither
26		party is financially able to pay.

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1		The Department shall provide written notification to the
2		court of the specific arrangements for supervised visitation
3		and projected monthly costs within 60 days of the court order.
4		The Department shall send to the court information related to
5		the costs incurred except in cases where the court has
6		determined the parties are financially unable to pay. The
7		court may order additional periodic reports as appropriate.
8		(u) In addition to other information that must be
9		provided, whenever the Department places a child with a
10		prospective adoptive parent or parents, in a licensed foster
11		home, group home, or child care institution, in a relative
12		home, or in a certified relative caregiver home, the
13		Department shall provide to the caregiver, appropriate
14		facility staff, or prospective adoptive parent or parents:
15		(1) available detailed information concerning the
16		child's educational and health history, copies of
17		immunization records (including insurance and medical card
18		information), a history of the child's previous
19		placements, if any, and reasons for placement changes
20		excluding any information that identifies or reveals the
21		location of any previous caregiver or adoptive parents;
22		(2) a copy of the child's portion of the client
23		service plan, including any visitation arrangement, and
24		all amendments or revisions to it as related to the child;
25		and
26		(3) information containing details of the child's

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1		individualized educational plan when the child is
2		receiving special education services.
3		The caregiver, appropriate facility staff, or prospective
4		adoptive parent or parents, shall be informed of any known
5		social or behavioral information (including, but not limited
6		to, criminal background, fire setting, perpetuation of sexual
7		abuse, destructive behavior, and substance abuse) necessary to
8		care for and safeguard the children to be placed or currently
9		in the home or setting. The Department may prepare a written
10		summary of the information required by this paragraph, which
11		may be provided to the caregiver, appropriate facility staff,
12		or prospective adoptive parent in advance of a placement. The
13		caregiver, appropriate facility staff, or prospective adoptive
14		parent may review the supporting documents in the child's file
15		in the presence of casework staff. In the case of an emergency
16		placement, casework staff shall at least provide known
17		information verbally, if necessary, and must subsequently
18		provide the information in writing as required by this
19		subsection.
20		The information described in this subsection shall be
21		provided in writing. In the case of emergency placements when
22		time does not allow prior review, preparation, and collection
23		of written information, the Department shall provide such
24		information as it becomes available. Within 10 business days
25		after placement, the Department shall obtain from the
26		caregiver, appropriate facility staff, or prospective adoptive

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1		parent or parents a signed verification of receipt of the
2		information provided. Within 10 business days after placement,
3		the Department shall provide to the child's guardian ad litem
4		a copy of the information provided to the caregiver,
5		appropriate facility staff, or prospective adoptive parent or
6		parents. The information provided to the caregiver,
7		appropriate facility staff, or prospective adoptive parent or
8		parents shall be reviewed and approved regarding accuracy at
9		the supervisory level.
10		(u-5) Beginning July 1, 2025, certified relative caregiver
11		homes under Section 3.4 of the Child Care Act of 1969 shall be
12		eligible to receive foster care maintenance payments from the
13		Department in an amount no less than payments made to licensed
14		foster family homes. Beginning July 1, 2025, relative homes
15		providing care to a child placed by the Department that are not
16		a certified relative caregiver home under Section 3.4 of the
17		Child Care Act of 1969 or a licensed foster family home shall
18		be eligible to receive payments from the Department in an
19		amount no less 90% of the payments made to licensed foster
20		family homes and certified relative caregiver homes.
21		(u-6) To assist relative and certified relative
22		caregivers, no later than July 1, 2025, the Department shall
23		adopt rules to implement a relative support program, as
24		follows:
25		(1) For relative and certified relative caregivers,
26		the Department is authorized to reimburse or prepay

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1		reasonable expenditures to remedy home conditions
2		necessary to fulfill the home safety-related requirements
3		of relative caregiver homes.
4		(2) The Department may provide short-term emergency
5		funds to relative and certified relative caregiver homes
6		experiencing extreme hardships due to the difficulty and
7		stress associated with adding youth in care as new
8		household members.
9		(3) Consistent with federal law, the Department shall
10		include in any State Plan made in accordance with the
11		Adoption Assistance and Child Welfare Act of 1980, Titles
12		IV-E and XIX of the Social Security Act, and any other
13		applicable federal laws the provision of kinship navigator
14		program services. The Department shall apply for and
15		administer all relevant federal aid in accordance with
16		law. Federal funds acquired for the kinship navigator
17		program shall be used for the development, implementation,
18		and operation of kinship navigator program services. The
19		kinship navigator program services may provide
20		information, referral services, support, and assistance to
21		relative and certified relative caregivers of youth in
22		care to address their unique needs and challenges. Until
23		the Department is approved to receive federal funds for
24		these purposes, the Department shall publicly post on the
25		Department's website semi-annual updates regarding the
26		Department's progress in pursuing federal funding.

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1		Whenever the Department publicly posts these updates on
2		its website, the Department shall notify the General
3		Assembly through the General Assembly's designee.
4		(u-7) To support finding permanency for children through
5		subsidized guardianship and adoption and to prevent disruption
6		in guardianship and adoptive placements, the Department shall
7		establish and maintain accessible subsidized guardianship and
8		adoption support services for all children under 18 years of
9		age placed in guardianship or adoption who, immediately
10		preceding the guardianship or adoption, were in the custody or
11		guardianship of the Department under Article II of the
12		Juvenile Court Act of 1987.
13		The Department shall establish and maintain a toll-free
14		number to respond to requests from the public about its
15		subsidized guardianship and adoption support services under
16		this subsection and shall staff the toll-free number so that
17		calls are answered on a timely basis, but in no event more than
18		one business day after the receipt of a request. These
19		requests from the public may be made anonymously. To meet this
20		obligation, the Department may utilize the same toll-free
21		number the Department operates to respond to post-adoption
22		requests under subsection (b-5) of Section 18.9 of the
23		Adoption Act. The Department shall publicize information about
24		the Department's subsidized guardianship support services and
25		toll-free number as follows:
26		(1) it shall post information on the Department's

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1		website;
2		(2) it shall provide the information to every licensed
3		child welfare agency and any entity providing subsidized
4		guardianship support services in Illinois courts;
5		(3) it shall reference such information in the
6		materials the Department provides to caregivers pursuing
7		subsidized guardianship to inform them of their rights and
8		responsibilities under the Child Care Act of 1969 and this
9		Act;
10		(4) it shall provide the information, including the
11		Department's Post Adoption and Guardianship Services
12		booklet, to eligible caregivers as part of its
13		guardianship training and at the time they are presented
14		with the Permanency Commitment form;
15		(5) it shall include, in each annual notification
16		letter mailed to subsidized guardians, a short, 2-sided
17		flier or news bulletin in plain language that describes
18		access to post-guardianship services, how to access
19		services under the Family Support Program, formerly known
20		as the Individual Care Grant Program, the webpage address
21		to the Post Adoption and Guardianship Services booklet,
22		information on how to request that a copy of the booklet be
23		mailed; and
24		(6) it shall ensure that kinship navigator programs of
25		this State, when established, have this information to
26		include in materials the programs provide to caregivers.

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1		No later than July 1, 2026, the Department shall provide a
2		mechanism for the public to make information requests by
3		electronic means.
4		The Department shall review and update annually all
5		information relating to its subsidized guardianship support
6		services, including its Post Adoption and Guardianship
7		Services booklet, to include updated information on Family
8		Support Program services eligibility and subsidized
9		guardianship support services that are available through the
10		medical assistance program established under Article V of the
11		Illinois Public Aid Code or any other State program for mental
12		health services. The Department and the Department of
13		Healthcare and Family Services shall coordinate their efforts
14		in the development of these resources.
15		Every licensed child welfare agency and any entity
16		providing kinship navigator programs funded by the Department
17		shall provide the Department's website address and link to the
18		Department's subsidized guardianship support services
19		information set forth in subsection (d), including the
20		Department's toll-free number, to every relative who is or
21		will be providing guardianship placement for a child placed by
22		the Department.
23		(v) The Department shall access criminal history record
24		information as defined in the Illinois Uniform Conviction
25		Information Act and information maintained in the adjudicatory
26		and dispositional record system as defined in Section 2605-355

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1		of the Illinois State Police Law if the Department determines
2		the information is necessary to perform its duties under the
3		Abused and Neglected Child Reporting Act, the Child Care Act
4		of 1969, and the Children and Family Services Act. The
5		Department shall provide for interactive computerized
6		communication and processing equipment that permits direct
7		on-line communication with the Illinois State Police's central
8		criminal history data repository. The Department shall comply
9		with all certification requirements and provide certified
10		operators who have been trained by personnel from the Illinois
11		State Police. In addition, one Office of the Inspector General
12		investigator shall have training in the use of the criminal
13		history information access system and have access to the
14		terminal. The Department of Children and Family Services and
15		its employees shall abide by rules and regulations established
16		by the Illinois State Police relating to the access and
17		dissemination of this information.
18		(v-1) Prior to final approval for placement of a child
19		with a foster or adoptive parent, the Department shall conduct
20		a criminal records background check of the prospective foster
21		or adoptive parent, including fingerprint-based checks of
22		national crime information databases. Final approval for
23		placement shall not be granted if the record check reveals a
24		felony conviction for child abuse or neglect, for spousal
25		abuse, for a crime against children, or for a crime involving
26		violence, including human trafficking, sex trafficking, rape,

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1		sexual assault, or homicide, but not including other physical
2		assault or battery, or if there is a felony conviction for
3		physical assault, battery, or a drug-related offense committed
4		within the past 5 years.
5		(v-2) Prior to final approval for placement of a child
6		with a foster or adoptive parent, the Department shall check
7		its child abuse and neglect registry for information
8		concerning prospective foster and adoptive parents, and any
9		adult living in the home. If any prospective foster or
10		adoptive parent or other adult living in the home has resided
11		in another state in the preceding 5 years, the Department
12		shall request a check of that other state's child abuse and
13		neglect registry.
14		(v-3) Prior to the final approval of final placement of a
15		related child in a certified relative caregiver home as
16		defined in Section 2.37 of the Child Care Act of 1969, the
17		Department shall ensure that the background screening meets
18		the standards required under subsection (c) of Section 3.4 of
19		the Child Care Act of 1969.
20		(v-4) Prior to final approval for placement of a child
21		with a relative, as defined in Section 4d of this Act, who is
22		not a licensed foster parent, has declined to seek approval to
23		be a certified relative caregiver, or was denied approval as a
24		certified relative caregiver, the Department shall:
25		(i) check the child abuse and neglect registry for
26		information concerning the prospective relative caregiver

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1		and any other adult living in the home. If any prospective
2		relative caregiver or other adult living in the home has
3		resided in another state in the preceding 5 years, the
4		Department shall request a check of that other state's
5		child abuse and neglect registry; and
6		(ii) conduct a criminal records background check of
7		the prospective relative caregiver and all other adults
8		living in the home, including fingerprint-based checks of
9		national crime information databases. Final approval for
10		placement shall not be granted if the record check reveals
11		a felony conviction for child abuse or neglect, for
12		spousal abuse, for a crime against children, or for a
13		crime involving violence, including human trafficking, sex
14		trafficking, rape, sexual assault, or homicide, but not
15		including other physical assault or battery, or if there
16		is a felony conviction for physical assault, battery, or a
17		drug-related offense committed within the past 5 years;
18		provided however, that the Department is empowered to
19		grant a waiver as the Department may provide by rule, and
20		the Department approves the request for the waiver based
21		on a comprehensive evaluation of the caregiver and
22		household members and the conditions relating to the
23		safety of the placement.
24		No later than July 1, 2025, the Department shall adopt
25		rules or revise existing rules to effectuate the changes made
26		to this subsection (v-4). The rules shall outline the

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1		essential elements of each form used in the implementation and
2		enforcement of the provisions of this amendatory Act of the
3		103rd General Assembly.
4		(w) (Blank).
5		(x) The Department shall conduct annual credit history
6		checks to determine the financial history of children placed
7		under its guardianship pursuant to the Juvenile Court Act of
8		1987. The Department shall conduct such credit checks starting
9		when a youth in care turns 12 years old and each year
10		thereafter for the duration of the guardianship as terminated
11		pursuant to the Juvenile Court Act of 1987. The Department
12		shall determine if financial exploitation of the child's
13		personal information has occurred. If financial exploitation
14		appears to have taken place or is presently ongoing, the
15		Department shall notify the proper law enforcement agency, the
16		proper State's Attorney, or the Attorney General.
17		(y) Beginning on July 22, 2010 (the effective date of
18		Public Act 96-1189), a child with a disability who receives
19		residential and educational services from the Department shall
20		be eligible to receive transition services in accordance with
21		Article 14 of the School Code from the age of 14.5 through age
22		21, inclusive, notwithstanding the child's residential
23		services arrangement. For purposes of this subsection, "child
24		with a disability" means a child with a disability as defined
25		by the federal Individuals with Disabilities Education
26		Improvement Act of 2004.

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1		(z) The Department shall access criminal history record
2		information as defined as "background information" in this
3		subsection and criminal history record information as defined
4		in the Illinois Uniform Conviction Information Act for each
5		Department employee or Department applicant. Each Department
6		employee or Department applicant shall submit the employee's
7		or applicant's fingerprints to the Illinois State Police in
8		the form and manner prescribed by the Illinois State Police.
9		These fingerprints shall be checked against the fingerprint
10		records now and hereafter filed in the Illinois State Police
11		and the Federal Bureau of Investigation criminal history
12		records databases. The Illinois State Police shall charge a
13		fee for conducting the criminal history record check, which
14		shall be deposited into the State Police Services Fund and
15		shall not exceed the actual cost of the record check. The
16		Illinois State Police shall furnish, pursuant to positive
17		identification, all Illinois conviction information to the
18		Department of Children and Family Services.
19		For purposes of this subsection:
20		"Background information" means all of the following:
21		(i) Upon the request of the Department of Children and
22		Family Services, conviction information obtained from the
23		Illinois State Police as a result of a fingerprint-based
24		criminal history records check of the Illinois criminal
25		history records database and the Federal Bureau of
26		Investigation criminal history records database concerning

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1		a Department employee or Department applicant.
2		(ii) Information obtained by the Department of
3		Children and Family Services after performing a check of
4		the Illinois State Police's Sex Offender Database, as
5		authorized by Section 120 of the Sex Offender Community
6		Notification Law, concerning a Department employee or
7		Department applicant.
8		(iii) Information obtained by the Department of
9		Children and Family Services after performing a check of
10		the Child Abuse and Neglect Tracking System (CANTS)
11		operated and maintained by the Department.
12		"Department employee" means a full-time or temporary
13		employee coded or certified within the State of Illinois
14		Personnel System.
15		"Department applicant" means an individual who has
16		conditional Department full-time or part-time work, a
17		contractor, an individual used to replace or supplement staff,
18		an academic intern, a volunteer in Department offices or on
19		Department contracts, a work-study student, an individual or
20		entity licensed by the Department, or an unlicensed service
21		provider who works as a condition of a contract or an agreement
22		and whose work may bring the unlicensed service provider into
23		contact with Department clients or client records.
24		(aa) The changes made to this Section by Public Act
25		104-165 this amendatory Act of the 104th General Assembly are
26		declarative of existing law and are not a new enactment.

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1		(Source: P.A. 103-22, eff. 8-8-23; 103-50, eff. 1-1-24;
2		103-546, eff. 8-11-23; 103-605, eff. 7-1-24; 103-1061, eff.
3		7-1-25; 104-165, eff. 8-15-25; revised 9-11-25.)
4		(Text of Section after amendment by P.A. 104-107)
5		Sec. 5. Direct child welfare services; Department of
6		Children and Family Services. To provide direct child welfare
7		services when not available through other public or private
8		child care or program facilities.
9		(a) For purposes of this Section:
10		(1) "Children" means persons found within the State
11		who are under the age of 18 years. The term also includes
12		persons under age 21 who:
13		(A) were committed to the Department pursuant to
14		the Juvenile Court Act or the Juvenile Court Act of
15		1987 and who continue under the jurisdiction of the
16		court; or
17		(B) were accepted for care, service and training
18		by the Department prior to the age of 18 and whose best
19		interest in the discretion of the Department would be
20		served by continuing that care, service and training
21		because of severe emotional disturbances, physical
22		disability, social adjustment or any combination
23		thereof, or because of the need to complete an
24		educational or vocational training program.
25		(2) "Homeless youth" means persons found within the

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1		State who are under the age of 19, are not in a safe and
2		stable living situation and cannot be reunited with their
3		families.
4		(3) "Child welfare services" means public social
5		services which are directed toward the accomplishment of
6		the following purposes:
7		(A) protecting and promoting the health, safety
8		and welfare of children, including homeless,
9		dependent, or neglected children;
10		(B) remedying, or assisting in the solution of
11		problems which may result in, the neglect, abuse,
12		exploitation, or delinquency of children;
13		(C) preventing the unnecessary separation of
14		children from their families by identifying family
15		problems, assisting families in resolving their
16		problems, and preventing the breakup of the family
17		where the prevention of child removal is desirable and
18		possible when the child can be cared for at home
19		without endangering the child's health and safety;
20		(D) restoring to their families children who have
21		been removed, by the provision of services to the
22		child and the families when the child can be cared for
23		at home without endangering the child's health and
24		safety;
25		(E) placing children in suitable permanent family
26		arrangements, through guardianship or adoption, in

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1		cases where restoration to the birth family is not
2		safe, possible, or appropriate;
3		(F) at the time of placement, conducting
4		concurrent planning, as described in subsection (l-1)
5		of this Section, so that permanency may occur at the
6		earliest opportunity. Consideration should be given so
7		that if reunification fails or is delayed, the
8		placement made is the best available placement to
9		provide permanency for the child;
10		(F-1) preparing adolescents to successfully
11		transition to independence, including transition
12		planning for youth who qualify for a guardian as a
13		person with a disability under Article XIa of the
14		Probate Act of 1975;
15		(G) (blank);
16		(H) (blank); and
17		(I) placing and maintaining children in facilities
18		that provide separate living quarters for children
19		under the age of 18 and for children 18 years of age
20		and older, unless a child 18 years of age is in the
21		last year of high school education or vocational
22		training, in an approved individual or group treatment
23		program, in a licensed shelter facility, or secure
24		child care facility. The Department is not required to
25		place or maintain children:
26		(i) who are in a foster home, or

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1		(ii) who are persons with a developmental
2		disability, as defined in the Mental Health and
3		Developmental Disabilities Code, or
4		(iii) who are female children who are
5		pregnant, pregnant and parenting, or parenting, or
6		(iv) who are siblings, in facilities that
7		provide separate living quarters for children 18
8		years of age and older and for children under 18
9		years of age.
10		(b) (Blank).
11		(b-5) The Department shall adopt rules to establish a
12		process for all licensed residential providers in Illinois to
13		submit data as required by the Department if they contract or
14		receive reimbursement for children's mental health, substance
15		use, and developmental disability services from the Department
16		of Human Services, the Department of Juvenile Justice, or the
17		Department of Healthcare and Family Services. The requested
18		data must include, but is not limited to, capacity, staffing,
19		and occupancy data for the purpose of establishing State need
20		and placement availability.
21		All information collected, shared, or stored pursuant to
22		this subsection shall be handled in accordance with all State
23		and federal privacy laws and accompanying regulations and
24		rules, including, without limitation, the federal Health
25		Insurance Portability and Accountability Act of 1996 (Public
26		Law 104-191) and the Mental Health and Developmental

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1		Disabilities Confidentiality Act.
2		(c) The Department shall establish and maintain
3		tax-supported child welfare services and extend and seek to
4		improve voluntary services throughout the State, to the end
5		that services and care shall be available on an equal basis
6		throughout the State to children requiring such services.
7		(d) The Director may authorize advance disbursements for
8		any new program initiative to any agency contracting with the
9		Department. As a prerequisite for an advance disbursement, the
10		contractor must post a surety bond in the amount of the advance
11		disbursement and have a purchase of service contract approved
12		by the Department. The Department may pay up to 2 months
13		operational expenses in advance. The amount of the advance
14		disbursement shall be prorated over the life of the contract
15		or the remaining months of the fiscal year, whichever is less,
16		and the installment amount shall then be deducted from future
17		bills. Advance disbursement authorizations for new initiatives
18		shall not be made to any agency after that agency has operated
19		during 2 consecutive fiscal years. The requirements of this
20		Section concerning advance disbursements shall not apply with
21		respect to the following: payments to local public agencies
22		for child early care and education day care services as
23		authorized by Section 5a of this Act; and youth service
24		programs receiving grant funds under Section 17a-4.
25		(e) (Blank).
26		(f) (Blank).

HB3595 Enrolled - 104 - LRB104 08153 BAB 18201 b
1		(g) The Department shall establish rules and regulations
2		concerning its operation of programs designed to meet the
3		goals of child safety and protection, family preservation, and
4		permanency, including, but not limited to:
5		(1) reunification, guardianship, and adoption;
6		(2) relative and licensed foster care;
7		(3) family counseling;
8		(4) protective services;
9		(5) (blank);
10		(6) homemaker service;
11		(7) return of runaway children;
12		(8) (blank);
13		(9) placement under Section 5-7 of the Juvenile Court
14		Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
15		Court Act of 1987 in accordance with the federal Adoption
16		Assistance and Child Welfare Act of 1980;
17		(10) interstate services; and
18		(11) transition planning for youth aging out of care.
19		Rules and regulations established by the Department shall
20		include provisions for training Department staff and the staff
21		of Department grantees, through contracts with other agencies
22		or resources, in screening techniques to identify substance
23		use disorders, as defined in the Substance Use Disorder Act,
24		approved by the Department of Human Services, as a successor
25		to the Department of Alcoholism and Substance Abuse, for the
26		purpose of identifying children and adults who should be

HB3595 Enrolled - 105 - LRB104 08153 BAB 18201 b
1		referred for an assessment at an organization appropriately
2		licensed by the Department of Human Services for substance use
3		disorder treatment.
4		(h) If the Department finds that there is no appropriate
5		program or facility within or available to the Department for
6		a youth in care and that no licensed private facility has an
7		adequate and appropriate program or none agrees to accept the
8		youth in care, the Department shall create an appropriate
9		individualized, program-oriented plan for such youth in care.
10		The plan may be developed within the Department or through
11		purchase of services by the Department to the extent that it is
12		within its statutory authority to do.
13		(i) Service programs shall be available throughout the
14		State and shall include but not be limited to the following
15		services:
16		(1) case management;
17		(2) homemakers;
18		(3) counseling;
19		(4) parent education;
20		(5) early care and education day care;
21		(6) emergency assistance and advocacy; and
22		(7) kinship navigator and relative caregiver supports.
23		In addition, the following services may be made available
24		to assess and meet the needs of children and families:
25		(1) comprehensive family-based services;
26		(2) assessments;

HB3595 Enrolled - 106 - LRB104 08153 BAB 18201 b
1		(3) respite care; and
2		(4) in-home health services.
3		The Department shall provide transportation for any of the
4		services it makes available to children or families or for
5		which it refers children or families.
6		(j) The Department may provide categories of financial
7		assistance and education assistance grants, and shall
8		establish rules and regulations concerning the assistance and
9		grants, to persons who adopt or become subsidized guardians of
10		children with physical or mental disabilities, children who
11		are older, or other hard-to-place children who (i) immediately
12		prior to their adoption or subsidized guardianship were youth
13		in care or (ii) were determined eligible for financial
14		assistance with respect to a prior adoption and who become
15		available for adoption because the prior adoption has been
16		dissolved and the parental rights of the adoptive parents have
17		been terminated or because the child's adoptive parents have
18		died. The Department may continue to provide financial
19		assistance and education assistance grants for a child who was
20		determined eligible for financial assistance under this
21		subsection (j) in the interim period beginning when the
22		child's adoptive parents died and ending with the finalization
23		of the new adoption of the child by another adoptive parent or
24		parents. The Department may also provide categories of
25		financial assistance and education assistance grants, and
26		shall establish rules and regulations for the assistance and

HB3595 Enrolled - 107 - LRB104 08153 BAB 18201 b
1		grants, to persons appointed guardian of the person under
2		Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
3		4-25, or 5-740 of the Juvenile Court Act of 1987 for children
4		who were youth in care for 12 months immediately prior to the
5		appointment of the guardian.
6		The amount of assistance may vary, depending upon the
7		needs of the child and the adoptive parents or subsidized
8		guardians, as set forth in the annual assistance agreement.
9		Special purpose grants are allowed where the child requires
10		special service but such costs may not exceed the amounts
11		which similar services would cost the Department if it were to
12		provide or secure them as guardian of the child.
13		Any financial assistance provided under this subsection is
14		inalienable by assignment, sale, execution, attachment,
15		garnishment, or any other remedy for recovery or collection of
16		a judgment or debt.
17		(j-5) The Department shall not deny or delay the placement
18		of a child for adoption if an approved family is available
19		either outside of the Department region handling the case, or
20		outside of the State of Illinois.
21		(k) The Department shall accept for care and training any
22		child who has been adjudicated neglected or abused, or
23		dependent committed to it pursuant to the Juvenile Court Act
24		or the Juvenile Court Act of 1987.
25		(l) The Department shall offer family preservation
26		services, as defined in Section 8.2 of the Abused and

HB3595 Enrolled - 108 - LRB104 08153 BAB 18201 b
1		Neglected Child Reporting Act, to help families, including
2		adoptive and extended families. Family preservation services
3		shall be offered (i) to prevent the placement of children in
4		substitute care when the children can be cared for at home or
5		in the custody of the person responsible for the children's
6		welfare, (ii) to reunite children with their families, or
7		(iii) to maintain an adoption or subsidized guardianship.
8		Family preservation services shall only be offered when doing
9		so will not endanger the children's health or safety. With
10		respect to children who are in substitute care pursuant to the
11		Juvenile Court Act of 1987, family preservation services shall
12		not be offered if a goal other than those of subdivisions (A),
13		(B), or (B-1) of subsection (2.3) of Section 2-28 of that Act
14		has been set, except that reunification services may be
15		offered as provided in paragraph (F) of subsection (2.3) of
16		Section 2-28 of that Act. Nothing in this paragraph shall be
17		construed to create a private right of action or claim on the
18		part of any individual or child welfare agency, except that
19		when a child is the subject of an action under Article II of
20		the Juvenile Court Act of 1987 and the child's service plan
21		calls for services to facilitate achievement of the permanency
22		goal, the court hearing the action under Article II of the
23		Juvenile Court Act of 1987 may order the Department to provide
24		the services set out in the plan, if those services are not
25		provided with reasonable promptness and if those services are
26		available.

HB3595 Enrolled - 109 - LRB104 08153 BAB 18201 b
1		The Department shall notify the child and the child's
2		family of the Department's responsibility to offer and provide
3		family preservation services as identified in the service
4		plan. The child and the child's family shall be eligible for
5		services as soon as the report is determined to be
6		"indicated". The Department may offer services to any child or
7		family with respect to whom a report of suspected child abuse
8		or neglect has been filed, prior to concluding its
9		investigation under Section 7.12 of the Abused and Neglected
10		Child Reporting Act. However, the child's or family's
11		willingness to accept services shall not be considered in the
12		investigation. The Department may also provide services to any
13		child or family who is the subject of any report of suspected
14		child abuse or neglect or may refer such child or family to
15		services available from other agencies in the community, even
16		if the report is determined to be unfounded, if the conditions
17		in the child's or family's home are reasonably likely to
18		subject the child or family to future reports of suspected
19		child abuse or neglect. Acceptance of such services shall be
20		voluntary. The Department may also provide services to any
21		child or family after completion of a family assessment, as an
22		alternative to an investigation, as provided under the
23		"differential response program" provided for in subsection
24		(a-5) of Section 7.4 of the Abused and Neglected Child
25		Reporting Act.
26		The Department may, at its discretion except for those

HB3595 Enrolled - 110 - LRB104 08153 BAB 18201 b
1		children also adjudicated neglected or dependent, accept for
2		care and training any child who has been adjudicated addicted,
3		as a truant minor in need of supervision or as a minor
4		requiring authoritative intervention, under the Juvenile Court
5		Act or the Juvenile Court Act of 1987, but no such child shall
6		be committed to the Department by any court without the
7		approval of the Department. On and after January 1, 2015 (the
8		effective date of Public Act 98-803) and before January 1,
9		2017, a minor charged with a criminal offense under the
10		Criminal Code of 1961 or the Criminal Code of 2012 or
11		adjudicated delinquent shall not be placed in the custody of
12		or committed to the Department by any court, except (i) a minor
13		less than 16 years of age committed to the Department under
14		Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
15		for whom an independent basis of abuse, neglect, or dependency
16		exists, which must be defined by departmental rule, or (iii) a
17		minor for whom the court has granted a supplemental petition
18		to reinstate wardship pursuant to subsection (2) of Section
19		2-33 of the Juvenile Court Act of 1987. On and after January 1,
20		2017, a minor charged with a criminal offense under the
21		Criminal Code of 1961 or the Criminal Code of 2012 or
22		adjudicated delinquent shall not be placed in the custody of
23		or committed to the Department by any court, except (i) a minor
24		less than 15 years of age committed to the Department under
25		Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
26		for whom an independent basis of abuse, neglect, or dependency

HB3595 Enrolled - 111 - LRB104 08153 BAB 18201 b
1		exists, which must be defined by departmental rule, or (iii) a
2		minor for whom the court has granted a supplemental petition
3		to reinstate wardship pursuant to subsection (2) of Section
4		2-33 of the Juvenile Court Act of 1987. An independent basis
5		exists when the allegations or adjudication of abuse, neglect,
6		or dependency do not arise from the same facts, incident, or
7		circumstances which give rise to a charge or adjudication of
8		delinquency. The Department shall assign a caseworker to
9		attend any hearing involving a youth in the care and custody of
10		the Department who is placed on aftercare release, including
11		hearings involving sanctions for violation of aftercare
12		release conditions and aftercare release revocation hearings.
13		As soon as is possible, the Department shall develop and
14		implement a special program of family preservation services to
15		support intact, relative, foster, and adoptive families who
16		are experiencing extreme hardships due to the difficulty and
17		stress of caring for a child who has been diagnosed with a
18		pervasive developmental disorder if the Department determines
19		that those services are necessary to ensure the health and
20		safety of the child. The Department may offer services to any
21		family whether or not a report has been filed under the Abused
22		and Neglected Child Reporting Act. The Department may refer
23		the child or family to services available from other agencies
24		in the community if the conditions in the child's or family's
25		home are reasonably likely to subject the child or family to
26		future reports of suspected child abuse or neglect. Acceptance

HB3595 Enrolled - 112 - LRB104 08153 BAB 18201 b
1		of these services shall be voluntary. The Department shall
2		develop and implement a public information campaign to alert
3		health and social service providers and the general public
4		about these special family preservation services. The nature
5		and scope of the services offered and the number of families
6		served under the special program implemented under this
7		paragraph shall be determined by the level of funding that the
8		Department annually allocates for this purpose. The term
9		"pervasive developmental disorder" under this paragraph means
10		a neurological condition, including, but not limited to,
11		Asperger's Syndrome and autism, as defined in the most recent
12		edition of the Diagnostic and Statistical Manual of Mental
13		Disorders of the American Psychiatric Association.
14		(l-1) The General Assembly recognizes that the best
15		interests of the child require that the child be placed in the
16		most permanent living arrangement that is an appropriate
17		option for the child, consistent with the child's best
18		interest, using the factors set forth in subsection (4.05) of
19		Section 1-3 of the Juvenile Court Act of 1987 as soon as is
20		practically possible. To achieve this goal, the General
21		Assembly directs the Department of Children and Family
22		Services to conduct concurrent planning so that permanency may
23		occur at the earliest opportunity. Permanent living
24		arrangements may include prevention of placement of a child
25		outside the home of the family when the child can be cared for
26		at home without endangering the child's health or safety;

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1		reunification with the family, when safe and appropriate, if
2		temporary placement is necessary; or movement of the child
3		toward the most appropriate living arrangement and legal
4		status.
5		When determining reasonable efforts to be made with
6		respect to a child, as described in this subsection, and in
7		making such reasonable efforts, the child's health and safety
8		shall be the paramount concern.
9		When a child is placed in foster care, the Department
10		shall ensure and document that reasonable efforts were made to
11		prevent or eliminate the need to remove the child from the
12		child's home. The Department must make reasonable efforts to
13		reunify the family when temporary placement of the child
14		occurs unless otherwise required, pursuant to the Juvenile
15		Court Act of 1987. At any time after the dispositional hearing
16		where the Department believes that further reunification
17		services would be ineffective, it may request a finding from
18		the court that reasonable efforts are no longer appropriate.
19		The Department is not required to provide further
20		reunification services after such a finding.
21		A decision to place a child in substitute care shall be
22		made with considerations of the child's health, safety, and
23		best interests. The Department shall make diligent efforts to
24		place the child with a relative, document those diligent
25		efforts, and document reasons for any failure or inability to
26		secure such a relative placement. If the primary issue

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1		preventing an emergency placement of a child with a relative
2		is a lack of resources, including, but not limited to,
3		concrete goods, safety modifications, and services, the
4		Department shall make diligent efforts to assist the relative
5		in obtaining the necessary resources. No later than July 1,
6		2025, the Department shall adopt rules defining what is
7		diligent and necessary in providing supports to potential
8		relative placements. At the time of placement, consideration
9		should also be given so that if reunification fails or is
10		delayed, the placement has the potential to be an appropriate
11		permanent placement for the child.
12		The Department shall adopt rules addressing concurrent
13		planning for reunification and permanency. The Department
14		shall consider the following factors when determining
15		appropriateness of concurrent planning:
16		(1) the likelihood of prompt reunification;
17		(2) the past history of the family;
18		(3) the barriers to reunification being addressed by
19		the family;
20		(4) the level of cooperation of the family;
21		(4.5) the child's wishes;
22		(5) the caregivers' willingness to work with the
23		family to reunite;
24		(6) the willingness and ability of the caregivers
25		caregivers' to provide a permanent placement;
26		(7) the age of the child;

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1		(8) placement of siblings; and
2		(9) the wishes of the parent or parents unless the
3		parental preferences are contrary to the best interests of
4		the child.
5		(m) The Department may assume temporary custody of any
6		child if:
7		(1) it has received a written consent to such
8		temporary custody signed by the parents of the child or by
9		the parent having custody of the child if the parents are
10		not living together or by the guardian or custodian of the
11		child if the child is not in the custody of either parent,
12		or
13		(2) the child is found in the State and neither a
14		parent, guardian nor custodian of the child can be
15		located.
16		If the child is found in the child's residence without a
17		parent, guardian, custodian, or responsible caretaker, the
18		Department may, instead of removing the child and assuming
19		temporary custody, place an authorized representative of the
20		Department in that residence until such time as a parent,
21		guardian, or custodian enters the home and expresses a
22		willingness and apparent ability to ensure the child's health
23		and safety and resume permanent charge of the child, or until a
24		relative enters the home and is willing and able to ensure the
25		child's health and safety and assume charge of the child until
26		a parent, guardian, or custodian enters the home and expresses

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1		such willingness and ability to ensure the child's safety and
2		resume permanent charge. After a caretaker has remained in the
3		home for a period not to exceed 12 hours, the Department must
4		follow those procedures outlined in Section 2-9, 3-11, 4-8, or
5		5-415 of the Juvenile Court Act of 1987.
6		The Department shall have the authority, responsibilities
7		and duties that a legal custodian of the child would have
8		pursuant to subsection (9) of Section 1-3 of the Juvenile
9		Court Act of 1987. Whenever a child is taken into temporary
10		custody pursuant to an investigation under the Abused and
11		Neglected Child Reporting Act, or pursuant to a referral and
12		acceptance under the Juvenile Court Act of 1987 of a minor in
13		limited custody, the Department, during the period of
14		temporary custody and before the child is brought before a
15		judicial officer as required by Section 2-9, 3-11, 4-8, or
16		5-415 of the Juvenile Court Act of 1987, shall have the
17		authority, responsibilities and duties that a legal custodian
18		of the child would have under subsection (9) of Section 1-3 of
19		the Juvenile Court Act of 1987.
20		The Department shall ensure that any child taken into
21		custody is scheduled for an appointment for a medical
22		examination.
23		A parent, guardian, or custodian of a child in the
24		temporary custody of the Department who would have custody of
25		the child if the child were not in the temporary custody of the
26		Department may deliver to the Department a signed request that

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

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1		(n) The Department may place children under 18 years of
2		age in licensed child care facilities when in the opinion of
3		the Department, appropriate services aimed at family
4		preservation have been unsuccessful and cannot ensure the
5		child's health and safety or are unavailable and such
6		placement would be for their best interest. Payment for board,
7		clothing, care, training and supervision of any child placed
8		in a licensed child care facility may be made by the
9		Department, by the parents or guardians of the estates of
10		those children, or by both the Department and the parents or
11		guardians, except that no payments shall be made by the
12		Department for any child placed in a licensed child care
13		facility for board, clothing, care, training, and supervision
14		of such a child that exceed the average per capita cost of
15		maintaining and of caring for a child in institutions for
16		dependent or neglected children operated by the Department.
17		However, such restriction on payments does not apply in cases
18		where children require specialized care and treatment for
19		problems of severe emotional disturbance, physical disability,
20		social adjustment, or any combination thereof and suitable
21		facilities for the placement of such children are not
22		available at payment rates within the limitations set forth in
23		this Section. All reimbursements for services delivered shall
24		be absolutely inalienable by assignment, sale, attachment, or
25		garnishment or otherwise.
26		(n-1) The Department shall provide or authorize child

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1		welfare services, aimed at assisting minors to achieve
2		sustainable self-sufficiency as independent adults, for any
3		minor eligible for the reinstatement of wardship pursuant to
4		subsection (2) of Section 2-33 of the Juvenile Court Act of
5		1987, whether or not such reinstatement is sought or allowed,
6		provided that the minor consents to such services and has not
7		yet attained the age of 21. The Department shall have
8		responsibility for the development and delivery of services
9		under this Section. An eligible youth may access services
10		under this Section through the Department of Children and
11		Family Services or by referral from the Department of Human
12		Services. Youth participating in services under this Section
13		shall cooperate with the assigned case manager in developing
14		an agreement identifying the services to be provided and how
15		the youth will increase skills to achieve self-sufficiency. A
16		homeless shelter is not considered appropriate housing for any
17		youth receiving child welfare services under this Section. The
18		Department shall continue child welfare services under this
19		Section to any eligible minor until the minor becomes 21 years
20		of age, no longer consents to participate, or achieves
21		self-sufficiency as identified in the minor's service plan.
22		The Department of Children and Family Services shall create
23		clear, readable notice of the rights of former foster youth to
24		child welfare services under this Section and how such
25		services may be obtained. The Department of Children and
26		Family Services and the Department of Human Services shall

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1		disseminate this information statewide. The Department shall
2		adopt regulations describing services intended to assist
3		minors in achieving sustainable self-sufficiency as
4		independent adults.
5		(o) The Department shall establish an administrative
6		review and appeal process for children and families who
7		request or receive child welfare services from the Department.
8		Youth in care who are placed by private child welfare
9		agencies, and caregivers with whom those youth are placed,
10		shall be afforded the same procedural and appeal rights as
11		children and families in the case of placement by the
12		Department, including the right to an initial review of a
13		private agency decision by that agency. The Department shall
14		ensure that any private child welfare agency, which accepts
15		youth in care for placement, affords those rights to children
16		and caregivers with whom those children are placed. The
17		Department shall accept for administrative review and an
18		appeal hearing a complaint made by (i) a child or caregiver
19		with whom the child is placed concerning a decision following
20		an initial review by a private child welfare agency or (ii) a
21		prospective adoptive parent who alleges a violation of
22		subsection (j-5) of this Section. An appeal of a decision
23		concerning a change in the placement of a child shall be
24		conducted in an expedited manner. A court determination that a
25		current placement is necessary and appropriate under Section
26		2-28 of the Juvenile Court Act of 1987 does not constitute a

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1		judicial determination on the merits of an administrative
2		appeal, filed by a former caregiver, involving a change of
3		placement decision. No later than July 1, 2025, the Department
4		shall adopt rules to develop a reconsideration process to
5		review: a denial of certification of a relative, a denial of
6		placement with a relative, and a denial of visitation with an
7		identified relative. Rules shall include standards and
8		criteria for reconsideration that incorporate the best
9		interests of the child under subsection (4.05) of Section 1-3
10		of the Juvenile Court Act of 1987, address situations where
11		multiple relatives seek certification, and provide that all
12		rules regarding placement changes shall be followed. The rules
13		shall outline the essential elements of each form used in the
14		implementation and enforcement of the provisions of this
15		amendatory Act of the 103rd General Assembly.
16		(p) (Blank).
17		(q) The Department may receive and use, in their entirety,
18		for the benefit of children any gift, donation, or bequest of
19		money or other property which is received on behalf of such
20		children, or any financial benefits to which such children are
21		or may become entitled while under the jurisdiction or care of
22		the Department, except that the benefits described in Section
23		5.46 must be used and conserved consistent with the provisions
24		under Section 5.46.
25		The Department shall set up and administer no-cost,
26		interest-bearing accounts in appropriate financial

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1		institutions for children for whom the Department is legally
2		responsible and who have been determined eligible for
3		Veterans' Benefits, Social Security benefits, assistance
4		allotments from the armed forces, court ordered payments,
5		parental voluntary payments, Supplemental Security Income,
6		Railroad Retirement payments, Black Lung benefits, or other
7		miscellaneous payments. Interest earned by each account shall
8		be credited to the account, unless disbursed in accordance
9		with this subsection.
10		In disbursing funds from children's accounts, the
11		Department shall:
12		(1) Establish standards in accordance with State and
13		federal laws for disbursing money from children's
14		accounts. In all circumstances, the Department's
15		Guardianship Administrator or the Guardianship
16		Administrator's designee must approve disbursements from
17		children's accounts. The Department shall be responsible
18		for keeping complete records of all disbursements for each
19		account for any purpose.
20		(2) Calculate on a monthly basis the amounts paid from
21		State funds for the child's board and care, medical care
22		not covered under Medicaid, and social services; and
23		utilize funds from the child's account, as covered by
24		regulation, to reimburse those costs. Monthly,
25		disbursements from all children's accounts, up to 1/12 of
26		$13,000,000, shall be deposited by the Department into the

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1		General Revenue Fund and the balance over 1/12 of
2		$13,000,000 into the DCFS Children's Services Fund.
3		(3) Maintain any balance remaining after reimbursing
4		for the child's costs of care, as specified in item (2).
5		The balance shall accumulate in accordance with relevant
6		State and federal laws and shall be disbursed to the child
7		or the child's guardian or to the issuing agency.
8		(r) The Department shall promulgate regulations
9		encouraging all adoption agencies to voluntarily forward to
10		the Department or its agent names and addresses of all persons
11		who have applied for and have been approved for adoption of a
12		hard-to-place child or child with a disability and the names
13		of such children who have not been placed for adoption. A list
14		of such names and addresses shall be maintained by the
15		Department or its agent, and coded lists which maintain the
16		confidentiality of the person seeking to adopt the child and
17		of the child shall be made available, without charge, to every
18		adoption agency in the State to assist the agencies in placing
19		such children for adoption. The Department may delegate to an
20		agent its duty to maintain and make available such lists. The
21		Department shall ensure that such agent maintains the
22		confidentiality of the person seeking to adopt the child and
23		of the child.
24		(s) The Department of Children and Family Services may
25		establish and implement a program to reimburse caregivers
26		licensed, certified, or otherwise approved by the Department

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1		of Children and Family Services for damages sustained by the
2		caregivers as a result of the malicious or negligent acts of
3		children placed by the Department, as well as providing third
4		party coverage for such caregivers with regard to actions of
5		children placed by the Department to other individuals. Such
6		coverage will be secondary to the caregiver's liability
7		insurance policy, if applicable. The program shall be funded
8		through appropriations from the General Revenue Fund,
9		specifically designated for such purposes.
10		(t) The Department shall perform home studies and
11		investigations and shall exercise supervision over visitation
12		as ordered by a court pursuant to the Illinois Marriage and
13		Dissolution of Marriage Act or the Adoption Act only if:
14		(1) an order entered by an Illinois court specifically
15		directs the Department to perform such services; and
16		(2) the court has ordered one or both of the parties to
17		the proceeding to reimburse the Department for its
18		reasonable costs for providing such services in accordance
19		with Department rules, or has determined that neither
20		party is financially able to pay.
21		The Department shall provide written notification to the
22		court of the specific arrangements for supervised visitation
23		and projected monthly costs within 60 days of the court order.
24		The Department shall send to the court information related to
25		the costs incurred except in cases where the court has
26		determined the parties are financially unable to pay. The

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1		court may order additional periodic reports as appropriate.
2		(u) In addition to other information that must be
3		provided, whenever the Department places a child with a
4		prospective adoptive parent or parents, in a licensed foster
5		home, group home, or child care institution, in a relative
6		home, or in a certified relative caregiver home, the
7		Department shall provide to the caregiver, appropriate
8		facility staff, or prospective adoptive parent or parents:
9		(1) available detailed information concerning the
10		child's educational and health history, copies of
11		immunization records (including insurance and medical card
12		information), a history of the child's previous
13		placements, if any, and reasons for placement changes
14		excluding any information that identifies or reveals the
15		location of any previous caregiver or adoptive parents;
16		(2) a copy of the child's portion of the client
17		service plan, including any visitation arrangement, and
18		all amendments or revisions to it as related to the child;
19		and
20		(3) information containing details of the child's
21		individualized education program educational plan when the
22		child is receiving special education services.
23		The caregiver, appropriate facility staff, or prospective
24		adoptive parent or parents, shall be informed of any known
25		social or behavioral information (including, but not limited
26		to, criminal background, fire setting, perpetuation of sexual

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1		abuse, destructive behavior, and substance abuse) necessary to
2		care for and safeguard the children to be placed or currently
3		in the home or setting. The Department may prepare a written
4		summary of the information required by this paragraph, which
5		may be provided to the caregiver, appropriate facility staff,
6		or prospective adoptive parent in advance of a placement. The
7		caregiver, appropriate facility staff, or prospective adoptive
8		parent may review the supporting documents in the child's file
9		in the presence of casework staff. In the case of an emergency
10		placement, casework staff shall at least provide known
11		information verbally, if necessary, and must subsequently
12		provide the information in writing as required by this
13		subsection.
14		The information described in this subsection shall be
15		provided in writing. In the case of emergency placements when
16		time does not allow prior review, preparation, and collection
17		of written information, the Department shall provide such
18		information as it becomes available. Within 10 business days
19		after placement, the Department shall obtain from the
20		caregiver, appropriate facility staff, or prospective adoptive
21		parent or parents a signed verification of receipt of the
22		information provided. Within 10 business days after placement,
23		the Department shall provide to the child's guardian ad litem
24		a copy of the information provided to the caregiver,
25		appropriate facility staff, or prospective adoptive parent or
26		parents. The information provided to the caregiver,

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1		appropriate facility staff, or prospective adoptive parent or
2		parents shall be reviewed and approved regarding accuracy at
3		the supervisory level.
4		(u-5) Beginning July 1, 2025, certified relative caregiver
5		homes under Section 3.4 of the Child Care Act of 1969 shall be
6		eligible to receive foster care maintenance payments from the
7		Department in an amount no less than payments made to licensed
8		foster family homes. Beginning July 1, 2025, relative homes
9		providing care to a child placed by the Department that are not
10		a certified relative caregiver home under Section 3.4 of the
11		Child Care Act of 1969 or a licensed foster family home shall
12		be eligible to receive payments from the Department in an
13		amount no less 90% of the payments made to licensed foster
14		family homes and certified relative caregiver homes.
15		(u-6) To assist relative and certified relative
16		caregivers, no later than July 1, 2025, the Department shall
17		adopt rules to implement a relative support program, as
18		follows:
19		(1) For relative and certified relative caregivers,
20		the Department is authorized to reimburse or prepay
21		reasonable expenditures to remedy home conditions
22		necessary to fulfill the home safety-related requirements
23		of relative caregiver homes.
24		(2) The Department may provide short-term emergency
25		funds to relative and certified relative caregiver homes
26		experiencing extreme hardships due to the difficulty and

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1		stress associated with adding youth in care as new
2		household members.
3		(3) Consistent with federal law, the Department shall
4		include in any State Plan made in accordance with the
5		Adoption Assistance and Child Welfare Act of 1980, Titles
6		IV-E and XIX of the Social Security Act, and any other
7		applicable federal laws the provision of kinship navigator
8		program services. The Department shall apply for and
9		administer all relevant federal aid in accordance with
10		law. Federal funds acquired for the kinship navigator
11		program shall be used for the development, implementation,
12		and operation of kinship navigator program services. The
13		kinship navigator program services may provide
14		information, referral services, support, and assistance to
15		relative and certified relative caregivers of youth in
16		care to address their unique needs and challenges. Until
17		the Department is approved to receive federal funds for
18		these purposes, the Department shall publicly post on the
19		Department's website semi-annual updates regarding the
20		Department's progress in pursuing federal funding.
21		Whenever the Department publicly posts these updates on
22		its website, the Department shall notify the General
23		Assembly through the General Assembly's designee.
24		(u-7) To support finding permanency for children through
25		subsidized guardianship and adoption and to prevent disruption
26		in guardianship and adoptive placements, the Department shall

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1		establish and maintain accessible subsidized guardianship and
2		adoption support services for all children under 18 years of
3		age placed in guardianship or adoption who, immediately
4		preceding the guardianship or adoption, were in the custody or
5		guardianship of the Department under Article II of the
6		Juvenile Court Act of 1987.
7		The Department shall establish and maintain a toll-free
8		number to respond to requests from the public about its
9		subsidized guardianship and adoption support services under
10		this subsection and shall staff the toll-free number so that
11		calls are answered on a timely basis, but in no event more than
12		one business day after the receipt of a request. These
13		requests from the public may be made anonymously. To meet this
14		obligation, the Department may utilize the same toll-free
15		number the Department operates to respond to post-adoption
16		requests under subsection (b-5) of Section 18.9 of the
17		Adoption Act. The Department shall publicize information about
18		the Department's subsidized guardianship support services and
19		toll-free number as follows:
20		(1) it shall post information on the Department's
21		website;
22		(2) it shall provide the information to every licensed
23		child welfare agency and any entity providing subsidized
24		guardianship support services in Illinois courts;
25		(3) it shall reference such information in the
26		materials the Department provides to caregivers pursuing

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1		subsidized guardianship to inform them of their rights and
2		responsibilities under the Child Care Act of 1969 and this
3		Act;
4		(4) it shall provide the information, including the
5		Department's Post Adoption and Guardianship Services
6		booklet, to eligible caregivers as part of its
7		guardianship training and at the time they are presented
8		with the Permanency Commitment form;
9		(5) it shall include, in each annual notification
10		letter mailed to subsidized guardians, a short, 2-sided
11		flier or news bulletin in plain language that describes
12		access to post-guardianship services, how to access
13		services under the Family Support Program, formerly known
14		as the Individual Care Grant Program, the webpage address
15		to the Post Adoption and Guardianship Services booklet,
16		information on how to request that a copy of the booklet be
17		mailed; and
18		(6) it shall ensure that kinship navigator programs of
19		this State, when established, have this information to
20		include in materials the programs provide to caregivers.
21		No later than July 1, 2026, the Department shall provide a
22		mechanism for the public to make information requests by
23		electronic means.
24		The Department shall review and update annually all
25		information relating to its subsidized guardianship support
26		services, including its Post Adoption and Guardianship

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1		Services booklet, to include updated information on Family
2		Support Program services eligibility and subsidized
3		guardianship support services that are available through the
4		medical assistance program established under Article V of the
5		Illinois Public Aid Code or any other State program for mental
6		health services. The Department and the Department of
7		Healthcare and Family Services shall coordinate their efforts
8		in the development of these resources.
9		Every licensed child welfare agency and any entity
10		providing kinship navigator programs funded by the Department
11		shall provide the Department's website address and link to the
12		Department's subsidized guardianship support services
13		information set forth in subsection (d), including the
14		Department's toll-free number, to every relative who is or
15		will be providing guardianship placement for a child placed by
16		the Department.
17		(v) The Department shall access criminal history record
18		information as defined in the Illinois Uniform Conviction
19		Information Act and information maintained in the adjudicatory
20		and dispositional record system as defined in Section 2605-355
21		of the Illinois State Police Law if the Department determines
22		the information is necessary to perform its duties under the
23		Abused and Neglected Child Reporting Act, the Child Care Act
24		of 1969, and the Children and Family Services Act. The
25		Department shall provide for interactive computerized
26		communication and processing equipment that permits direct

HB3595 Enrolled - 132 - LRB104 08153 BAB 18201 b
1		online on-line communication with the Illinois State Police's
2		central criminal history data repository. The Department shall
3		comply with all certification requirements and provide
4		certified operators who have been trained by personnel from
5		the Illinois State Police. In addition, one Office of the
6		Inspector General investigator shall have training in the use
7		of the criminal history information access system and have
8		access to the terminal. The Department of Children and Family
9		Services and its employees shall abide by rules and
10		regulations established by the Illinois State Police relating
11		to the access and dissemination of this information.
12		(v-1) Prior to final approval for placement of a child
13		with a foster or adoptive parent, the Department shall conduct
14		a criminal records background check of the prospective foster
15		or adoptive parent, including fingerprint-based checks of
16		national crime information databases. Final approval for
17		placement shall not be granted if the record check reveals a
18		felony conviction for child abuse or neglect, for spousal
19		abuse, for a crime against children, or for a crime involving
20		violence, including human trafficking, sex trafficking, rape,
21		sexual assault, or homicide, but not including other physical
22		assault or battery, or if there is a felony conviction for
23		physical assault, battery, or a drug-related offense committed
24		within the past 5 years.
25		(v-2) Prior to final approval for placement of a child
26		with a foster or adoptive parent, the Department shall check

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1		its child abuse and neglect registry for information
2		concerning prospective foster and adoptive parents, and any
3		adult living in the home. If any prospective foster or
4		adoptive parent or other adult living in the home has resided
5		in another state in the preceding 5 years, the Department
6		shall request a check of that other state's child abuse and
7		neglect registry.
8		(v-3) Prior to the final approval of final placement of a
9		related child in a certified relative caregiver home as
10		defined in Section 2.37 of the Child Care Act of 1969, the
11		Department shall ensure that the background screening meets
12		the standards required under subsection (c) of Section 3.4 of
13		the Child Care Act of 1969.
14		(v-4) Prior to final approval for placement of a child
15		with a relative, as defined in Section 4d of this Act, who is
16		not a licensed foster parent, has declined to seek approval to
17		be a certified relative caregiver, or was denied approval as a
18		certified relative caregiver, the Department shall:
19		(i) check the child abuse and neglect registry for
20		information concerning the prospective relative caregiver
21		and any other adult living in the home. If any prospective
22		relative caregiver or other adult living in the home has
23		resided in another state in the preceding 5 years, the
24		Department shall request a check of that other state's
25		child abuse and neglect registry; and
26		(ii) conduct a criminal records background check of

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1		the prospective relative caregiver and all other adults
2		living in the home, including fingerprint-based checks of
3		national crime information databases. Final approval for
4		placement shall not be granted if the record check reveals
5		a felony conviction for child abuse or neglect, for
6		spousal abuse, for a crime against children, or for a
7		crime involving violence, including human trafficking, sex
8		trafficking, rape, sexual assault, or homicide, but not
9		including other physical assault or battery, or if there
10		is a felony conviction for physical assault, battery, or a
11		drug-related offense committed within the past 5 years;
12		provided however, that the Department is empowered to
13		grant a waiver as the Department may provide by rule, and
14		the Department approves the request for the waiver based
15		on a comprehensive evaluation of the caregiver and
16		household members and the conditions relating to the
17		safety of the placement.
18		No later than July 1, 2025, the Department shall adopt
19		rules or revise existing rules to effectuate the changes made
20		to this subsection (v-4). The rules shall outline the
21		essential elements of each form used in the implementation and
22		enforcement of the provisions of this amendatory Act of the
23		103rd General Assembly.
24		(w) (Blank).
25		(x) The Department shall conduct annual credit history
26		checks to determine the financial history of children placed

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1		under its guardianship pursuant to the Juvenile Court Act of
2		1987. The Department shall conduct such credit checks starting
3		when a youth in care turns 12 years old and each year
4		thereafter for the duration of the guardianship as terminated
5		pursuant to the Juvenile Court Act of 1987. The Department
6		shall determine if financial exploitation of the child's
7		personal information has occurred. If financial exploitation
8		appears to have taken place or is presently ongoing, the
9		Department shall notify the proper law enforcement agency, the
10		proper State's Attorney, or the Attorney General.
11		(y) Beginning on July 22, 2010 (the effective date of
12		Public Act 96-1189), a child with a disability who receives
13		residential and educational services from the Department shall
14		be eligible to receive transition services in accordance with
15		Article 14 of the School Code from the age of 14.5 through age
16		21, inclusive, notwithstanding the child's residential
17		services arrangement. For purposes of this subsection, "child
18		with a disability" means a child with a disability as defined
19		by the federal Individuals with Disabilities Education
20		Improvement Act of 2004.
21		(z) The Department shall access criminal history record
22		information as defined as "background information" in this
23		subsection and criminal history record information as defined
24		in the Illinois Uniform Conviction Information Act for each
25		Department employee or Department applicant. Each Department
26		employee or Department applicant shall submit the employee's

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1		or applicant's fingerprints to the Illinois State Police in
2		the form and manner prescribed by the Illinois State Police.
3		These fingerprints shall be checked against the fingerprint
4		records now and hereafter filed in the Illinois State Police
5		and the Federal Bureau of Investigation criminal history
6		records databases. The Illinois State Police shall charge a
7		fee for conducting the criminal history record check, which
8		shall be deposited into the State Police Services Fund and
9		shall not exceed the actual cost of the record check. The
10		Illinois State Police shall furnish, pursuant to positive
11		identification, all Illinois conviction information to the
12		Department of Children and Family Services.
13		For purposes of this subsection:
14		"Background information" means all of the following:
15		(i) Upon the request of the Department of Children and
16		Family Services, conviction information obtained from the
17		Illinois State Police as a result of a fingerprint-based
18		criminal history records check of the Illinois criminal
19		history records database and the Federal Bureau of
20		Investigation criminal history records database concerning
21		a Department employee or Department applicant.
22		(ii) Information obtained by the Department of
23		Children and Family Services after performing a check of
24		the Illinois State Police's Sex Offender Database, as
25		authorized by Section 120 of the Sex Offender Community
26		Notification Law, concerning a Department employee or

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1		Department applicant.
2		(iii) Information obtained by the Department of
3		Children and Family Services after performing a check of
4		the Child Abuse and Neglect Tracking System (CANTS)
5		operated and maintained by the Department.
6		"Department employee" means a full-time or temporary
7		employee coded or certified within the State of Illinois
8		Personnel System.
9		"Department applicant" means an individual who has
10		conditional Department full-time or part-time work, a
11		contractor, an individual used to replace or supplement staff,
12		an academic intern, a volunteer in Department offices or on
13		Department contracts, a work-study student, an individual or
14		entity licensed by the Department, or an unlicensed service
15		provider who works as a condition of a contract or an agreement
16		and whose work may bring the unlicensed service provider into
17		contact with Department clients or client records.
18		(aa) The changes made to this Section by Public Act
19		104-165 this amendatory Act of the 104th General Assembly are
20		declarative of existing law and are not a new enactment.
21		(Source: P.A. 103-22, eff. 8-8-23; 103-50, eff. 1-1-24;
22		103-546, eff. 8-11-23; 103-605, eff. 7-1-24; 103-1061, eff.
23		7-1-25; 104-107, eff. 7-1-26; 104-165, eff. 8-15-25; revised
24		9-11-25.)
25		(20 ILCS 505/5a)  (from Ch. 23, par. 5005a)

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1		Sec. 5a. Reimbursable services for which the Department of
2		Children and Family Services shall pay 100% of the reasonable
3		cost pursuant to a written contract negotiated between the
4		Department and the agency furnishing the services (which shall
5		include but not be limited to the determination of reasonable
6		cost, the services being purchased and the duration of the
7		agreement) include, but are not limited to:
8		SERVICE ACTIVITIES
9		Adjunctive Therapy;
10		Early Care and Education Child Care Service, including
11		early care and education day care;
12		Clinical Therapy;
13		Custodial Service;
14		Field Work Students;
15		Food Service;
16		Normal Education;
17		In-Service Training;
18		Intake or Evaluation, or both;
19		Medical Services;
20		Recreation;
21		Social Work or Counselling, or both;
22		Supportive Staff;
23		Volunteers.
24		OBJECT EXPENSES

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1		Professional Fees and Contract Service Payments;
2		Supplies;
3		Telephone and Telegram;
4		Occupancy;
5		Local Transportation;
6		Equipment and Other Fixed Assets, including amortization
7		of same;
8		Miscellaneous.
9		ADMINISTRATIVE COSTS
10		Program Administration;
11		Supervision and Consultation;
12		Inspection and Monitoring for purposes of issuing
13		licenses;
14		Determination of Children who are eligible
15		for federal or other reimbursement;
16		Postage and Shipping;
17		Outside Printing, Artwork, etc.;
18		Subscriptions and Reference Publications;
19		Management and General Expense.
20		Reimbursement of administrative costs other than inspection
21		and monitoring for purposes of issuing licenses may not exceed
22		20% of the costs for other services.
23		The Department may offer services to any child or family
24		with respect to whom a report of suspected child abuse or
25		neglect has been called in to the hotline after completion of a

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1		family assessment as provided under subsection (a-5) of
2		Section 7.4 of the Abused and Neglected Child Reporting Act
3		and the Department has determined that services are needed to
4		address the safety of the child and other family members and
5		the risk of subsequent maltreatment. Acceptance of such
6		services shall be voluntary.
7		All Object Expenses, Service Activities and Administrative
8		Costs are allowable.
9		If a survey instrument is used in the rate setting
10		process:
11		(a) with respect to any early care and education day
12		care centers, it shall be limited to those agencies which
13		receive reimbursement from the State;
14		(b) the cost survey instrument shall be promulgated by
15		rule;
16		(c) any requirements of the respondents shall be
17		promulgated by rule;
18		(d) all screens, limits or other tests of
19		reasonableness, allowability and reimbursability shall be
20		promulgated by rule;
21		(e) adjustments may be made by the Department to rates
22		when it determines that reported wage and salary levels
23		are insufficient to attract capable caregivers in
24		sufficient numbers.
25		The Department of Children and Family Services may pay
26		100% of the reasonable costs of research and valuation focused

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1		exclusively on services to youth in care. Such research
2		projects must be approved, in advance, by the Director of the
3		Department.
4		In addition to reimbursements otherwise provided for in
5		this Section, the Department of Human Services, through June
6		30, 2026 and Department of Early Childhood beginning on and
7		after July 1, 2026, shall, in accordance with annual written
8		agreements, make advance quarterly disbursements to local
9		public agencies for child early care and education day care
10		services with funds appropriated from the Local Effort Day
11		Care Fund.
12		Neither the Department of Children and Family Services nor
13		the Department of Human Services through June 30, 2026 and the
14		Department of Early Childhood beginning on and after July 1,
15		2026 shall pay or approve reimbursement for early care and
16		education day care in a facility which is operating without a
17		valid license or permit, except in the case of early care and
18		education day care homes or early care and education day care
19		centers which are exempt from the licensing requirements of
20		the Child Care Act of 1969.
21		The rates paid to child day care providers by the
22		Department of Children and Family Services shall match the
23		rates paid to early care and education child care providers by
24		the Department of Human Services, including base rates and any
25		relevant rate enhancements through June 30, 2026. On and after
26		July 1, 2026, the Department of Early Childhood shall pay

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1		early care and education day care providers, who service the
2		Department of Children and Family Services under the child
3		care assistance program, including base rates and any relevant
4		rate enhancements.
5		(Source: P.A. 102-926, eff. 7-1-23; 103-594, eff. 6-25-24.)
6		(20 ILCS 505/5.15)
7		(Section scheduled to be repealed on July 1, 2026)
8		Sec. 5.15. Early care and education Day care; Department
9		of Human Services.
10		(a) For the purpose of ensuring effective statewide
11		planning, development, and utilization of resources for the
12		early care and education day care of children, operated under
13		various auspices, the Department of Human Services, or any
14		State agency that assumes these responsibilities, is
15		designated to coordinate all early care and education day care
16		activities for children of the State and shall develop or
17		continue, and shall update every year, a State comprehensive
18		early care and education day-care plan for submission to the
19		Governor that identifies high-priority areas and groups,
20		relating them to available resources and identifying the most
21		effective approaches to the use of existing early care and
22		education day care services. The State comprehensive early
23		care and education day-care plan shall be made available to
24		the General Assembly following the Governor's approval of the
25		plan.

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1		The plan shall include methods and procedures for the
2		development of additional early care and education day care
3		resources for children to meet the goal of reducing short-run
4		and long-run dependency and to provide necessary enrichment
5		and stimulation to the education of young children.
6		Recommendations shall be made for State policy on optimum use
7		of private and public, local, State and federal resources,
8		including an estimate of the resources needed for the
9		licensing and regulation of early care and education day care
10		facilities.
11		A written report shall be submitted to the Governor and
12		the General Assembly annually on April 15. The report shall
13		include an evaluation of developments over the preceding
14		fiscal year, including cost-benefit analyses of various
15		arrangements. Beginning with the report in 1990 submitted by
16		the Department's predecessor agency and every 2 years
17		thereafter, the report shall also include the following:
18		(1) An assessment of the early care and education
19		child care services, needs and available resources
20		throughout the State and an assessment of the adequacy of
21		existing child care services, including, but not limited
22		to, services assisted under this Act and under any other
23		program administered by other State agencies.
24		(2) A survey of early care and education day care
25		facilities to determine the number of qualified
26		caregivers, as defined by rule, attracted to vacant

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1		positions, or retained at the current positions, and any
2		problems encountered by facilities in attracting and
3		retaining capable caregivers. The report shall include an
4		assessment, based on the survey, of improvements in
5		employee benefits that may attract capable caregivers. The
6		survey process shall incorporate feedback from groups and
7		individuals with relevant expertise or lived experience,
8		including, but not limited to, educators and early care
9		and education child care providers, regarding the
10		collection of data in order to inform strategies and costs
11		related to the Child Care Development Fund and the General
12		Revenue Fund, for the purpose of promoting workforce
13		recruitment and retention. The survey shall, at a minimum,
14		be updated every 4 years based on feedback received.
15		Initial survey updates shall be made prior to the 2025
16		survey data collection.
17		(3) The average wages and salaries and fringe benefit
18		packages paid to caregivers throughout the State, computed
19		on a regional basis, compared to similarly qualified
20		employees in other but related fields.
21		(4) The qualifications of new caregivers hired by at
22		licensed early care and education providers day care
23		facilities during the previous 2-year period.
24		(5) Recommendations for increasing caregiver wages and
25		salaries to ensure quality care for children.
26		(6) Evaluation of the fee structure and income

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1		eligibility for early care and education child care
2		subsidized by the State.
3		The requirement for reporting to the General Assembly
4		shall be satisfied by filing copies of the report as required
5		by Section 3.1 of the General Assembly Organization Act, and
6		filing such additional copies with the State Government Report
7		Distribution Center for the General Assembly as is required
8		under paragraph (t) of Section 7 of the State Library Act.
9		(b) The Department of Human Services shall establish
10		policies and procedures for developing and implementing
11		interagency agreements with other agencies of the State
12		providing child care services or reimbursement for such
13		services. The plans shall be annually reviewed and modified
14		for the purpose of addressing issues of applicability and
15		service system barriers.
16		(c) In cooperation with other State agencies, the
17		Department of Human Services shall develop and implement, or
18		shall continue, a resource and referral system for the State
19		of Illinois either within the Department or by contract with
20		local or regional agencies. Funding for implementation of this
21		system may be provided through Department appropriations or
22		other inter-agency funding arrangements. The resource and
23		referral system shall provide at least the following services:
24		(1) Assembling and maintaining a database data base on
25		the supply of early care and education child care
26		services.

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1		(2) Providing information and referrals for parents.
2		(3) Coordinating the development of new early care and
3		education child care resources.
4		(4) Providing technical assistance and training to
5		early care and education child care service providers.
6		(5) Recording and analyzing the demand for early care
7		and education child care services.
8		(d) The Department of Human Services shall conduct early
9		care and education day care planning activities with the
10		following priorities:
11		(1) Development of voluntary early care and education
12		day care resources wherever possible, with the provision
13		for grants-in-aid only where demonstrated to be useful and
14		necessary as incentives or supports. By January 1, 2002,
15		the Department shall design a plan to create more child
16		care slots as well as goals and timetables to improve
17		quality and accessibility of child care.
18		(2) Emphasis on service to children of recipients of
19		public assistance when such service will allow training or
20		employment of the parent toward achieving the goal of
21		independence.
22		(3) (Blank).
23		(4) Care of children from families in stress and
24		crises whose members potentially may become, or are in
25		danger of becoming, non-productive and dependent.
26		(5) Expansion of family early care and education day

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1		care facilities wherever possible.
2		(6) Location of centers in economically depressed
3		neighborhoods, preferably in multi-service centers with
4		cooperation of other agencies. The Department shall
5		coordinate the provision of grants, but only to the extent
6		funds are specifically appropriated for this purpose, to
7		encourage the creation and expansion of child care centers
8		in high need communities to be issued by the State,
9		business, and local governments.
10		(7) Use of existing facilities free of charge or for
11		reasonable rental whenever possible in lieu of
12		construction.
13		(8) Development of strategies for assuring a more
14		complete range of early care and education day care
15		options, including provision of early care and education
16		day care services in homes, in schools, or in centers,
17		which will enable a parent or parents to complete a course
18		of education or obtain or maintain employment and the
19		creation of more child care options for swing shift,
20		evening, and weekend workers and for working women with
21		sick children. The Department shall encourage companies to
22		provide child care in their own offices or in the building
23		in which the corporation is located so that employees of
24		all the building's tenants can benefit from the facility.
25		(9) Development of strategies for subsidizing students
26		pursuing degrees in the child care field.

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1		(10) Continuation and expansion of service programs
2		that assist teen parents to continue and complete their
3		education.
4		Emphasis shall be given to support services that will help
5		to ensure such parents' graduation from high school and to
6		services for participants in any programs of job training
7		conducted by the Department.
8		(e) The Department of Human Services shall actively
9		stimulate the development of public and private resources at
10		the local level. It shall also seek the fullest utilization of
11		federal funds directly or indirectly available to the
12		Department.
13		Where appropriate, existing non-governmental agencies or
14		associations shall be involved in planning by the Department.
15		(f) To better accommodate the child care needs of low
16		income working families, especially those who receive
17		Temporary Assistance for Needy Families (TANF) or who are
18		transitioning from TANF to work, or who are at risk of
19		depending on TANF in the absence of child care, the Department
20		shall complete a study using outcome-based assessment
21		measurements to analyze the various types of child care needs,
22		including but not limited to: child care homes; child care
23		facilities; before and after school care; and evening and
24		weekend care. Based upon the findings of the study, the
25		Department shall develop a plan by April 15, 1998, that
26		identifies the various types of child care needs within

HB3595 Enrolled - 149 - LRB104 08153 BAB 18201 b
1		various geographic locations. The plan shall include, but not
2		be limited to, the special needs of parents and guardians in
3		need of non-traditional child care services such as early
4		mornings, evenings, and weekends; the needs of very low income
5		families and children and how they might be better served; and
6		strategies to assist child care providers to meet the needs
7		and schedules of low income families.
8		(g) This Section is repealed on July 1, 2026.
9		(Source: P.A. 103-594, eff. 6-25-24; 103-1054, eff. 12-20-24;
10		104-417, eff. 8-15-25.)
11		(20 ILCS 505/21)
12		Sec. 21. Investigative powers; training.
13		(a) To make such investigations as it may deem necessary
14		to the performance of its duties.
15		(b) In the course of any such investigation any qualified
16		person authorized by the Director may administer oaths and
17		secure by its subpoena both the attendance and testimony of
18		witnesses and the production of books and papers relevant to
19		such investigation. Any person who is served with a subpoena
20		by the Department to appear and testify or to produce books and
21		papers, in the course of an investigation authorized by law,
22		and who refuses or neglects to appear, or to testify, or to
23		produce books and papers relevant to such investigation, as
24		commanded in such subpoena, shall be guilty of a Class B
25		misdemeanor. The fees of witnesses for attendance and travel

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1		shall be the same as the fees of witnesses before the circuit
2		courts of this State. Any circuit court of this State, upon
3		application of the person requesting the hearing or the
4		Department, may compel the attendance of witnesses, the
5		production of books and papers, and giving of testimony before
6		the Department or before any authorized officer or employee
7		thereof, by an attachment for contempt or otherwise, in the
8		same manner as production of evidence may be compelled before
9		such court. Every person who, having taken an oath or made
10		affirmation before the Department or any authorized officer or
11		employee thereof, shall willfully swear or affirm falsely,
12		shall be guilty of perjury and upon conviction shall be
13		punished accordingly.
14		(c) Investigations initiated under this Section shall
15		provide individuals due process of law, including the right to
16		a hearing, to cross-examine witnesses, to obtain relevant
17		documents, and to present evidence. Administrative findings
18		shall be subject to the provisions of the Administrative
19		Review Law.
20		(d) Beginning July 1, 1988, any child protective
21		investigator or supervisor or child welfare specialist or
22		supervisor employed by the Department on January 1, 1988 (the
23		effective date of Public Act 85-206) shall have completed a
24		training program which shall be instituted by the Department.
25		The training program shall include, but not be limited to, the
26		following: (1) training in the detection of symptoms of child

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1		neglect and drug abuse; (2) specialized training for dealing
2		with families and children of drug abusers; and (3) specific
3		training in child development, family dynamics and interview
4		techniques. Such program shall conform to the criteria and
5		curriculum developed under Section 4 of the Child Protective
6		Investigator and Child Welfare Specialist Certification Act of
7		1987. Failure to complete such training due to lack of
8		opportunity provided by the Department shall in no way be
9		grounds for any disciplinary or other action against an
10		investigator or a specialist.
11		The Department shall develop a continuous inservice staff
12		development program and evaluation system. Each child
13		protective investigator and supervisor and child welfare
14		specialist and supervisor shall participate in such program
15		and evaluation and shall complete a minimum of 20 hours of
16		inservice education and training every 2 years in order to
17		maintain certification.
18		Any child protective investigator or child protective
19		supervisor, or child welfare specialist or child welfare
20		specialist supervisor hired by the Department who begins
21		actual employment after January 1, 1988 (the effective date of
22		Public Act 85-206), shall be certified pursuant to the Child
23		Protective Investigator and Child Welfare Specialist
24		Certification Act of 1987 before beginning such employment.
25		Nothing in this Act shall replace or diminish the rights of
26		employees under the Illinois Public Labor Relations Act, as

HB3595 Enrolled - 152 - LRB104 08153 BAB 18201 b
1		amended, or the National Labor Relations Act. In the event of
2		any conflict between either of those Acts, or any collective
3		bargaining agreement negotiated thereunder, and the provisions
4		of subsections (d) and (e), the former shall prevail and
5		control.
6		(e) The Department shall develop and implement the
7		following:
8		(1) A safety-based child welfare intervention system.
9		(2) Related training procedures.
10		(3) A standardized method for demonstration of
11		proficiency in application of the safety-based child
12		welfare intervention system.
13		(4) An evaluation of the reliability and validity of
14		the safety-based child welfare intervention system.
15		All child protective investigators and supervisors and child
16		welfare specialists and supervisors employed by the Department
17		or its contractors shall be required, subsequent to the
18		availability of training under this Act, to demonstrate
19		proficiency in application of the safety-based child welfare
20		intervention system previous to being permitted to make safety
21		decisions about the children for whom they are responsible.
22		The Department shall establish a multi-disciplinary advisory
23		committee appointed by the Director, including, but not
24		limited to, representatives from the fields of child
25		development, domestic violence, family systems, juvenile
26		justice, law enforcement, health care, mental health,

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1		substance abuse, and social service to advise the Department
2		and its related contractors in the development and
3		implementation of the safety-based child welfare intervention
4		system, related training, method for demonstration of
5		proficiency in application of the safety-based child welfare
6		intervention system, and evaluation of the reliability and
7		validity of the safety-based child welfare intervention
8		system. The Department shall develop the safety-based child
9		welfare intervention system, training curriculum, method for
10		demonstration of proficiency in application of the
11		safety-based child welfare intervention system, and method for
12		evaluation of the reliability and validity of the safety-based
13		child welfare intervention system. Training and demonstration
14		of proficiency in application of the safety-based child
15		welfare intervention system for all child protective
16		investigators and supervisors and child welfare specialists
17		and supervisors shall be completed as soon as practicable. The
18		Department shall submit to the General Assembly on or before
19		December 31, 2026, and every year thereafter, an annual report
20		on the evaluation of the reliability and validity of the
21		safety-based child welfare intervention system. The Department
22		shall contract with a not-for-profit organization with
23		demonstrated expertise in the field of safety-based child
24		welfare intervention to assist in the development and
25		implementation of the safety-based child welfare intervention
26		system, related training, method for demonstration of

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1		proficiency in application of the safety-based child welfare
2		intervention system, and evaluation of the reliability and
3		validity of the safety-based child welfare intervention
4		system.
5		(f) The Department shall provide each parent or guardian
6		and responsible adult caregiver participating in a safety plan
7		a copy of the written safety plan as signed by each parent or
8		guardian and responsible adult caregiver and by a
9		representative of the Department. The Department shall also
10		provide each parent or guardian and responsible adult
11		caregiver safety plan information on their rights and
12		responsibilities that shall include, but need not be limited
13		to, information on how to obtain medical care, emergency phone
14		numbers, and information on how to notify schools or early
15		care and education day care providers as appropriate. The
16		Department's representative shall ensure that the safety plan
17		is reviewed and approved by the child protection supervisor.
18		(Source: P.A. 103-22, eff. 8-8-23; 103-460, eff. 1-1-24;
19		103-605, eff. 7-1-24.)
20		(20 ILCS 505/22.1)  (from Ch. 23, par. 5022.1)
21		(Section scheduled to be repealed on July 1, 2026)
22		Sec. 22.1. Grants-in-aid for child care services;
23		Department of Human Services.
24		(a) Blank.
25		(b) Blank.

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1		(c) The Department of Human Services shall establish and
2		operate early care and education day care facilities for the
3		children of migrant workers in areas of the State where they
4		are needed. The Department may provide these child day care
5		services by contracting with private centers if practicable.
6		"Migrant worker" means any person who moves seasonally from
7		one place to another, within or without the State, for the
8		purpose of employment in agricultural activities. This Section
9		is repealed on July 1, 2026.
10		(Source: P.A. 103-594, eff. 6-25-24.)
11		(20 ILCS 505/22.4)  (from Ch. 23, par. 5022.4)
12		Sec. 22.4. Low-interest loans for early care and education
13		providers child care facilities; Department of Human Services.
14		The Department of Human Services may establish, with financing
15		to be provided through the issuance of bonds by the Illinois
16		Finance Authority pursuant to the Illinois Finance Authority
17		Act, a low-interest loan program to help early care and
18		education child care centers and family early care and
19		education day care homes accomplish the following:
20		(a) establish an early care and education a child care
21		program;
22		(b) meet federal, State and local early care and
23		education child care standards as well as any applicable
24		health and safety standards; or
25		(c) build facilities or renovate or expand existing

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1		facilities.
2		Such loans shall be available only to early care and
3		education child care centers and family early care and
4		education day care homes serving children of low income
5		families.
6		(Source: P.A. 93-205, eff. 1-1-04.)
7		Section 20. The Department of Commerce and Economic
8		Opportunity Law of the Civil Administrative Code of Illinois
9		is amended by changing Section 605-1050 as follows:
10		(20 ILCS 605/605-1050)
11		Sec. 605-1050. Coronavirus Back to Business Grant Program
12		(or Back to Business Program).
13		(a) Purpose. The Department may receive State funds and,
14		directly or indirectly, federal funds under the authority of
15		legislation passed in response to the Coronavirus epidemic
16		including, but not limited to, the Coronavirus Aid, Relief,
17		and Economic Security Act, P.L. 116-136 (the "CARES Act") and
18		the American Rescue Plan Act of 2021, P.L. 117-2 (the "ARPA
19		Act"); such funds shall be used in accordance with the CARES
20		Act and ARPA Act legislation and published guidance. Section
21		5001 of the CARES Act establishes the Coronavirus Relief Fund,
22		which authorizes the State to expend funds that are necessary
23		to respond to the COVID-19 public health emergency. The
24		financial support of Qualifying Businesses is a necessary

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1		expense under federal guidance for implementing Section 5001
2		of the CARES Act. Upon receipt or availability of such State or
3		federal funds, and subject to appropriations for their use,
4		the Department shall administer a program to provide financial
5		assistance to Qualifying Businesses that have experienced
6		interruption of business or other adverse conditions
7		attributable to the COVID-19 public health emergency. Support
8		may be provided directly by the Department to businesses and
9		organizations or in cooperation with a Qualified Partner.
10		Financial assistance may include, but not be limited to
11		grants, expense reimbursements, or subsidies.
12		(b) From appropriations for the Back to Business Program,
13		up to $60,000,000 may be allotted to the repayment or
14		conversion of Eligible Loans made pursuant to the Department's
15		Emergency Loan Fund Program. An Eligible Loan may be repaid or
16		converted through a grant payment, subsidy, or reimbursement
17		payment to the recipient or, on behalf of the recipient, to the
18		Qualified Partner, or by any other lawful method.
19		(c) From appropriations for the Back to Business Program,
20		the Department shall provide financial assistance through
21		grants, expense reimbursements, or subsidies to Qualifying
22		Businesses or a Qualified Partner to cover expenses or losses
23		incurred due to the COVID-19 public health emergency or for
24		start-up costs of a new Qualifying Business. All spending
25		related to this program from federal funds must be
26		reimbursable by the Federal Coronavirus Relief Fund in

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1		accordance with Section 5001 of the federal CARES Act, the
2		ARPA Act, and any related federal guidance, or the provisions
3		of any other federal source supporting the program.
4		(d) As more fully described in subsection (c), funds will
5		be appropriated to the Back to Business Program for
6		distribution to or on behalf of Qualifying Businesses. Of the
7		funds appropriated, a minimum of 40% shall be allotted for
8		Qualifying Businesses with ZIP codes located in the most
9		disproportionately impacted areas of Illinois, based on
10		positive COVID-19 cases.
11		(e) The Department shall coordinate with the Department of
12		Human Services with respect to making grants, expense
13		reimbursements or subsidies to any early care and education
14		child care or day care provider providing services under
15		Section 9A-11 of the Illinois Public Aid Code to determine
16		what resources the Department of Human Services may be
17		providing to an early care and education a child care or day
18		care provider under Section 9A-11 of the Illinois Public Aid
19		Code.
20		(f) The Department may establish by rule administrative
21		procedures for the grant program, including any application
22		procedures, grant agreements, certifications, payment
23		methodologies, and other accountability measures that may be
24		imposed upon participants in the program. The emergency
25		rulemaking process may be used to promulgate the initial rules
26		of the grant program and any amendments to the rules following

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1		the effective date of this amendatory Act of the 102nd General
2		Assembly.
3		(g) Definitions. As used in this Section:
4		(1) "COVID-19" means the novel coronavirus disease
5		deemed COVID-19 by the World Health Organization on
6		February 11, 2020.
7		(2) "Qualifying Business" means a business or
8		organization that has experienced or is experiencing
9		business interruption or other adverse conditions due to
10		the COVID-19 public health emergency, and includes a new
11		business or organization started after March 1, 2020 in
12		the midst of adverse conditions due to the COVID-19 public
13		health emergency.
14		(3) "Eligible Loan" means a loan of up to $50,000 that
15		was deemed eligible for funding under the Department's
16		Emergency Loan Fund Program and for which repayment will
17		be eligible for reimbursement from Coronavirus Relief Fund
18		monies pursuant to Section 5001 of the federal CARES Act
19		or the ARPA Act and any related federal guidance.
20		(4) "Emergency Loan Fund Program", also referred to as
21		the "COVID-19 Emergency Relief Program", is a program
22		executed by the Department by which the State Small
23		Business Credit Initiative fund is utilized to guarantee
24		loans released by a financial intermediary or Qualified
25		Partner.
26		(5) "Qualified Partner" means a financial institution

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1		or nonprofit with which the Department has entered into an
2		agreement or contract to provide or incentivize assistance
3		to Qualifying Businesses.
4		(h) Powers of the Department. The Department has the power
5		to:
6		(1) provide grants, subsidies and expense
7		reimbursements to Qualifying Businesses or, on behalf of
8		Qualifying Businesses, to Qualifying Partners from
9		appropriations to cover Qualifying Businesses eligible
10		costs or losses incurred due to the COVID-19 public health
11		emergency, including losses caused by business
12		interruption or closure and including start-up costs for
13		new Qualifying Businesses;
14		(2) enter into agreements, accept funds, issue grants,
15		and engage in cooperation with agencies of the federal
16		government, units of local government, financial
17		institutions, and nonprofit organizations to carry out the
18		purposes of this Program, and to use funds appropriated
19		for the Back to Business Program;
20		(3) prepare forms for application, notification,
21		contract, and other matters, and establish procedures,
22		rules, or regulations deemed necessary and appropriate to
23		carry out the provisions of this Section;
24		(4) provide staff, administration, and related support
25		required to manage the Back to Business Program and pay
26		for the staffing, administration, and related support;

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1		(5) using data provided by the Illinois Department of
2		Public Health and other reputable sources, determine which
3		geographic regions in Illinois have been most
4		disproportionately impacted by the COVID-19 public health
5		emergency, considering factors of positive cases, positive
6		case rates, and economic impact; and
7		(6) determine which industries and businesses in
8		Illinois have been most disproportionately impacted by the
9		COVID-19 public health emergency and establish procedures
10		that prioritize greatly impacted industries and
11		businesses, as well as Qualifying Businesses that did not
12		receive paycheck protection program assistance.
13		(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
14		Section 25. The Illinois Enterprise Zone Act is amended by
15		changing Section 8 as follows:
16		(20 ILCS 655/8)  (from Ch. 67 1/2, par. 612)
17		Sec. 8. Zone Administration. The administration of an
18		Enterprise Zone shall be under the jurisdiction of the
19		designating municipality or county. Each designating
20		municipality or county shall, by ordinance, designate a Zone
21		Administrator for the certified zones within its jurisdiction.
22		A Zone Administrator must be an officer or employee of the
23		municipality or county. The Zone Administrator shall be the
24		liaison between the designating municipality or county, the

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1		Department, and any designated zone organizations within zones
2		under his jurisdiction.
3		A designating municipality or county may designate one or
4		more organizations qualified under paragraph (d) of Section 3
5		to be designated zone organizations for purposes of this Act.
6		The municipality or county, may, by ordinance, delegate
7		functions within an Enterprise Zone to one or more designated
8		zone organizations in such zones.
9		Subject to the necessary governmental authorizations,
10		designated zone organizations may provide the following
11		services or perform the following functions in coordination
12		with the municipality or county:
13		(a) Provide or contract for provision of public services
14		including, but not limited to:
15		(1) establishment of crime watch patrols within zone
16		neighborhoods;
17		(2) establishment of volunteer early care and
18		education day care centers;
19		(3) organization of recreational activities for zone
20		area youth;
21		(4) garbage collection;
22		(5) street maintenance and improvements;
23		(6) bridge maintenance and improvements;
24		(7) maintenance and improvement of water and sewer
25		lines;
26		(8) energy conservation projects;

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1		(9) health and clinic services;
2		(10) drug abuse programs;
3		(11) senior citizen assistance programs;
4		(12) park maintenance;
5		(13) rehabilitation, renovation, and operation and
6		maintenance of low and moderate income housing; and
7		(14) other types of public services as provided by law
8		or regulation.
9		(b) Exercise authority for the enforcement of any code,
10		permit, or licensing procedure within an Enterprise Zone.
11		(c) Provide a forum for business, labor and government
12		action on zone innovations.
13		(d) Apply for regulatory relief as provided in Section 8
14		of this Act.
15		(e) Receive title to publicly owned land.
16		(f) Perform such other functions as the responsible
17		government entity may deem appropriate, including offerings
18		and contracts for insurance with businesses within the Zone.
19		(g) Agree with local governments to provide such public
20		services within the zones by contracting with private firms
21		and organizations, where feasible and prudent.
22		(h) Solicit and receive contributions to improve the
23		quality of life in the Enterprise Zone.
24		(Source: P.A. 91-357, eff. 7-29-99.)
25		Section 30. The Department of Human Services Act is

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1		amended by changing Sections 1-75 and 10-22 as follows:
2		(20 ILCS 1305/1-75)
3		(Section scheduled to be repealed on July 1, 2026)
4		Sec. 1-75. Off-Hours Child Care Program.
5		(a) Legislative intent. The General Assembly finds that:
6		(1) Finding child care can be a challenge for
7		firefighters, paramedics, police officers, nurses, and
8		other third shift workers across the State who often work
9		non-typical work hours. This can impact home life, school,
10		bedtime routines, job safety, and the mental health of
11		some of our most critical frontline workers and their
12		families.
13		(2) There is a need for increased options for
14		off-hours child care in the State. A majority of the
15		State's child care facilities do not provide care outside
16		of normal work hours, with just 3,251 early care and
17		education day care homes and 435 group early care and
18		education day care homes that provide night care.
19		(3) Illinois has a vested interest in ensuring that
20		our first responders and working families can provide
21		their children with appropriate care during off hours to
22		improve the morale of existing first responders and to
23		improve recruitment into the future.
24		(b) As used in this Section, "first responders" means
25		emergency medical services personnel as defined in the

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1		Emergency Medical Services (EMS) Systems Act, firefighters,
2		law enforcement officers, and, as determined by the
3		Department, any other workers who, on account of their work
4		schedule, need early care and education child care outside of
5		the hours when licensed early care and education providers
6		child care facilities typically operate.
7		(c) Subject to appropriation, the Department of Human
8		Services shall establish and administer an Off-Hours Child
9		Care Program to help first responders and other workers
10		identify and access off-hours, night, or sleep time child
11		care. Services funded under the program must address the child
12		care needs of first responders. Funding provided under the
13		program may also be used to cover any capital and operating
14		expenses related to the provision of off-hours, night, or
15		sleep time early care and education child care for first
16		responders. Funding awarded under this Section shall be funded
17		through appropriations from the Off-Hours Child Care Program
18		Fund created under subsection (d). The Department shall
19		implement the program by July 1, 2023. The Department may
20		adopt any rules necessary to implement the program.
21		(d) The Off-Hours Child Care Program Fund is created as a
22		special fund in the State treasury. The Fund shall consist of
23		any moneys appropriated to the Department of Human Services
24		for the Off-Hours Early Care and Education Child Care Program.
25		Moneys in the Fund shall be expended for the Off-Hours Child
26		Care Program and for no other purpose. All interest earned on

HB3595 Enrolled - 166 - LRB104 08153 BAB 18201 b
1		moneys in the Fund shall be deposited into the Fund.
2		(e) This Section is repealed on July 1, 2026.
3		(Source: P.A. 103-154, eff. 6-30-23; 103-594, eff. 6-25-24;
4		104-417, eff. 8-15-25.)
5		(20 ILCS 1305/10-22)
6		(Section scheduled to be repealed on July 1, 2026)
7		Sec. 10-22. Great START program.
8		(a) The Department of Human Services shall, subject to a
9		specific appropriation for this purpose, operate a Great START
10		(Strategy To Attract and Retain Teachers) program. The goal of
11		the program is to improve children's developmental and
12		educational outcomes in early care and education child care by
13		encouraging increased professional preparation by staff and
14		staff retention. The Great START program shall coordinate with
15		the TEACH professional development program.
16		The program shall provide wage supplements and may include
17		other incentives to licensed child care center personnel,
18		including early childhood teachers, school-age workers, early
19		childhood assistants, school-age assistants, and directors, as
20		such positions are defined by administrative rule of the
21		Department of Children and Family Services. The program shall
22		provide wage supplements and may include other incentives to
23		licensed family early care and education day care home
24		personnel and licensed group early care and education day care
25		home personnel, including caregivers and assistants as such

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

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1		If appropriations permit, the Department may include
2		one-time longevity bonuses or other incentives to recognize
3		staff who have remained with a single employer.
4		(d) (Blank).
5		(e) This Section is repealed on July 1, 2026.
6		(Source: P.A. 103-594, eff. 6-25-24.)
7		Section 35. The Mental Health and Developmental
8		Disabilities Administrative Act is amended by changing Section
9		57.5 as follows:
10		(20 ILCS 1705/57.5)
11		Sec. 57.5. Autism diagnosis education program.
12		(a) Subject to appropriations, the Department shall
13		contract to establish an autism diagnosis education program
14		for young children. The Department shall establish the program
15		at 3 different sites in the State. The program shall have the
16		following goals:
17		(1) Providing, to medical professionals and others
18		statewide, a systems development initiative that promotes
19		best practice standards for the diagnosis and treatment
20		planning for young children who have autism spectrum
21		disorders, for the purpose of helping existing systems of
22		care to build solid circles of expertise within their
23		ranks.
24		(2) Educating medical practitioners, school personnel,

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1		early care and education day care providers, parents, and
2		community service providers (including, but not limited
3		to, early intervention and developmental disabilities
4		providers) throughout the State on appropriate diagnosis
5		and treatment of autism.
6		(3) Supporting systems of care for young children with
7		autism spectrum disorders.
8		(4) Working together with universities and
9		developmental disabilities providers to identify unmet
10		needs and resources.
11		(5) Encouraging and supporting research on optional
12		services for young children with autism spectrum
13		disorders.
14		In addition to the aforementioned items, on January 1,
15		2008, The Autism Program shall expand training and direct
16		services by deploying additional regional centers, outreach
17		centers, and community planning and network development
18		initiatives. The expanded Autism Program Service Network shall
19		consist of a comprehensive program of outreach and center
20		development utilizing model programs developed by The Autism
21		Program. This expansion shall span Illinois and support
22		consensus building, outreach, and service provision for
23		children with autism spectrum spectrums disorders and their
24		families.
25		(b) Before January 1, 2006, the Department shall report to
26		the Governor and the General Assembly concerning the progress

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1		of the autism diagnosis education program established under
2		this Section.
3		(Source: P.A. 95-707, eff. 1-11-08.)
4		Section 40. The Illinois Finance Authority Act is amended
5		by changing Section 840-5 as follows:
6		(20 ILCS 3501/840-5)
7		Sec. 840-5. The Authority shall have the following powers:
8		(a) To fix and revise from time to time and charge and
9		collect rates, rents, fees and charges for the use of and for
10		the services furnished or to be furnished by a project or other
11		health facilities owned, financed or refinanced by the
12		Authority or any portion thereof and to contract with any
13		person, partnership, association or corporation or other body,
14		public or private, in respect thereto; to coordinate its
15		policies and procedures and cooperate with recognized health
16		facility rate setting mechanisms which may now or hereafter be
17		established.
18		(b) To establish rules and regulations for the use of a
19		project or other health facilities owned, financed or
20		refinanced by the Authority or any portion thereof and to
21		designate a participating health institution as its agent to
22		establish rules and regulations for the use of a project or
23		other health facilities owned by the Authority undertaken for
24		that participating health institution.

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1		(c) To establish or contract with others to carry out on
2		its behalf a health facility project cost estimating service
3		and to make this service available on all projects to provide
4		expert cost estimates and guidance to the participating health
5		institution and to the Authority. In order to implement this
6		service and, through it, to contribute to cost containment,
7		the Authority shall have the power to require such reasonable
8		reports and documents from health facility projects as may be
9		required for this service and for the development of cost
10		reports and guidelines. The Authority may appoint a Technical
11		Committee on Health Facility Project Costs and Cost
12		Containment.
13		(d) To make mortgage or other secured or unsecured loans
14		to or for the benefit of any participating health institution
15		for the cost of a project in accordance with an agreement
16		between the Authority and the participating health
17		institution; provided that no such loan shall exceed the total
18		cost of the project as determined by the participating health
19		institution and approved by the Authority; provided further
20		that such loans may be made to any entity affiliated with a
21		participating health institution if the proceeds of such loan
22		are made available to or applied for the benefit of such
23		participating health institution.
24		(e) To make mortgage or other secured or unsecured loans
25		to or for the benefit of a participating health institution in
26		accordance with an agreement between the Authority and the

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1		participating health institution to refund outstanding
2		obligations, loans, indebtedness or advances issued, made,
3		given or incurred by such participating health institution for
4		the cost of a project; including the function to issue bonds
5		and make loans to or for the benefit of a participating health
6		institution to refinance indebtedness incurred by such
7		participating health institution in projects undertaken and
8		completed or for other health facilities acquired prior to or
9		after the enactment of this Act when the Authority finds that
10		such refinancing is in the public interest, and either
11		alleviates a financial hardship of such participating health
12		institution, or is in connection with other financing by the
13		Authority for such participating health institution or may be
14		expected to result in a lessened cost of patient care and a
15		saving to third parties, including government, and to others
16		who must pay for care, or any combination thereof; provided
17		further that such loans may be made to any entity affiliated
18		with a participating health institution if the proceeds of
19		such loan are made available to or applied for the benefit of
20		such participating health institution.
21		(f) To mortgage all or any portion of a project or other
22		health facilities and the property on which any such project
23		or other health facilities are located whether owned or
24		thereafter acquired, and to assign or pledge mortgages, deeds
25		of trust, indentures of mortgage or trust or similar
26		instruments, notes, and other securities of participating

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1		health institutions to which or for the benefit of which the
2		Authority has made loans or of entities affiliated with such
3		institutions and the revenues therefrom, including payments or
4		income from any thereof owned or held by the Authority, for the
5		benefit of the holders of bonds issued to finance such project
6		or health facilities or issued to refund or refinance
7		outstanding obligations, loans, indebtedness or advances of
8		participating health institutions as permitted by this Act.
9		(g) To lease to a participating health institution the
10		project being financed or refinanced or other health
11		facilities conveyed to the Authority in connection with such
12		financing or refinancing, upon such terms and conditions as
13		the Authority shall deem proper, and to charge and collect
14		rents therefor and to terminate any such lease upon the
15		failure of the lessee to comply with any of the obligations
16		thereof; and to include in any such lease, if desired,
17		provisions that the lessee thereof shall have options to renew
18		the lease for such period or periods and at such rent as shall
19		be determined by the Authority or to purchase any or all of the
20		health facilities or that upon payment of all of the
21		indebtedness incurred by the Authority for the financing of
22		such project or health facilities or for refunding outstanding
23		obligations, loans, indebtedness or advances of a
24		participating health institution, then the Authority may
25		convey any or all of the project or such other health
26		facilities to the lessee or lessees thereof with or without

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1		consideration.
2		(h) To make studies of needed health facilities that could
3		not sustain a loan were it made under this Act and to recommend
4		remedial action to the General Assembly; to do the same with
5		regard to any laws or regulations that prevent health
6		facilities from benefiting from this Act.
7		(i) To assist the Department of Commerce and Economic
8		Opportunity to establish and implement a program to assist
9		health facilities to identify and arrange financing for energy
10		conservation projects in buildings and facilities owned or
11		leased by health facilities.
12		(j) To assist the Department of Human Services in
13		establishing a low interest loan program to help early care
14		and education child care centers and family early care and
15		education day care homes serving children of low income
16		families under Section 22.4 of the Children and Family
17		Services Act. The Authority, on or after the effective date of
18		this amendatory Act of the 97th General Assembly, is
19		authorized to convert existing agreements for financial aid in
20		accordance with Section 840-5(j) to permanent capital to
21		leverage additional private capital and establish a revolving
22		loan fund for nonprofit corporations providing human services
23		under contract to the State.
24		(k) To assist the Department of Public Health and nursing
25		homes in undertaking nursing home conversion projects in
26		accordance with the Older Adult Services Act.

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1		(Source: P.A. 97-654, eff. 1-13-12.)
2		Section 45. The Asbestos Abatement Finance Act is amended
3		by changing Section 2 as follows:
4		(20 ILCS 3510/2)  (from Ch. 111 1/2, par. 8102)
5		Sec. 2. Definitions. The following words and terms,
6		whether or not capitalized, have the following meanings,
7		unless the context or use clearly requires otherwise:
8		"Asbestos" means asbestos as defined and used in the
9		federal Asbestos Hazard Emergency Response Act of 1986, as now
10		or hereafter amended, including the regulations promulgated
11		under that Act.
12		"Asbestos Abatement Project" means asbestos inspection,
13		planning and response action under and within the meaning of
14		the federal Asbestos Hazard Emergency Response Act of 1986, as
15		now or hereafter amended, to abate a health hazard caused
16		directly or indirectly by the existence of asbestos in any
17		building or other facility owned, operated, maintained or
18		occupied in whole or in part by a public corporation or a
19		private institution.
20		"Authority" means the Illinois Finance Authority.
21		"Board" means the Board of the Authority.
22		"Bond" means any bond, note or other evidence of
23		indebtedness issued by the Authority under this Act.
24		"Chairman" means the Chairman of the Authority.

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1		"Cost" as applied to an asbestos abatement project means
2		the costs incurred or to be incurred by a public corporation or
3		a private institution in the removal, encapsulation,
4		enclosure, repair, or maintenance of asbestos in any building
5		or other facility owned, operated, maintained or occupied in
6		whole or in part by a public corporation or a private
7		institution, including all incidental costs such as
8		engineering, architectural, consulting and legal expenses
9		incurred in connection with an asbestos abatement project,
10		plans, specifications, surveys, estimates of costs and
11		revenues, finance charges, interest before and during
12		construction of an asbestos abatement project and, for up to
13		18 months after completion of construction, other expenses
14		necessary or incident to determining the need, feasibility or
15		practicability of an asbestos abatement project,
16		administrative expenses, and such other costs, charges and
17		expenses as may be necessary or incident to the construction
18		or financing of any asbestos abatement project. As used in
19		this Act, "cost" means not only costs of an asbestos abatement
20		project expected to be incurred in the future, but costs
21		already incurred and paid by a public corporation or a private
22		institution so that a public corporation or a private
23		institution shall be permitted to reimburse itself for those
24		costs previously incurred and paid.
25		"Person" means any individual, firm, partnership,
26		association, or corporation, separately or in any combination.

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1		"Private institution" means any not-for-profit
2		organization within the meaning of Section 501(c)(3) of the
3		Internal Revenue Code of 1986, as now or hereafter amended,
4		including any private or nonpublic pre-school, early care and
5		education day care center, day or residential educational
6		institution that provides elementary or secondary education
7		for grades 12 or under, any private or nonpublic college or
8		university, or any hospital, health care or long term care
9		institution.
10		"Private institution security" means any bond, note, loan
11		agreement, or other evidence of indebtedness which a private
12		institution is legally authorized to issue or enter into for
13		the purpose of financing or refinancing the costs of an
14		asbestos abatement project.
15		"Public corporation" means any body corporate organized by
16		or under the laws of this State to carry out a public
17		governmental or proprietary function, including the State, any
18		State agency, any school district, park district, city,
19		village, incorporated town, county, township, drainage or any
20		other type of district, board, commission, authority,
21		university, public community college or any combination
22		(including any combination under Section 10 of Article VII of
23		the Illinois Constitution or under the Intergovernmental
24		Cooperation Act of 1973, as now or hereafter amended), acting
25		through their corporate authorities, and any other unit of
26		local government within the meaning of Section 1 of Article

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1		VII of the Illinois Constitution.
2		"Public corporation security" means any bond, note, loan
3		agreement, or other evidence of indebtedness which a public
4		corporation is legally authorized to issue or enter into for
5		the purpose of financing or refinancing the costs of an
6		asbestos abatement project.
7		"Secretary" means the Secretary of the Authority.
8		"State" means the State of Illinois.
9		"Treasurer" means the Treasurer of the Authority.
10		(Source: P.A. 93-205, eff. 1-1-04.)
11		Section 50. The State Agency Employees Child Care Services
12		Act is amended by changing Sections 2, 3, 4, and 5 as follows:
13		(30 ILCS 590/2)  (from Ch. 127, par. 3002)
14		Sec. 2. In this Act, unless the context otherwise
15		requires, the following terms shall have the meanings ascribed
16		to them:
17		1. "Department" means the Department of Central Management
18		Services.
19		2. "State agency" means all departments, officers,
20		commissions, boards, institutions and bodies politic and
21		corporate of the State, including the offices of Clerk of the
22		Supreme Court and Clerks of the Appellate Courts, the several
23		courts of the State and the legislature, its committees or
24		commissions.

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1		3. "Early care and education Child care services" means
2		early care and education day care home or center services as
3		defined by the Child Care Act of 1969.
4		(Source: P.A. 84-652.)
5		(30 ILCS 590/3)  (from Ch. 127, par. 3003)
6		Sec. 3. The Department may authorize a State agency to
7		contract for the provision of early care and education child
8		care services for its employees. The Department may, in
9		accordance with established rules, allow early care and
10		education day care centers to operate in State-owned or leased
11		facilities. Such facilities shall be primarily for use by
12		State employees but use by non-employees may be allowed.
13		Where a State agency enters into a contract to construct,
14		acquire or lease all or a substantial portion of a building, in
15		which more than 50 persons shall be employed, other than a
16		renewal of an existing lease, after July 1, 1990, and where a
17		need has been demonstrated, according to Section 4 of this
18		Act, on-site early care and education child care services
19		shall be provided for State employees.
20		The Department shall implement this Act and shall
21		promulgate all rules and regulations necessary for this
22		purpose. By April 1, 1991, the Department shall propose rules
23		setting forth the standards and criteria, including need and
24		feasibility, for determining if on-site early care and
25		education child care services shall be provided. The

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1		Department shall consult with the Department of Children and
2		Family Services in defining standards for early care and
3		education child care service centers established pursuant to
4		this Act to ensure compliance with the Child Care Act of 1969.
5		The Department shall establish a schedule of fees that shall
6		be charged to employees of State agencies who may obtain early
7		care and education child care services under this Act. Such
8		schedule shall be established so that charges for service are
9		based on the actual cost of care. Except as otherwise provided
10		by law for employees who may qualify for public assistance or
11		social services due to indigency or family circumstance, each
12		employee obtaining early care and education child care
13		services under this Act shall be responsible for full payment
14		of such charges. The Department shall report, on or before
15		December 31 of each year, to the Governor and the members of
16		the General Assembly, on the feasibility and implementation of
17		a plan for the provision of comprehensive early care and
18		education child care services.
19		(Source: P.A. 86-1482.)
20		(30 ILCS 590/4)  (from Ch. 127, par. 3004)
21		Sec. 4. Prior to receiving authorization from the
22		Department to contract for early care and education child care
23		services, a State agency shall demonstrate a need for such
24		services. Proof of need submitted to the Department may
25		include a survey of agency employees as well as a

HB3595 Enrolled - 181 - LRB104 08153 BAB 18201 b
1		determination of the availability of early care and education
2		child care services under such agency, through other State
3		agencies, or in the community. The Department may also require
4		submission of a feasibility, design and implementation plan,
5		which takes into consideration similar needs and services of
6		other State agencies.
7		The Department shall assist any State agency authorized to
8		procure early care and education child care services in the
9		preparation of a request for proposals, in order to assure
10		that the services provided address the specific needs of the
11		agency personnel.
12		Any State agency authorized by the Department to contract
13		for early care and education child care services shall have
14		the sole responsibility for choosing the successful bidder and
15		overseeing the operation of its child care service program
16		within the guidelines established by the Department. The
17		Department shall adopt promulgate rules pursuant to the
18		Illinois Administrative Procedure Act which detail the
19		specific standards to be used by the Director of any State
20		agency in the selection of a vendor of early care and education
21		child care services.
22		The State agency's contract shall provide for the
23		establishment of or arrangement for the use of a licensed
24		early care and education day care center or a licensed early
25		care and education day care agency, as defined in the Child
26		Care Act of 1969.

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1		State agencies with similar needs, or those with small
2		employee populations may group together to establish need and
3		contract for the provision of early care and education child
4		care services.
5		(Source: P.A. 85-1337; 86-1482.)
6		(30 ILCS 590/5)  (from Ch. 127, par. 3005)
7		Sec. 5. The General Assembly, through the Joint Committee
8		on Legislative Support Services, may contract for the
9		establishment of early care and education child care services,
10		which may also serve as a prototype or model of such services
11		for other state agencies. Such a center shall use a schedule of
12		fees and charges established by the Department under Section 3
13		of this Act. Such a center may also be used for the conduct of
14		research on child development, early care and education day
15		care standards, the effect of employer-assisted early care and
16		education child care on employee morale and productivity or
17		other subjects as determined by the Joint Committee on
18		Legislative Support Services, in consultation with the
19		Department of Children and Family Services.
20		(Source: P.A. 84-652.)
21		Section 55. The Use Tax Act is amended by changing Section
22		2c as follows:
23		(35 ILCS 105/2c)  (from Ch. 120, par. 439.2c)

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1		Sec. 2c. For purposes of this Act, a corporation, limited
2		liability company, society, association, foundation or
3		institution organized and operated exclusively for educational
4		purposes shall include: all tax-supported public schools;
5		private schools which offer systematic instruction in useful
6		branches of learning by methods common to public schools and
7		which compare favorably in their scope and intensity with the
8		course of study presented in tax-supported schools; licensed
9		early care and education day care centers as defined in
10		Section 2.09 of the Child Care Act of 1969 which are operated
11		by a not for profit corporation, society, association,
12		foundation, institution or organization; vocational or
13		technical schools or institutes organized and operated
14		exclusively to provide a course of study of not less than 6
15		weeks duration and designed to prepare individuals to follow a
16		trade or to pursue a manual, technical, mechanical,
17		industrial, business or commercial occupation.
18		However, a corporation, limited liability company,
19		society, association, foundation or institution organized and
20		operated for the purpose of offering professional, trade or
21		business seminars of short duration, self-improvement or
22		personality development courses, courses which are avocational
23		or recreational in nature, courses pursued entirely by open
24		circuit television or radio, correspondence courses, or
25		courses which do not provide specialized training within a
26		specific vocational or technical field shall not be considered

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1		to be organized and operated exclusively for educational
2		purposes.
3		(Source: P.A. 88-480.)
4		Section 60. The Service Occupation Tax Act is amended by
5		changing Section 2c as follows:
6		(35 ILCS 115/2c)  (from Ch. 120, par. 439.102c)
7		Sec. 2c. For purposes of this Act, a corporation, limited
8		liability company, society, association, foundation or
9		institution organized and operated exclusively for educational
10		purposes shall include: all tax-supported public schools;
11		private schools which offer systematic instruction in useful
12		branches of learning by methods common to public schools and
13		which compare favorably in their scope and intensity with the
14		course of study presented in tax-supported schools; licensed
15		early care and education day care centers as defined in
16		Section 2.09 of the Child Care Act of 1969 which are operated
17		by a not-for-profit corporation, society, association,
18		foundation, institution or organization; vocational or
19		technical schools or institutes organized and operated
20		exclusively to provide a course of study of not less than 6
21		weeks duration and designed to prepare individuals to follow a
22		trade or to pursue a manual, technical, mechanical,
23		industrial, business or commercial occupation.
24		However, a corporation, limited liability company,

HB3595 Enrolled - 185 - LRB104 08153 BAB 18201 b
1		society, association, foundation or institution organized and
2		operated for the purpose of offering professional, trade or
3		business seminars of short duration, self-improvement or
4		personality development courses, courses which are avocational
5		or recreational in nature, courses pursued entirely by open
6		circuit television or radio, correspondence courses, or
7		courses which do not provide specialized training within a
8		specific vocational or technical field shall not be considered
9		to be organized and operated exclusively for educational
10		purposes.
11		(Source: P.A. 88-480.)
12		Section 65. The Retailers' Occupation Tax Act is amended
13		by changing Section 2h as follows:
14		(35 ILCS 120/2h)  (from Ch. 120, par. 441h)
15		Sec. 2h. For purposes of this Act, a corporation, limited
16		liability company, society, association, foundation or
17		institution organized and operated exclusively for educational
18		purposes shall include: all tax-supported public schools;
19		private schools which offer systematic instruction in useful
20		branches of learning by methods common to public schools and
21		which compare favorably in their scope and intensity with the
22		course of study presented in tax-supported schools; licensed
23		early care and education day care centers as defined in
24		Section 2.09 of the Child Care Act of 1969 which are operated

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1		by a not for profit corporation, society, association,
2		foundation, institution or organization; vocational or
3		technical schools or institutes organized and operated
4		exclusively to provide a course of study of not less than 6
5		weeks duration and designed to prepare individuals to follow a
6		trade or to pursue a manual, technical, mechanical,
7		industrial, business or commercial occupation.
8		However, a corporation, limited liability company,
9		society, association, foundation or institution organized and
10		operated for the purpose of offering professional, trade or
11		business seminars of short duration, self-improvement or
12		personality development courses, courses which are avocational
13		or recreational in nature, courses pursued entirely by open
14		circuit television or radio, correspondence courses, or
15		courses which do not provide specialized training within a
16		specific vocational or technical field shall not be considered
17		to be organized and operated exclusively for educational
18		purposes.
19		(Source: P.A. 88-480.)
20		Section 70. The Community Self-Revitalization Act is
21		amended by changing Section 15 as follows:
22		(50 ILCS 350/15)
23		Sec. 15. Certification; Board of Economic Advisors.
24		(a) In order to receive the assistance as provided in this

HB3595 Enrolled - 187 - LRB104 08153 BAB 18201 b
1		Act, a community shall first, by ordinance passed by its
2		corporate authorities, request that the Department certify
3		that it is an economically distressed community. The community
4		must submit a certified copy of the ordinance to the
5		Department. After review of the ordinance, if the Department
6		determines that the community meets the requirements for
7		certification, the Department may certify the community as an
8		economically distressed community.
9		(b) A community that is certified by the Department as an
10		economically distressed community may appoint a Board of
11		Economic Advisors to create and implement a revitalization
12		plan for the community. The Board shall consist of 18 members
13		of the community, appointed by the mayor or the presiding
14		officer of the county or jointly by the presiding officers of
15		each municipality and county that have joined to form a
16		community for the purposes of this Act. Up to 18 Board members
17		may be appointed from the following vital sectors:
18		(1) A member representing households and families.
19		(2) A member representing religious organizations.
20		(3) A member representing educational institutions.
21		(4) A member representing early care and education
22		daycare centers, care centers for persons with
23		disabilities, and care centers for the disadvantaged.
24		(5) A member representing community based
25		organizations such as neighborhood improvement
26		associations.

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1		(6) A member representing federal and State employment
2		service systems, skill training centers, and placement
3		referrals.
4		(7) A member representing Masonic organizations,
5		fraternities, sororities, and social clubs.
6		(8) A member representing hospitals, nursing homes,
7		senior citizens, public health agencies, and funeral
8		homes.
9		(9) A member representing organized sports, parks,
10		parties, and games of chance.
11		(10) A member representing political parties, clubs,
12		and affiliations, and election related matters concerning
13		voter education and participation.
14		(11) A member representing the cultural aspects of the
15		community, including cultural events, lifestyles,
16		languages, music, visual and performing arts, and
17		literature.
18		(12) A member representing police and fire protection
19		agencies, prisons, weapons systems, and the military
20		industrial complex.
21		(13) A member representing local businesses.
22		(14) A member representing the retail industry.
23		(15) A member representing the service industry.
24		(16) A member representing the industrial, production,
25		and manufacturing sectors.
26		(17) A member representing the advertising and

HB3595 Enrolled - 189 - LRB104 08153 BAB 18201 b
1		marketing industry.
2		(18) A member representing the technology services
3		industry.
4		The Board shall meet initially within 30 days of its
5		appointment, shall select one member as chairperson at its
6		initial meeting, and shall thereafter meet at the call of the
7		chairperson. Members of the Board shall serve without
8		compensation.
9		(c) One third of the initial appointees shall serve for 2
10		years, one third shall serve for 3 years, and one third shall
11		serve for 4 years, as determined by lot. Subsequent appointees
12		shall serve terms of 5 years.
13		(d) The Board shall create a 3-year to 5-year
14		revitalization plan for the community. The plan shall contain
15		distinct, measurable objectives for revitalization. The
16		objectives shall be used to guide ongoing implementation of
17		the plan and to measure progress during the 3-year to 5-year
18		period. The Board shall work in a dynamic manner defining
19		goals for the community based on the strengths and weaknesses
20		of the individual sectors of the community as presented by
21		each member of the Board. The Board shall meet periodically
22		and revise the plan in light of the input from each member of
23		the Board concerning his or her respective sector of
24		expertise. The process shall be a community driven
25		revitalization process, with community-specific data
26		determining the direction and scope of the revitalization.

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1		(Source: P.A. 99-143, eff. 7-27-15.)
2		Section 75. The Counties Code is amended by changing
3		Sections 4-11001, 5-1097.5, 5-12020, and 5-12024 as follows:
4		(55 ILCS 5/4-11001)  (from Ch. 34, par. 4-11001)
5		(Text of Section WITH the changes made by P.A. 98-1132,
6		which has been held unconstitutional)
7		Sec. 4-11001. Juror fees. Each county shall pay to grand
8		and petit jurors for their services in attending courts the
9		sums of $25 for the first day and thereafter $50 for each day
10		of necessary attendance, or such higher amount as may be fixed
11		by the county board.
12		If a judge so orders, a juror shall also receive
13		reimbursement for the actual cost of day care incurred by the
14		juror during his or her service on a jury.
15		The juror fees for service and day care shall be paid out
16		of the county treasury.
17		The clerk of the court shall furnish to each juror without
18		fee whenever he is discharged a certificate of the number of
19		days' attendance at court, and upon presentation thereof to
20		the county treasurer, he shall pay to the juror the sum
21		provided for his service.
22		Any juror may elect to waive the fee paid for service,
23		transportation, or day care, or any combination thereof.
24		(Source: P.A. 97-840, eff. 1-1-13; 98-1132, eff. 6-1-15.)

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1		(Text of Section WITHOUT the changes made by P.A. 98-1132,
2		which has been held unconstitutional)
3		Sec. 4-11001. Juror fees. Each county shall pay to grand
4		and petit jurors for their services in attending courts the
5		sum of $4 for each day of necessary attendance at such courts
6		as jurors in counties of the first class, the sum of $5 for
7		each day in counties of the second class, and the sum of $10
8		for each day in counties of the third class, or such higher
9		amount as may be fixed by the county board.
10		In addition, jurors shall receive such travel expense as
11		may be determined by the county board, provided that jurors in
12		counties of the first class and second class shall receive at
13		least 10 cents per mile for their travel expense. Mileage
14		shall be allowed for travel during a juror's term as well as
15		for travel at the opening and closing of his term.
16		If a judge so orders, a juror shall also receive
17		reimbursement for the actual cost of early care and education
18		day care incurred by the juror during his or her service on a
19		jury.
20		The juror fees for service, transportation, and early care
21		and education day care shall be paid out of the county
22		treasury.
23		The clerk of the court shall furnish to each juror without
24		fee whenever he is discharged a certificate of the number of
25		days' attendance at court, and upon presentation thereof to

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1		the county treasurer, he shall pay to the juror the sum
2		provided for his service.
3		Any juror may elect to waive the fee paid for service,
4		transportation, or early care and education day care, or any
5		combination thereof.
6		(Source: P.A. 97-840, eff. 1-1-13.)
7		(55 ILCS 5/5-1097.5)
8		Sec. 5-1097.5. Adult entertainment facility. It is
9		prohibited within an unincorporated area of a county to locate
10		an adult entertainment facility within 3,000 feet of the
11		property boundaries of any school, early care and education
12		day care center, cemetery, public park, forest preserve,
13		public housing, place of religious worship, or residence,
14		except that in a county with a population of more than 800,000
15		and less than 2,000,000 inhabitants, it is prohibited to
16		locate, construct, or operate a new adult entertainment
17		facility within one mile of the property boundaries of any
18		school, early care and education day care center, cemetery,
19		public park, forest preserve, public housing, or place of
20		religious worship located anywhere within that county.
21		Notwithstanding any other requirements of this Section, it is
22		also prohibited to locate, construct, or operate a new adult
23		entertainment facility within one mile of the property
24		boundaries of any school, early care and education day care
25		center, cemetery, public park, forest preserve, public

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1		housing, or place of religious worship located in that area of
2		Cook County outside of the City of Chicago.
3		For the purposes of this Section, "adult entertainment
4		facility" means (i) a striptease club or pornographic movie
5		theatre whose business is the commercial sale, dissemination,
6		or distribution of sexually explicit material, shows, or other
7		exhibitions or (ii) an adult bookstore or adult video store
8		whose primary business is the commercial sale, dissemination,
9		or distribution of sexually explicit material, shows, or other
10		exhibitions. "Unincorporated area of a county" means any area
11		not within the boundaries of a municipality.
12		The State's Attorney of the county where the adult
13		entertainment facility is located or the Attorney General may
14		institute a civil action for an injunction to restrain
15		violations of this Section. In that proceeding, the court
16		shall determine whether a violation has been committed and
17		shall enter such orders as it considers necessary to remove
18		the effect of any violation and to prevent the violation from
19		continuing or from being renewed in the future.
20		(Source: P.A. 94-496, eff. 1-1-06; 95-214, eff. 8-16-07.)
21		(55 ILCS 5/5-12020)
22		(Text of Section before amendment by P.A. 104-458)
23		Sec. 5-12020. Commercial wind energy facilities and
24		commercial solar energy facilities.
25		(a) As used in this Section:

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1		"Commercial solar energy facility" means a "commercial
2		solar energy system" as defined in Section 10-720 of the
3		Property Tax Code. "Commercial solar energy facility" does not
4		mean a utility-scale solar energy facility being constructed
5		at a site that was eligible to participate in a procurement
6		event conducted by the Illinois Power Agency pursuant to
7		subsection (c-5) of Section 1-75 of the Illinois Power Agency
8		Act.
9		"Commercial wind energy facility" means a wind energy
10		conversion facility of equal or greater than 500 kilowatts in
11		total nameplate generating capacity. "Commercial wind energy
12		facility" includes a wind energy conversion facility seeking
13		an extension of a permit to construct granted by a county or
14		municipality before January 27, 2023 (the effective date of
15		Public Act 102-1123).
16		"Facility owner" means (i) a person with a direct
17		ownership interest in a commercial wind energy facility or a
18		commercial solar energy facility, or both, regardless of
19		whether the person is involved in acquiring the necessary
20		rights, permits, and approvals or otherwise planning for the
21		construction and operation of the facility, and (ii) at the
22		time the facility is being developed, a person who is acting as
23		a developer of the facility by acquiring the necessary rights,
24		permits, and approvals or by planning for the construction and
25		operation of the facility, regardless of whether the person
26		will own or operate the facility.

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1		"Nonparticipating property" means real property that is
2		not a participating property.
3		"Nonparticipating residence" means a residence that is
4		located on nonparticipating property and that is existing and
5		occupied on the date that an application for a permit to
6		develop the commercial wind energy facility or the commercial
7		solar energy facility is filed with the county.
8		"Occupied community building" means any one or more of the
9		following buildings that is existing and occupied on the date
10		that the application for a permit to develop the commercial
11		wind energy facility or the commercial solar energy facility
12		is filed with the county: a school, place of worship, day care
13		facility, public library, or community center.
14		"Participating property" means real property that is the
15		subject of a written agreement between a facility owner and
16		the owner of the real property that provides the facility
17		owner an easement, option, lease, or license to use the real
18		property for the purpose of constructing a commercial wind
19		energy facility, a commercial solar energy facility, or
20		supporting facilities. "Participating property" also includes
21		real property that is owned by a facility owner for the purpose
22		of constructing a commercial wind energy facility, a
23		commercial solar energy facility, or supporting facilities.
24		"Participating residence" means a residence that is
25		located on participating property and that is existing and
26		occupied on the date that an application for a permit to

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1		develop the commercial wind energy facility or the commercial
2		solar energy facility is filed with the county.
3		"Protected lands" means real property that is:
4		(1) subject to a permanent conservation right
5		consistent with the Real Property Conservation Rights Act;
6		or
7		(2) registered or designated as a nature preserve,
8		buffer, or land and water reserve under the Illinois
9		Natural Areas Preservation Act.
10		"Supporting facilities" means the transmission lines,
11		substations, access roads, meteorological towers, storage
12		containers, and equipment associated with the generation and
13		storage of electricity by the commercial wind energy facility
14		or commercial solar energy facility.
15		"Wind tower" includes the wind turbine tower, nacelle, and
16		blades.
17		(b) Notwithstanding any other provision of law or whether
18		the county has formed a zoning commission and adopted formal
19		zoning under Section 5-12007, a county may establish standards
20		for commercial wind energy facilities, commercial solar energy
21		facilities, or both. The standards may include all of the
22		requirements specified in this Section but may not include
23		requirements for commercial wind energy facilities or
24		commercial solar energy facilities that are more restrictive
25		than specified in this Section. A county may also regulate the
26		siting of commercial wind energy facilities with standards

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1		that are not more restrictive than the requirements specified
2		in this Section in unincorporated areas of the county that are
3		outside the zoning jurisdiction of a municipality and that are
4		outside the 1.5-mile radius surrounding the zoning
5		jurisdiction of a municipality.
6		(c) If a county has elected to establish standards under
7		subsection (b), before the county grants siting approval or a
8		special use permit for a commercial wind energy facility or a
9		commercial solar energy facility, or modification of an
10		approved siting or special use permit, the county board of the
11		county in which the facility is to be sited or the zoning board
12		of appeals for the county shall hold at least one public
13		hearing. The public hearing shall be conducted in accordance
14		with the Open Meetings Act and shall be held not more than 60
15		days after the filing of the application for the facility. The
16		county shall allow interested parties to a special use permit
17		an opportunity to present evidence and to cross-examine
18		witnesses at the hearing, but the county may impose reasonable
19		restrictions on the public hearing, including reasonable time
20		limitations on the presentation of evidence and the
21		cross-examination of witnesses. The county shall also allow
22		public comment at the public hearing in accordance with the
23		Open Meetings Act. The county shall make its siting and
24		permitting decisions not more than 30 days after the
25		conclusion of the public hearing. Notice of the hearing shall
26		be published in a newspaper of general circulation in the

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1		county. A facility owner must enter into an agricultural
2		impact mitigation agreement with the Department of Agriculture
3		prior to the date of the required public hearing. A commercial
4		wind energy facility owner seeking an extension of a permit
5		granted by a county prior to July 24, 2015 (the effective date
6		of Public Act 99-132) must enter into an agricultural impact
7		mitigation agreement with the Department of Agriculture prior
8		to a decision by the county to grant the permit extension.
9		Counties may allow test wind towers or test solar energy
10		systems to be sited without formal approval by the county
11		board.
12		(d) A county with an existing zoning ordinance in conflict
13		with this Section shall amend that zoning ordinance to be in
14		compliance with this Section within 120 days after January 27,
15		2023 (the effective date of Public Act 102-1123).
16		(e) A county may require:
17		(1) a wind tower of a commercial wind energy facility
18		to be sited as follows, with setback distances measured
19		from the center of the base of the wind tower:
20		Setback Description           Setback Distance
21		Occupied Community            2.1 times the maximum blade tip
22		Buildings                     height of the wind tower to the
23		nearest point on the outside
24		wall of the structure

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1		Participating Residences      1.1 times the maximum blade tip
2		height of the wind tower to the
3		nearest point on the outside
4		wall of the structure
5		Nonparticipating Residences   2.1 times the maximum blade tip
6		height of the wind tower to the
7		nearest point on the outside
8		wall of the structure
9		Boundary Lines of             None
10		Participating Property
11		Boundary Lines of             1.1 times the maximum blade tip
12		Nonparticipating Property     height of the wind tower to the
13		nearest point on the property
14		line of the nonparticipating
15		property
16		Public Road Rights-of-Way     1.1 times the maximum blade tip
17		height of the wind tower
18		to the center point of the
19		public road right-of-way
20		Overhead Communication and    1.1 times the maximum blade tip

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1		Electric Transmission         height of the wind tower to the
2		and Distribution Facilities   nearest edge of the property
3		(Not Including Overhead       line, easement, or
4		Utility Service Lines to      right-of-way
5		Individual Houses or          containing the overhead line
6		Outbuildings)
7		Overhead Utility Service      None
8		Lines to Individual
9		Houses or Outbuildings
10		Fish and Wildlife Areas       2.1 times the maximum blade
11		and Illinois Nature           tip height of the wind tower
12		Preserve Commission           to the nearest point on the
13		Protected Lands               property line of the fish and
14		wildlife area or protected
15		land
16		This Section does not exempt or excuse compliance with
17		electric facility clearances approved or required by the
18		National Electrical Code, the National Electrical Safety
19		Code, the Illinois Commerce Commission, and the Federal
20		Energy Regulatory Commission and their designees or
21		successors;
22		(2) a wind tower of a commercial wind energy facility
23		to be sited so that industry standard computer modeling
24		indicates that any occupied community building or

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1		nonparticipating residence will not experience more than
2		30 hours per year of shadow flicker under planned
3		operating conditions;
4		(3) a commercial solar energy facility to be sited as
5		follows, with setback distances measured from the nearest
6		edge of any component of the facility:
7		Setback Description           Setback Distance
8		Occupied Community            150 feet from the nearest
9		Buildings and Dwellings on    point on the outside wall
10		Nonparticipating Properties   of the structure
11		Boundary Lines of             None
12		Participating Property
13		Public Road Rights-of-Way     50 feet from the nearest
14		edge
15		Boundary Lines of             50 feet to the nearest
16		Nonparticipating Property     point on the property
17		line of the nonparticipating
18		property
19		(4) a commercial solar energy facility to be sited so
20		that the facility's perimeter is enclosed by fencing

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1		having a height of at least 6 feet and no more than 25
2		feet; and
3		(5) a commercial solar energy facility to be sited so
4		that no component of a solar panel has a height of more
5		than 20 feet above ground when the solar energy facility's
6		arrays are at full tilt.
7		The requirements set forth in this subsection (e) may be
8		waived subject to the written consent of the owner of each
9		affected nonparticipating property.
10		(f) A county may not set a sound limitation for wind towers
11		in commercial wind energy facilities or any components in
12		commercial solar energy facilities that is more restrictive
13		than the sound limitations established by the Illinois
14		Pollution Control Board under 35 Ill. Adm. Code Parts 900,
15		901, and 910.
16		(g) A county may not place any restriction on the
17		installation or use of a commercial wind energy facility or a
18		commercial solar energy facility unless it adopts an ordinance
19		that complies with this Section. A county may not establish
20		siting standards for supporting facilities that preclude
21		development of commercial wind energy facilities or commercial
22		solar energy facilities.
23		A request for siting approval or a special use permit for a
24		commercial wind energy facility or a commercial solar energy
25		facility, or modification of an approved siting or special use
26		permit, shall be approved if the request is in compliance with

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1		the standards and conditions imposed in this Act, the zoning
2		ordinance adopted consistent with this Code, and the
3		conditions imposed under State and federal statutes and
4		regulations.
5		(h) A county may not adopt zoning regulations that
6		disallow, permanently or temporarily, commercial wind energy
7		facilities or commercial solar energy facilities from being
8		developed or operated in any district zoned to allow
9		agricultural or industrial uses.
10		(i) A county may not require permit application fees for a
11		commercial wind energy facility or commercial solar energy
12		facility that are unreasonable. All application fees imposed
13		by the county shall be consistent with fees for projects in the
14		county with similar capital value and cost.
15		(j) Except as otherwise provided in this Section, a county
16		shall not require standards for construction, decommissioning,
17		or deconstruction of a commercial wind energy facility or
18		commercial solar energy facility or related financial
19		assurances that are more restrictive than those included in
20		the Department of Agriculture's standard wind farm
21		agricultural impact mitigation agreement, template 81818, or
22		standard solar agricultural impact mitigation agreement,
23		version 8.19.19, as applicable and in effect on December 31,
24		2022. The amount of any decommissioning payment shall be in
25		accordance with the financial assurance required by those
26		agricultural impact mitigation agreements.

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1		(j-5) A commercial wind energy facility or a commercial
2		solar energy facility shall file a farmland drainage plan with
3		the county and impacted drainage districts outlining how
4		surface and subsurface drainage of farmland will be restored
5		during and following construction or deconstruction of the
6		facility. The plan is to be created independently by the
7		facility developer and shall include the location of any
8		potentially impacted drainage district facilities to the
9		extent this information is publicly available from the county
10		or the drainage district, plans to repair any subsurface
11		drainage affected during construction or deconstruction using
12		procedures outlined in the agricultural impact mitigation
13		agreement entered into by the commercial wind energy facility
14		owner or commercial solar energy facility owner, and
15		procedures for the repair and restoration of surface drainage
16		affected during construction or deconstruction. All surface
17		and subsurface damage shall be repaired as soon as reasonably
18		practicable.
19		(k) A county may not condition approval of a commercial
20		wind energy facility or commercial solar energy facility on a
21		property value guarantee and may not require a facility owner
22		to pay into a neighboring property devaluation escrow account.
23		(l) A county may require certain vegetative screening
24		surrounding a commercial wind energy facility or commercial
25		solar energy facility but may not require earthen berms or
26		similar structures.

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1		(m) A county may set blade tip height limitations for wind
2		towers in commercial wind energy facilities but may not set a
3		blade tip height limitation that is more restrictive than the
4		height allowed under a Determination of No Hazard to Air
5		Navigation by the Federal Aviation Administration under 14 CFR
6		Part 77.
7		(n) A county may require that a commercial wind energy
8		facility owner or commercial solar energy facility owner
9		provide:
10		(1) the results and recommendations from consultation
11		with the Illinois Department of Natural Resources that are
12		obtained through the Ecological Compliance Assessment Tool
13		(EcoCAT) or a comparable successor tool; and
14		(2) the results of the United States Fish and Wildlife
15		Service's Information for Planning and Consulting
16		environmental review or a comparable successor tool that
17		is consistent with (i) the "U.S. Fish and Wildlife
18		Service's Land-Based Wind Energy Guidelines" and (ii) any
19		applicable United States Fish and Wildlife Service solar
20		wildlife guidelines that have been subject to public
21		review.
22		(o) A county may require a commercial wind energy facility
23		or commercial solar energy facility to adhere to the
24		recommendations provided by the Illinois Department of Natural
25		Resources in an EcoCAT natural resource review report under 17
26		Ill. Adm. Code Part 1075.

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1		(p) A county may require a facility owner to:
2		(1) demonstrate avoidance of protected lands as
3		identified by the Illinois Department of Natural Resources
4		and the Illinois Nature Preserve Commission; or
5		(2) consider the recommendations of the Illinois
6		Department of Natural Resources for setbacks from
7		protected lands, including areas identified by the
8		Illinois Nature Preserve Commission.
9		(q) A county may require that a facility owner provide
10		evidence of consultation with the Illinois State Historic
11		Preservation Office to assess potential impacts on
12		State-registered historic sites under the Illinois State
13		Agency Historic Resources Preservation Act.
14		(r) To maximize community benefits, including, but not
15		limited to, reduced stormwater runoff, flooding, and erosion
16		at the ground mounted solar energy system, improved soil
17		health, and increased foraging habitat for game birds,
18		songbirds, and pollinators, a county may (1) require a
19		commercial solar energy facility owner to plant, establish,
20		and maintain for the life of the facility vegetative ground
21		cover, consistent with the goals of the Pollinator-Friendly
22		Solar Site Act and (2) require the submittal of a vegetation
23		management plan that is in compliance with the agricultural
24		impact mitigation agreement in the application to construct
25		and operate a commercial solar energy facility in the county
26		if the vegetative ground cover and vegetation management plan

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1		comply with the requirements of the underlying agreement with
2		the landowner or landowners where the facility will be
3		constructed.
4		No later than 90 days after January 27, 2023 (the
5		effective date of Public Act 102-1123), the Illinois
6		Department of Natural Resources shall develop guidelines for
7		vegetation management plans that may be required under this
8		subsection for commercial solar energy facilities. The
9		guidelines must include guidance for short-term and long-term
10		property management practices that provide and maintain native
11		and non-invasive naturalized perennial vegetation to protect
12		the health and well-being of pollinators.
13		(s) If a facility owner enters into a road use agreement
14		with the Illinois Department of Transportation, a road
15		district, or other unit of local government relating to a
16		commercial wind energy facility or a commercial solar energy
17		facility, the road use agreement shall require the facility
18		owner to be responsible for (i) the reasonable cost of
19		improving roads used by the facility owner to construct the
20		commercial wind energy facility or the commercial solar energy
21		facility and (ii) the reasonable cost of repairing roads used
22		by the facility owner during construction of the commercial
23		wind energy facility or the commercial solar energy facility
24		so that those roads are in a condition that is safe for the
25		driving public after the completion of the facility's
26		construction. Roadways improved in preparation for and during

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1		the construction of the commercial wind energy facility or
2		commercial solar energy facility shall be repaired and
3		restored to the improved condition at the reasonable cost of
4		the developer if the roadways have degraded or were damaged as
5		a result of construction-related activities.
6		The road use agreement shall not require the facility
7		owner to pay costs, fees, or charges for road work that is not
8		specifically and uniquely attributable to the construction of
9		the commercial wind energy facility or the commercial solar
10		energy facility. Road-related fees, permit fees, or other
11		charges imposed by the Illinois Department of Transportation,
12		a road district, or other unit of local government under a road
13		use agreement with the facility owner shall be reasonably
14		related to the cost of administration of the road use
15		agreement.
16		(s-5) The facility owner shall also compensate landowners
17		for crop losses or other agricultural damages resulting from
18		damage to the drainage system caused by the construction of
19		the commercial wind energy facility or the commercial solar
20		energy facility. The commercial wind energy facility owner or
21		commercial solar energy facility owner shall repair or pay for
22		the repair of all damage to the subsurface drainage system
23		caused by the construction of the commercial wind energy
24		facility or the commercial solar energy facility in accordance
25		with the agriculture impact mitigation agreement requirements
26		for repair of drainage. The commercial wind energy facility

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1		owner or commercial solar energy facility owner shall repair
2		or pay for the repair and restoration of surface drainage
3		caused by the construction or deconstruction of the commercial
4		wind energy facility or the commercial solar energy facility
5		as soon as reasonably practicable.
6		(t) Notwithstanding any other provision of law, a facility
7		owner with siting approval from a county to construct a
8		commercial wind energy facility or a commercial solar energy
9		facility is authorized to cross or impact a drainage system,
10		including, but not limited to, drainage tiles, open drainage
11		ditches, culverts, and water gathering vaults, owned or under
12		the control of a drainage district under the Illinois Drainage
13		Code without obtaining prior agreement or approval from the
14		drainage district in accordance with the farmland drainage
15		plan required by subsection (j-5).
16		(u) The amendments to this Section adopted in Public Act
17		102-1123 do not apply to: (1) an application for siting
18		approval or for a special use permit for a commercial wind
19		energy facility or commercial solar energy facility if the
20		application was submitted to a unit of local government before
21		January 27, 2023 (the effective date of Public Act 102-1123);
22		(2) a commercial wind energy facility or a commercial solar
23		energy facility if the facility owner has submitted an
24		agricultural impact mitigation agreement to the Department of
25		Agriculture before January 27, 2023 (the effective date of
26		Public Act 102-1123); or (3) a commercial wind energy or

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1		commercial solar energy development on property that is
2		located within an enterprise zone certified under the Illinois
3		Enterprise Zone Act, that was classified as industrial by the
4		appropriate zoning authority on or before January 27, 2023,
5		and that is located within 4 miles of the intersection of
6		Interstate 88 and Interstate 39.
7		(Source: P.A. 103-81, eff. 6-9-23; 103-580, eff. 12-8-23;
8		104-417, eff. 8-15-25.)
9		(Text of Section after amendment by P.A. 104-458)
10		Sec. 5-12020. Commercial wind energy facilities and
11		commercial solar energy facilities.
12		(a) As used in this Section:
13		"Commercial solar energy facility" means a "commercial
14		solar energy system" as defined in Section 10-720 of the
15		Property Tax Code. "Commercial solar energy facility" does not
16		mean a utility-scale solar energy facility being constructed
17		at a site that was eligible to participate in a procurement
18		event conducted by the Illinois Power Agency pursuant to
19		subsection (c-5) of Section 1-75 of the Illinois Power Agency
20		Act.
21		"Commercial wind energy facility" means a wind energy
22		conversion facility of equal or greater than 500 kilowatts in
23		total nameplate generating capacity. "Commercial wind energy
24		facility" includes a wind energy conversion facility seeking
25		an extension of a permit to construct granted by a county or

HB3595 Enrolled - 211 - LRB104 08153 BAB 18201 b
1		municipality before January 27, 2023 (the effective date of
2		Public Act 102-1123).
3		"Facility owner" means (i) a person with a direct
4		ownership interest in a commercial wind energy facility or a
5		commercial solar energy facility, or both, regardless of
6		whether the person is involved in acquiring the necessary
7		rights, permits, and approvals or otherwise planning for the
8		construction and operation of the facility, and (ii) at the
9		time the facility is being developed, a person who is acting as
10		a developer of the facility by acquiring the necessary rights,
11		permits, and approvals or by planning for the construction and
12		operation of the facility, regardless of whether the person
13		will own or operate the facility.
14		"Nonparticipating property" means real property that is
15		not a participating property.
16		"Nonparticipating residence" means a residence that is
17		located on nonparticipating property and that is existing and
18		occupied on the date that an application for a permit to
19		develop the commercial wind energy facility or the commercial
20		solar energy facility is filed with the county.
21		"Occupied community building" means any one or more of the
22		following buildings that is existing and occupied on the date
23		that the application for a permit to develop the commercial
24		wind energy facility or the commercial solar energy facility
25		is filed with the county: a school, place of worship, early
26		care and education day care facility, public library, or

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1		community center.
2		"Participating property" means real property that is the
3		subject of a written agreement between a facility owner and
4		the owner of the real property that provides the facility
5		owner an easement, option, lease, or license to use the real
6		property for the purpose of constructing a commercial wind
7		energy facility, a commercial solar energy facility, or
8		supporting facilities. "Participating property" also includes
9		real property that is owned by a facility owner for the purpose
10		of constructing a commercial wind energy facility, a
11		commercial solar energy facility, or supporting facilities.
12		"Participating residence" means a residence that is
13		located on participating property and that is existing and
14		occupied on the date that an application for a permit to
15		develop the commercial wind energy facility or the commercial
16		solar energy facility is filed with the county.
17		"Protected lands" means real property that is:
18		(1) subject to a permanent conservation right
19		consistent with the Real Property Conservation Rights Act;
20		or
21		(2) registered or designated as a nature preserve,
22		buffer, or land and water reserve under the Illinois
23		Natural Areas Preservation Act.
24		"Supporting facilities" means the transmission lines,
25		substations, access roads, meteorological towers, storage
26		containers, and equipment associated with the generation and

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1		storage of electricity by the commercial wind energy facility
2		or commercial solar energy facility. "Supporting facilities"
3		includes energy storage systems capable of absorbing energy
4		and storing it for use at a later time, including, but not
5		limited to, batteries and other electrochemical and
6		electromechanical technologies or systems.
7		"Wind tower" includes the wind turbine tower, nacelle, and
8		blades.
9		(b) Notwithstanding any other provision of law or whether
10		the county has formed a zoning commission and adopted formal
11		zoning under Section 5-12007, a county may establish standards
12		for commercial wind energy facilities, commercial solar energy
13		facilities, or both. The standards may include all of the
14		requirements specified in this Section but may not include
15		requirements for commercial wind energy facilities or
16		commercial solar energy facilities that are more restrictive
17		than specified in this Section. A county may also regulate the
18		siting of commercial wind energy facilities with standards
19		that are not more restrictive than the requirements specified
20		in this Section in unincorporated areas of the county that are
21		outside the zoning jurisdiction of a municipality and that are
22		outside the 1.5-mile radius surrounding the zoning
23		jurisdiction of a municipality. A county may also regulate the
24		siting of commercial solar energy facilities with standards
25		that are not more restrictive than the requirements specified
26		in this Section in unincorporated areas of the county that are

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1		outside of the zoning jurisdiction of a municipality.
2		(c) If a county has elected to establish standards under
3		subsection (b), before the county grants siting approval or a
4		special use permit for a commercial wind energy facility or a
5		commercial solar energy facility, or modification of an
6		approved siting or special use permit, the county board of the
7		county in which the facility is to be sited or the zoning board
8		of appeals for the county shall hold at least one public
9		hearing. The public hearing shall be conducted in accordance
10		with the Open Meetings Act and shall conclude not more than 60
11		days after the filing of the application for the facility. The
12		county shall allow interested parties to a special use permit
13		an opportunity to present evidence and to cross-examine
14		witnesses at the hearing, but the county may impose reasonable
15		restrictions on the public hearing, including reasonable time
16		limitations on the presentation of evidence and the
17		cross-examination of witnesses. The county shall also allow
18		public comment at the public hearing in accordance with the
19		Open Meetings Act. The county shall make its siting and
20		permitting decisions not more than 30 days after the
21		conclusion of the public hearing. Notice of the hearing shall
22		be published in a newspaper of general circulation in the
23		county. A facility owner must enter into an agricultural
24		impact mitigation agreement with the Department of Agriculture
25		prior to the date of the required public hearing. A commercial
26		wind energy facility owner seeking an extension of a permit

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1		granted by a county prior to July 24, 2015 (the effective date
2		of Public Act 99-132) must enter into an agricultural impact
3		mitigation agreement with the Department of Agriculture prior
4		to a decision by the county to grant the permit extension.
5		Counties may allow test wind towers or test solar energy
6		systems to be sited without formal approval by the county
7		board.
8		(d) A county with an existing zoning ordinance in conflict
9		with this Section shall amend that zoning ordinance to be in
10		compliance with this Section within 120 days after January 27,
11		2023 (the effective date of Public Act 102-1123).
12		(e) A county may require:
13		(1) a wind tower of a commercial wind energy facility
14		to be sited as follows, with setback distances measured
15		from the center of the base of the wind tower:
16		Setback Description           Setback Distance
17		Occupied Community            2.1 times the maximum blade tip
18		Buildings                     height of the wind tower to the
19		nearest point on the outside
20		wall of the structure
21		Participating Residences      1.1 times the maximum blade tip
22		height of the wind tower to the
23		nearest point on the outside

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1		wall of the structure
2		Nonparticipating Residences   2.1 times the maximum blade tip
3		height of the wind tower to the
4		nearest point on the outside
5		wall of the structure
6		Boundary Lines of             None
7		Participating Property
8		Boundary Lines of             1.1 times the maximum blade tip
9		Nonparticipating Property     height of the wind tower to the
10		nearest point on the property
11		line of the nonparticipating
12		property
13		Public Road Rights-of-Way     1.1 times the maximum blade tip
14		height of the wind tower
15		to the center point of the
16		public road right-of-way
17		Overhead Communication and    1.1 times the maximum blade tip
18		Electric Transmission         height of the wind tower to the
19		and Distribution Facilities   nearest edge of the property
20		(Not Including Overhead       line, easement, or
21		Utility Service Lines to      right-of-way

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1		Individual Houses or          containing the overhead line
2		Outbuildings)
3		Overhead Utility Service      None
4		Lines to Individual
5		Houses or Outbuildings
6		Fish and Wildlife Areas       2.1 times the maximum blade
7		and Illinois Nature           tip height of the wind tower
8		Preserve Commission           to the nearest point on the
9		Protected Lands               property line of the fish and
10		wildlife area or protected
11		land
12		This Section does not exempt or excuse compliance with
13		electric facility clearances approved or required by the
14		National Electrical Code, the National Electrical Safety
15		Code, the Illinois Commerce Commission, and the Federal
16		Energy Regulatory Commission and their designees or
17		successors;
18		(2) a wind tower of a commercial wind energy facility
19		to be sited so that industry standard computer modeling
20		indicates that any occupied community building or
21		nonparticipating residence will not experience more than
22		30 hours per year of shadow flicker under planned
23		operating conditions;
24		(3) a commercial solar energy facility to be sited as

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1		follows, with setback distances measured from the nearest
2		edge of any above-ground component of the facility,
3		excluding fencing:
4		Setback Description           Setback Distance
5		Occupied Community            150 feet from the nearest
6		Buildings and Dwellings on    point on the outside wall
7		Nonparticipating Properties   of the structure
8		Boundary Lines of             None
9		Participating Property
10		Public Road Rights-of-Way     50 feet from the nearest
11		edge of the public
12		right-of-way
13		Boundary Lines of             50 feet to the nearest
14		Nonparticipating Property     point on the property
15		line of the nonparticipating
16		property
17		(4) a commercial solar energy facility to be sited so
18		that the facility's perimeter is enclosed by fencing
19		having a height of at least 6 feet and no more than 25
20		feet; and

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1		(5) a commercial solar energy facility to be sited so
2		that no component of a solar panel has a height of more
3		than 20 feet above ground when the solar energy facility's
4		arrays are at full tilt.
5		This subsection (e) shall not preclude the ability of a
6		county to require a reasonable setback distance between
7		fencing and public rights-of-way if the requirement is not
8		specific to commercial wind energy facilities or commercial
9		solar energy facilities and does not preclude the development
10		of commercial wind energy facilities or commercial solar
11		energy facilities or the ability of commercial wind energy
12		facilities or commercial solar energy facilities to comply
13		with the requirements set forth in this subsection (e).
14		The requirements set forth in this subsection (e) may be
15		waived subject to the written consent of the owner of each
16		affected nonparticipating property.
17		(f) A county may not set a sound limitation for wind towers
18		in commercial wind energy facilities or any components in
19		commercial solar energy facilities that is more restrictive
20		than the sound limitations established by the Illinois
21		Pollution Control Board under 35 Ill. Adm. Code Parts 900,
22		901, and 910. Additionally, in accordance with Section 25 of
23		the Environmental Protection Act, a participating property,
24		participating residence, nonparticipating property,
25		nonparticipating residence, or any combination of those
26		properties or residences may waive enforcement of the rules

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1		adopted by the Illinois Pollution Control Board under 35 Ill.
2		Adm. Code Parts 900, 901, and 910 by written waiver that
3		complies with the applicable directive established in Section
4		25 of the Environmental Protection Act and is recorded in the
5		Office of the Recorder of the county in which the
6		participating property, participating residence,
7		nonparticipating property, or nonparticipating residence is
8		located. Once recorded, such a waiver shall be binding on any
9		current and future owners, residents, lessees, invitees, and
10		users of the participating property, participating residence,
11		nonparticipating property, or nonparticipating residence for
12		enforcement purposes. An owner of any participating residence
13		or nonparticipating residence shall disclose the existence of
14		such a waiver to any lessee before entering any new lease for
15		the residence.
16		A seller or transferor of a participating property,
17		participating residence, nonparticipating property,
18		nonparticipating residence, or any combination of those
19		properties or residences shall disclose the existence of such
20		a waiver to any buyer or transferee before any sale or transfer
21		of the property. If disclosure of the waiver occurs after the
22		buyer has made an offer to purchase the property, the seller
23		shall disclose the existence of the waiver before accepting
24		the buyer's offer and shall (1) allow the buyer an opportunity
25		to review the disclosure and (2) inform the buyer that the
26		buyer has the right to amend the buyer's offer.

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1		(g) A county may not place any restriction on the
2		installation or use of a commercial wind energy facility or a
3		commercial solar energy facility unless it adopts an ordinance
4		that complies with this Section. A county may not establish
5		siting standards for supporting facilities that preclude
6		development of commercial wind energy facilities or commercial
7		solar energy facilities.
8		A request for siting approval or a special use permit for a
9		commercial wind energy facility or a commercial solar energy
10		facility, or modification of an approved siting or special use
11		permit, shall be approved if the request is in compliance with
12		the standards and conditions imposed in this Act, the zoning
13		ordinance adopted consistent with this Act, and the conditions
14		imposed under State and federal statutes and regulations.
15		(h) A county may not adopt zoning regulations that
16		disallow, permanently or temporarily, commercial wind energy
17		facilities or commercial solar energy facilities from being
18		developed or operated in any district zoned to allow
19		agricultural or industrial uses.
20		(i) (Blank).
21		(i-5) All siting approval or special use permit
22		application fees for a commercial wind energy facility or
23		commercial solar energy facility must be reasonable. Fees that
24		do not exceed $5,000 per each megawatt of nameplate capacity
25		of the energy facility, up to a maximum of $125,000, shall be
26		considered presumptively reasonable. A county may also require

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1		reimbursement from the applicant for any reasonable expenses
2		incurred by the county in processing the siting approval or
3		special use permit application in excess of the maximum fee. A
4		siting approval or special use permit shall not be subject to
5		any time deadline to start construction or obtain a building
6		permit of less than 5 years from the date of siting approval or
7		special use permit approval. A county shall allow an applicant
8		to request an extension of the deadline based upon reasonable
9		cause for the extension request. The exemption shall not be
10		unreasonably withheld, conditioned, or denied.
11		(i-10) A county may require, for a commercial wind energy
12		facility or commercial solar energy facility, a single
13		building permit and a reasonable permit fee for the facility
14		which includes all supporting facilities. County building
15		permit fees for commercial wind energy facility or commercial
16		solar energy facility that do not exceed $5,000 per each
17		megawatt of nameplate capacity of the energy facility, up to a
18		maximum of $75,000, shall be considered presumptively
19		reasonable. A county may also require reimbursement from the
20		applicant for any reasonable expenses incurred by the county
21		in processing the building permit in excess of the maximum
22		fee. A county may require an applicant, upon start of
23		construction of the facility, to maintain liability insurance
24		that is commercially reasonable and consistent with prevailing
25		industry standards for similar energy facilities.
26		(j) Except as otherwise provided in this Section, a county

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1		shall not require standards for construction, decommissioning,
2		or deconstruction of a commercial wind energy facility or
3		commercial solar energy facility or related financial
4		assurances that are more restrictive than those included in
5		the Department of Agriculture's standard wind farm
6		agricultural impact mitigation agreement, template 81818, or
7		standard solar agricultural impact mitigation agreement,
8		version 8.19.19, as applicable and in effect on December 31,
9		2022. The amount of any decommissioning payment shall be in
10		accordance with the financial assurance required by those
11		agricultural impact mitigation agreements.
12		(j-5) A commercial wind energy facility or a commercial
13		solar energy facility shall file a farmland drainage plan with
14		the county and impacted drainage districts outlining how
15		surface and subsurface drainage of farmland will be restored
16		during and following construction or deconstruction of the
17		facility. The plan is to be created independently by the
18		facility developer and shall include the location of any
19		potentially impacted drainage district facilities to the
20		extent this information is publicly available from the county
21		or the drainage district, plans to repair any subsurface
22		drainage affected during construction or deconstruction using
23		procedures outlined in the agricultural impact mitigation
24		agreement entered into by the commercial wind energy facility
25		owner or commercial solar energy facility owner, and
26		procedures for the repair and restoration of surface drainage

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1		affected during construction or deconstruction. All surface
2		and subsurface damage shall be repaired as soon as reasonably
3		practicable.
4		(k) A county may not condition approval of a commercial
5		wind energy facility or commercial solar energy facility on a
6		property value guarantee and may not require a facility owner
7		to pay into a neighboring property devaluation escrow account.
8		(l) A county may require certain vegetative screening
9		between a commercial solar energy facility and
10		nonparticipating residences. A county may not require earthen
11		berms or similar structures. Vegetative screening requirements
12		shall be commercially reasonable and limited in height at full
13		maturity to avoid reduction of the productive energy output of
14		the commercial solar energy facility. A county may not require
15		vegetative screening to exceed 5 feet in height when first
16		installed or prior to commercial operation date. The screening
17		requirements shall take into account the size and location of
18		the facility, visibility from nonparticipating residences,
19		compatibility of native plant species, cost and feasibility of
20		installation and maintenance, and industry standards and best
21		practices for commercial solar energy facilities.
22		(m) A county may set blade tip height limitations for wind
23		towers in commercial wind energy facilities but may not set a
24		blade tip height limitation that is more restrictive than the
25		height allowed under a Determination of No Hazard to Air
26		Navigation by the Federal Aviation Administration under 14 CFR

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1		Part 77.
2		(n) A county may require that a commercial wind energy
3		facility owner or commercial solar energy facility owner
4		provide:
5		(1) the results and recommendations from consultation
6		with the Illinois Department of Natural Resources that are
7		obtained through the Ecological Compliance Assessment Tool
8		(EcoCAT) or a comparable successor tool; and
9		(2) (blank).
10		(o) A county may require a commercial wind energy facility
11		or commercial solar energy facility to adhere to the
12		recommendations provided by the Illinois Department of Natural
13		Resources in an EcoCAT natural resource review report under 17
14		Ill. Adm. Code Part 1075.
15		(p) A county may require a facility owner to:
16		(1) demonstrate avoidance of protected lands as
17		identified by the Illinois Department of Natural Resources
18		and the Illinois Nature Preserve Commission; or
19		(2) consider the recommendations of the Illinois
20		Department of Natural Resources for setbacks from
21		protected lands, including areas identified by the
22		Illinois Nature Preserve Commission.
23		(q) A county may require that a facility owner provide
24		evidence of consultation with the Illinois State Historic
25		Preservation Office to assess potential impacts on
26		State-registered historic sites under the Illinois State

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1		Agency Historic Resources Preservation Act.
2		(r) To maximize community benefits, including, but not
3		limited to, reduced stormwater runoff, flooding, and erosion
4		at the ground mounted solar energy system, improved soil
5		health, and increased foraging habitat for game birds,
6		songbirds, and pollinators, a county may (1) require a
7		commercial solar energy facility owner to plant, establish,
8		and maintain for the life of the facility vegetative ground
9		cover, consistent with the goals of the Pollinator-Friendly
10		Solar Site Act and (2) require the submittal of a vegetation
11		management plan that is in compliance with the agricultural
12		impact mitigation agreement in the application to construct
13		and operate a commercial solar energy facility in the county
14		if the vegetative ground cover and vegetation management plan
15		comply with the requirements of the underlying agreement with
16		the landowner or landowners where the facility will be
17		constructed.
18		No later than 90 days after January 27, 2023 (the
19		effective date of Public Act 102-1123), the Illinois
20		Department of Natural Resources shall develop guidelines for
21		vegetation management plans that may be required under this
22		subsection for commercial solar energy facilities. The
23		guidelines must include guidance for short-term and long-term
24		property management practices that provide and maintain native
25		and non-invasive naturalized perennial vegetation to protect
26		the health and well-being of pollinators.

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1		(s) If a facility owner enters into a road use agreement
2		with the Illinois Department of Transportation, a road
3		district, or other unit of local government relating to a
4		commercial wind energy facility or a commercial solar energy
5		facility, the road use agreement shall require the facility
6		owner to be responsible for (i) the reasonable cost of
7		improving roads used by the facility owner to construct the
8		commercial wind energy facility or the commercial solar energy
9		facility and (ii) the reasonable cost of repairing roads used
10		by the facility owner during construction of the commercial
11		wind energy facility or the commercial solar energy facility
12		so that those roads are in a condition that is safe for the
13		driving public after the completion of the facility's
14		construction. Roadways improved in preparation for and during
15		the construction of the commercial wind energy facility or
16		commercial solar energy facility shall be repaired and
17		restored to the improved condition at the reasonable cost of
18		the developer if the roadways have degraded or were damaged as
19		a result of construction-related activities.
20		The road use agreement shall not require the facility
21		owner to pay costs, fees, or charges for road work that is not
22		specifically and uniquely attributable to the construction of
23		the commercial wind energy facility or the commercial solar
24		energy facility. No road district or other unit of local
25		government may request or require permit fees, fines, or other
26		payment obligations as a requirement for a road use agreement

HB3595 Enrolled - 228 - LRB104 08153 BAB 18201 b
1		with a facility owner unless the amount of the reasonable
2		permit fee or payment is equivalent to the amount of actual
3		expenses incurred by the road district or other unit of local
4		government for negotiating, executing, constructing, or
5		implementing the road use agreement. The road use agreement
6		shall not require any road work to be performed by or paid for
7		by the facility owner that is not specifically and uniquely
8		attributable to the road improvements required for the
9		construction of the commercial wind energy facility or the
10		commercial solar energy facility or the restoration of the
11		roads used by the facility owner during construction-related
12		activities.
13		(s-5) The facility owner shall also compensate landowners
14		for crop losses or other agricultural damages resulting from
15		damage to the drainage system caused by the construction of
16		the commercial wind energy facility or the commercial solar
17		energy facility. The commercial wind energy facility owner or
18		commercial solar energy facility owner shall repair or pay for
19		the repair of all damage to the subsurface drainage system
20		caused by the construction of the commercial wind energy
21		facility or the commercial solar energy facility in accordance
22		with the agriculture impact mitigation agreement requirements
23		for repair of drainage. The commercial wind energy facility
24		owner or commercial solar energy facility owner shall repair
25		or pay for the repair and restoration of surface drainage
26		caused by the construction or deconstruction of the commercial

HB3595 Enrolled - 229 - LRB104 08153 BAB 18201 b
1		wind energy facility or the commercial solar energy facility
2		as soon as reasonably practicable.
3		(t) Notwithstanding any other provision of law, a facility
4		owner with siting approval from a county to construct a
5		commercial wind energy facility or a commercial solar energy
6		facility is authorized to cross or impact a drainage system,
7		including, but not limited to, drainage tiles, open drainage
8		ditches, culverts, and water gathering vaults, owned or under
9		the control of a drainage district under the Illinois Drainage
10		Code without obtaining prior agreement or approval from the
11		drainage district in accordance with the farmland drainage
12		plan required by subsection (j-5).
13		(u) The amendments to this Section adopted in Public Act
14		102-1123 do not apply to: (1) an application for siting
15		approval or for a special use permit for a commercial wind
16		energy facility or commercial solar energy facility if the
17		application was submitted to a unit of local government before
18		January 27, 2023 (the effective date of Public Act 102-1123);
19		(2) a commercial wind energy facility or a commercial solar
20		energy facility if the facility owner has submitted an
21		agricultural impact mitigation agreement to the Department of
22		Agriculture before January 27, 2023 (the effective date of
23		Public Act 102-1123); (3) a commercial wind energy or
24		commercial solar energy development on property that is
25		located within an enterprise zone certified under the Illinois
26		Enterprise Zone Act, that was classified as industrial by the

HB3595 Enrolled - 230 - LRB104 08153 BAB 18201 b
1		appropriate zoning authority on or before January 27, 2023,
2		and that is located within 4 miles of the intersection of
3		Interstate 88 and Interstate 39; or (4) a commercial wind
4		energy or commercial solar energy development on property in
5		Madison County that is located within the area that has as its
6		northern boundary the portion of Drexelius Road that is
7		between the intersection of Drexelius Road and Wolf Road and
8		the intersection of Drexelius Road and Fosterburg Road, that
9		has as its eastern boundary the portion of Fosterburg Road
10		that is between the intersection of Fosterburg Road and
11		Drexelius Road and the intersection of Fosterburg Road and
12		Wolf Road, and that has as its southern and western boundaries
13		the portion of Wolf Road that is between the intersection of
14		Fosterburg Road and Wolf Road and the intersection of
15		Drexelius Road and Wolf Road.
16		(Source: P.A. 103-81, eff. 6-9-23; 103-580, eff. 12-8-23;
17		104-417, eff. 8-15-25; 104-458, eff. 6-1-26.)
18		(55 ILCS 5/5-12024)
19		(This Section may contain text from a Public Act with a
20		delayed effective date)
21		Sec. 5-12024. Energy storage systems.
22		(a) As used in this Section:
23		"Energy storage system" means a facility with an aggregate
24		energy capacity that is greater than 1,000 kilowatts and that
25		is capable of absorbing energy and storing it for use at a

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1		later time, including, but not limited to, electrochemical and
2		electromechanical technologies. "Energy storage system" does
3		not include technologies that require combustion. "Energy
4		storage system" also does not include energy storage systems
5		associated with commercial solar energy facilities or
6		commercial wind energy facilities as defined in Section
7		5-12020.
8		"Excused service interruption" means any period during
9		which an energy storage system does not store or discharge
10		electricity and that is planned or reasonably foreseeable for
11		standard commercial operation, including any unavailability
12		caused by a buyer; storage capacity tests; system emergencies;
13		curtailments, including curtailment orders; transmission
14		system outages; compliance with any operating restriction;
15		serial defects; and planned outages.
16		"Facility owner" means (i) a person with a direct
17		ownership interest in an energy storage system, regardless of
18		whether the person is involved in acquiring the necessary
19		rights, permits, and approvals or otherwise planning for the
20		construction and operation of the facility and (ii) a person
21		who, at the time the facility is being developed, is acting as
22		a developer of the facility by acquiring the necessary rights,
23		permits, and approvals or by planning for the construction and
24		operation of the facility, regardless of whether the person
25		will own or operate the facility.
26		"Force majeure" means any event or circumstance that

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1		delays or prevents an energy storage system from timely
2		performing all or a portion of its commercial operations if
3		the act or event, despite the exercise of commercially
4		reasonable efforts, cannot be avoided by and is beyond the
5		reasonable control, whether direct or indirect, of, and
6		without the fault or negligence of, a facility owner or
7		operator or any of its assignees. "Force majeure" includes,
8		but is not limited to:
9		(1) fire, flood, tornado, or other natural disasters
10		or acts of God;
11		(2) war, civil strife, terrorist attack, or other
12		similar acts of violence;
13		(3) unavailability of materials, equipment, services,
14		or labor, including unavailability due to global supply
15		chain shortages;
16		(4) utility or energy shortages or acts or omissions
17		of public utility providers;
18		(5) any delay resulting from a pandemic, epidemic, or
19		other public health emergency or related restrictions; and
20		(6) litigation or a regulatory proceeding regarding a
21		facility.
22		"NFPA" means the National Fire Protection Association.
23		"Nonparticipating property" means real property that is
24		not a participating property.
25		"Nonparticipating residence" means a residence that is
26		located on nonparticipating property and that exists and is

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1		occupied on the date that the application for a permit to
2		develop an energy storage system is filed with the county.
3		"Occupied community building" means a school, place of
4		worship, early care and education day care facility, public
5		library, or community center that is occupied on the date that
6		the application for a permit to develop an energy storage
7		system is filed with the county in which the building is
8		located.
9		"Participating property" means real property that is the
10		subject of a written agreement between a facility owner and
11		the owner of the real property and that provides the facility
12		owner an easement, option, lease, or license to use the real
13		property for the purpose of constructing an energy storage
14		system or supporting facilities.
15		"Protected lands" means real property that is: (i) subject
16		to a permanent conservation right consistent with the Real
17		Property Conservation Rights Act; or (ii) registered or
18		designated as a nature preserve, buffer, or land and water
19		reserve under the Illinois Natural Areas Preservation Act.
20		"Supporting facilities" means the transmission lines,
21		substations, switchyard, access roads, meteorological towers,
22		storage containers, and equipment associated with the
23		generation, storage, and dispatch of electricity by an energy
24		storage system.
25		(b) Notwithstanding any other provision of law, if a
26		county has formed a zoning commission and adopted formal

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1		zoning under Section 5-12007, then a county may establish
2		standards for energy storage systems in areas of the county
3		that are not within the zoning jurisdiction of a municipality.
4		The standards may include all of the requirements specified in
5		this Section but may not include requirements for energy
6		storage systems that are more restrictive than specified in
7		this Section or requirements that are not specified in this
8		Section.
9		(c) A county may require the energy storage facility to
10		comply with the version of NFPA 855 "Standard for the
11		Installation of Stationary Energy Storage Systems" in effect
12		on the effective date of this amendatory Act or any successor
13		standard issued by the NFPA in effect on the date of siting or
14		special use permit approval. A county may not include
15		requirements for energy storage systems that are more
16		restrictive than NFPA 855 "Standard for the Installation of
17		Stationary Energy Storage Systems" unless required by this
18		Section.
19		(d) If a county has elected to establish standards under
20		subsection (b), then the zoning board of appeals for the
21		county shall hold at least one public hearing before the
22		county grants (i) siting approval or a special use permit for
23		an energy storage system or (ii) modification of an approved
24		siting or special use permit. The public hearing shall be
25		conducted in accordance with the Open Meetings Act and shall
26		conclude not more than 60 days after the filing of the

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1		application for the facility. The county shall allow
2		interested parties to a special use permit an opportunity to
3		present evidence and to cross-examine witnesses at the
4		hearing, but the county may impose reasonable restrictions on
5		the public hearing, including reasonable time limitations on
6		the presentation of evidence and the cross-examination of
7		witnesses. The county shall also allow public comment at the
8		public hearing in accordance with the Open Meetings Act. The
9		county shall make its siting and permitting decisions not more
10		than 30 days after the conclusion of the public hearing.
11		Notice of the hearing shall be published in a newspaper of
12		general circulation in the county.
13		(e) A county with an existing zoning ordinance in conflict
14		with this Section shall amend that zoning ordinance to comply
15		with this Section within 120 days after the effective date of
16		this amendatory Act of the 104th General Assembly.
17		(f) A county shall require an energy storage system to be
18		sited as follows, with setback distances measured from the
19		nearest edge of the nearest battery or other electrochemical
20		or electromechanical enclosure:
21		Setback Description           Setback Distance
22		Occupied Community            150 feet from the nearest
23		Buildings and                 point of the outside wall of
24		Nonparticipating Residences   the occupied community building

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1		or nonparticipating residence
2		Boundary Lines of             50 feet to the nearest point
3		Occupied Community            on the property line of
4		Buildings and                 the occupied community building
5		Nonparticipating Residences   or nonparticipating property
6		Public Road Rights-of-Way     50 feet from the nearest edge
7		of the right-of-way
8		(2) A county shall also require an energy storage
9		system to be sited so that the facility's perimeter is
10		enclosed by fencing having a height of at least 7 feet and
11		no more than 25 feet.
12		This Section does not exempt or excuse compliance with
13		electric facility clearances approved or required by the
14		National Electrical Code, the National Electrical Safety Code,
15		the Illinois Commerce Commission, the Federal Energy
16		Regulatory Commission, and their designees or successors.
17		(g) A county may not set a sound limitation for energy
18		storage systems that is more restrictive than the sound
19		limitations established by the Illinois Pollution Control
20		Board under 35 Ill. Adm. Code Parts 900, 901, and 910. After
21		commercial operation, a county may require the facility owner
22		to provide, not more than once, octave band sound pressure
23		level measurements from a reasonable number of sampled
24		locations at the perimeter of the energy storage system to

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1		demonstrate compliance with this Section.
2		(h) The provisions set forth in subsection (f) may be
3		waived subject to the written consent of the owner of each
4		affected nonparticipating property or nonparticipating
5		residence.
6		(i) A county may not place any restriction on the
7		installation or use of an energy storage system unless it has
8		formed a zoning commission and adopted formal zoning under
9		Section 5-12007 and adopts an ordinance that complies with
10		this Section. A county may not establish siting standards for
11		supporting facilities that preclude development of an energy
12		storage system.
13		(j) A request for siting approval or a special use permit
14		for an energy storage system, or modification of an approved
15		siting approval or special use permit, shall be approved if
16		the request complies with the standards and conditions imposed
17		in this Code, the zoning ordinance adopted consistent with
18		this Section, and other State and federal statutes and
19		regulations. The siting approval or special use permit
20		approved by the county shall grant the facility owner a period
21		of at least 3 years after county approval to obtain a building
22		permit or commence construction of the energy storage system,
23		before the siting approval or special use permit may become
24		subject to revocation by the county. Facility owners may be
25		granted an extension on obtaining building permits or
26		commencing constructing upon a showing of good cause. A

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1		facility owner's request for an extension may not be
2		unreasonably withheld, conditioned, or denied.
3		(k) A county may not adopt zoning regulations that
4		disallow, permanently or temporarily, an energy storage system
5		from being developed or operated in any district zones to
6		allow agricultural or industrial uses.
7		(l) A facility owner shall file a farmland drainage plan
8		with the county and impacted drainage districts that outlines
9		how surface and subsurface drainage of farmland will be
10		restored during and following the construction or
11		deconstruction of the energy storage system. The plan shall be
12		created independently by the facility owner and shall include
13		the location of any potentially impacted drainage district
14		facilities to the extent the information is publicly available
15		from the county or the drainage district and plans to repair
16		any subsurface drainage affected during construction or
17		deconstruction using procedures outlined in the
18		decommissioning plan. All surface and subsurface damage shall
19		be repaired as soon as reasonably practicable.
20		(m) A facility owner shall compensate landowners for crop
21		losses or other agricultural damages resulting from damage to
22		a drainage system caused by the construction of an energy
23		storage system. The facility owner shall repair or pay for the
24		repair of all damage to the subsurface drainage system caused
25		by the construction of the energy storage system. The facility
26		owner shall repair or pay for the repair and restoration of

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1		surface drainage caused by the construction or deconstruction
2		of the energy storage facility as soon as reasonably
3		practicable.
4		(n) County siting approval or special use permit
5		application fees for an energy storage system shall not exceed
6		the lesser of (i) $5,000 per each megawatt of nameplate
7		capacity of the energy storage system or (ii) $50,000.
8		(o) The county may require a facility owner to provide a
9		decommissioning plan to the county. The decommissioning plan
10		may include all requirements for decommissioning plans in NFPA
11		855 and may also require the facility owner to:
12		(1) state how the energy storage system will be
13		decommissioned, including removal to a depth of 3 feet of
14		all structures that have no ongoing purpose and all debris
15		and restoration of the soil and any vegetation to a
16		condition as close as reasonably practicable to the soil's
17		and vegetation's preconstruction condition within 18
18		months of the end of project life or facility abandonment;
19		(2) include provisions related to commercially
20		reasonable efforts to reuse or recycle of equipment and
21		components associated with the commercial offsite energy
22		storage system;
23		(3) include financial assurance in the form of a
24		reclamation or surety bond or other commercially available
25		financial assurance that is acceptable to the county, with
26		the county or participating property owner as beneficiary.

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1		The amount of the financial assurance shall not be more
2		than the estimated cost of decommissioning the energy
3		facility, after deducting salvage value, as calculated by
4		a professional engineer licensed to practice engineering
5		in this State with expertise in preparing decommissioning
6		estimates, retained by the applicant. The financial
7		assurance shall be provided to the county incrementally as
8		follows:
9		(A) 25% before the start of full commercial
10		operation;
11		(B) 50% before the start of the 5th year of
12		commercial operation; and
13		(C) 100% by the start of the tenth year of
14		commercial operation;
15		(4) update the amount of the financial assurance not
16		more than every 5 years for the duration of commercial
17		operations. The amount shall be calculated by a
18		professional engineer licensed to practice engineering in
19		this State with expertise in decommissioning, hired by the
20		facility owner; and
21		(5) decommission the energy storage system, in
22		accordance with an approved decommissioning plan, within
23		18 months after abandonment. An energy storage system that
24		has not stored electrical energy for 12 consecutive months
25		or that fails, for a period of 6 consecutive months, to pay
26		a property owner who is party to a written agreement,

HB3595 Enrolled - 241 - LRB104 08153 BAB 18201 b
1		including, but not limited to, an easement, option, lease,
2		or license under the terms of which an energy storage
3		system is constructed on the property, amounts owed in
4		accordance with the written agreement shall be considered
5		abandoned, except when the inability to store energy is
6		the result of an event of force majeure or excused service
7		interruption.
8		(p) A county may not condition approval of an energy
9		storage system on a property value guarantee and may not
10		require a facility owner to pay into a neighboring property
11		devaluation escrow account.
12		(q) A county may require that a facility owner provide the
13		results and recommendations from consultation with the
14		Department of Natural Resources that are obtained through the
15		Ecological Compliance Assessment Tool (EcoCAT) or a comparable
16		successor tool.
17		(r) A county may require an energy storage system to
18		adhere to the recommendations provided by the Department of
19		Natural Resources in an Agency Action Report under 17 Ill.
20		Adm. Code 1075.
21		(s) A county may require a facility owner to:
22		(1) demonstrate avoidance of protected lands as
23		identified by the Department of Natural Resources and the
24		Illinois Nature Preserves Commission; or
25		(2) consider the recommendations of the Department of
26		Natural Resources for setbacks from protected lands,

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1		including areas identified by the Illinois Nature
2		Preserves Commission.
3		(t) A county may require that a facility owner provide
4		evidence of consultation with the Illinois Historic
5		Preservation Division to assess potential impacts on
6		State-registered historic sites under the Illinois State
7		Agency Historic Resources Preservation Act.
8		(u) A county may require that an application for siting
9		approval or special use permit include the following
10		information on a site plan:
11		(1) a description of the property lines and physical
12		features, including roads, for the facility site;
13		(2) a description of the proposed changes to the
14		landscape of the facility site, including vegetation
15		clearing and planting, exterior lighting, and screening or
16		structures; and
17		(3) a description of the zoning district designation
18		for the parcel of land comprising the facility site.
19		(v) A county may not prohibit an energy storage system
20		from undertaking periodic augmentation to maintain the
21		approximate original capacity of the energy storage system. A
22		county may not require renewed or additional siting approval
23		or special use permit approval of periodic augmentation to
24		maintain the approximate original capacity of the energy
25		storage system.
26		(w) A county that issues a building permit for energy

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1		storage systems shall review and process building permit
2		applications within 60 days after receipt of the building
3		permit application. If a county does not grant or deny the
4		building permit application within 60 days, the building
5		permit shall be deemed granted. If a county denies a building
6		permit application, it shall specify the reason for the denial
7		in writing as part of its denial.
8		(x) A county may require a single building permit and a
9		reasonable permit fee for the facility which includes all
10		supporting facilities. A county building permit fee for an
11		energy storage system that does not exceed the lesser of (i)
12		$5,000 per each megawatt of nameplate capacity of the energy
13		storage system or (ii) $50,000 shall be considered
14		presumptively reasonable. A county may require that the
15		application for building permit contain:
16		(1) an electrical diagram detailing the battery energy
17		storage system layout, associated components, and
18		electrical interconnection methods, with all National
19		Electrical Code compliant disconnects and overcurrent
20		devices; and
21		(2) an equipment specification sheet.
22		(y) A county may require the facility owner to submit to
23		the county prior to the facility's commercial operation a
24		commissioning report meeting the requirements of NFPA 855
25		Sections 4.2.4, 6.1.3, and 6.1.5.5, as published in 2023, or
26		the applicable Sections in the most recent version of NFPA

HB3595 Enrolled - 244 - LRB104 08153 BAB 18201 b
1		855.
2		(z) A county may require the facility owner to submit to
3		the county prior to the facility's commercial operation a
4		hazard mitigation analysis meeting the requirements of NFPA
5		855 Section 4.4 or the applicable Sections in the most recent
6		version of NFPA 855.
7		(aa) A county may require the facility owner to submit to
8		the county an emergency operations plan meeting the
9		requirements of NFPA 855 Section 4.3.2.1.4, published in 2023,
10		or applicable Sections in the most recent version of NFPA 855,
11		prior to commercial operation.
12		(bb) A county may require a warning that complies with
13		requirements in NFPA 855 Section 4.7.4, published in 2023, or
14		applicable sections in the most recent version of NFPA 855.
15		(cc) A county may require the energy storage system to
16		adhere to the principles for responsible outdoor lighting
17		provided by the International Dark-Sky Association and shall
18		limit outdoor lighting to that which is minimally required for
19		safety and operational purposes. Any outdoor lighting shall be
20		reasonably shielded and downcast from all residences and
21		adjacent properties.
22		(dd) This Section does not exempt compliance with fire and
23		safety standards and guidance established for the installation
24		of lithium-ion battery energy storage systems set by the NFPA.
25		(ee) Prior to commencement of commercial operation, the
26		facility owner shall offer to provide training for local fire

HB3595 Enrolled - 245 - LRB104 08153 BAB 18201 b
1		departments and emergency responders in accordance with the
2		facility emergency operations plan. A copy of the emergency
3		operations plan shall be given to the facility owner, the
4		local fire department, and emergency responders. All batteries
5		integrated within an energy storage system shall be listed
6		under the UL 1973 Standard. All batteries integrated within an
7		energy storage system shall be listed in accordance with UL
8		9540 Standard, either from the manufacturer or by a field
9		evaluation.
10		(ff) If a facility owner enters into a road use agreement
11		with the Department of Transportation, a road district, or
12		other unit of local government relating to an energy storage
13		system, then the road use agreement shall require the facility
14		owner to be responsible for (i) the reasonable cost of
15		improving, if necessary, roads used by the facility owner to
16		construct the energy storage system and (ii) the reasonable
17		cost of repairing roads used by the facility owner during
18		construction of the energy storage system so that those roads
19		are in a condition that is safe for the driving public after
20		the completion of the facility's construction. A roadway
21		improved in preparation for and during the construction of the
22		energy storage system shall be repaired and restored to the
23		improved condition at the reasonable cost of the developer if
24		the roadways have degraded or were damaged as a result of
25		construction-related activities.
26		The road use agreement shall not require the facility

HB3595 Enrolled - 246 - LRB104 08153 BAB 18201 b
1		owner to pay costs, fees, or charges for road work that is not
2		specifically and uniquely attributable to the construction of
3		the energy storage system. No road district or other unit of
4		local government may request or require a fine, permit fee, or
5		other payment obligation as a requirement for a road use
6		agreement with a facility owner unless the amount of the fine,
7		permit fee, or other payment obligation is equivalent to the
8		amount of actual expenses incurred by the road district or
9		other unit of local government for negotiating, executing,
10		constructing, or implementing the road use agreement. The road
11		use agreement shall not require the facility owner to perform
12		or pay for any road work that is unrelated to the road
13		improvements required for the construction of the commercial
14		wind energy facility or the commercial solar energy facility
15		or the restoration of the roads used by the facility owner
16		during construction-related activities.
17		(gg) The provisions of this amendatory Act of the 104th
18		General Assembly do not apply to an application for siting
19		approval or special use permit for an energy storage system if
20		the application was submitted to a county before the effective
21		date of this amendatory Act of the 104th General Assembly.
22		(Source: P.A. 104-458, eff. 6-1-26.)
23		Section 80. The Township Code is amended by changing
24		Section 85-13 as follows:

HB3595 Enrolled - 247 - LRB104 08153 BAB 18201 b
1		(60 ILCS 1/85-13)
2		Sec. 85-13. Township services, generally.
3		(a) The township board may either expend funds directly or
4		may enter into any cooperative agreement or contract with any
5		other governmental entity, not-for-profit corporation,
6		non-profit community service association, or any for-profit
7		business entity as provided in subsection (b) with respect to
8		the expenditure of township funds, or funds made available to
9		the township under the federal State and Local Fiscal
10		Assistance Act of 1972, to provide any of the following
11		services to the residents of the township:
12		(1) Ordinary and necessary maintenance and operating
13		expenses for the following:
14		(A) Public safety (including law enforcement, fire
15		protection, and building code enforcement).
16		(B) Environmental protection (including sewage
17		disposal, sanitation, and pollution abatement).
18		(C) Public transportation (including transit
19		systems, paratransit systems, and streets and roads).
20		(D) Health, including mental, behavioral, eye,
21		dental, or other healthcare.
22		(E) Recreation.
23		(F) Libraries.
24		(G) Social services for the poor and aged.
25		(2) Ordinary and necessary capital expenditures
26		authorized by law.

HB3595 Enrolled - 248 - LRB104 08153 BAB 18201 b
1		(3) Development and retention of business, industrial,
2		manufacturing, and tourist facilities within the township.
3		(b) To be eligible to receive funds from the township
4		under this Section, a private not-for-profit corporation or
5		community service association shall have been in existence at
6		least one year before receiving the funds. The township board
7		may, however, for the purpose of providing early care and
8		education day care services, contract with early care and
9		education providers day care facilities licensed under the
10		Child Care Act of 1969, regardless of whether the providers
11		facilities are organized on a for-profit or not-for-profit
12		basis.
13		(c) Township governments that directly expend or contract
14		for early care and education day care shall use the standard of
15		need established by the Department of Children and Family
16		Services in determining recipients of subsidized early care
17		and education day care and shall use the rate schedule used by
18		the Department of Children and Family Services for the
19		purchase of subsidized early care and education day care.
20		Notwithstanding the preceding sentence, the township board may
21		approve the application of a different, publicly available,
22		professional or academically recognized standard of need in
23		determining eligibility for subsidized early care and
24		education day care.
25		(d) Township governments that directly expend or contract
26		for senior citizen services may contract with for-profit (or

HB3595 Enrolled - 249 - LRB104 08153 BAB 18201 b
1		not-for-profit) and non-sectarian organizations as provided in
2		Sections 220-15 and 220-35.
3		(e) Those township supervisors or other elected township
4		officials who are also members of a county board shall not vote
5		on questions before the township board or the county board
6		that relate to agreements or contracts between the township
7		and the county under this Section or agreements or contracts
8		between the township and the county that are otherwise
9		authorized by law.
10		(f) The township board may enter into direct agreements
11		with for-profit corporations or other business entities to
12		carry out recycling programs in unincorporated areas of the
13		township.
14		The township board may by ordinance administer a recycling
15		program or adopt rules and regulations relating to recycling
16		programs in unincorporated areas of the township that it from
17		time to time deems necessary and may provide penalties for
18		violations of those rules and regulations.
19		(g) For purposes of alleviating high unemployment,
20		economically depressed conditions, and lack of moderately
21		priced housing, the trustees of a township that includes all
22		or a portion of a city that is a "financially distressed city"
23		under the Financially Distressed City Law may contract with
24		one or more not-for-profit or for-profit organizations to
25		construct and operate within the boundaries of the township a
26		factory designed to manufacture housing or housing components.

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1		The contract may provide for the private organization or
2		organizations to manage some or all operations of the factory
3		and may provide for (i) payment of employee compensation and
4		taxes; (ii) discharge of other legal responsibilities; (iii)
5		sale of products; (iv) disposition of the factory, equipment,
6		and other property; and (v) any other matters the township
7		trustees consider reasonable.
8		(Source: P.A. 103-192, eff. 1-1-24.)
9		Section 85. The Illinois Municipal Code is amended by
10		changing Sections 8-3-18, 11-5-1.5, 11-21.5-5, 11-74.4-3, and
11		11-80-15 as follows:
12		(65 ILCS 5/8-3-18)
13		Sec. 8-3-18. A municipality, upon a majority vote of its
14		governing authority, may abate taxes levied for corporate
15		purposes under Section 8-3-1 in an amount not to exceed 50% of
16		the donation by a taxpayer who donates not less than $10,000 to
17		a qualified program. The abatement shall not exceed the tax
18		extension on the taxpayer's real property for the levy year in
19		which the donation is made.
20		For purposes of this Section, "qualified program" means a
21		facility or a program in an area designated as a target area by
22		the governing authority of the municipality for the creation
23		or expansion of job training and counseling programs, youth
24		early care and education day care centers, congregate housing

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1		programs for senior adults, youth recreation programs, alcohol
2		and drug abuse prevention, mental health counseling programs,
3		domestic violence shelters, and other programs, facilities or
4		services approved by the governing authority as qualified
5		programs in a target area.
6		(Source: P.A. 88-389.)
7		(65 ILCS 5/11-5-1.5)
8		Sec. 11-5-1.5. Adult entertainment facility. It is
9		prohibited within a municipality to locate an adult
10		entertainment facility within 1,000 feet of the property
11		boundaries of any school, early care and education day care
12		center, cemetery, public park, forest preserve, public
13		housing, and place of religious worship, except that in a
14		county with a population of more than 800,000 and less than
15		2,000,000 inhabitants, it is prohibited to locate, construct,
16		or operate a new adult entertainment facility within one mile
17		of the property boundaries of any school, early care and
18		education day care center, cemetery, public park, forest
19		preserve, public housing, or place of religious worship
20		located anywhere within that county. Notwithstanding any other
21		requirements of this Section, it is also prohibited to locate,
22		construct, or operate a new adult entertainment facility
23		within one mile of the property boundaries of any school,
24		early care and education day care center, cemetery, public
25		park, forest preserve, public housing, or place of religious

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1		worship located in that area of Cook County outside of the City
2		of Chicago.
3		For the purposes of this Section, "adult entertainment
4		facility" means (i) a striptease club or pornographic movie
5		theatre whose business is the commercial sale, dissemination,
6		or distribution of sexually explicit material, shows, or other
7		exhibitions or (ii) an adult bookstore or adult video store in
8		which 25% or more of its stock-in-trade, books, magazines, and
9		films for sale, exhibition, or viewing on-premises are
10		sexually explicit material.
11		(Source: P.A. 95-47, eff. 1-1-08; 95-214, eff. 8-16-07;
12		95-876, eff. 8-21-08.)
13		(65 ILCS 5/11-21.5-5)
14		Sec. 11-21.5-5. Local emergency energy plans.
15		(a) Any municipality, including a home rule municipality,
16		may, by ordinance, require any electric utility (i) that
17		serves more than 1,000,000 customers in Illinois and (ii) that
18		is operating within the corporate limits of the municipality
19		to adopt and to provide the municipality with a local
20		emergency energy plan. For the purposes of this Section, (i)
21		"local emergency energy plan" or "plan" means a planned course
22		of action developed by the electric utility that is
23		implemented when the demand for electricity exceeds, or is at
24		significant risk of exceeding, the supply of electricity
25		available to the electric utility and (ii) "local emergency

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1		energy plan ordinance" means an ordinance adopted by the
2		corporate authorities of the municipality under this Section
3		that requires local emergency energy plans.
4		(b) A local emergency energy plan must include the
5		following information:
6		(1) the circumstances that would require the
7		implementation of the plan;
8		(2) the levels or stages of the plan;
9		(3) the approximate geographic limits of each outage
10		area provided for in the plan;
11		(4) the approximate number of customers within each
12		outage area provided for in the plan;
13		(5) any police facilities, fire stations, hospitals,
14		nursing homes, schools, early care and education day care
15		centers, senior citizens centers, community health
16		centers, blood banks, dialysis centers, community mental
17		health centers, correctional facilities, stormwater and
18		wastewater treatment or pumping facilities, water-pumping
19		stations, buildings in excess of 80 feet in height that
20		have been identified by the municipality, and persons on
21		life support systems that are known to the electric
22		utility that could be affected by controlled rotating
23		interruptions of electric service under the plan; and
24		(6) the anticipated sequence and duration of
25		intentional interruptions of electric service to each
26		outage area under the plan.

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1		(c) A local emergency energy plan ordinance may require
2		that, when an electric utility determines it is necessary to
3		implement a controlled rotating interruption of electric
4		service because the demand for electricity exceeds, or is at
5		significant risk of exceeding, the supply of electricity
6		available to the electric utility, the electric utility notify
7		a designated municipal officer that the electric utility will
8		be implementing its local emergency energy plan. The
9		notification shall be made pursuant to a procedure approved by
10		the municipality after consultation with the electric utility.
11		(d) After providing the notice required in subsection (c),
12		an electric utility shall reasonably and separately advise
13		designated municipal officials before it implements each level
14		or stage of the plan, which shall include (i) a request for
15		emergency help from neighboring utilities, (ii) a declaration
16		of a control area emergency, and (iii) a public appeal for
17		voluntary curtailment of electricity use.
18		(e) The electric utility must give a separate notice to a
19		designated municipal official immediately after it determines
20		that there will be a controlled rotating interruption of
21		electric service under the local emergency energy plan. The
22		notification must include (i) the areas in which service will
23		be interrupted, (ii) the sequence and estimated duration of
24		the service outage for each area, (iii) the affected feeders,
25		and (iv) the number of affected customers in each area.
26		Whenever practical, the notification shall be made at least 2

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1		hours before the time of the outages. If the electric utility
2		is aware that controlled rotating interruptions may be
3		required, the notification may not be made less than 30
4		minutes before the outages.
5		(f) A local emergency energy plan ordinance may provide
6		civil penalties for violations of its provisions. The
7		penalties must be permitted under the Illinois Municipal Code.
8		(g) The notifications required by this Section are in
9		addition to the notification requirements of any applicable
10		franchise agreement or ordinance and to the notification
11		requirements of any applicable federal or State law, rule, and
12		regulation.
13		(h) Except for any penalties or remedies that may be
14		provided in a local emergency energy plan ordinance, in this
15		Act, or in rules adopted by the Illinois Commerce Commission,
16		nothing in this Section shall be construed to impose liability
17		for or prevent a utility from taking any actions that are
18		necessary at any time, in any order, and with or without notice
19		that are required to preserve the integrity of the electric
20		utility's electrical system and interconnected network.
21		(i) Nothing in this Section, a local emergency energy plan
22		ordinance, or a local emergency energy plan creates any duty
23		of a municipality to any person or entity. No municipality may
24		be subject to any claim or cause of action arising, directly or
25		indirectly, from its decision to adopt or to refrain from
26		adopting a local emergency energy plan ordinance. No

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1		municipality may be subject to any claim or cause of action
2		arising, directly or indirectly, from any act or omission
3		under the terms of or information provided in a local
4		emergency energy plan filed under a local emergency energy
5		plan ordinance.
6		(Source: P.A. 92-651, eff. 7-11-02; 93-293, eff. 7-22-03.)
7		(65 ILCS 5/11-74.4-3)  (from Ch. 24, par. 11-74.4-3)
8		(Text of Section before amendment by P.A. 104-457)
9		Sec. 11-74.4-3. Definitions. The following terms, wherever
10		used or referred to in this Division 74.4 shall have the
11		following respective meanings, unless in any case a different
12		meaning clearly appears from the context.
13		(a) For any redevelopment project area that has been
14		designated pursuant to this Section by an ordinance adopted
15		prior to November 1, 1999 (the effective date of Public Act
16		91-478), "blighted area" shall have the meaning set forth in
17		this Section prior to that date.
18		On and after November 1, 1999, "blighted area" means any
19		improved or vacant area within the boundaries of a
20		redevelopment project area located within the territorial
21		limits of the municipality where:
22		(1) If improved, industrial, commercial, and
23		residential buildings or improvements are detrimental to
24		the public safety, health, or welfare because of a
25		combination of 5 or more of the following factors, each of

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1		which is (i) present, with that presence documented, to a
2		meaningful extent so that a municipality may reasonably
3		find that the factor is clearly present within the intent
4		of the Act and (ii) reasonably distributed throughout the
5		improved part of the redevelopment project area:
6		(A) Dilapidation. An advanced state of disrepair
7		or neglect of necessary repairs to the primary
8		structural components of buildings or improvements in
9		such a combination that a documented building
10		condition analysis determines that major repair is
11		required or the defects are so serious and so
12		extensive that the buildings must be removed.
13		(B) Obsolescence. The condition or process of
14		falling into disuse. Structures have become ill-suited
15		for the original use.
16		(C) Deterioration. With respect to buildings,
17		defects including, but not limited to, major defects
18		in the secondary building components such as doors,
19		windows, porches, gutters and downspouts, and fascia.
20		With respect to surface improvements, that the
21		condition of roadways, alleys, curbs, gutters,
22		sidewalks, off-street parking, and surface storage
23		areas evidence deterioration, including, but not
24		limited to, surface cracking, crumbling, potholes,
25		depressions, loose paving material, and weeds
26		protruding through paved surfaces.

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1		(D) Presence of structures below minimum code
2		standards. All structures that do not meet the
3		standards of zoning, subdivision, building, fire, and
4		other governmental codes applicable to property, but
5		not including housing and property maintenance codes.
6		(E) Illegal use of individual structures. The use
7		of structures in violation of applicable federal,
8		State, or local laws, exclusive of those applicable to
9		the presence of structures below minimum code
10		standards.
11		(F) Excessive vacancies. The presence of buildings
12		that are unoccupied or under-utilized and that
13		represent an adverse influence on the area because of
14		the frequency, extent, or duration of the vacancies.
15		(G) Lack of ventilation, light, or sanitary
16		facilities. The absence of adequate ventilation for
17		light or air circulation in spaces or rooms without
18		windows, or that require the removal of dust, odor,
19		gas, smoke, or other noxious airborne materials.
20		Inadequate natural light and ventilation means the
21		absence of skylights or windows for interior spaces or
22		rooms and improper window sizes and amounts by room
23		area to window area ratios. Inadequate sanitary
24		facilities refers to the absence or inadequacy of
25		garbage storage and enclosure, bathroom facilities,
26		hot water and kitchens, and structural inadequacies

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1		preventing ingress and egress to and from all rooms
2		and units within a building.
3		(H) Inadequate utilities. Underground and overhead
4		utilities such as storm sewers and storm drainage,
5		sanitary sewers, water lines, and gas, telephone, and
6		electrical services that are shown to be inadequate.
7		Inadequate utilities are those that are: (i) of
8		insufficient capacity to serve the uses in the
9		redevelopment project area, (ii) deteriorated,
10		antiquated, obsolete, or in disrepair, or (iii)
11		lacking within the redevelopment project area.
12		(I) Excessive land coverage and overcrowding of
13		structures and community facilities. The
14		over-intensive use of property and the crowding of
15		buildings and accessory facilities onto a site.
16		Examples of problem conditions warranting the
17		designation of an area as one exhibiting excessive
18		land coverage are: (i) the presence of buildings
19		either improperly situated on parcels or located on
20		parcels of inadequate size and shape in relation to
21		present-day standards of development for health and
22		safety and (ii) the presence of multiple buildings on
23		a single parcel. For there to be a finding of excessive
24		land coverage, these parcels must exhibit one or more
25		of the following conditions: insufficient provision
26		for light and air within or around buildings,

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1		increased threat of spread of fire due to the close
2		proximity of buildings, lack of adequate or proper
3		access to a public right-of-way, lack of reasonably
4		required off-street parking, or inadequate provision
5		for loading and service.
6		(J) Deleterious land use or layout. The existence
7		of incompatible land-use relationships, buildings
8		occupied by inappropriate mixed-uses, or uses
9		considered to be noxious, offensive, or unsuitable for
10		the surrounding area.
11		(K) Environmental clean-up. The proposed
12		redevelopment project area has incurred Illinois
13		Environmental Protection Agency or United States
14		Environmental Protection Agency remediation costs for,
15		or a study conducted by an independent consultant
16		recognized as having expertise in environmental
17		remediation has determined a need for, the clean-up of
18		hazardous waste, hazardous substances, or underground
19		storage tanks required by State or federal law,
20		provided that the remediation costs constitute a
21		material impediment to the development or
22		redevelopment of the redevelopment project area.
23		(L) Lack of community planning. The proposed
24		redevelopment project area was developed prior to or
25		without the benefit or guidance of a community plan.
26		This means that the development occurred prior to the

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1		adoption by the municipality of a comprehensive or
2		other community plan or that the plan was not followed
3		at the time of the area's development. This factor
4		must be documented by evidence of adverse or
5		incompatible land-use relationships, inadequate street
6		layout, improper subdivision, parcels of inadequate
7		shape and size to meet contemporary development
8		standards, or other evidence demonstrating an absence
9		of effective community planning.
10		(M) The total equalized assessed value of the
11		proposed redevelopment project area has declined for 3
12		of the last 5 calendar years prior to the year in which
13		the redevelopment project area is designated or is
14		increasing at an annual rate that is less than the
15		balance of the municipality for 3 of the last 5
16		calendar years for which information is available or
17		is increasing at an annual rate that is less than the
18		Consumer Price Index for All Urban Consumers published
19		by the United States Department of Labor or successor
20		agency for 3 of the last 5 calendar years prior to the
21		year in which the redevelopment project area is
22		designated.
23		(2) If vacant, the sound growth of the redevelopment
24		project area is impaired by a combination of 2 or more of
25		the following factors, each of which is (i) present, with
26		that presence documented, to a meaningful extent so that a

HB3595 Enrolled - 262 - LRB104 08153 BAB 18201 b
1		municipality may reasonably find that the factor is
2		clearly present within the intent of the Act and (ii)
3		reasonably distributed throughout the vacant part of the
4		redevelopment project area to which it pertains:
5		(A) Obsolete platting of vacant land that results
6		in parcels of limited or narrow size or configurations
7		of parcels of irregular size or shape that would be
8		difficult to develop on a planned basis and in a manner
9		compatible with contemporary standards and
10		requirements, or platting that failed to create
11		rights-of-ways for streets or alleys or that created
12		inadequate right-of-way widths for streets, alleys, or
13		other public rights-of-way or that omitted easements
14		for public utilities.
15		(B) Diversity of ownership of parcels of vacant
16		land sufficient in number to retard or impede the
17		ability to assemble the land for development.
18		(C) Tax and special assessment delinquencies exist
19		or the property has been the subject of tax sales under
20		the Property Tax Code within the last 5 years.
21		(D) Deterioration of structures or site
22		improvements in neighboring areas adjacent to the
23		vacant land.
24		(E) The area has incurred Illinois Environmental
25		Protection Agency or United States Environmental
26		Protection Agency remediation costs for, or a study

HB3595 Enrolled - 263 - LRB104 08153 BAB 18201 b
1		conducted by an independent consultant recognized as
2		having expertise in environmental remediation has
3		determined a need for, the clean-up of hazardous
4		waste, hazardous substances, or underground storage
5		tanks required by State or federal law, provided that
6		the remediation costs constitute a material impediment
7		to the development or redevelopment of the
8		redevelopment project area.
9		(F) The total equalized assessed value of the
10		proposed redevelopment project area has declined for 3
11		of the last 5 calendar years prior to the year in which
12		the redevelopment project area is designated or is
13		increasing at an annual rate that is less than the
14		balance of the municipality for 3 of the last 5
15		calendar years for which information is available or
16		is increasing at an annual rate that is less than the
17		Consumer Price Index for All Urban Consumers published
18		by the United States Department of Labor or successor
19		agency for 3 of the last 5 calendar years prior to the
20		year in which the redevelopment project area is
21		designated.
22		(3) If vacant, the sound growth of the redevelopment
23		project area is impaired by one of the following factors
24		that (i) is present, with that presence documented, to a
25		meaningful extent so that a municipality may reasonably
26		find that the factor is clearly present within the intent

HB3595 Enrolled - 264 - LRB104 08153 BAB 18201 b
1		of the Act and (ii) is reasonably distributed throughout
2		the vacant part of the redevelopment project area to which
3		it pertains:
4		(A) The area consists of one or more unused
5		quarries, mines, or strip mine ponds.
6		(B) The area consists of unused rail yards, rail
7		tracks, or railroad rights-of-way.
8		(C) The area, prior to its designation, is subject
9		to (i) chronic flooding that adversely impacts on real
10		property in the area as certified by a registered
11		professional engineer or appropriate regulatory agency
12		or (ii) surface water that discharges from all or a
13		part of the area and contributes to flooding within
14		the same watershed, but only if the redevelopment
15		project provides for facilities or improvements to
16		contribute to the alleviation of all or part of the
17		flooding.
18		(D) The area consists of an unused or illegal
19		disposal site containing earth, stone, building
20		debris, or similar materials that were removed from
21		construction, demolition, excavation, or dredge sites.
22		(E) Prior to November 1, 1999, the area is not less
23		than 50 nor more than 100 acres and 75% of which is
24		vacant (notwithstanding that the area has been used
25		for commercial agricultural purposes within 5 years
26		prior to the designation of the redevelopment project

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1		area), and the area meets at least one of the factors
2		itemized in paragraph (1) of this subsection, the area
3		has been designated as a town or village center by
4		ordinance or comprehensive plan adopted prior to
5		January 1, 1982, and the area has not been developed
6		for that designated purpose.
7		(F) The area qualified as a blighted improved area
8		immediately prior to becoming vacant, unless there has
9		been substantial private investment in the immediately
10		surrounding area.
11		(b) For any redevelopment project area that has been
12		designated pursuant to this Section by an ordinance adopted
13		prior to November 1, 1999 (the effective date of Public Act
14		91-478), "conservation area" shall have the meaning set forth
15		in this Section prior to that date.
16		On and after November 1, 1999, "conservation area" means
17		any improved area within the boundaries of a redevelopment
18		project area located within the territorial limits of the
19		municipality in which 50% or more of the structures in the area
20		have an age of 35 years or more. Such an area is not yet a
21		blighted area but because of a combination of 3 or more of the
22		following factors is detrimental to the public safety, health,
23		morals or welfare and such an area may become a blighted area:
24		(1) Dilapidation. An advanced state of disrepair or
25		neglect of necessary repairs to the primary structural
26		components of buildings or improvements in such a

HB3595 Enrolled - 266 - LRB104 08153 BAB 18201 b
1		combination that a documented building condition analysis
2		determines that major repair is required or the defects
3		are so serious and so extensive that the buildings must be
4		removed.
5		(2) Obsolescence. The condition or process of falling
6		into disuse. Structures have become ill-suited for the
7		original use.
8		(3) Deterioration. With respect to buildings, defects
9		including, but not limited to, major defects in the
10		secondary building components such as doors, windows,
11		porches, gutters and downspouts, and fascia. With respect
12		to surface improvements, that the condition of roadways,
13		alleys, curbs, gutters, sidewalks, off-street parking, and
14		surface storage areas evidence deterioration, including,
15		but not limited to, surface cracking, crumbling, potholes,
16		depressions, loose paving material, and weeds protruding
17		through paved surfaces.
18		(4) Presence of structures below minimum code
19		standards. All structures that do not meet the standards
20		of zoning, subdivision, building, fire, and other
21		governmental codes applicable to property, but not
22		including housing and property maintenance codes.
23		(5) Illegal use of individual structures. The use of
24		structures in violation of applicable federal, State, or
25		local laws, exclusive of those applicable to the presence
26		of structures below minimum code standards.

HB3595 Enrolled - 267 - LRB104 08153 BAB 18201 b
1		(6) Excessive vacancies. The presence of buildings
2		that are unoccupied or under-utilized and that represent
3		an adverse influence on the area because of the frequency,
4		extent, or duration of the vacancies.
5		(7) Lack of ventilation, light, or sanitary
6		facilities. The absence of adequate ventilation for light
7		or air circulation in spaces or rooms without windows, or
8		that require the removal of dust, odor, gas, smoke, or
9		other noxious airborne materials. Inadequate natural light
10		and ventilation means the absence or inadequacy of
11		skylights or windows for interior spaces or rooms and
12		improper window sizes and amounts by room area to window
13		area ratios. Inadequate sanitary facilities refers to the
14		absence or inadequacy of garbage storage and enclosure,
15		bathroom facilities, hot water and kitchens, and
16		structural inadequacies preventing ingress and egress to
17		and from all rooms and units within a building.
18		(8) Inadequate utilities. Underground and overhead
19		utilities such as storm sewers and storm drainage,
20		sanitary sewers, water lines, and gas, telephone, and
21		electrical services that are shown to be inadequate.
22		Inadequate utilities are those that are: (i) of
23		insufficient capacity to serve the uses in the
24		redevelopment project area, (ii) deteriorated, antiquated,
25		obsolete, or in disrepair, or (iii) lacking within the
26		redevelopment project area.

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1		(9) Excessive land coverage and overcrowding of
2		structures and community facilities. The over-intensive
3		use of property and the crowding of buildings and
4		accessory facilities onto a site. Examples of problem
5		conditions warranting the designation of an area as one
6		exhibiting excessive land coverage are: the presence of
7		buildings either improperly situated on parcels or located
8		on parcels of inadequate size and shape in relation to
9		present-day standards of development for health and safety
10		and the presence of multiple buildings on a single parcel.
11		For there to be a finding of excessive land coverage,
12		these parcels must exhibit one or more of the following
13		conditions: insufficient provision for light and air
14		within or around buildings, increased threat of spread of
15		fire due to the close proximity of buildings, lack of
16		adequate or proper access to a public right-of-way, lack
17		of reasonably required off-street parking, or inadequate
18		provision for loading and service.
19		(10) Deleterious land use or layout. The existence of
20		incompatible land-use relationships, buildings occupied by
21		inappropriate mixed-uses, or uses considered to be
22		noxious, offensive, or unsuitable for the surrounding
23		area.
24		(11) Lack of community planning. The proposed
25		redevelopment project area was developed prior to or
26		without the benefit or guidance of a community plan. This

HB3595 Enrolled - 269 - LRB104 08153 BAB 18201 b
1		means that the development occurred prior to the adoption
2		by the municipality of a comprehensive or other community
3		plan or that the plan was not followed at the time of the
4		area's development. This factor must be documented by
5		evidence of adverse or incompatible land-use
6		relationships, inadequate street layout, improper
7		subdivision, parcels of inadequate shape and size to meet
8		contemporary development standards, or other evidence
9		demonstrating an absence of effective community planning.
10		(12) The area has incurred Illinois Environmental
11		Protection Agency or United States Environmental
12		Protection Agency remediation costs for, or a study
13		conducted by an independent consultant recognized as
14		having expertise in environmental remediation has
15		determined a need for, the clean-up of hazardous waste,
16		hazardous substances, or underground storage tanks
17		required by State or federal law, provided that the
18		remediation costs constitute a material impediment to the
19		development or redevelopment of the redevelopment project
20		area.
21		(13) The total equalized assessed value of the
22		proposed redevelopment project area has declined for 3 of
23		the last 5 calendar years for which information is
24		available or is increasing at an annual rate that is less
25		than the balance of the municipality for 3 of the last 5
26		calendar years for which information is available or is

HB3595 Enrolled - 270 - LRB104 08153 BAB 18201 b
1		increasing at an annual rate that is less than the
2		Consumer Price Index for All Urban Consumers published by
3		the United States Department of Labor or successor agency
4		for 3 of the last 5 calendar years for which information is
5		available.
6		(c) "Industrial park" means an area in a blighted or
7		conservation area suitable for use by any manufacturing,
8		industrial, research or transportation enterprise, of
9		facilities to include but not be limited to factories, mills,
10		processing plants, assembly plants, packing plants,
11		fabricating plants, industrial distribution centers,
12		warehouses, repair overhaul or service facilities, freight
13		terminals, research facilities, test facilities or railroad
14		facilities.
15		(d) "Industrial park conservation area" means an area
16		within the boundaries of a redevelopment project area located
17		within the territorial limits of a municipality that is a
18		labor surplus municipality or within 1 1/2 miles of the
19		territorial limits of a municipality that is a labor surplus
20		municipality if the area is annexed to the municipality; which
21		area is zoned as industrial no later than at the time the
22		municipality by ordinance designates the redevelopment project
23		area, and which area includes both vacant land suitable for
24		use as an industrial park and a blighted area or conservation
25		area contiguous to such vacant land.
26		(e) "Labor surplus municipality" means a municipality in

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1		which, at any time during the 6 months before the municipality
2		by ordinance designates an industrial park conservation area,
3		the unemployment rate was over 6% and was also 100% or more of
4		the national average unemployment rate for that same time as
5		published in the United States Department of Labor Bureau of
6		Labor Statistics publication entitled "The Employment
7		Situation" or its successor publication. For the purpose of
8		this subsection, if unemployment rate statistics for the
9		municipality are not available, the unemployment rate in the
10		municipality shall be deemed to be the same as the
11		unemployment rate in the principal county in which the
12		municipality is located.
13		(f) "Municipality" shall mean a city, village,
14		incorporated town, or a township that is located in the
15		unincorporated portion of a county with 3 million or more
16		inhabitants, if the county adopted an ordinance that approved
17		the township's redevelopment plan.
18		(g) "Initial Sales Tax Amounts" means the amount of taxes
19		paid under the Retailers' Occupation Tax Act, Use Tax Act,
20		Service Use Tax Act, the Service Occupation Tax Act, the
21		Municipal Retailers' Occupation Tax Act, and the Municipal
22		Service Occupation Tax Act by retailers and servicemen on
23		transactions at places located in a State Sales Tax Boundary
24		during the calendar year 1985.
25		(g-1) "Revised Initial Sales Tax Amounts" means the amount
26		of taxes paid under the Retailers' Occupation Tax Act, Use Tax

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1		Act, Service Use Tax Act, the Service Occupation Tax Act, the
2		Municipal Retailers' Occupation Tax Act, and the Municipal
3		Service Occupation Tax Act by retailers and servicemen on
4		transactions at places located within the State Sales Tax
5		Boundary revised pursuant to Section 11-74.4-8a(9) of this
6		Act.
7		(h) "Municipal Sales Tax Increment" means an amount equal
8		to the increase in the aggregate amount of taxes paid to a
9		municipality from the Local Government Tax Fund arising from
10		sales by retailers and servicemen within the redevelopment
11		project area or State Sales Tax Boundary, as the case may be,
12		for as long as the redevelopment project area or State Sales
13		Tax Boundary, as the case may be, exist over and above the
14		aggregate amount of taxes as certified by the Illinois
15		Department of Revenue and paid under the Municipal Retailers'
16		Occupation Tax Act and the Municipal Service Occupation Tax
17		Act by retailers and servicemen, on transactions at places of
18		business located in the redevelopment project area or State
19		Sales Tax Boundary, as the case may be, during the base year
20		which shall be the calendar year immediately prior to the year
21		in which the municipality adopted tax increment allocation
22		financing. For purposes of computing the aggregate amount of
23		such taxes for base years occurring prior to 1985, the
24		Department of Revenue shall determine the Initial Sales Tax
25		Amounts for such taxes and deduct therefrom an amount equal to
26		4% of the aggregate amount of taxes per year for each year the

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1		base year is prior to 1985, but not to exceed a total deduction
2		of 12%. The amount so determined shall be known as the
3		"Adjusted Initial Sales Tax Amounts". For purposes of
4		determining the Municipal Sales Tax Increment, the Department
5		of Revenue shall for each period subtract from the amount paid
6		to the municipality from the Local Government Tax Fund arising
7		from sales by retailers and servicemen on transactions located
8		in the redevelopment project area or the State Sales Tax
9		Boundary, as the case may be, the certified Initial Sales Tax
10		Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
11		Initial Sales Tax Amounts for the Municipal Retailers'
12		Occupation Tax Act and the Municipal Service Occupation Tax
13		Act. For the State Fiscal Year 1989, this calculation shall be
14		made by utilizing the calendar year 1987 to determine the tax
15		amounts received. For the State Fiscal Year 1990, this
16		calculation shall be made by utilizing the period from January
17		1, 1988, until September 30, 1988, to determine the tax
18		amounts received from retailers and servicemen pursuant to the
19		Municipal Retailers' Occupation Tax and the Municipal Service
20		Occupation Tax Act, which shall have deducted therefrom
21		nine-twelfths of the certified Initial Sales Tax Amounts, the
22		Adjusted Initial Sales Tax Amounts or the Revised Initial
23		Sales Tax Amounts as appropriate. For the State Fiscal Year
24		1991, this calculation shall be made by utilizing the period
25		from October 1, 1988, to June 30, 1989, to determine the tax
26		amounts received from retailers and servicemen pursuant to the

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1		Municipal Retailers' Occupation Tax and the Municipal Service
2		Occupation Tax Act which shall have deducted therefrom
3		nine-twelfths of the certified Initial Sales Tax Amounts,
4		Adjusted Initial Sales Tax Amounts or the Revised Initial
5		Sales Tax Amounts as appropriate. For every State Fiscal Year
6		thereafter, the applicable period shall be the 12 months
7		beginning July 1 and ending June 30 to determine the tax
8		amounts received which shall have deducted therefrom the
9		certified Initial Sales Tax Amounts, the Adjusted Initial
10		Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as
11		the case may be.
12		(i) "Net State Sales Tax Increment" means the sum of the
13		following: (a) 80% of the first $100,000 of State Sales Tax
14		Increment annually generated within a State Sales Tax
15		Boundary; (b) 60% of the amount in excess of $100,000 but not
16		exceeding $500,000 of State Sales Tax Increment annually
17		generated within a State Sales Tax Boundary; and (c) 40% of all
18		amounts in excess of $500,000 of State Sales Tax Increment
19		annually generated within a State Sales Tax Boundary. If,
20		however, a municipality established a tax increment financing
21		district in a county with a population in excess of 3,000,000
22		before January 1, 1986, and the municipality entered into a
23		contract or issued bonds after January 1, 1986, but before
24		December 31, 1986, to finance redevelopment project costs
25		within a State Sales Tax Boundary, then the Net State Sales Tax
26		Increment means, for the fiscal years beginning July 1, 1990,

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1		and July 1, 1991, 100% of the State Sales Tax Increment
2		annually generated within a State Sales Tax Boundary; and
3		notwithstanding any other provision of this Act, for those
4		fiscal years the Department of Revenue shall distribute to
5		those municipalities 100% of their Net State Sales Tax
6		Increment before any distribution to any other municipality
7		and regardless of whether or not those other municipalities
8		will receive 100% of their Net State Sales Tax Increment. For
9		Fiscal Year 1999, and every year thereafter until the year
10		2007, for any municipality that has not entered into a
11		contract or has not issued bonds prior to June 1, 1988 to
12		finance redevelopment project costs within a State Sales Tax
13		Boundary, the Net State Sales Tax Increment shall be
14		calculated as follows: By multiplying the Net State Sales Tax
15		Increment by 90% in the State Fiscal Year 1999; 80% in the
16		State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
17		in the State Fiscal Year 2002; 50% in the State Fiscal Year
18		2003; 40% in the State Fiscal Year 2004; 30% in the State
19		Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
20		the State Fiscal Year 2007. No payment shall be made for State
21		Fiscal Year 2008 and thereafter.
22		Municipalities that issued bonds in connection with a
23		redevelopment project in a redevelopment project area within
24		the State Sales Tax Boundary prior to July 29, 1991, or that
25		entered into contracts in connection with a redevelopment
26		project in a redevelopment project area before June 1, 1988,

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1		shall continue to receive their proportional share of the
2		Illinois Tax Increment Fund distribution until the date on
3		which the redevelopment project is completed or terminated.
4		If, however, a municipality that issued bonds in connection
5		with a redevelopment project in a redevelopment project area
6		within the State Sales Tax Boundary prior to July 29, 1991
7		retires the bonds prior to June 30, 2007 or a municipality that
8		entered into contracts in connection with a redevelopment
9		project in a redevelopment project area before June 1, 1988
10		completes the contracts prior to June 30, 2007, then so long as
11		the redevelopment project is not completed or is not
12		terminated, the Net State Sales Tax Increment shall be
13		calculated, beginning on the date on which the bonds are
14		retired or the contracts are completed, as follows: By
15		multiplying the Net State Sales Tax Increment by 60% in the
16		State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40%
17		in the State Fiscal Year 2004; 30% in the State Fiscal Year
18		2005; 20% in the State Fiscal Year 2006; and 10% in the State
19		Fiscal Year 2007. No payment shall be made for State Fiscal
20		Year 2008 and thereafter. Refunding of any bonds issued prior
21		to July 29, 1991, shall not alter the Net State Sales Tax
22		Increment.
23		(j) "State Utility Tax Increment Amount" means an amount
24		equal to the aggregate increase in State electric and gas tax
25		charges imposed on owners and tenants, other than residential
26		customers, of properties located within the redevelopment

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1		project area under Section 9-222 of the Public Utilities Act,
2		over and above the aggregate of such charges as certified by
3		the Department of Revenue and paid by owners and tenants,
4		other than residential customers, of properties within the
5		redevelopment project area during the base year, which shall
6		be the calendar year immediately prior to the year of the
7		adoption of the ordinance authorizing tax increment allocation
8		financing.
9		(k) "Net State Utility Tax Increment" means the sum of the
10		following: (a) 80% of the first $100,000 of State Utility Tax
11		Increment annually generated by a redevelopment project area;
12		(b) 60% of the amount in excess of $100,000 but not exceeding
13		$500,000 of the State Utility Tax Increment annually generated
14		by a redevelopment project area; and (c) 40% of all amounts in
15		excess of $500,000 of State Utility Tax Increment annually
16		generated by a redevelopment project area. For the State
17		Fiscal Year 1999, and every year thereafter until the year
18		2007, for any municipality that has not entered into a
19		contract or has not issued bonds prior to June 1, 1988 to
20		finance redevelopment project costs within a redevelopment
21		project area, the Net State Utility Tax Increment shall be
22		calculated as follows: By multiplying the Net State Utility
23		Tax Increment by 90% in the State Fiscal Year 1999; 80% in the
24		State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
25		in the State Fiscal Year 2002; 50% in the State Fiscal Year
26		2003; 40% in the State Fiscal Year 2004; 30% in the State

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1		Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
2		the State Fiscal Year 2007. No payment shall be made for the
3		State Fiscal Year 2008 and thereafter.
4		Municipalities that issue bonds in connection with the
5		redevelopment project during the period from June 1, 1988
6		until 3 years after the effective date of this Amendatory Act
7		of 1988 shall receive the Net State Utility Tax Increment,
8		subject to appropriation, for 15 State Fiscal Years after the
9		issuance of such bonds. For the 16th through the 20th State
10		Fiscal Years after issuance of the bonds, the Net State
11		Utility Tax Increment shall be calculated as follows: By
12		multiplying the Net State Utility Tax Increment by 90% in year
13		16; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in
14		year 20. Refunding of any bonds issued prior to June 1, 1988,
15		shall not alter the revised Net State Utility Tax Increment
16		payments set forth above.
17		(l) "Obligations" mean bonds, loans, debentures, notes,
18		special certificates or other evidence of indebtedness issued
19		by the municipality to carry out a redevelopment project or to
20		refund outstanding obligations.
21		(m) "Payment in lieu of taxes" means those estimated tax
22		revenues from real property in a redevelopment project area
23		derived from real property that has been acquired by a
24		municipality which according to the redevelopment project or
25		plan is to be used for a private use which taxing districts
26		would have received had a municipality not acquired the real

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1		property and adopted tax increment allocation financing and
2		which would result from levies made after the time of the
3		adoption of tax increment allocation financing to the time the
4		current equalized value of real property in the redevelopment
5		project area exceeds the total initial equalized value of real
6		property in said area.
7		(n) "Redevelopment plan" means the comprehensive program
8		of the municipality for development or redevelopment intended
9		by the payment of redevelopment project costs to reduce or
10		eliminate those conditions the existence of which qualified
11		the redevelopment project area as a "blighted area" or
12		"conservation area" or combination thereof or "industrial park
13		conservation area," and thereby to enhance the tax bases of
14		the taxing districts which extend into the redevelopment
15		project area, provided that, with respect to redevelopment
16		project areas described in subsections (p-1) and (p-2),
17		"redevelopment plan" means the comprehensive program of the
18		affected municipality for the development of qualifying
19		transit facilities. On and after November 1, 1999 (the
20		effective date of Public Act 91-478), no redevelopment plan
21		may be approved or amended that includes the development of
22		vacant land (i) with a golf course and related clubhouse and
23		other facilities or (ii) designated by federal, State, county,
24		or municipal government as public land for outdoor
25		recreational activities or for nature preserves and used for
26		that purpose within 5 years prior to the adoption of the

HB3595 Enrolled - 280 - LRB104 08153 BAB 18201 b
1		redevelopment plan. For the purpose of this subsection,
2		"recreational activities" is limited to mean camping and
3		hunting. Each redevelopment plan shall set forth in writing
4		the program to be undertaken to accomplish the objectives and
5		shall include but not be limited to:
6		(A) an itemized list of estimated redevelopment
7		project costs;
8		(B) evidence indicating that the redevelopment project
9		area on the whole has not been subject to growth and
10		development through investment by private enterprise,
11		provided that such evidence shall not be required for any
12		redevelopment project area located within a transit
13		facility improvement area established pursuant to Section
14		11-74.4-3.3;
15		(C) an assessment of any financial impact of the
16		redevelopment project area on or any increased demand for
17		services from any taxing district affected by the plan and
18		any program to address such financial impact or increased
19		demand;
20		(D) the sources of funds to pay costs;
21		(E) the nature and term of the obligations to be
22		issued;
23		(F) the most recent equalized assessed valuation of
24		the redevelopment project area;
25		(G) an estimate as to the equalized assessed valuation
26		after redevelopment and the general land uses to apply in

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1		the redevelopment project area;
2		(H) a commitment to fair employment practices and an
3		affirmative action plan;
4		(I) if it concerns an industrial park conservation
5		area, the plan shall also include a general description of
6		any proposed developer, user and tenant of any property, a
7		description of the type, structure and general character
8		of the facilities to be developed, a description of the
9		type, class and number of new employees to be employed in
10		the operation of the facilities to be developed; and
11		(J) if property is to be annexed to the municipality,
12		the plan shall include the terms of the annexation
13		agreement.
14		The provisions of items (B) and (C) of this subsection (n)
15		shall not apply to a municipality that before March 14, 1994
16		(the effective date of Public Act 88-537) had fixed, either by
17		its corporate authorities or by a commission designated under
18		subsection (k) of Section 11-74.4-4, a time and place for a
19		public hearing as required by subsection (a) of Section
20		11-74.4-5. No redevelopment plan shall be adopted unless a
21		municipality complies with all of the following requirements:
22		(1) The municipality finds that the redevelopment
23		project area on the whole has not been subject to growth
24		and development through investment by private enterprise
25		and would not reasonably be anticipated to be developed
26		without the adoption of the redevelopment plan, provided,

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1		however, that such a finding shall not be required with
2		respect to any redevelopment project area located within a
3		transit facility improvement area established pursuant to
4		Section 11-74.4-3.3.
5		(2) The municipality finds that the redevelopment plan
6		and project conform to the comprehensive plan for the
7		development of the municipality as a whole, or, for
8		municipalities with a population of 100,000 or more,
9		regardless of when the redevelopment plan and project was
10		adopted, the redevelopment plan and project either: (i)
11		conforms to the strategic economic development or
12		redevelopment plan issued by the designated planning
13		authority of the municipality, or (ii) includes land uses
14		that have been approved by the planning commission of the
15		municipality.
16		(3) The redevelopment plan establishes the estimated
17		dates of completion of the redevelopment project and
18		retirement of obligations issued to finance redevelopment
19		project costs. Those dates may not be later than the dates
20		set forth under Section 11-74.4-3.5.
21		A municipality may by municipal ordinance amend an
22		existing redevelopment plan to conform to this paragraph
23		(3) as amended by Public Act 91-478, which municipal
24		ordinance may be adopted without further hearing or notice
25		and without complying with the procedures provided in this
26		Act pertaining to an amendment to or the initial approval

HB3595 Enrolled - 283 - LRB104 08153 BAB 18201 b
1		of a redevelopment plan and project and designation of a
2		redevelopment project area.
3		(3.5) The municipality finds, in the case of an
4		industrial park conservation area, also that the
5		municipality is a labor surplus municipality and that the
6		implementation of the redevelopment plan will reduce
7		unemployment, create new jobs and by the provision of new
8		facilities enhance the tax base of the taxing districts
9		that extend into the redevelopment project area.
10		(4) If any incremental revenues are being utilized
11		under Section 8(a)(1) or 8(a)(2) of this Act in
12		redevelopment project areas approved by ordinance after
13		January 1, 1986, the municipality finds: (a) that the
14		redevelopment project area would not reasonably be
15		developed without the use of such incremental revenues,
16		and (b) that such incremental revenues will be exclusively
17		utilized for the development of the redevelopment project
18		area.
19		(5) If: (a) the redevelopment plan will not result in
20		displacement of residents from 10 or more inhabited
21		residential units, and the municipality certifies in the
22		plan that such displacement will not result from the plan;
23		or (b) the redevelopment plan is for a redevelopment
24		project area or a qualifying transit facility located
25		within a transit facility improvement area established
26		pursuant to Section 11-74.4-3.3, and the applicable

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1		project is subject to the process for evaluation of
2		environmental effects under the National Environmental
3		Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing
4		impact study need not be performed. If, however, the
5		redevelopment plan would result in the displacement of
6		residents from 10 or more inhabited residential units, or
7		if the redevelopment project area contains 75 or more
8		inhabited residential units and no certification is made,
9		then the municipality shall prepare, as part of the
10		separate feasibility report required by subsection (a) of
11		Section 11-74.4-5, a housing impact study.
12		Part I of the housing impact study shall include (i)
13		data as to whether the residential units are single family
14		or multi-family units, (ii) the number and type of rooms
15		within the units, if that information is available, (iii)
16		whether the units are inhabited or uninhabited, as
17		determined not less than 45 days before the date that the
18		ordinance or resolution required by subsection (a) of
19		Section 11-74.4-5 is passed, and (iv) data as to the
20		racial and ethnic composition of the residents in the
21		inhabited residential units. The data requirement as to
22		the racial and ethnic composition of the residents in the
23		inhabited residential units shall be deemed to be fully
24		satisfied by data from the most recent federal census.
25		Part II of the housing impact study shall identify the
26		inhabited residential units in the proposed redevelopment

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1		project area that are to be or may be removed. If inhabited
2		residential units are to be removed, then the housing
3		impact study shall identify (i) the number and location of
4		those units that will or may be removed, (ii) the
5		municipality's plans for relocation assistance for those
6		residents in the proposed redevelopment project area whose
7		residences are to be removed, (iii) the availability of
8		replacement housing for those residents whose residences
9		are to be removed, and shall identify the type, location,
10		and cost of the housing, and (iv) the type and extent of
11		relocation assistance to be provided.
12		(6) On and after November 1, 1999, the housing impact
13		study required by paragraph (5) shall be incorporated in
14		the redevelopment plan for the redevelopment project area.
15		(7) On and after November 1, 1999, no redevelopment
16		plan shall be adopted, nor an existing plan amended, nor
17		shall residential housing that is occupied by households
18		of low-income and very low-income persons in currently
19		existing redevelopment project areas be removed after
20		November 1, 1999 unless the redevelopment plan provides,
21		with respect to inhabited housing units that are to be
22		removed for households of low-income and very low-income
23		persons, affordable housing and relocation assistance not
24		less than that which would be provided under the federal
25		Uniform Relocation Assistance and Real Property
26		Acquisition Policies Act of 1970 and the regulations under

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1		that Act, including the eligibility criteria. Affordable
2		housing may be either existing or newly constructed
3		housing. For purposes of this paragraph (7), "low-income
4		households", "very low-income households", and "affordable
5		housing" have the meanings set forth in the Illinois
6		Affordable Housing Act. The municipality shall make a good
7		faith effort to ensure that this affordable housing is
8		located in or near the redevelopment project area within
9		the municipality.
10		(8) On and after November 1, 1999, if, after the
11		adoption of the redevelopment plan for the redevelopment
12		project area, any municipality desires to amend its
13		redevelopment plan to remove more inhabited residential
14		units than specified in its original redevelopment plan,
15		that change shall be made in accordance with the
16		procedures in subsection (c) of Section 11-74.4-5.
17		(9) For redevelopment project areas designated prior
18		to November 1, 1999, the redevelopment plan may be amended
19		without further joint review board meeting or hearing,
20		provided that the municipality shall give notice of any
21		such changes by mail to each affected taxing district and
22		registrant on the interested party registry, to authorize
23		the municipality to expend tax increment revenues for
24		redevelopment project costs defined by paragraphs (5) and
25		(7.5), subparagraphs (E) and (F) of paragraph (11), and
26		paragraph (11.5) of subsection (q) of Section 11-74.4-3,

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1		so long as the changes do not increase the total estimated
2		redevelopment project costs set out in the redevelopment
3		plan by more than 5% after adjustment for inflation from
4		the date the plan was adopted.
5		(o) "Redevelopment project" means any public and private
6		development project in furtherance of the objectives of a
7		redevelopment plan. On and after November 1, 1999 (the
8		effective date of Public Act 91-478), no redevelopment plan
9		may be approved or amended that includes the development of
10		vacant land (i) with a golf course and related clubhouse and
11		other facilities or (ii) designated by federal, State, county,
12		or municipal government as public land for outdoor
13		recreational activities or for nature preserves and used for
14		that purpose within 5 years prior to the adoption of the
15		redevelopment plan. For the purpose of this subsection,
16		"recreational activities" is limited to mean camping and
17		hunting.
18		(p) "Redevelopment project area" means an area designated
19		by the municipality, which is not less in the aggregate than 1
20		1/2 acres and in respect to which the municipality has made a
21		finding that there exist conditions which cause the area to be
22		classified as an industrial park conservation area or a
23		blighted area or a conservation area, or a combination of both
24		blighted areas and conservation areas.
25		(p-1) Notwithstanding any provision of this Act to the
26		contrary, on and after August 25, 2009 (the effective date of

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1		Public Act 96-680), a redevelopment project area may include
2		areas within a one-half mile radius of an existing or proposed
3		Regional Transportation Authority Suburban Transit Access
4		Route (STAR Line) station without a finding that the area is
5		classified as an industrial park conservation area, a blighted
6		area, a conservation area, or a combination thereof, but only
7		if the municipality receives unanimous consent from the joint
8		review board created to review the proposed redevelopment
9		project area.
10		(p-2) Notwithstanding any provision of this Act to the
11		contrary, on and after the effective date of this amendatory
12		Act of the 99th General Assembly, a redevelopment project area
13		may include areas within a transit facility improvement area
14		that has been established pursuant to Section 11-74.4-3.3
15		without a finding that the area is classified as an industrial
16		park conservation area, a blighted area, a conservation area,
17		or any combination thereof.
18		(q) "Redevelopment project costs", except for
19		redevelopment project areas created pursuant to subsection
20		(p-1) or (p-2), means and includes the sum total of all
21		reasonable or necessary costs incurred or estimated to be
22		incurred, and any such costs incidental to a redevelopment
23		plan and a redevelopment project. Such costs include, without
24		limitation, the following:
25		(1) Costs of studies, surveys, development of plans,
26		and specifications, implementation and administration of

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1		the redevelopment plan including but not limited to staff
2		and professional service costs for architectural,
3		engineering, legal, financial, planning or other services,
4		provided however that no charges for professional services
5		may be based on a percentage of the tax increment
6		collected; except that on and after November 1, 1999 (the
7		effective date of Public Act 91-478), no contracts for
8		professional services, excluding architectural and
9		engineering services, may be entered into if the terms of
10		the contract extend beyond a period of 3 years. In
11		addition, "redevelopment project costs" shall not include
12		lobbying expenses. After consultation with the
13		municipality, each tax increment consultant or advisor to
14		a municipality that plans to designate or has designated a
15		redevelopment project area shall inform the municipality
16		in writing of any contracts that the consultant or advisor
17		has entered into with entities or individuals that have
18		received, or are receiving, payments financed by tax
19		increment revenues produced by the redevelopment project
20		area with respect to which the consultant or advisor has
21		performed, or will be performing, service for the
22		municipality. This requirement shall be satisfied by the
23		consultant or advisor before the commencement of services
24		for the municipality and thereafter whenever any other
25		contracts with those individuals or entities are executed
26		by the consultant or advisor;

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1		(1.5) After July 1, 1999, annual administrative costs
2		shall not include general overhead or administrative costs
3		of the municipality that would still have been incurred by
4		the municipality if the municipality had not designated a
5		redevelopment project area or approved a redevelopment
6		plan;
7		(1.6) The cost of marketing sites within the
8		redevelopment project area to prospective businesses,
9		developers, and investors;
10		(2) Property assembly costs, including but not limited
11		to acquisition of land and other property, real or
12		personal, or rights or interests therein, demolition of
13		buildings, site preparation, site improvements that serve
14		as an engineered barrier addressing ground level or below
15		ground environmental contamination, including, but not
16		limited to parking lots and other concrete or asphalt
17		barriers, and the clearing and grading of land;
18		(3) Costs of rehabilitation, reconstruction or repair
19		or remodeling of existing public or private buildings,
20		fixtures, and leasehold improvements; and the cost of
21		replacing an existing public building if pursuant to the
22		implementation of a redevelopment project the existing
23		public building is to be demolished to use the site for
24		private investment or devoted to a different use requiring
25		private investment; including any direct or indirect costs
26		relating to Green Globes or LEED certified construction

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1		elements or construction elements with an equivalent
2		certification;
3		(4) Costs of the construction of public works or
4		improvements, including any direct or indirect costs
5		relating to Green Globes or LEED certified construction
6		elements or construction elements with an equivalent
7		certification, except that on and after November 1, 1999,
8		redevelopment project costs shall not include the cost of
9		constructing a new municipal public building principally
10		used to provide offices, storage space, or conference
11		facilities or vehicle storage, maintenance, or repair for
12		administrative, public safety, or public works personnel
13		and that is not intended to replace an existing public
14		building as provided under paragraph (3) of subsection (q)
15		of Section 11-74.4-3 unless either (i) the construction of
16		the new municipal building implements a redevelopment
17		project that was included in a redevelopment plan that was
18		adopted by the municipality prior to November 1, 1999,
19		(ii) the municipality makes a reasonable determination in
20		the redevelopment plan, supported by information that
21		provides the basis for that determination, that the new
22		municipal building is required to meet an increase in the
23		need for public safety purposes anticipated to result from
24		the implementation of the redevelopment plan, or (iii) the
25		new municipal public building is for the storage,
26		maintenance, or repair of transit vehicles and is located

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1		in a transit facility improvement area that has been
2		established pursuant to Section 11-74.4-3.3;
3		(5) Costs of job training and retraining projects,
4		including the cost of "welfare to work" programs
5		implemented by businesses located within the redevelopment
6		project area;
7		(6) Financing costs, including but not limited to all
8		necessary and incidental expenses related to the issuance
9		of obligations and which may include payment of interest
10		on any obligations issued hereunder including interest
11		accruing during the estimated period of construction of
12		any redevelopment project for which such obligations are
13		issued and for not exceeding 36 months thereafter and
14		including reasonable reserves related thereto;
15		(7) To the extent the municipality by written
16		agreement accepts and approves the same, all or a portion
17		of a taxing district's capital costs resulting from the
18		redevelopment project necessarily incurred or to be
19		incurred within a taxing district in furtherance of the
20		objectives of the redevelopment plan and project;
21		(7.5) For redevelopment project areas designated (or
22		redevelopment project areas amended to add or increase the
23		number of tax-increment-financing assisted housing units)
24		on or after November 1, 1999, an elementary, secondary, or
25		unit school district's increased costs attributable to
26		assisted housing units located within the redevelopment

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1		project area for which the developer or redeveloper
2		receives financial assistance through an agreement with
3		the municipality or because the municipality incurs the
4		cost of necessary infrastructure improvements within the
5		boundaries of the assisted housing sites necessary for the
6		completion of that housing as authorized by this Act, and
7		which costs shall be paid by the municipality from the
8		Special Tax Allocation Fund when the tax increment revenue
9		is received as a result of the assisted housing units and
10		shall be calculated annually as follows:
11		(A) for foundation districts, excluding any school
12		district in a municipality with a population in excess
13		of 1,000,000, by multiplying the district's increase
14		in attendance resulting from the net increase in new
15		students enrolled in that school district who reside
16		in housing units within the redevelopment project area
17		that have received financial assistance through an
18		agreement with the municipality or because the
19		municipality incurs the cost of necessary
20		infrastructure improvements within the boundaries of
21		the housing sites necessary for the completion of that
22		housing as authorized by this Act since the
23		designation of the redevelopment project area by the
24		most recently available per capita tuition cost as
25		defined in Section 10-20.12a of the School Code less
26		any increase in general State aid as defined in

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1		Section 18-8.05 of the School Code or evidence-based
2		funding as defined in Section 18-8.15 of the School
3		Code attributable to these added new students subject
4		to the following annual limitations:
5		(i) for unit school districts with a district
6		average 1995-96 Per Capita Tuition Charge of less
7		than $5,900, no more than 25% of the total amount
8		of property tax increment revenue produced by
9		those housing units that have received tax
10		increment finance assistance under this Act;
11		(ii) for elementary school districts with a
12		district average 1995-96 Per Capita Tuition Charge
13		of less than $5,900, no more than 17% of the total
14		amount of property tax increment revenue produced
15		by those housing units that have received tax
16		increment finance assistance under this Act; and
17		(iii) for secondary school districts with a
18		district average 1995-96 Per Capita Tuition Charge
19		of less than $5,900, no more than 8% of the total
20		amount of property tax increment revenue produced
21		by those housing units that have received tax
22		increment finance assistance under this Act.
23		(B) For alternate method districts, flat grant
24		districts, and foundation districts with a district
25		average 1995-96 Per Capita Tuition Charge equal to or
26		more than $5,900, excluding any school district with a

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1		population in excess of 1,000,000, by multiplying the
2		district's increase in attendance resulting from the
3		net increase in new students enrolled in that school
4		district who reside in housing units within the
5		redevelopment project area that have received
6		financial assistance through an agreement with the
7		municipality or because the municipality incurs the
8		cost of necessary infrastructure improvements within
9		the boundaries of the housing sites necessary for the
10		completion of that housing as authorized by this Act
11		since the designation of the redevelopment project
12		area by the most recently available per capita tuition
13		cost as defined in Section 10-20.12a of the School
14		Code less any increase in general state aid as defined
15		in Section 18-8.05 of the School Code or
16		evidence-based funding as defined in Section 18-8.15
17		of the School Code attributable to these added new
18		students subject to the following annual limitations:
19		(i) for unit school districts, no more than
20		40% of the total amount of property tax increment
21		revenue produced by those housing units that have
22		received tax increment finance assistance under
23		this Act;
24		(ii) for elementary school districts, no more
25		than 27% of the total amount of property tax
26		increment revenue produced by those housing units

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1		that have received tax increment finance
2		assistance under this Act; and
3		(iii) for secondary school districts, no more
4		than 13% of the total amount of property tax
5		increment revenue produced by those housing units
6		that have received tax increment finance
7		assistance under this Act.
8		(C) For any school district in a municipality with
9		a population in excess of 1,000,000, the following
10		restrictions shall apply to the reimbursement of
11		increased costs under this paragraph (7.5):
12		(i) no increased costs shall be reimbursed
13		unless the school district certifies that each of
14		the schools affected by the assisted housing
15		project is at or over its student capacity;
16		(ii) the amount reimbursable shall be reduced
17		by the value of any land donated to the school
18		district by the municipality or developer, and by
19		the value of any physical improvements made to the
20		schools by the municipality or developer; and
21		(iii) the amount reimbursed may not affect
22		amounts otherwise obligated by the terms of any
23		bonds, notes, or other funding instruments, or the
24		terms of any redevelopment agreement.
25		Any school district seeking payment under this
26		paragraph (7.5) shall, after July 1 and before

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1		September 30 of each year, provide the municipality
2		with reasonable evidence to support its claim for
3		reimbursement before the municipality shall be
4		required to approve or make the payment to the school
5		district. If the school district fails to provide the
6		information during this period in any year, it shall
7		forfeit any claim to reimbursement for that year.
8		School districts may adopt a resolution waiving the
9		right to all or a portion of the reimbursement
10		otherwise required by this paragraph (7.5). By
11		acceptance of this reimbursement the school district
12		waives the right to directly or indirectly set aside,
13		modify, or contest in any manner the establishment of
14		the redevelopment project area or projects;
15		(7.7) For redevelopment project areas designated (or
16		redevelopment project areas amended to add or increase the
17		number of tax-increment-financing assisted housing units)
18		on or after January 1, 2005 (the effective date of Public
19		Act 93-961), a public library district's increased costs
20		attributable to assisted housing units located within the
21		redevelopment project area for which the developer or
22		redeveloper receives financial assistance through an
23		agreement with the municipality or because the
24		municipality incurs the cost of necessary infrastructure
25		improvements within the boundaries of the assisted housing
26		sites necessary for the completion of that housing as

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1		authorized by this Act shall be paid to the library
2		district by the municipality from the Special Tax
3		Allocation Fund when the tax increment revenue is received
4		as a result of the assisted housing units. This paragraph
5		(7.7) applies only if (i) the library district is located
6		in a county that is subject to the Property Tax Extension
7		Limitation Law or (ii) the library district is not located
8		in a county that is subject to the Property Tax Extension
9		Limitation Law but the district is prohibited by any other
10		law from increasing its tax levy rate without a prior
11		voter referendum.
12		The amount paid to a library district under this
13		paragraph (7.7) shall be calculated by multiplying (i) the
14		net increase in the number of persons eligible to obtain a
15		library card in that district who reside in housing units
16		within the redevelopment project area that have received
17		financial assistance through an agreement with the
18		municipality or because the municipality incurs the cost
19		of necessary infrastructure improvements within the
20		boundaries of the housing sites necessary for the
21		completion of that housing as authorized by this Act since
22		the designation of the redevelopment project area by (ii)
23		the per-patron cost of providing library services so long
24		as it does not exceed $120. The per-patron cost shall be
25		the Total Operating Expenditures Per Capita for the
26		library in the previous fiscal year. The municipality may

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1		deduct from the amount that it must pay to a library
2		district under this paragraph any amount that it has
3		voluntarily paid to the library district from the tax
4		increment revenue. The amount paid to a library district
5		under this paragraph (7.7) shall be no more than 2% of the
6		amount produced by the assisted housing units and
7		deposited into the Special Tax Allocation Fund.
8		A library district is not eligible for any payment
9		under this paragraph (7.7) unless the library district has
10		experienced an increase in the number of patrons from the
11		municipality that created the tax-increment-financing
12		district since the designation of the redevelopment
13		project area.
14		Any library district seeking payment under this
15		paragraph (7.7) shall, after July 1 and before September
16		30 of each year, provide the municipality with convincing
17		evidence to support its claim for reimbursement before the
18		municipality shall be required to approve or make the
19		payment to the library district. If the library district
20		fails to provide the information during this period in any
21		year, it shall forfeit any claim to reimbursement for that
22		year. Library districts may adopt a resolution waiving the
23		right to all or a portion of the reimbursement otherwise
24		required by this paragraph (7.7). By acceptance of such
25		reimbursement, the library district shall forfeit any
26		right to directly or indirectly set aside, modify, or

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1		contest in any manner whatsoever the establishment of the
2		redevelopment project area or projects;
3		(8) Relocation costs to the extent that a municipality
4		determines that relocation costs shall be paid or is
5		required to make payment of relocation costs by federal or
6		State law or in order to satisfy subparagraph (7) of
7		subsection (n);
8		(9) Payment in lieu of taxes;
9		(10) Costs of job training, retraining, advanced
10		vocational education or career education, including but
11		not limited to courses in occupational, semi-technical or
12		technical fields leading directly to employment, incurred
13		by one or more taxing districts, provided that such costs
14		(i) are related to the establishment and maintenance of
15		additional job training, advanced vocational education or
16		career education programs for persons employed or to be
17		employed by employers located in a redevelopment project
18		area; and (ii) when incurred by a taxing district or
19		taxing districts other than the municipality, are set
20		forth in a written agreement by or among the municipality
21		and the taxing district or taxing districts, which
22		agreement describes the program to be undertaken,
23		including but not limited to the number of employees to be
24		trained, a description of the training and services to be
25		provided, the number and type of positions available or to
26		be available, itemized costs of the program and sources of

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1		funds to pay for the same, and the term of the agreement.
2		Such costs include, specifically, the payment by community
3		college districts of costs pursuant to Sections 3-37,
4		3-38, 3-40 and 3-40.1 of the Public Community College Act
5		and by school districts of costs pursuant to Sections
6		10-22.20a and 10-23.3a of the School Code;
7		(11) Interest cost incurred by a redeveloper related
8		to the construction, renovation or rehabilitation of a
9		redevelopment project provided that:
10		(A) such costs are to be paid directly from the
11		special tax allocation fund established pursuant to
12		this Act;
13		(B) such payments in any one year may not exceed
14		30% of the annual interest costs incurred by the
15		redeveloper with regard to the redevelopment project
16		during that year;
17		(C) if there are not sufficient funds available in
18		the special tax allocation fund to make the payment
19		pursuant to this paragraph (11) then the amounts so
20		due shall accrue and be payable when sufficient funds
21		are available in the special tax allocation fund;
22		(D) the total of such interest payments paid
23		pursuant to this Act may not exceed 30% of the total
24		(i) cost paid or incurred by the redeveloper for the
25		redevelopment project plus (ii) redevelopment project
26		costs excluding any property assembly costs and any

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1		relocation costs incurred by a municipality pursuant
2		to this Act;
3		(E) the cost limits set forth in subparagraphs (B)
4		and (D) of paragraph (11) shall be modified for the
5		financing of rehabilitated or new housing units for
6		low-income households and very low-income households,
7		as defined in Section 3 of the Illinois Affordable
8		Housing Act. The percentage of 75% shall be
9		substituted for 30% in subparagraphs (B) and (D) of
10		paragraph (11); and
11		(F) instead of the eligible costs provided by
12		subparagraphs (B) and (D) of paragraph (11), as
13		modified by this subparagraph, and notwithstanding any
14		other provisions of this Act to the contrary, the
15		municipality may pay from tax increment revenues up to
16		50% of the cost of construction of new housing units to
17		be occupied by low-income households and very
18		low-income households as defined in Section 3 of the
19		Illinois Affordable Housing Act. The cost of
20		construction of those units may be derived from the
21		proceeds of bonds issued by the municipality under
22		this Act or other constitutional or statutory
23		authority or from other sources of municipal revenue
24		that may be reimbursed from tax increment revenues or
25		the proceeds of bonds issued to finance the
26		construction of that housing.

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1		The eligible costs provided under this
2		subparagraph (F) of paragraph (11) shall be an
3		eligible cost for the construction, renovation, and
4		rehabilitation of all low and very low-income housing
5		units, as defined in Section 3 of the Illinois
6		Affordable Housing Act, within the redevelopment
7		project area. If the low and very low-income units are
8		part of a residential redevelopment project that
9		includes units not affordable to low and very
10		low-income households, only the low and very
11		low-income units shall be eligible for benefits under
12		this subparagraph (F) of paragraph (11). The standards
13		for maintaining the occupancy by low-income households
14		and very low-income households, as defined in Section
15		3 of the Illinois Affordable Housing Act, of those
16		units constructed with eligible costs made available
17		under the provisions of this subparagraph (F) of
18		paragraph (11) shall be established by guidelines
19		adopted by the municipality. The responsibility for
20		annually documenting the initial occupancy of the
21		units by low-income households and very low-income
22		households, as defined in Section 3 of the Illinois
23		Affordable Housing Act, shall be that of the then
24		current owner of the property. For ownership units,
25		the guidelines will provide, at a minimum, for a
26		reasonable recapture of funds, or other appropriate

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1		methods designed to preserve the original
2		affordability of the ownership units. For rental
3		units, the guidelines will provide, at a minimum, for
4		the affordability of rent to low and very low-income
5		households. As units become available, they shall be
6		rented to income-eligible tenants. The municipality
7		may modify these guidelines from time to time; the
8		guidelines, however, shall be in effect for as long as
9		tax increment revenue is being used to pay for costs
10		associated with the units or for the retirement of
11		bonds issued to finance the units or for the life of
12		the redevelopment project area, whichever is later;
13		(11.5) If the redevelopment project area is located
14		within a municipality with a population of more than
15		100,000, the cost of day care services for children of
16		employees from low-income families working for businesses
17		located within the redevelopment project area and all or a
18		portion of the cost of operation of day care centers
19		established by redevelopment project area businesses to
20		serve employees from low-income families working in
21		businesses located in the redevelopment project area. For
22		the purposes of this paragraph, "low-income families"
23		means families whose annual income does not exceed 80% of
24		the municipal, county, or regional median income, adjusted
25		for family size, as the annual income and municipal,
26		county, or regional median income are determined from time

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1		to time by the United States Department of Housing and
2		Urban Development.
3		(12) Costs relating to the development of urban
4		agricultural areas under Division 15.2 of the Illinois
5		Municipal Code.
6		Unless explicitly stated herein the cost of construction
7		of new privately-owned buildings shall not be an eligible
8		redevelopment project cost.
9		After November 1, 1999 (the effective date of Public Act
10		91-478), none of the redevelopment project costs enumerated in
11		this subsection shall be eligible redevelopment project costs
12		if those costs would provide direct financial support to a
13		retail entity initiating operations in the redevelopment
14		project area while terminating operations at another Illinois
15		location within 10 miles of the redevelopment project area but
16		outside the boundaries of the redevelopment project area
17		municipality. For purposes of this paragraph, termination
18		means a closing of a retail operation that is directly related
19		to the opening of the same operation or like retail entity
20		owned or operated by more than 50% of the original ownership in
21		a redevelopment project area, but it does not mean closing an
22		operation for reasons beyond the control of the retail entity,
23		as documented by the retail entity, subject to a reasonable
24		finding by the municipality that the current location
25		contained inadequate space, had become economically obsolete,
26		or was no longer a viable location for the retailer or

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1		serviceman.
2		No cost shall be a redevelopment project cost in a
3		redevelopment project area if used to demolish, remove, or
4		substantially modify a historic resource, after August 26,
5		2008 (the effective date of Public Act 95-934), unless no
6		prudent and feasible alternative exists. "Historic resource"
7		for the purpose of this paragraph means (i) a place or
8		structure that is included or eligible for inclusion on the
9		National Register of Historic Places or (ii) a contributing
10		structure in a district on the National Register of Historic
11		Places. This paragraph does not apply to a place or structure
12		for which demolition, removal, or modification is subject to
13		review by the preservation agency of a Certified Local
14		Government designated as such by the National Park Service of
15		the United States Department of the Interior.
16		If a special service area has been established pursuant to
17		the Special Service Area Tax Act or Special Service Area Tax
18		Law, then any tax increment revenues derived from the tax
19		imposed pursuant to the Special Service Area Tax Act or
20		Special Service Area Tax Law may be used within the
21		redevelopment project area for the purposes permitted by that
22		Act or Law as well as the purposes permitted by this Act.
23		(q-1) For redevelopment project areas created pursuant to
24		subsection (p-1), redevelopment project costs are limited to
25		those costs in paragraph (q) that are related to the existing
26		or proposed Regional Transportation Authority Suburban Transit

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1		Access Route (STAR Line) station.
2		(q-2) For a transit facility improvement area established
3		prior to, on, or after the effective date of this amendatory
4		Act of the 102nd General Assembly: (i) "redevelopment project
5		costs" means those costs described in subsection (q) that are
6		related to the construction, reconstruction, rehabilitation,
7		remodeling, or repair of any existing or proposed transit
8		facility, whether that facility is located within or outside
9		the boundaries of a redevelopment project area established
10		within that transit facility improvement area (and, to the
11		extent a redevelopment project cost is described in subsection
12		(q) as incurred or estimated to be incurred with respect to a
13		redevelopment project area, then it shall apply with respect
14		to such transit facility improvement area); and (ii) the
15		provisions of Section 11-74.4-8 regarding tax increment
16		allocation financing for a redevelopment project area located
17		in a transit facility improvement area shall apply only to the
18		lots, blocks, tracts and parcels of real property that are
19		located within the boundaries of that redevelopment project
20		area and not to the lots, blocks, tracts, and parcels of real
21		property that are located outside the boundaries of that
22		redevelopment project area.
23		(r) "State Sales Tax Boundary" means the redevelopment
24		project area or the amended redevelopment project area
25		boundaries which are determined pursuant to subsection (9) of
26		Section 11-74.4-8a of this Act. The Department of Revenue

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1		shall certify pursuant to subsection (9) of Section 11-74.4-8a
2		the appropriate boundaries eligible for the determination of
3		State Sales Tax Increment.
4		(s) "State Sales Tax Increment" means an amount equal to
5		the increase in the aggregate amount of taxes paid by
6		retailers and servicemen, other than retailers and servicemen
7		subject to the Public Utilities Act, on transactions at places
8		of business located within a State Sales Tax Boundary pursuant
9		to the Retailers' Occupation Tax Act, the Use Tax Act, the
10		Service Use Tax Act, and the Service Occupation Tax Act,
11		except such portion of such increase that is paid into the
12		State and Local Sales Tax Reform Fund, the Local Government
13		Distributive Fund, the Local Government Tax Fund and the
14		County and Mass Transit District Fund, for as long as State
15		participation exists, over and above the Initial Sales Tax
16		Amounts, Adjusted Initial Sales Tax Amounts or the Revised
17		Initial Sales Tax Amounts for such taxes as certified by the
18		Department of Revenue and paid under those Acts by retailers
19		and servicemen on transactions at places of business located
20		within the State Sales Tax Boundary during the base year which
21		shall be the calendar year immediately prior to the year in
22		which the municipality adopted tax increment allocation
23		financing, less 3.0% of such amounts generated under the
24		Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax
25		Act and the Service Occupation Tax Act, which sum shall be
26		appropriated to the Department of Revenue to cover its costs

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1		of administering and enforcing this Section. For purposes of
2		computing the aggregate amount of such taxes for base years
3		occurring prior to 1985, the Department of Revenue shall
4		compute the Initial Sales Tax Amount for such taxes and deduct
5		therefrom an amount equal to 4% of the aggregate amount of
6		taxes per year for each year the base year is prior to 1985,
7		but not to exceed a total deduction of 12%. The amount so
8		determined shall be known as the "Adjusted Initial Sales Tax
9		Amount". For purposes of determining the State Sales Tax
10		Increment the Department of Revenue shall for each period
11		subtract from the tax amounts received from retailers and
12		servicemen on transactions located in the State Sales Tax
13		Boundary, the certified Initial Sales Tax Amounts, Adjusted
14		Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts
15		for the Retailers' Occupation Tax Act, the Use Tax Act, the
16		Service Use Tax Act and the Service Occupation Tax Act. For the
17		State Fiscal Year 1989 this calculation shall be made by
18		utilizing the calendar year 1987 to determine the tax amounts
19		received. For the State Fiscal Year 1990, this calculation
20		shall be made by utilizing the period from January 1, 1988,
21		until September 30, 1988, to determine the tax amounts
22		received from retailers and servicemen, which shall have
23		deducted therefrom nine-twelfths of the certified Initial
24		Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
25		Revised Initial Sales Tax Amounts as appropriate. For the
26		State Fiscal Year 1991, this calculation shall be made by

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1		utilizing the period from October 1, 1988, until June 30,
2		1989, to determine the tax amounts received from retailers and
3		servicemen, which shall have deducted therefrom nine-twelfths
4		of the certified Initial State Sales Tax Amounts, Adjusted
5		Initial Sales Tax Amounts or the Revised Initial Sales Tax
6		Amounts as appropriate. For every State Fiscal Year
7		thereafter, the applicable period shall be the 12 months
8		beginning July 1 and ending on June 30, to determine the tax
9		amounts received which shall have deducted therefrom the
10		certified Initial Sales Tax Amounts, Adjusted Initial Sales
11		Tax Amounts or the Revised Initial Sales Tax Amounts.
12		Municipalities intending to receive a distribution of State
13		Sales Tax Increment must report a list of retailers to the
14		Department of Revenue by October 31, 1988 and by July 31, of
15		each year thereafter.
16		(t) "Taxing districts" means counties, townships, cities
17		and incorporated towns and villages, school, road, park,
18		sanitary, mosquito abatement, forest preserve, public health,
19		fire protection, river conservancy, tuberculosis sanitarium
20		and any other municipal corporations or districts with the
21		power to levy taxes.
22		(u) "Taxing districts' capital costs" means those costs of
23		taxing districts for capital improvements that are found by
24		the municipal corporate authorities to be necessary and
25		directly result from the redevelopment project.
26		(v) As used in subsection (a) of Section 11-74.4-3 of this

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1		Act, "vacant land" means any parcel or combination of parcels
2		of real property without industrial, commercial, and
3		residential buildings which has not been used for commercial
4		agricultural purposes within 5 years prior to the designation
5		of the redevelopment project area, unless the parcel is
6		included in an industrial park conservation area or the parcel
7		has been subdivided; provided that if the parcel was part of a
8		larger tract that has been divided into 3 or more smaller
9		tracts that were accepted for recording during the period from
10		1950 to 1990, then the parcel shall be deemed to have been
11		subdivided, and all proceedings and actions of the
12		municipality taken in that connection with respect to any
13		previously approved or designated redevelopment project area
14		or amended redevelopment project area are hereby validated and
15		hereby declared to be legally sufficient for all purposes of
16		this Act. For purposes of this Section and only for land
17		subject to the subdivision requirements of the Plat Act, land
18		is subdivided when the original plat of the proposed
19		Redevelopment Project Area or relevant portion thereof has
20		been properly certified, acknowledged, approved, and recorded
21		or filed in accordance with the Plat Act and a preliminary
22		plat, if any, for any subsequent phases of the proposed
23		Redevelopment Project Area or relevant portion thereof has
24		been properly approved and filed in accordance with the
25		applicable ordinance of the municipality.
26		(w) "Annual Total Increment" means the sum of each

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1		municipality's annual Net Sales Tax Increment and each
2		municipality's annual Net Utility Tax Increment. The ratio of
3		the Annual Total Increment of each municipality to the Annual
4		Total Increment for all municipalities, as most recently
5		calculated by the Department, shall determine the proportional
6		shares of the Illinois Tax Increment Fund to be distributed to
7		each municipality.
8		(x) "LEED certified" means any certification level of
9		construction elements by a qualified Leadership in Energy and
10		Environmental Design Accredited Professional as determined by
11		the U.S. Green Building Council.
12		(y) "Green Globes certified" means any certification level
13		of construction elements by a qualified Green Globes
14		Professional as determined by the Green Building Initiative.
15		(Source: P.A. 102-627, eff. 8-27-21.)
16		(Text of Section after amendment by P.A. 104-457)
17		Sec. 11-74.4-3. Definitions. The following terms, wherever
18		used or referred to in this Division 74.4 shall have the
19		following respective meanings, unless in any case a different
20		meaning clearly appears from the context.
21		(a) For any redevelopment project area that has been
22		designated pursuant to this Section by an ordinance adopted
23		prior to November 1, 1999 (the effective date of Public Act
24		91-478), "blighted area" shall have the meaning set forth in
25		this Section prior to that date.

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1		On and after November 1, 1999, "blighted area" means any
2		improved or vacant area within the boundaries of a
3		redevelopment project area located within the territorial
4		limits of the municipality where:
5		(1) If improved, industrial, commercial, and
6		residential buildings or improvements are detrimental to
7		the public safety, health, or welfare because of a
8		combination of 5 or more of the following factors, each of
9		which is (i) present, with that presence documented, to a
10		meaningful extent so that a municipality may reasonably
11		find that the factor is clearly present within the intent
12		of the Act and (ii) reasonably distributed throughout the
13		improved part of the redevelopment project area:
14		(A) Dilapidation. An advanced state of disrepair
15		or neglect of necessary repairs to the primary
16		structural components of buildings or improvements in
17		such a combination that a documented building
18		condition analysis determines that major repair is
19		required or the defects are so serious and so
20		extensive that the buildings must be removed.
21		(B) Obsolescence. The condition or process of
22		falling into disuse. Structures have become ill-suited
23		for the original use.
24		(C) Deterioration. With respect to buildings,
25		defects including, but not limited to, major defects
26		in the secondary building components such as doors,

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1		windows, porches, gutters and downspouts, and fascia.
2		With respect to surface improvements, that the
3		condition of roadways, alleys, curbs, gutters,
4		sidewalks, off-street parking, and surface storage
5		areas evidence deterioration, including, but not
6		limited to, surface cracking, crumbling, potholes,
7		depressions, loose paving material, and weeds
8		protruding through paved surfaces.
9		(D) Presence of structures below minimum code
10		standards. All structures that do not meet the
11		standards of zoning, subdivision, building, fire, and
12		other governmental codes applicable to property, but
13		not including housing and property maintenance codes.
14		(E) Illegal use of individual structures. The use
15		of structures in violation of applicable federal,
16		State, or local laws, exclusive of those applicable to
17		the presence of structures below minimum code
18		standards.
19		(F) Excessive vacancies. The presence of buildings
20		that are unoccupied or under-utilized and that
21		represent an adverse influence on the area because of
22		the frequency, extent, or duration of the vacancies.
23		(G) Lack of ventilation, light, or sanitary
24		facilities. The absence of adequate ventilation for
25		light or air circulation in spaces or rooms without
26		windows, or that require the removal of dust, odor,

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1		gas, smoke, or other noxious airborne materials.
2		Inadequate natural light and ventilation means the
3		absence of skylights or windows for interior spaces or
4		rooms and improper window sizes and amounts by room
5		area to window area ratios. Inadequate sanitary
6		facilities refers to the absence or inadequacy of
7		garbage storage and enclosure, bathroom facilities,
8		hot water and kitchens, and structural inadequacies
9		preventing ingress and egress to and from all rooms
10		and units within a building.
11		(H) Inadequate utilities. Underground and overhead
12		utilities such as storm sewers and storm drainage,
13		sanitary sewers, water lines, and gas, telephone, and
14		electrical services that are shown to be inadequate.
15		Inadequate utilities are those that are: (i) of
16		insufficient capacity to serve the uses in the
17		redevelopment project area, (ii) deteriorated,
18		antiquated, obsolete, or in disrepair, or (iii)
19		lacking within the redevelopment project area.
20		(I) Excessive land coverage and overcrowding of
21		structures and community facilities. The
22		over-intensive use of property and the crowding of
23		buildings and accessory facilities onto a site.
24		Examples of problem conditions warranting the
25		designation of an area as one exhibiting excessive
26		land coverage are: (i) the presence of buildings

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1		either improperly situated on parcels or located on
2		parcels of inadequate size and shape in relation to
3		present-day standards of development for health and
4		safety and (ii) the presence of multiple buildings on
5		a single parcel. For there to be a finding of excessive
6		land coverage, these parcels must exhibit one or more
7		of the following conditions: insufficient provision
8		for light and air within or around buildings,
9		increased threat of spread of fire due to the close
10		proximity of buildings, lack of adequate or proper
11		access to a public right-of-way, lack of reasonably
12		required off-street parking, or inadequate provision
13		for loading and service.
14		(J) Deleterious land use or layout. The existence
15		of incompatible land-use relationships, buildings
16		occupied by inappropriate mixed-uses, or uses
17		considered to be noxious, offensive, or unsuitable for
18		the surrounding area.
19		(K) Environmental clean-up. The proposed
20		redevelopment project area has incurred Illinois
21		Environmental Protection Agency or United States
22		Environmental Protection Agency remediation costs for,
23		or a study conducted by an independent consultant
24		recognized as having expertise in environmental
25		remediation has determined a need for, the clean-up of
26		hazardous waste, hazardous substances, or underground

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1		storage tanks required by State or federal law,
2		provided that the remediation costs constitute a
3		material impediment to the development or
4		redevelopment of the redevelopment project area.
5		(L) Lack of community planning. The proposed
6		redevelopment project area was developed prior to or
7		without the benefit or guidance of a community plan.
8		This means that the development occurred prior to the
9		adoption by the municipality of a comprehensive or
10		other community plan or that the plan was not followed
11		at the time of the area's development. This factor
12		must be documented by evidence of adverse or
13		incompatible land-use relationships, inadequate street
14		layout, improper subdivision, parcels of inadequate
15		shape and size to meet contemporary development
16		standards, or other evidence demonstrating an absence
17		of effective community planning.
18		(M) The total equalized assessed value of the
19		proposed redevelopment project area has declined for 3
20		of the last 5 calendar years prior to the year in which
21		the redevelopment project area is designated or is
22		increasing at an annual rate that is less than the
23		balance of the municipality for 3 of the last 5
24		calendar years for which information is available or
25		is increasing at an annual rate that is less than the
26		Consumer Price Index for All Urban Consumers published

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1		by the United States Department of Labor or successor
2		agency for 3 of the last 5 calendar years prior to the
3		year in which the redevelopment project area is
4		designated.
5		(2) If vacant, the sound growth of the redevelopment
6		project area is impaired by a combination of 2 or more of
7		the following factors, each of which is (i) present, with
8		that presence documented, to a meaningful extent so that a
9		municipality may reasonably find that the factor is
10		clearly present within the intent of the Act and (ii)
11		reasonably distributed throughout the vacant part of the
12		redevelopment project area to which it pertains:
13		(A) Obsolete platting of vacant land that results
14		in parcels of limited or narrow size or configurations
15		of parcels of irregular size or shape that would be
16		difficult to develop on a planned basis and in a manner
17		compatible with contemporary standards and
18		requirements, or platting that failed to create
19		rights-of-way for streets or alleys or that created
20		inadequate right-of-way widths for streets, alleys, or
21		other public rights-of-way or that omitted easements
22		for public utilities.
23		(B) Diversity of ownership of parcels of vacant
24		land sufficient in number to retard or impede the
25		ability to assemble the land for development.
26		(C) Tax and special assessment delinquencies exist

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1		or the property has been the subject of tax sales under
2		the Property Tax Code within the last 5 years.
3		(D) Deterioration of structures or site
4		improvements in neighboring areas adjacent to the
5		vacant land.
6		(E) The area has incurred Illinois Environmental
7		Protection Agency or United States Environmental
8		Protection Agency remediation costs for, or a study
9		conducted by an independent consultant recognized as
10		having expertise in environmental remediation has
11		determined a need for, the clean-up of hazardous
12		waste, hazardous substances, or underground storage
13		tanks required by State or federal law, provided that
14		the remediation costs constitute a material impediment
15		to the development or redevelopment of the
16		redevelopment project area.
17		(F) The total equalized assessed value of the
18		proposed redevelopment project area has declined for 3
19		of the last 5 calendar years prior to the year in which
20		the redevelopment project area is designated or is
21		increasing at an annual rate that is less than the
22		balance of the municipality for 3 of the last 5
23		calendar years for which information is available or
24		is increasing at an annual rate that is less than the
25		Consumer Price Index for All Urban Consumers published
26		by the United States Department of Labor or successor

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1		agency for 3 of the last 5 calendar years prior to the
2		year in which the redevelopment project area is
3		designated.
4		(3) If vacant, the sound growth of the redevelopment
5		project area is impaired by one of the following factors
6		that (i) is present, with that presence documented, to a
7		meaningful extent so that a municipality may reasonably
8		find that the factor is clearly present within the intent
9		of the Act and (ii) is reasonably distributed throughout
10		the vacant part of the redevelopment project area to which
11		it pertains:
12		(A) The area consists of one or more unused
13		quarries, mines, or strip mine ponds.
14		(B) The area consists of unused rail yards, rail
15		tracks, or railroad rights-of-way.
16		(C) The area, prior to its designation, is subject
17		to (i) chronic flooding that adversely impacts on real
18		property in the area as certified by a registered
19		professional engineer or appropriate regulatory agency
20		or (ii) surface water that discharges from all or a
21		part of the area and contributes to flooding within
22		the same watershed, but only if the redevelopment
23		project provides for facilities or improvements to
24		contribute to the alleviation of all or part of the
25		flooding.
26		(D) The area consists of an unused or illegal

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1		disposal site containing earth, stone, building
2		debris, or similar materials that were removed from
3		construction, demolition, excavation, or dredge sites.
4		(E) Prior to November 1, 1999, the area is not less
5		than 50 nor more than 100 acres and 75% of which is
6		vacant (notwithstanding that the area has been used
7		for commercial agricultural purposes within 5 years
8		prior to the designation of the redevelopment project
9		area), and the area meets at least one of the factors
10		itemized in paragraph (1) of this subsection, the area
11		has been designated as a town or village center by
12		ordinance or comprehensive plan adopted prior to
13		January 1, 1982, and the area has not been developed
14		for that designated purpose.
15		(F) The area qualified as a blighted improved area
16		immediately prior to becoming vacant, unless there has
17		been substantial private investment in the immediately
18		surrounding area.
19		(b) For any redevelopment project area that has been
20		designated pursuant to this Section by an ordinance adopted
21		prior to November 1, 1999 (the effective date of Public Act
22		91-478), "conservation area" shall have the meaning set forth
23		in this Section prior to that date.
24		On and after November 1, 1999, "conservation area" means
25		any improved area within the boundaries of a redevelopment
26		project area located within the territorial limits of the

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1		municipality in which 50% or more of the structures in the area
2		have an age of 35 years or more. Such an area is not yet a
3		blighted area but because of a combination of 3 or more of the
4		following factors is detrimental to the public safety, health,
5		morals or welfare and such an area may become a blighted area:
6		(1) Dilapidation. An advanced state of disrepair or
7		neglect of necessary repairs to the primary structural
8		components of buildings or improvements in such a
9		combination that a documented building condition analysis
10		determines that major repair is required or the defects
11		are so serious and so extensive that the buildings must be
12		removed.
13		(2) Obsolescence. The condition or process of falling
14		into disuse. Structures have become ill-suited for the
15		original use.
16		(3) Deterioration. With respect to buildings, defects
17		including, but not limited to, major defects in the
18		secondary building components such as doors, windows,
19		porches, gutters and downspouts, and fascia. With respect
20		to surface improvements, that the condition of roadways,
21		alleys, curbs, gutters, sidewalks, off-street parking, and
22		surface storage areas evidence deterioration, including,
23		but not limited to, surface cracking, crumbling, potholes,
24		depressions, loose paving material, and weeds protruding
25		through paved surfaces.
26		(4) Presence of structures below minimum code

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1		standards. All structures that do not meet the standards
2		of zoning, subdivision, building, fire, and other
3		governmental codes applicable to property, but not
4		including housing and property maintenance codes.
5		(5) Illegal use of individual structures. The use of
6		structures in violation of applicable federal, State, or
7		local laws, exclusive of those applicable to the presence
8		of structures below minimum code standards.
9		(6) Excessive vacancies. The presence of buildings
10		that are unoccupied or under-utilized and that represent
11		an adverse influence on the area because of the frequency,
12		extent, or duration of the vacancies.
13		(7) Lack of ventilation, light, or sanitary
14		facilities. The absence of adequate ventilation for light
15		or air circulation in spaces or rooms without windows, or
16		that require the removal of dust, odor, gas, smoke, or
17		other noxious airborne materials. Inadequate natural light
18		and ventilation means the absence or inadequacy of
19		skylights or windows for interior spaces or rooms and
20		improper window sizes and amounts by room area to window
21		area ratios. Inadequate sanitary facilities refers to the
22		absence or inadequacy of garbage storage and enclosure,
23		bathroom facilities, hot water and kitchens, and
24		structural inadequacies preventing ingress and egress to
25		and from all rooms and units within a building.
26		(8) Inadequate utilities. Underground and overhead

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1		utilities such as storm sewers and storm drainage,
2		sanitary sewers, water lines, and gas, telephone, and
3		electrical services that are shown to be inadequate.
4		Inadequate utilities are those that are: (i) of
5		insufficient capacity to serve the uses in the
6		redevelopment project area, (ii) deteriorated, antiquated,
7		obsolete, or in disrepair, or (iii) lacking within the
8		redevelopment project area.
9		(9) Excessive land coverage and overcrowding of
10		structures and community facilities. The over-intensive
11		use of property and the crowding of buildings and
12		accessory facilities onto a site. Examples of problem
13		conditions warranting the designation of an area as one
14		exhibiting excessive land coverage are: the presence of
15		buildings either improperly situated on parcels or located
16		on parcels of inadequate size and shape in relation to
17		present-day standards of development for health and safety
18		and the presence of multiple buildings on a single parcel.
19		For there to be a finding of excessive land coverage,
20		these parcels must exhibit one or more of the following
21		conditions: insufficient provision for light and air
22		within or around buildings, increased threat of spread of
23		fire due to the close proximity of buildings, lack of
24		adequate or proper access to a public right-of-way, lack
25		of reasonably required off-street parking, or inadequate
26		provision for loading and service.

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1		(10) Deleterious land use or layout. The existence of
2		incompatible land-use relationships, buildings occupied by
3		inappropriate mixed-uses, or uses considered to be
4		noxious, offensive, or unsuitable for the surrounding
5		area.
6		(11) Lack of community planning. The proposed
7		redevelopment project area was developed prior to or
8		without the benefit or guidance of a community plan. This
9		means that the development occurred prior to the adoption
10		by the municipality of a comprehensive or other community
11		plan or that the plan was not followed at the time of the
12		area's development. This factor must be documented by
13		evidence of adverse or incompatible land-use
14		relationships, inadequate street layout, improper
15		subdivision, parcels of inadequate shape and size to meet
16		contemporary development standards, or other evidence
17		demonstrating an absence of effective community planning.
18		(12) The area has incurred Illinois Environmental
19		Protection Agency or United States Environmental
20		Protection Agency remediation costs for, or a study
21		conducted by an independent consultant recognized as
22		having expertise in environmental remediation has
23		determined a need for, the clean-up of hazardous waste,
24		hazardous substances, or underground storage tanks
25		required by State or federal law, provided that the
26		remediation costs constitute a material impediment to the

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1		development or redevelopment of the redevelopment project
2		area.
3		(13) The total equalized assessed value of the
4		proposed redevelopment project area has declined for 3 of
5		the last 5 calendar years for which information is
6		available or is increasing at an annual rate that is less
7		than the balance of the municipality for 3 of the last 5
8		calendar years for which information is available or is
9		increasing at an annual rate that is less than the
10		Consumer Price Index for All Urban Consumers published by
11		the United States Department of Labor or successor agency
12		for 3 of the last 5 calendar years for which information is
13		available.
14		(c) "Industrial park" means an area in a blighted or
15		conservation area suitable for use by any manufacturing,
16		industrial, research or transportation enterprise, of
17		facilities to include but not be limited to factories, mills,
18		processing plants, assembly plants, packing plants,
19		fabricating plants, industrial distribution centers,
20		warehouses, repair overhaul or service facilities, freight
21		terminals, research facilities, test facilities or railroad
22		facilities.
23		(d) "Industrial park conservation area" means an area
24		within the boundaries of a redevelopment project area located
25		within the territorial limits of a municipality that is a
26		labor surplus municipality or within 1 1/2 miles of the

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1		territorial limits of a municipality that is a labor surplus
2		municipality if the area is annexed to the municipality; which
3		area is zoned as industrial no later than at the time the
4		municipality by ordinance designates the redevelopment project
5		area, and which area includes both vacant land suitable for
6		use as an industrial park and a blighted area or conservation
7		area contiguous to such vacant land.
8		(e) "Labor surplus municipality" means a municipality in
9		which, at any time during the 6 months before the municipality
10		by ordinance designates an industrial park conservation area,
11		the unemployment rate was over 6% and was also 100% or more of
12		the national average unemployment rate for that same time as
13		published in the United States Department of Labor Bureau of
14		Labor Statistics publication entitled "The Employment
15		Situation" or its successor publication. For the purpose of
16		this subsection, if unemployment rate statistics for the
17		municipality are not available, the unemployment rate in the
18		municipality shall be deemed to be the same as the
19		unemployment rate in the principal county in which the
20		municipality is located.
21		(f) "Municipality" shall mean a city, village,
22		incorporated town, or a township that is located in the
23		unincorporated portion of a county with 3 million or more
24		inhabitants, if the county adopted an ordinance that approved
25		the township's redevelopment plan.
26		(g) "Initial Sales Tax Amounts" means the amount of taxes

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1		paid under the Retailers' Occupation Tax Act, Use Tax Act,
2		Service Use Tax Act, the Service Occupation Tax Act, the
3		Municipal Retailers' Occupation Tax Act, and the Municipal
4		Service Occupation Tax Act by retailers and servicemen on
5		transactions at places located in a State Sales Tax Boundary
6		during the calendar year 1985.
7		(g-1) "Revised Initial Sales Tax Amounts" means the amount
8		of taxes paid under the Retailers' Occupation Tax Act, Use Tax
9		Act, Service Use Tax Act, the Service Occupation Tax Act, the
10		Municipal Retailers' Occupation Tax Act, and the Municipal
11		Service Occupation Tax Act by retailers and servicemen on
12		transactions at places located within the State Sales Tax
13		Boundary revised pursuant to Section 11-74.4-8a(9) of this
14		Act.
15		(h) "Municipal Sales Tax Increment" means an amount equal
16		to the increase in the aggregate amount of taxes paid to a
17		municipality from the Local Government Tax Fund arising from
18		sales by retailers and servicemen within the redevelopment
19		project area or State Sales Tax Boundary, as the case may be,
20		for as long as the redevelopment project area or State Sales
21		Tax Boundary, as the case may be, exist over and above the
22		aggregate amount of taxes as certified by the Illinois
23		Department of Revenue and paid under the Municipal Retailers'
24		Occupation Tax Act and the Municipal Service Occupation Tax
25		Act by retailers and servicemen, on transactions at places of
26		business located in the redevelopment project area or State

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1		Sales Tax Boundary, as the case may be, during the base year
2		which shall be the calendar year immediately prior to the year
3		in which the municipality adopted tax increment allocation
4		financing. For purposes of computing the aggregate amount of
5		such taxes for base years occurring prior to 1985, the
6		Department of Revenue shall determine the Initial Sales Tax
7		Amounts for such taxes and deduct therefrom an amount equal to
8		4% of the aggregate amount of taxes per year for each year the
9		base year is prior to 1985, but not to exceed a total deduction
10		of 12%. The amount so determined shall be known as the
11		"Adjusted Initial Sales Tax Amounts". For purposes of
12		determining the Municipal Sales Tax Increment, the Department
13		of Revenue shall for each period subtract from the amount paid
14		to the municipality from the Local Government Tax Fund arising
15		from sales by retailers and servicemen on transactions located
16		in the redevelopment project area or the State Sales Tax
17		Boundary, as the case may be, the certified Initial Sales Tax
18		Amounts, the Adjusted Initial Sales Tax Amounts or the Revised
19		Initial Sales Tax Amounts for the Municipal Retailers'
20		Occupation Tax Act and the Municipal Service Occupation Tax
21		Act. For the State Fiscal Year 1989, this calculation shall be
22		made by utilizing the calendar year 1987 to determine the tax
23		amounts received. For the State Fiscal Year 1990, this
24		calculation shall be made by utilizing the period from January
25		1, 1988, until September 30, 1988, to determine the tax
26		amounts received from retailers and servicemen pursuant to the

HB3595 Enrolled - 330 - LRB104 08153 BAB 18201 b
1		Municipal Retailers' Occupation Tax and the Municipal Service
2		Occupation Tax Act, which shall have deducted therefrom
3		nine-twelfths of the certified Initial Sales Tax Amounts, the
4		Adjusted Initial Sales Tax Amounts or the Revised Initial
5		Sales Tax Amounts as appropriate. For the State Fiscal Year
6		1991, this calculation shall be made by utilizing the period
7		from October 1, 1988, to June 30, 1989, to determine the tax
8		amounts received from retailers and servicemen pursuant to the
9		Municipal Retailers' Occupation Tax and the Municipal Service
10		Occupation Tax Act which shall have deducted therefrom
11		nine-twelfths of the certified Initial Sales Tax Amounts,
12		Adjusted Initial Sales Tax Amounts or the Revised Initial
13		Sales Tax Amounts as appropriate. For every State Fiscal Year
14		thereafter, the applicable period shall be the 12 months
15		beginning July 1 and ending June 30 to determine the tax
16		amounts received which shall have deducted therefrom the
17		certified Initial Sales Tax Amounts, the Adjusted Initial
18		Sales Tax Amounts or the Revised Initial Sales Tax Amounts, as
19		the case may be.
20		(i) "Net State Sales Tax Increment" means the sum of the
21		following: (a) 80% of the first $100,000 of State Sales Tax
22		Increment annually generated within a State Sales Tax
23		Boundary; (b) 60% of the amount in excess of $100,000 but not
24		exceeding $500,000 of State Sales Tax Increment annually
25		generated within a State Sales Tax Boundary; and (c) 40% of all
26		amounts in excess of $500,000 of State Sales Tax Increment

HB3595 Enrolled - 331 - LRB104 08153 BAB 18201 b
1		annually generated within a State Sales Tax Boundary. If,
2		however, a municipality established a tax increment financing
3		district in a county with a population in excess of 3,000,000
4		before January 1, 1986, and the municipality entered into a
5		contract or issued bonds after January 1, 1986, but before
6		December 31, 1986, to finance redevelopment project costs
7		within a State Sales Tax Boundary, then the Net State Sales Tax
8		Increment means, for the fiscal years beginning July 1, 1990,
9		and July 1, 1991, 100% of the State Sales Tax Increment
10		annually generated within a State Sales Tax Boundary; and
11		notwithstanding any other provision of this Act, for those
12		fiscal years the Department of Revenue shall distribute to
13		those municipalities 100% of their Net State Sales Tax
14		Increment before any distribution to any other municipality
15		and regardless of whether or not those other municipalities
16		will receive 100% of their Net State Sales Tax Increment. For
17		Fiscal Year 1999, and every year thereafter until the year
18		2007, for any municipality that has not entered into a
19		contract or has not issued bonds prior to June 1, 1988 to
20		finance redevelopment project costs within a State Sales Tax
21		Boundary, the Net State Sales Tax Increment shall be
22		calculated as follows: By multiplying the Net State Sales Tax
23		Increment by 90% in the State Fiscal Year 1999; 80% in the
24		State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
25		in the State Fiscal Year 2002; 50% in the State Fiscal Year
26		2003; 40% in the State Fiscal Year 2004; 30% in the State

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1		Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
2		the State Fiscal Year 2007. No payment shall be made for State
3		Fiscal Year 2008 and thereafter.
4		Municipalities that issued bonds in connection with a
5		redevelopment project in a redevelopment project area within
6		the State Sales Tax Boundary prior to July 29, 1991, or that
7		entered into contracts in connection with a redevelopment
8		project in a redevelopment project area before June 1, 1988,
9		shall continue to receive their proportional share of the
10		Illinois Tax Increment Fund distribution until the date on
11		which the redevelopment project is completed or terminated.
12		If, however, a municipality that issued bonds in connection
13		with a redevelopment project in a redevelopment project area
14		within the State Sales Tax Boundary prior to July 29, 1991
15		retires the bonds prior to June 30, 2007 or a municipality that
16		entered into contracts in connection with a redevelopment
17		project in a redevelopment project area before June 1, 1988
18		completes the contracts prior to June 30, 2007, then so long as
19		the redevelopment project is not completed or is not
20		terminated, the Net State Sales Tax Increment shall be
21		calculated, beginning on the date on which the bonds are
22		retired or the contracts are completed, as follows: By
23		multiplying the Net State Sales Tax Increment by 60% in the
24		State Fiscal Year 2002; 50% in the State Fiscal Year 2003; 40%
25		in the State Fiscal Year 2004; 30% in the State Fiscal Year
26		2005; 20% in the State Fiscal Year 2006; and 10% in the State

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1		Fiscal Year 2007. No payment shall be made for State Fiscal
2		Year 2008 and thereafter. Refunding of any bonds issued prior
3		to July 29, 1991, shall not alter the Net State Sales Tax
4		Increment.
5		(j) "State Utility Tax Increment Amount" means an amount
6		equal to the aggregate increase in State electric and gas tax
7		charges imposed on owners and tenants, other than residential
8		customers, of properties located within the redevelopment
9		project area under Section 9-222 of the Public Utilities Act,
10		over and above the aggregate of such charges as certified by
11		the Department of Revenue and paid by owners and tenants,
12		other than residential customers, of properties within the
13		redevelopment project area during the base year, which shall
14		be the calendar year immediately prior to the year of the
15		adoption of the ordinance authorizing tax increment allocation
16		financing.
17		(k) "Net State Utility Tax Increment" means the sum of the
18		following: (a) 80% of the first $100,000 of State Utility Tax
19		Increment annually generated by a redevelopment project area;
20		(b) 60% of the amount in excess of $100,000 but not exceeding
21		$500,000 of the State Utility Tax Increment annually generated
22		by a redevelopment project area; and (c) 40% of all amounts in
23		excess of $500,000 of State Utility Tax Increment annually
24		generated by a redevelopment project area. For the State
25		Fiscal Year 1999, and every year thereafter until the year
26		2007, for any municipality that has not entered into a

HB3595 Enrolled - 334 - LRB104 08153 BAB 18201 b
1		contract or has not issued bonds prior to June 1, 1988 to
2		finance redevelopment project costs within a redevelopment
3		project area, the Net State Utility Tax Increment shall be
4		calculated as follows: By multiplying the Net State Utility
5		Tax Increment by 90% in the State Fiscal Year 1999; 80% in the
6		State Fiscal Year 2000; 70% in the State Fiscal Year 2001; 60%
7		in the State Fiscal Year 2002; 50% in the State Fiscal Year
8		2003; 40% in the State Fiscal Year 2004; 30% in the State
9		Fiscal Year 2005; 20% in the State Fiscal Year 2006; and 10% in
10		the State Fiscal Year 2007. No payment shall be made for the
11		State Fiscal Year 2008 and thereafter.
12		Municipalities that issue bonds in connection with the
13		redevelopment project during the period from June 1, 1988
14		until 3 years after the effective date of this Amendatory Act
15		of 1988 shall receive the Net State Utility Tax Increment,
16		subject to appropriation, for 15 State Fiscal Years after the
17		issuance of such bonds. For the 16th through the 20th State
18		Fiscal Years after issuance of the bonds, the Net State
19		Utility Tax Increment shall be calculated as follows: By
20		multiplying the Net State Utility Tax Increment by 90% in year
21		16; 80% in year 17; 70% in year 18; 60% in year 19; and 50% in
22		year 20. Refunding of any bonds issued prior to June 1, 1988,
23		shall not alter the revised Net State Utility Tax Increment
24		payments set forth above.
25		(l) "Obligations" mean bonds, loans, debentures, notes,
26		special certificates or other evidence of indebtedness issued

HB3595 Enrolled - 335 - LRB104 08153 BAB 18201 b
1		by the municipality to carry out a redevelopment project or to
2		refund outstanding obligations.
3		(m) "Payment in lieu of taxes" means those estimated tax
4		revenues from real property in a redevelopment project area
5		derived from real property that has been acquired by a
6		municipality which according to the redevelopment project or
7		plan is to be used for a private use which taxing districts
8		would have received had a municipality not acquired the real
9		property and adopted tax increment allocation financing and
10		which would result from levies made after the time of the
11		adoption of tax increment allocation financing to the time the
12		current equalized value of real property in the redevelopment
13		project area exceeds the total initial equalized value of real
14		property in said area.
15		(n) "Redevelopment plan" means the comprehensive program
16		of the municipality for development or redevelopment intended
17		by the payment of redevelopment project costs to reduce or
18		eliminate those conditions the existence of which qualified
19		the redevelopment project area as a "blighted area" or
20		"conservation area" or combination thereof or "industrial park
21		conservation area," and thereby to enhance the tax bases of
22		the taxing districts which extend into the redevelopment
23		project area, provided that, with respect to redevelopment
24		project areas described in subsections (p-1) and (p-2),
25		"redevelopment plan" means the comprehensive program of the
26		affected municipality for the development of qualifying

HB3595 Enrolled - 336 - LRB104 08153 BAB 18201 b
1		transit facilities. On and after November 1, 1999 (the
2		effective date of Public Act 91-478), no redevelopment plan
3		may be approved or amended that includes the development of
4		vacant land (i) with a golf course and related clubhouse and
5		other facilities or (ii) designated by federal, State, county,
6		or municipal government as public land for outdoor
7		recreational activities or for nature preserves and used for
8		that purpose within 5 years prior to the adoption of the
9		redevelopment plan. For the purpose of this subsection,
10		"recreational activities" is limited to mean camping and
11		hunting. Each redevelopment plan shall set forth in writing
12		the program to be undertaken to accomplish the objectives and
13		shall include but not be limited to:
14		(A) an itemized list of estimated redevelopment
15		project costs;
16		(B) evidence indicating that the redevelopment project
17		area on the whole has not been subject to growth and
18		development through investment by private enterprise,
19		provided that such evidence shall not be required for any
20		redevelopment project area located within a transit
21		facility improvement area established pursuant to Section
22		11-74.4-3.3;
23		(C) an assessment of any financial impact of the
24		redevelopment project area on or any increased demand for
25		services from any taxing district affected by the plan and
26		any program to address such financial impact or increased

HB3595 Enrolled - 337 - LRB104 08153 BAB 18201 b
1		demand;
2		(D) the sources of funds to pay costs;
3		(E) the nature and term of the obligations to be
4		issued;
5		(F) the most recent equalized assessed valuation of
6		the redevelopment project area;
7		(G) an estimate as to the equalized assessed valuation
8		after redevelopment and the general land uses to apply in
9		the redevelopment project area;
10		(H) a commitment to fair employment practices and an
11		affirmative action plan;
12		(I) if it concerns an industrial park conservation
13		area, the plan shall also include a general description of
14		any proposed developer, user and tenant of any property, a
15		description of the type, structure and general character
16		of the facilities to be developed, a description of the
17		type, class and number of new employees to be employed in
18		the operation of the facilities to be developed; and
19		(J) if property is to be annexed to the municipality,
20		the plan shall include the terms of the annexation
21		agreement.
22		The provisions of items (B) and (C) of this subsection (n)
23		shall not apply to a municipality that before March 14, 1994
24		(the effective date of Public Act 88-537) had fixed, either by
25		its corporate authorities or by a commission designated under
26		subsection (k) of Section 11-74.4-4, a time and place for a

HB3595 Enrolled - 338 - LRB104 08153 BAB 18201 b
1		public hearing as required by subsection (a) of Section
2		11-74.4-5. No redevelopment plan shall be adopted unless a
3		municipality complies with all of the following requirements:
4		(1) The municipality finds that the redevelopment
5		project area on the whole has not been subject to growth
6		and development through investment by private enterprise
7		and would not reasonably be anticipated to be developed
8		without the adoption of the redevelopment plan, provided,
9		however, that such a finding shall not be required with
10		respect to any redevelopment project area located within a
11		transit facility improvement area established pursuant to
12		Section 11-74.4-3.3.
13		(2) The municipality finds that the redevelopment plan
14		and project conform to the comprehensive plan for the
15		development of the municipality as a whole, or, for
16		municipalities with a population of 100,000 or more,
17		regardless of when the redevelopment plan and project was
18		adopted, the redevelopment plan and project either: (i)
19		conforms to the strategic economic development or
20		redevelopment plan issued by the designated planning
21		authority of the municipality, or (ii) includes land uses
22		that have been approved by the planning commission of the
23		municipality.
24		(3) The redevelopment plan establishes the estimated
25		dates of completion of the redevelopment project and
26		retirement of obligations issued to finance redevelopment

HB3595 Enrolled - 339 - LRB104 08153 BAB 18201 b
1		project costs. Those dates may not be later than the dates
2		set forth under Section 11-74.4-3.5.
3		A municipality may by municipal ordinance amend an
4		existing redevelopment plan to conform to this paragraph
5		(3) as amended by Public Act 91-478, which municipal
6		ordinance may be adopted without further hearing or notice
7		and without complying with the procedures provided in this
8		Act pertaining to an amendment to or the initial approval
9		of a redevelopment plan and project and designation of a
10		redevelopment project area.
11		(3.5) The municipality finds, in the case of an
12		industrial park conservation area, also that the
13		municipality is a labor surplus municipality and that the
14		implementation of the redevelopment plan will reduce
15		unemployment, create new jobs and by the provision of new
16		facilities enhance the tax base of the taxing districts
17		that extend into the redevelopment project area.
18		(4) If any incremental revenues are being utilized
19		under Section 8(a)(1) or 8(a)(2) of this Act in
20		redevelopment project areas approved by ordinance after
21		January 1, 1986, the municipality finds: (a) that the
22		redevelopment project area would not reasonably be
23		developed without the use of such incremental revenues,
24		and (b) that such incremental revenues will be exclusively
25		utilized for the development of the redevelopment project
26		area.

HB3595 Enrolled - 340 - LRB104 08153 BAB 18201 b
1		(5) If: (a) the redevelopment plan will not result in
2		displacement of residents from 10 or more inhabited
3		residential units, and the municipality certifies in the
4		plan that such displacement will not result from the plan;
5		or (b) the redevelopment plan is for a redevelopment
6		project area or a qualifying transit facility located
7		within a transit facility improvement area established
8		pursuant to Section 11-74.4-3.3, and the applicable
9		project is subject to the process for evaluation of
10		environmental effects under the National Environmental
11		Policy Act of 1969, 42 U.S.C. 4321 et seq., then a housing
12		impact study need not be performed. If, however, the
13		redevelopment plan would result in the displacement of
14		residents from 10 or more inhabited residential units, or
15		if the redevelopment project area contains 75 or more
16		inhabited residential units and no certification is made,
17		then the municipality shall prepare, as part of the
18		separate feasibility report required by subsection (a) of
19		Section 11-74.4-5, a housing impact study.
20		Part I of the housing impact study shall include (i)
21		data as to whether the residential units are single family
22		or multi-family units, (ii) the number and type of rooms
23		within the units, if that information is available, (iii)
24		whether the units are inhabited or uninhabited, as
25		determined not less than 45 days before the date that the
26		ordinance or resolution required by subsection (a) of

HB3595 Enrolled - 341 - LRB104 08153 BAB 18201 b
1		Section 11-74.4-5 is passed, and (iv) data as to the
2		racial and ethnic composition of the residents in the
3		inhabited residential units. The data requirement as to
4		the racial and ethnic composition of the residents in the
5		inhabited residential units shall be deemed to be fully
6		satisfied by data from the most recent federal census.
7		Part II of the housing impact study shall identify the
8		inhabited residential units in the proposed redevelopment
9		project area that are to be or may be removed. If inhabited
10		residential units are to be removed, then the housing
11		impact study shall identify (i) the number and location of
12		those units that will or may be removed, (ii) the
13		municipality's plans for relocation assistance for those
14		residents in the proposed redevelopment project area whose
15		residences are to be removed, (iii) the availability of
16		replacement housing for those residents whose residences
17		are to be removed, and shall identify the type, location,
18		and cost of the housing, and (iv) the type and extent of
19		relocation assistance to be provided.
20		(6) On and after November 1, 1999, the housing impact
21		study required by paragraph (5) shall be incorporated in
22		the redevelopment plan for the redevelopment project area.
23		(7) On and after November 1, 1999, no redevelopment
24		plan shall be adopted, nor an existing plan amended, nor
25		shall residential housing that is occupied by households
26		of low-income and very low-income persons in currently

HB3595 Enrolled - 342 - LRB104 08153 BAB 18201 b
1		existing redevelopment project areas be removed after
2		November 1, 1999 unless the redevelopment plan provides,
3		with respect to inhabited housing units that are to be
4		removed for households of low-income and very low-income
5		persons, affordable housing and relocation assistance not
6		less than that which would be provided under the federal
7		Uniform Relocation Assistance and Real Property
8		Acquisition Policies Act of 1970 and the regulations under
9		that Act, including the eligibility criteria. Affordable
10		housing may be either existing or newly constructed
11		housing. For purposes of this paragraph (7), "low-income
12		households", "very low-income households", and "affordable
13		housing" have the meanings set forth in the Illinois
14		Affordable Housing Act. The municipality shall make a good
15		faith effort to ensure that this affordable housing is
16		located in or near the redevelopment project area within
17		the municipality.
18		(8) On and after November 1, 1999, if, after the
19		adoption of the redevelopment plan for the redevelopment
20		project area, any municipality desires to amend its
21		redevelopment plan to remove more inhabited residential
22		units than specified in its original redevelopment plan,
23		that change shall be made in accordance with the
24		procedures in subsection (c) of Section 11-74.4-5.
25		(9) For redevelopment project areas designated prior
26		to November 1, 1999, the redevelopment plan may be amended

HB3595 Enrolled - 343 - LRB104 08153 BAB 18201 b
1		without further joint review board meeting or hearing,
2		provided that the municipality shall give notice of any
3		such changes by mail to each affected taxing district and
4		registrant on the interested party registry, to authorize
5		the municipality to expend tax increment revenues for
6		redevelopment project costs defined by paragraphs (5) and
7		(7.5), subparagraphs (E) and (F) of paragraph (11), and
8		paragraph (11.5) of subsection (q) of Section 11-74.4-3,
9		so long as the changes do not increase the total estimated
10		redevelopment project costs set out in the redevelopment
11		plan by more than 5% after adjustment for inflation from
12		the date the plan was adopted.
13		(o) "Redevelopment project" means any public and private
14		development project in furtherance of the objectives of a
15		redevelopment plan. On and after November 1, 1999 (the
16		effective date of Public Act 91-478), no redevelopment plan
17		may be approved or amended that includes the development of
18		vacant land (i) with a golf course and related clubhouse and
19		other facilities or (ii) designated by federal, State, county,
20		or municipal government as public land for outdoor
21		recreational activities or for nature preserves and used for
22		that purpose within 5 years prior to the adoption of the
23		redevelopment plan. For the purpose of this subsection,
24		"recreational activities" is limited to mean camping and
25		hunting.
26		(p) "Redevelopment project area" means an area designated

HB3595 Enrolled - 344 - LRB104 08153 BAB 18201 b
1		by the municipality, which is not less in the aggregate than 1
2		1/2 acres and in respect to which the municipality has made a
3		finding that there exist conditions which cause the area to be
4		classified as an industrial park conservation area or a
5		blighted area or a conservation area, or a combination of both
6		blighted areas and conservation areas.
7		(p-1) Notwithstanding any provision of this Act to the
8		contrary, on and after August 25, 2009 (the effective date of
9		Public Act 96-680), a redevelopment project area may include
10		areas within a one-half mile radius of an existing or proposed
11		Northern Illinois Transit Authority Suburban Transit Access
12		Route (STAR Line) station without a finding that the area is
13		classified as an industrial park conservation area, a blighted
14		area, a conservation area, or a combination thereof, but only
15		if the municipality receives unanimous consent from the joint
16		review board created to review the proposed redevelopment
17		project area.
18		(p-2) Notwithstanding any provision of this Act to the
19		contrary, on and after the effective date of this amendatory
20		Act of the 99th General Assembly, a redevelopment project area
21		may include areas within a transit facility improvement area
22		that has been established pursuant to Section 11-74.4-3.3
23		without a finding that the area is classified as an industrial
24		park conservation area, a blighted area, a conservation area,
25		or any combination thereof.
26		(q) "Redevelopment project costs", except for

HB3595 Enrolled - 345 - LRB104 08153 BAB 18201 b
1		redevelopment project areas created pursuant to subsection
2		(p-1) or (p-2), means and includes the sum total of all
3		reasonable or necessary costs incurred or estimated to be
4		incurred, and any such costs incidental to a redevelopment
5		plan and a redevelopment project. Such costs include, without
6		limitation, the following:
7		(1) Costs of studies, surveys, development of plans,
8		and specifications, implementation and administration of
9		the redevelopment plan including but not limited to staff
10		and professional service costs for architectural,
11		engineering, legal, financial, planning or other services,
12		provided however that no charges for professional services
13		may be based on a percentage of the tax increment
14		collected; except that on and after November 1, 1999 (the
15		effective date of Public Act 91-478), no contracts for
16		professional services, excluding architectural and
17		engineering services, may be entered into if the terms of
18		the contract extend beyond a period of 3 years. In
19		addition, "redevelopment project costs" shall not include
20		lobbying expenses. After consultation with the
21		municipality, each tax increment consultant or advisor to
22		a municipality that plans to designate or has designated a
23		redevelopment project area shall inform the municipality
24		in writing of any contracts that the consultant or advisor
25		has entered into with entities or individuals that have
26		received, or are receiving, payments financed by tax

HB3595 Enrolled - 346 - LRB104 08153 BAB 18201 b
1		increment revenues produced by the redevelopment project
2		area with respect to which the consultant or advisor has
3		performed, or will be performing, service for the
4		municipality. This requirement shall be satisfied by the
5		consultant or advisor before the commencement of services
6		for the municipality and thereafter whenever any other
7		contracts with those individuals or entities are executed
8		by the consultant or advisor;
9		(1.5) After July 1, 1999, annual administrative costs
10		shall not include general overhead or administrative costs
11		of the municipality that would still have been incurred by
12		the municipality if the municipality had not designated a
13		redevelopment project area or approved a redevelopment
14		plan;
15		(1.6) The cost of marketing sites within the
16		redevelopment project area to prospective businesses,
17		developers, and investors;
18		(2) Property assembly costs, including but not limited
19		to acquisition of land and other property, real or
20		personal, or rights or interests therein, demolition of
21		buildings, site preparation, site improvements that serve
22		as an engineered barrier addressing ground level or below
23		ground environmental contamination, including, but not
24		limited to parking lots and other concrete or asphalt
25		barriers, and the clearing and grading of land;
26		(3) Costs of rehabilitation, reconstruction or repair

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1		or remodeling of existing public or private buildings,
2		fixtures, and leasehold improvements; and the cost of
3		replacing an existing public building if pursuant to the
4		implementation of a redevelopment project the existing
5		public building is to be demolished to use the site for
6		private investment or devoted to a different use requiring
7		private investment; including any direct or indirect costs
8		relating to Green Globes or LEED certified construction
9		elements or construction elements with an equivalent
10		certification;
11		(4) Costs of the construction of public works or
12		improvements, including any direct or indirect costs
13		relating to Green Globes or LEED certified construction
14		elements or construction elements with an equivalent
15		certification, except that on and after November 1, 1999,
16		redevelopment project costs shall not include the cost of
17		constructing a new municipal public building principally
18		used to provide offices, storage space, or conference
19		facilities or vehicle storage, maintenance, or repair for
20		administrative, public safety, or public works personnel
21		and that is not intended to replace an existing public
22		building as provided under paragraph (3) of subsection (q)
23		of Section 11-74.4-3 unless either (i) the construction of
24		the new municipal building implements a redevelopment
25		project that was included in a redevelopment plan that was
26		adopted by the municipality prior to November 1, 1999,

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1		(ii) the municipality makes a reasonable determination in
2		the redevelopment plan, supported by information that
3		provides the basis for that determination, that the new
4		municipal building is required to meet an increase in the
5		need for public safety purposes anticipated to result from
6		the implementation of the redevelopment plan, or (iii) the
7		new municipal public building is for the storage,
8		maintenance, or repair of transit vehicles and is located
9		in a transit facility improvement area that has been
10		established pursuant to Section 11-74.4-3.3;
11		(5) Costs of job training and retraining projects,
12		including the cost of "welfare to work" programs
13		implemented by businesses located within the redevelopment
14		project area;
15		(6) Financing costs, including but not limited to all
16		necessary and incidental expenses related to the issuance
17		of obligations and which may include payment of interest
18		on any obligations issued hereunder including interest
19		accruing during the estimated period of construction of
20		any redevelopment project for which such obligations are
21		issued and for not exceeding 36 months thereafter and
22		including reasonable reserves related thereto;
23		(7) To the extent the municipality by written
24		agreement accepts and approves the same, all or a portion
25		of a taxing district's capital costs resulting from the
26		redevelopment project necessarily incurred or to be

HB3595 Enrolled - 349 - LRB104 08153 BAB 18201 b
1		incurred within a taxing district in furtherance of the
2		objectives of the redevelopment plan and project;
3		(7.5) For redevelopment project areas designated (or
4		redevelopment project areas amended to add or increase the
5		number of tax-increment-financing assisted housing units)
6		on or after November 1, 1999, an elementary, secondary, or
7		unit school district's increased costs attributable to
8		assisted housing units located within the redevelopment
9		project area for which the developer or redeveloper
10		receives financial assistance through an agreement with
11		the municipality or because the municipality incurs the
12		cost of necessary infrastructure improvements within the
13		boundaries of the assisted housing sites necessary for the
14		completion of that housing as authorized by this Act, and
15		which costs shall be paid by the municipality from the
16		Special Tax Allocation Fund when the tax increment revenue
17		is received as a result of the assisted housing units and
18		shall be calculated annually as follows:
19		(A) for foundation districts, excluding any school
20		district in a municipality with a population in excess
21		of 1,000,000, by multiplying the district's increase
22		in attendance resulting from the net increase in new
23		students enrolled in that school district who reside
24		in housing units within the redevelopment project area
25		that have received financial assistance through an
26		agreement with the municipality or because the

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1		municipality incurs the cost of necessary
2		infrastructure improvements within the boundaries of
3		the housing sites necessary for the completion of that
4		housing as authorized by this Act since the
5		designation of the redevelopment project area by the
6		most recently available per capita tuition cost as
7		defined in Section 10-20.12a of the School Code less
8		any increase in general State aid as defined in
9		Section 18-8.05 of the School Code or evidence-based
10		funding as defined in Section 18-8.15 of the School
11		Code attributable to these added new students subject
12		to the following annual limitations:
13		(i) for unit school districts with a district
14		average 1995-96 Per Capita Tuition Charge of less
15		than $5,900, no more than 25% of the total amount
16		of property tax increment revenue produced by
17		those housing units that have received tax
18		increment finance assistance under this Act;
19		(ii) for elementary school districts with a
20		district average 1995-96 Per Capita Tuition Charge
21		of less than $5,900, no more than 17% of the total
22		amount of property tax increment revenue produced
23		by those housing units that have received tax
24		increment finance assistance under this Act; and
25		(iii) for secondary school districts with a
26		district average 1995-96 Per Capita Tuition Charge

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1		of less than $5,900, no more than 8% of the total
2		amount of property tax increment revenue produced
3		by those housing units that have received tax
4		increment finance assistance under this Act.
5		(B) For alternate method districts, flat grant
6		districts, and foundation districts with a district
7		average 1995-96 Per Capita Tuition Charge equal to or
8		more than $5,900, excluding any school district with a
9		population in excess of 1,000,000, by multiplying the
10		district's increase in attendance resulting from the
11		net increase in new students enrolled in that school
12		district who reside in housing units within the
13		redevelopment project area that have received
14		financial assistance through an agreement with the
15		municipality or because the municipality incurs the
16		cost of necessary infrastructure improvements within
17		the boundaries of the housing sites necessary for the
18		completion of that housing as authorized by this Act
19		since the designation of the redevelopment project
20		area by the most recently available per capita tuition
21		cost as defined in Section 10-20.12a of the School
22		Code less any increase in general state aid as defined
23		in Section 18-8.05 of the School Code or
24		evidence-based funding as defined in Section 18-8.15
25		of the School Code attributable to these added new
26		students subject to the following annual limitations:

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1		(i) for unit school districts, no more than
2		40% of the total amount of property tax increment
3		revenue produced by those housing units that have
4		received tax increment finance assistance under
5		this Act;
6		(ii) for elementary school districts, no more
7		than 27% of the total amount of property tax
8		increment revenue produced by those housing units
9		that have received tax increment finance
10		assistance under this Act; and
11		(iii) for secondary school districts, no more
12		than 13% of the total amount of property tax
13		increment revenue produced by those housing units
14		that have received tax increment finance
15		assistance under this Act.
16		(C) For any school district in a municipality with
17		a population in excess of 1,000,000, the following
18		restrictions shall apply to the reimbursement of
19		increased costs under this paragraph (7.5):
20		(i) no increased costs shall be reimbursed
21		unless the school district certifies that each of
22		the schools affected by the assisted housing
23		project is at or over its student capacity;
24		(ii) the amount reimbursable shall be reduced
25		by the value of any land donated to the school
26		district by the municipality or developer, and by

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1		the value of any physical improvements made to the
2		schools by the municipality or developer; and
3		(iii) the amount reimbursed may not affect
4		amounts otherwise obligated by the terms of any
5		bonds, notes, or other funding instruments, or the
6		terms of any redevelopment agreement.
7		Any school district seeking payment under this
8		paragraph (7.5) shall, after July 1 and before
9		September 30 of each year, provide the municipality
10		with reasonable evidence to support its claim for
11		reimbursement before the municipality shall be
12		required to approve or make the payment to the school
13		district. If the school district fails to provide the
14		information during this period in any year, it shall
15		forfeit any claim to reimbursement for that year.
16		School districts may adopt a resolution waiving the
17		right to all or a portion of the reimbursement
18		otherwise required by this paragraph (7.5). By
19		acceptance of this reimbursement the school district
20		waives the right to directly or indirectly set aside,
21		modify, or contest in any manner the establishment of
22		the redevelopment project area or projects;
23		(7.7) For redevelopment project areas designated (or
24		redevelopment project areas amended to add or increase the
25		number of tax-increment-financing assisted housing units)
26		on or after January 1, 2005 (the effective date of Public

HB3595 Enrolled - 354 - LRB104 08153 BAB 18201 b
1		Act 93-961), a public library district's increased costs
2		attributable to assisted housing units located within the
3		redevelopment project area for which the developer or
4		redeveloper receives financial assistance through an
5		agreement with the municipality or because the
6		municipality incurs the cost of necessary infrastructure
7		improvements within the boundaries of the assisted housing
8		sites necessary for the completion of that housing as
9		authorized by this Act shall be paid to the library
10		district by the municipality from the Special Tax
11		Allocation Fund when the tax increment revenue is received
12		as a result of the assisted housing units. This paragraph
13		(7.7) applies only if (i) the library district is located
14		in a county that is subject to the Property Tax Extension
15		Limitation Law or (ii) the library district is not located
16		in a county that is subject to the Property Tax Extension
17		Limitation Law but the district is prohibited by any other
18		law from increasing its tax levy rate without a prior
19		voter referendum.
20		The amount paid to a library district under this
21		paragraph (7.7) shall be calculated by multiplying (i) the
22		net increase in the number of persons eligible to obtain a
23		library card in that district who reside in housing units
24		within the redevelopment project area that have received
25		financial assistance through an agreement with the
26		municipality or because the municipality incurs the cost

HB3595 Enrolled - 355 - LRB104 08153 BAB 18201 b
1		of necessary infrastructure improvements within the
2		boundaries of the housing sites necessary for the
3		completion of that housing as authorized by this Act since
4		the designation of the redevelopment project area by (ii)
5		the per-patron cost of providing library services so long
6		as it does not exceed $120. The per-patron cost shall be
7		the Total Operating Expenditures Per Capita for the
8		library in the previous fiscal year. The municipality may
9		deduct from the amount that it must pay to a library
10		district under this paragraph any amount that it has
11		voluntarily paid to the library district from the tax
12		increment revenue. The amount paid to a library district
13		under this paragraph (7.7) shall be no more than 2% of the
14		amount produced by the assisted housing units and
15		deposited into the Special Tax Allocation Fund.
16		A library district is not eligible for any payment
17		under this paragraph (7.7) unless the library district has
18		experienced an increase in the number of patrons from the
19		municipality that created the tax-increment-financing
20		district since the designation of the redevelopment
21		project area.
22		Any library district seeking payment under this
23		paragraph (7.7) shall, after July 1 and before September
24		30 of each year, provide the municipality with convincing
25		evidence to support its claim for reimbursement before the
26		municipality shall be required to approve or make the

HB3595 Enrolled - 356 - LRB104 08153 BAB 18201 b
1		payment to the library district. If the library district
2		fails to provide the information during this period in any
3		year, it shall forfeit any claim to reimbursement for that
4		year. Library districts may adopt a resolution waiving the
5		right to all or a portion of the reimbursement otherwise
6		required by this paragraph (7.7). By acceptance of such
7		reimbursement, the library district shall forfeit any
8		right to directly or indirectly set aside, modify, or
9		contest in any manner whatsoever the establishment of the
10		redevelopment project area or projects;
11		(8) Relocation costs to the extent that a municipality
12		determines that relocation costs shall be paid or is
13		required to make payment of relocation costs by federal or
14		State law or in order to satisfy subparagraph (7) of
15		subsection (n);
16		(9) Payment in lieu of taxes;
17		(10) Costs of job training, retraining, advanced
18		vocational education or career education, including but
19		not limited to courses in occupational, semi-technical or
20		technical fields leading directly to employment, incurred
21		by one or more taxing districts, provided that such costs
22		(i) are related to the establishment and maintenance of
23		additional job training, advanced vocational education or
24		career education programs for persons employed or to be
25		employed by employers located in a redevelopment project
26		area; and (ii) when incurred by a taxing district or

HB3595 Enrolled - 357 - LRB104 08153 BAB 18201 b
1		taxing districts other than the municipality, are set
2		forth in a written agreement by or among the municipality
3		and the taxing district or taxing districts, which
4		agreement describes the program to be undertaken,
5		including but not limited to the number of employees to be
6		trained, a description of the training and services to be
7		provided, the number and type of positions available or to
8		be available, itemized costs of the program and sources of
9		funds to pay for the same, and the term of the agreement.
10		Such costs include, specifically, the payment by community
11		college districts of costs pursuant to Sections 3-37,
12		3-38, 3-40 and 3-40.1 of the Public Community College Act
13		and by school districts of costs pursuant to Sections
14		10-22.20a and 10-23.3a of the School Code;
15		(11) Interest cost incurred by a redeveloper related
16		to the construction, renovation or rehabilitation of a
17		redevelopment project provided that:
18		(A) such costs are to be paid directly from the
19		special tax allocation fund established pursuant to
20		this Act;
21		(B) such payments in any one year may not exceed
22		30% of the annual interest costs incurred by the
23		redeveloper with regard to the redevelopment project
24		during that year;
25		(C) if there are not sufficient funds available in
26		the special tax allocation fund to make the payment

HB3595 Enrolled - 358 - LRB104 08153 BAB 18201 b
1		pursuant to this paragraph (11) then the amounts so
2		due shall accrue and be payable when sufficient funds
3		are available in the special tax allocation fund;
4		(D) the total of such interest payments paid
5		pursuant to this Act may not exceed 30% of the total
6		(i) cost paid or incurred by the redeveloper for the
7		redevelopment project plus (ii) redevelopment project
8		costs excluding any property assembly costs and any
9		relocation costs incurred by a municipality pursuant
10		to this Act;
11		(E) the cost limits set forth in subparagraphs (B)
12		and (D) of paragraph (11) shall be modified for the
13		financing of rehabilitated or new housing units for
14		low-income households and very low-income households,
15		as defined in Section 3 of the Illinois Affordable
16		Housing Act. The percentage of 75% shall be
17		substituted for 30% in subparagraphs (B) and (D) of
18		paragraph (11); and
19		(F) instead of the eligible costs provided by
20		subparagraphs (B) and (D) of paragraph (11), as
21		modified by this subparagraph, and notwithstanding any
22		other provisions of this Act to the contrary, the
23		municipality may pay from tax increment revenues up to
24		50% of the cost of construction of new housing units to
25		be occupied by low-income households and very
26		low-income households as defined in Section 3 of the

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1		Illinois Affordable Housing Act. The cost of
2		construction of those units may be derived from the
3		proceeds of bonds issued by the municipality under
4		this Act or other constitutional or statutory
5		authority or from other sources of municipal revenue
6		that may be reimbursed from tax increment revenues or
7		the proceeds of bonds issued to finance the
8		construction of that housing.
9		The eligible costs provided under this
10		subparagraph (F) of paragraph (11) shall be an
11		eligible cost for the construction, renovation, and
12		rehabilitation of all low and very low-income housing
13		units, as defined in Section 3 of the Illinois
14		Affordable Housing Act, within the redevelopment
15		project area. If the low and very low-income units are
16		part of a residential redevelopment project that
17		includes units not affordable to low and very
18		low-income households, only the low and very
19		low-income units shall be eligible for benefits under
20		this subparagraph (F) of paragraph (11). The standards
21		for maintaining the occupancy by low-income households
22		and very low-income households, as defined in Section
23		3 of the Illinois Affordable Housing Act, of those
24		units constructed with eligible costs made available
25		under the provisions of this subparagraph (F) of
26		paragraph (11) shall be established by guidelines

HB3595 Enrolled - 360 - LRB104 08153 BAB 18201 b
1		adopted by the municipality. The responsibility for
2		annually documenting the initial occupancy of the
3		units by low-income households and very low-income
4		households, as defined in Section 3 of the Illinois
5		Affordable Housing Act, shall be that of the then
6		current owner of the property. For ownership units,
7		the guidelines will provide, at a minimum, for a
8		reasonable recapture of funds, or other appropriate
9		methods designed to preserve the original
10		affordability of the ownership units. For rental
11		units, the guidelines will provide, at a minimum, for
12		the affordability of rent to low and very low-income
13		households. As units become available, they shall be
14		rented to income-eligible tenants. The municipality
15		may modify these guidelines from time to time; the
16		guidelines, however, shall be in effect for as long as
17		tax increment revenue is being used to pay for costs
18		associated with the units or for the retirement of
19		bonds issued to finance the units or for the life of
20		the redevelopment project area, whichever is later;
21		(11.5) If the redevelopment project area is located
22		within a municipality with a population of more than
23		100,000, the cost of early care and education day care
24		services for children of employees from low-income
25		families working for businesses located within the
26		redevelopment project area and all or a portion of the

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1		cost of operation of early care and education day care
2		centers established by redevelopment project area
3		businesses to serve employees from low-income families
4		working in businesses located in the redevelopment project
5		area. For the purposes of this paragraph, "low-income
6		families" means families whose annual income does not
7		exceed 80% of the municipal, county, or regional median
8		income, adjusted for family size, as the annual income and
9		municipal, county, or regional median income are
10		determined from time to time by the United States
11		Department of Housing and Urban Development.
12		(12) Costs relating to the development of urban
13		agricultural areas under Division 15.2 of the Illinois
14		Municipal Code.
15		Unless explicitly stated herein the cost of construction
16		of new privately owned buildings shall not be an eligible
17		redevelopment project cost.
18		After November 1, 1999 (the effective date of Public Act
19		91-478), none of the redevelopment project costs enumerated in
20		this subsection shall be eligible redevelopment project costs
21		if those costs would provide direct financial support to a
22		retail entity initiating operations in the redevelopment
23		project area while terminating operations at another Illinois
24		location within 10 miles of the redevelopment project area but
25		outside the boundaries of the redevelopment project area
26		municipality. For purposes of this paragraph, termination

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1		means a closing of a retail operation that is directly related
2		to the opening of the same operation or like retail entity
3		owned or operated by more than 50% of the original ownership in
4		a redevelopment project area, but it does not mean closing an
5		operation for reasons beyond the control of the retail entity,
6		as documented by the retail entity, subject to a reasonable
7		finding by the municipality that the current location
8		contained inadequate space, had become economically obsolete,
9		or was no longer a viable location for the retailer or
10		serviceman.
11		No cost shall be a redevelopment project cost in a
12		redevelopment project area if used to demolish, remove, or
13		substantially modify a historic resource, after August 26,
14		2008 (the effective date of Public Act 95-934), unless no
15		prudent and feasible alternative exists. "Historic resource"
16		for the purpose of this paragraph means (i) a place or
17		structure that is included or eligible for inclusion on the
18		National Register of Historic Places or (ii) a contributing
19		structure in a district on the National Register of Historic
20		Places. This paragraph does not apply to a place or structure
21		for which demolition, removal, or modification is subject to
22		review by the preservation agency of a Certified Local
23		Government designated as such by the National Park Service of
24		the United States Department of the Interior.
25		If a special service area has been established pursuant to
26		the Special Service Area Tax Act or Special Service Area Tax

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1		Law, then any tax increment revenues derived from the tax
2		imposed pursuant to the Special Service Area Tax Act or
3		Special Service Area Tax Law may be used within the
4		redevelopment project area for the purposes permitted by that
5		Act or Law as well as the purposes permitted by this Act.
6		(q-1) For redevelopment project areas created pursuant to
7		subsection (p-1), redevelopment project costs are limited to
8		those costs in paragraph (q) that are related to the existing
9		or proposed Northern Illinois Transit Authority Suburban
10		Transit Access Route (STAR Line) station.
11		(q-2) For a transit facility improvement area established
12		prior to, on, or after the effective date of this amendatory
13		Act of the 102nd General Assembly: (i) "redevelopment project
14		costs" means those costs described in subsection (q) that are
15		related to the construction, reconstruction, rehabilitation,
16		remodeling, or repair of any existing or proposed transit
17		facility, whether that facility is located within or outside
18		the boundaries of a redevelopment project area established
19		within that transit facility improvement area (and, to the
20		extent a redevelopment project cost is described in subsection
21		(q) as incurred or estimated to be incurred with respect to a
22		redevelopment project area, then it shall apply with respect
23		to such transit facility improvement area); and (ii) the
24		provisions of Section 11-74.4-8 regarding tax increment
25		allocation financing for a redevelopment project area located
26		in a transit facility improvement area shall apply only to the

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1		lots, blocks, tracts and parcels of real property that are
2		located within the boundaries of that redevelopment project
3		area and not to the lots, blocks, tracts, and parcels of real
4		property that are located outside the boundaries of that
5		redevelopment project area.
6		(r) "State Sales Tax Boundary" means the redevelopment
7		project area or the amended redevelopment project area
8		boundaries which are determined pursuant to subsection (9) of
9		Section 11-74.4-8a of this Act. The Department of Revenue
10		shall certify pursuant to subsection (9) of Section 11-74.4-8a
11		the appropriate boundaries eligible for the determination of
12		State Sales Tax Increment.
13		(s) "State Sales Tax Increment" means an amount equal to
14		the increase in the aggregate amount of taxes paid by
15		retailers and servicemen, other than retailers and servicemen
16		subject to the Public Utilities Act, on transactions at places
17		of business located within a State Sales Tax Boundary pursuant
18		to the Retailers' Occupation Tax Act, the Use Tax Act, the
19		Service Use Tax Act, and the Service Occupation Tax Act,
20		except such portion of such increase that is paid into the
21		State and Local Sales Tax Reform Fund, the Local Government
22		Distributive Fund, the Local Government Tax Fund and the
23		County and Mass Transit District Fund, for as long as State
24		participation exists, over and above the Initial Sales Tax
25		Amounts, Adjusted Initial Sales Tax Amounts or the Revised
26		Initial Sales Tax Amounts for such taxes as certified by the

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1		Department of Revenue and paid under those Acts by retailers
2		and servicemen on transactions at places of business located
3		within the State Sales Tax Boundary during the base year which
4		shall be the calendar year immediately prior to the year in
5		which the municipality adopted tax increment allocation
6		financing, less 3.0% of such amounts generated under the
7		Retailers' Occupation Tax Act, Use Tax Act and Service Use Tax
8		Act and the Service Occupation Tax Act, which sum shall be
9		appropriated to the Department of Revenue to cover its costs
10		of administering and enforcing this Section. For purposes of
11		computing the aggregate amount of such taxes for base years
12		occurring prior to 1985, the Department of Revenue shall
13		compute the Initial Sales Tax Amount for such taxes and deduct
14		therefrom an amount equal to 4% of the aggregate amount of
15		taxes per year for each year the base year is prior to 1985,
16		but not to exceed a total deduction of 12%. The amount so
17		determined shall be known as the "Adjusted Initial Sales Tax
18		Amount". For purposes of determining the State Sales Tax
19		Increment the Department of Revenue shall for each period
20		subtract from the tax amounts received from retailers and
21		servicemen on transactions located in the State Sales Tax
22		Boundary, the certified Initial Sales Tax Amounts, Adjusted
23		Initial Sales Tax Amounts or Revised Initial Sales Tax Amounts
24		for the Retailers' Occupation Tax Act, the Use Tax Act, the
25		Service Use Tax Act and the Service Occupation Tax Act. For the
26		State Fiscal Year 1989 this calculation shall be made by

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1		utilizing the calendar year 1987 to determine the tax amounts
2		received. For the State Fiscal Year 1990, this calculation
3		shall be made by utilizing the period from January 1, 1988,
4		until September 30, 1988, to determine the tax amounts
5		received from retailers and servicemen, which shall have
6		deducted therefrom nine-twelfths of the certified Initial
7		Sales Tax Amounts, Adjusted Initial Sales Tax Amounts or the
8		Revised Initial Sales Tax Amounts as appropriate. For the
9		State Fiscal Year 1991, this calculation shall be made by
10		utilizing the period from October 1, 1988, until June 30,
11		1989, to determine the tax amounts received from retailers and
12		servicemen, which shall have deducted therefrom nine-twelfths
13		of the certified Initial State Sales Tax Amounts, Adjusted
14		Initial Sales Tax Amounts or the Revised Initial Sales Tax
15		Amounts as appropriate. For every State Fiscal Year
16		thereafter, the applicable period shall be the 12 months
17		beginning July 1 and ending on June 30, to determine the tax
18		amounts received which shall have deducted therefrom the
19		certified Initial Sales Tax Amounts, Adjusted Initial Sales
20		Tax Amounts or the Revised Initial Sales Tax Amounts.
21		Municipalities intending to receive a distribution of State
22		Sales Tax Increment must report a list of retailers to the
23		Department of Revenue by October 31, 1988 and by July 31, of
24		each year thereafter.
25		(t) "Taxing districts" means counties, townships, cities
26		and incorporated towns and villages, school, road, park,

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1		sanitary, mosquito abatement, forest preserve, public health,
2		fire protection, river conservancy, tuberculosis sanitarium
3		and any other municipal corporations or districts with the
4		power to levy taxes.
5		(u) "Taxing districts' capital costs" means those costs of
6		taxing districts for capital improvements that are found by
7		the municipal corporate authorities to be necessary and
8		directly result from the redevelopment project.
9		(v) As used in subsection (a) of Section 11-74.4-3 of this
10		Act, "vacant land" means any parcel or combination of parcels
11		of real property without industrial, commercial, and
12		residential buildings which has not been used for commercial
13		agricultural purposes within 5 years prior to the designation
14		of the redevelopment project area, unless the parcel is
15		included in an industrial park conservation area or the parcel
16		has been subdivided; provided that if the parcel was part of a
17		larger tract that has been divided into 3 or more smaller
18		tracts that were accepted for recording during the period from
19		1950 to 1990, then the parcel shall be deemed to have been
20		subdivided, and all proceedings and actions of the
21		municipality taken in that connection with respect to any
22		previously approved or designated redevelopment project area
23		or amended redevelopment project area are hereby validated and
24		hereby declared to be legally sufficient for all purposes of
25		this Act. For purposes of this Section and only for land
26		subject to the subdivision requirements of the Plat Act, land

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1		is subdivided when the original plat of the proposed
2		Redevelopment Project Area or relevant portion thereof has
3		been properly certified, acknowledged, approved, and recorded
4		or filed in accordance with the Plat Act and a preliminary
5		plat, if any, for any subsequent phases of the proposed
6		Redevelopment Project Area or relevant portion thereof has
7		been properly approved and filed in accordance with the
8		applicable ordinance of the municipality.
9		(w) "Annual Total Increment" means the sum of each
10		municipality's annual Net Sales Tax Increment and each
11		municipality's annual Net Utility Tax Increment. The ratio of
12		the Annual Total Increment of each municipality to the Annual
13		Total Increment for all municipalities, as most recently
14		calculated by the Department, shall determine the proportional
15		shares of the Illinois Tax Increment Fund to be distributed to
16		each municipality.
17		(x) "LEED certified" means any certification level of
18		construction elements by a qualified Leadership in Energy and
19		Environmental Design Accredited Professional as determined by
20		the U.S. Green Building Council.
21		(y) "Green Globes certified" means any certification level
22		of construction elements by a qualified Green Globes
23		Professional as determined by the Green Building Initiative.
24		(Source: P.A. 104-457, eff. 6-1-26.)
25		(65 ILCS 5/11-80-15)  (from Ch. 24, par. 11-80-15)

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1		Sec. 11-80-15. Street advertising; adult entertainment
2		advertising.
3		(a) The corporate authorities of each municipality may
4		license street advertising by means of billboards, sign
5		boards, and signs and may regulate the character and control
6		the location of billboards, sign boards, and signs upon vacant
7		property and upon buildings.
8		(b) The corporate authorities of each municipality may
9		further regulate the character and control the location of
10		adult entertainment advertising placed on billboards, sign
11		boards, and signs upon vacant property and upon buildings that
12		are within 1,000 feet of the property boundaries of schools,
13		early care and education day care centers, cemeteries, public
14		parks, and places of religious worship.
15		For the purposes of this subsection, "adult entertainment"
16		means entertainment provided by an adult bookstore, striptease
17		club, or pornographic movie theater whose business is the
18		commercial sale, dissemination, or distribution of sexually
19		explicit materials, shows, or other exhibitions.
20		(Source: P.A. 89-605, eff. 8-2-96.)
21		Section 90. The River Edge Redevelopment Zone Act is
22		amended by changing Section 10-8 as follows:
23		(65 ILCS 115/10-8)
24		Sec. 10-8. Zone Administration. The administration of a

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1		River Edge Redevelopment Zone shall be under the jurisdiction
2		of the designating municipality. Each designating municipality
3		shall, by ordinance, designate a Zone Administrator for the
4		certified zones within its jurisdiction. A Zone Administrator
5		must be an officer or employee of the municipality. The Zone
6		Administrator shall be the liaison between the designating
7		municipality, the Department, and any designated zone
8		organizations within zones under his or her jurisdiction.
9		A designating municipality may designate one or more
10		organizations to be a designated zone organization, as defined
11		under Section 10-3. The municipality, may, by ordinance,
12		delegate functions within a River Edge Redevelopment Zone to
13		one or more designated zone organizations in such zones.
14		Subject to the necessary governmental authorizations,
15		designated zone organizations may, in coordination with the
16		municipality, provide or contract for provision of public
17		services including, but not limited to:
18		(1) crime-watch patrols within zone neighborhoods;
19		(2) volunteer early care and education day-care
20		centers;
21		(3) recreational activities for zone-area youth;
22		(4) garbage collection;
23		(5) street maintenance and improvements;
24		(6) bridge maintenance and improvements;
25		(7) maintenance and improvement of water and sewer
26		lines;

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1		(8) energy conservation projects;
2		(9) health and clinic services;
3		(10) drug abuse programs;
4		(11) senior citizen assistance programs;
5		(12) park maintenance;
6		(13) rehabilitation, renovation, and operation and
7		maintenance of low and moderate income housing; and
8		(14) other types of public services as provided by law
9		or regulation.
10		(Source: P.A. 94-1021, eff. 7-12-06.)
11		Section 95. The School Code is amended by changing
12		Sections 2-3.66, 10-22.18b, 10-22.18c, and 34-18.4 as follows:
13		(105 ILCS 5/2-3.66)  (from Ch. 122, par. 2-3.66)
14		Sec. 2-3.66. Truants' alternative and optional education
15		programs. To establish projects to offer modified
16		instructional programs or other services designed to prevent
17		students from dropping out of school, including programs
18		pursuant to Section 2-3.41, and to serve as a part time or full
19		time option in lieu of regular school attendance and to award
20		grants to local school districts, educational service regions
21		or community college districts from appropriated funds to
22		assist districts in establishing such projects. The education
23		agency may operate its own program or enter into a contract
24		with another not-for-profit entity to implement the program.

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1		The projects shall allow dropouts, up to and including age 21,
2		potential dropouts, including truants, uninvolved, unmotivated
3		and disaffected students, as defined by State Board of
4		Education rules and regulations, to enroll, as an alternative
5		to regular school attendance, in an optional education program
6		which may be established by school board policy and is in
7		conformance with rules adopted by the State Board of
8		Education. Truants' Alternative and Optional Education
9		programs funded pursuant to this Section shall be planned by a
10		student, the student's parents or legal guardians, unless the
11		student is 18 years or older, and school officials and shall
12		culminate in an individualized optional education plan. Such
13		plan shall focus on academic or vocational skills, or both,
14		and may include, but not be limited to, evening school, summer
15		school, community college courses, adult education,
16		preparation courses for high school equivalency testing,
17		vocational training, work experience, programs to enhance self
18		concept and parenting courses. School districts which are
19		awarded grants pursuant to this Section shall be authorized to
20		provide early care and education day care services to children
21		of students who are eligible and desire to enroll in programs
22		established and funded under this Section, but only if and to
23		the extent that such early care and education day care is
24		necessary to enable those eligible students to attend and
25		participate in the programs and courses which are conducted
26		pursuant to this Section. School districts and regional

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1		offices of education may claim general State aid under Section
2		18-8.05 or evidence-based funding under Section 18-8.15 for
3		students enrolled in truants' alternative and optional
4		education programs, provided that such students are receiving
5		services that are supplemental to a program leading to a high
6		school diploma and are otherwise eligible to be claimed for
7		general State aid under Section 18-8.05 or evidence-based
8		funding under Section 18-8.15, as applicable.
9		(Source: P.A. 100-465, eff. 8-31-17.)
10		(105 ILCS 5/10-22.18b)  (from Ch. 122, par. 10-22.18b)
11		Sec. 10-22.18b. Before and after school programs. To
12		develop and maintain before school and after school programs
13		for students in kindergarten through the 6th grade. Such
14		programs may include time for homework, physical exercise,
15		afternoon nutritional snacks and educational offerings which
16		are in addition to those offered during the regular school
17		day. The chief administrator in each district shall be a
18		certified teacher or a person who meets the requirements for
19		supervising an early care and education a day care center
20		under the Child Care Act of 1969. Individual programs shall be
21		coordinated by certified teachers or by persons who meet the
22		requirements for supervising an early care and education a day
23		care center under the Child Care Act of 1969. Additional
24		employees who are not so qualified may also be employed for
25		such programs.

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1		The schedule of these programs may follow the work
2		calendar of the local community rather than the regular school
3		calendar. Parents or guardians of the participating students
4		shall be responsible for providing transportation for the
5		students to and from the programs. The school board may charge
6		parents of participating students a fee, not to exceed the
7		actual cost of such before and after school programs.
8		(Source: P.A. 83-639.)
9		(105 ILCS 5/10-22.18c)  (from Ch. 122, par. 10-22.18c)
10		Sec. 10-22.18c. Model early care and education day care
11		services program. Local school districts may establish, in
12		cooperation with the State Board of Education, a model program
13		for the provision of early care and education day care
14		services in a school. The program shall be administered by the
15		local school district and shall be funded from monies
16		available from private and public sources. Student parents
17		shall not be charged a fee for the early care and education day
18		care services; school personnel also may utilize the services,
19		but shall be charged a fee. The program shall be supervised by
20		a trained child care professional who is qualified to teach
21		students parenting skills. As part of the program, the school
22		shall offer a course in child behavior in which students shall
23		receive course credits for helping to care for the children in
24		the program while learning parenting skills. The State Board
25		of Education shall evaluate the programs' effectiveness in

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1		reducing school absenteeism and dropouts among teenage parents
2		and shall report to the General Assembly concerning its
3		findings after the program has been in operation for 2 years.
4		(Source: P.A. 85-769.)
5		(105 ILCS 5/34-18.4)  (from Ch. 122, par. 34-18.4)
6		Sec. 34-18.4. Before and after school programs. The Board
7		of Education may develop and maintain before school and after
8		school programs for students in kindergarten through the 6th
9		grade. Such programs may include time for homework, physical
10		exercise, afternoon nutritional snacks and educational
11		offerings which are in addition to those offered during the
12		regular school day. The chief administrator in each district
13		shall be a certified teacher or a person who meets the
14		requirements for supervising an early care and education a day
15		care center under the Child Care Act of 1969. Individual
16		programs shall be coordinated by certified teachers or by
17		persons who meet the requirements for supervising an early
18		care and education a day care center under the Child Care Act
19		of 1969. Additional employees who are not so qualified may
20		also be employed for such programs.
21		The schedule of these programs may follow the work
22		calendar of the local community rather than the regular school
23		calendar. Parents or guardians of the participating students
24		shall be responsible for providing transportation for the
25		students to and from the programs. The school board may charge

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1		parents of participating students a fee, not to exceed the
2		actual cost of such before and after school programs.
3		(Source: P.A. 83-639.)
4		Section 100. The Illinois School Student Records Act is
5		amended by changing Section 2 as follows:
6		(105 ILCS 10/2)  (from Ch. 122, par. 50-2)
7		(Text of Section before amendment by P.A. 104-356)
8		Sec. 2. As used in this Act:
9		(a) "Student" means any person enrolled or previously
10		enrolled in a school.
11		(b) "School" means any public preschool, day care center,
12		kindergarten, nursery, elementary or secondary educational
13		institution, vocational school, special educational facility
14		or any other elementary or secondary educational agency or
15		institution and any person, agency or institution which
16		maintains school student records from more than one school,
17		but does not include a private or non-public school.
18		(c) "State Board" means the State Board of Education.
19		(d) "School Student Record" means any writing or other
20		recorded information concerning a student and by which a
21		student may be individually identified, maintained by a school
22		or at its direction or by an employee of a school, regardless
23		of how or where the information is stored. The following shall
24		not be deemed school student records under this Act: writings

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1		or other recorded information maintained by an employee of a
2		school or other person at the direction of a school for his or
3		her exclusive use; provided that all such writings and other
4		recorded information are destroyed not later than the
5		student's graduation or permanent withdrawal from the school;
6		and provided further that no such records or recorded
7		information may be released or disclosed to any person except
8		a person designated by the school as a substitute unless they
9		are first incorporated in a school student record and made
10		subject to all of the provisions of this Act. School student
11		records shall not include information maintained by law
12		enforcement professionals working in the school.
13		(e) "Student Permanent Record" means the minimum personal
14		information necessary to a school in the education of the
15		student and contained in a school student record. Such
16		information may include the student's name, birth date,
17		address, grades and grade level, parents' names and addresses,
18		attendance records, and such other entries as the State Board
19		may require or authorize.
20		(f) "Student Temporary Record" means all information
21		contained in a school student record but not contained in the
22		student permanent record. Such information may include family
23		background information, intelligence test scores, aptitude
24		test scores, psychological and personality test results,
25		teacher evaluations, and other information of clear relevance
26		to the education of the student, all subject to regulations of

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

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1		privileges accorded to a parent under this Act shall become
2		exclusively those of the student upon his 18th birthday,
3		graduation from secondary school, marriage or entry into
4		military service, whichever occurs first. Such rights and
5		privileges may also be exercised by the student at any time
6		with respect to the student's permanent school record.
7		(h) "Department" means the Department of Children and
8		Family Services.
9		(Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22;
10		102-466, eff. 7-1-25; 102-558, eff. 8-20-21; 102-813, eff.
11		5-13-22.)
12		(Text of Section after amendment by P.A. 104-356)
13		Sec. 2. As used in this Act:
14		(a) "Student" means any person enrolled or previously
15		enrolled in a school.
16		(b) "School" means any public preschool, early care and
17		education day care center, kindergarten, nursery, elementary
18		or secondary educational institution, vocational school,
19		special educational facility or any other elementary or
20		secondary educational agency or institution and any person,
21		agency or institution which maintains school student records
22		from more than one school, but does not include a private or
23		non-public school.
24		(c) "State Board" means the State Board of Education.
25		(d) "School Student Record" means any writing or other

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1		recorded information concerning a student and by which a
2		student may be individually identified, maintained by a school
3		or at its direction or by an employee of a school, regardless
4		of how or where the information is stored. The following shall
5		not be deemed school student records under this Act: writings
6		or other recorded information maintained by an employee of a
7		school or other person at the direction of a school for his or
8		her exclusive use; provided that all such writings and other
9		recorded information are destroyed not later than the
10		student's graduation or permanent withdrawal from the school;
11		and provided further that no such records or recorded
12		information may be released or disclosed to any person except
13		a person designated by the school as a substitute unless they
14		are first incorporated in a school student record and made
15		subject to all of the provisions of this Act. School student
16		records shall not include information maintained by law
17		enforcement professionals working in the school.
18		(e) "Student Permanent Record" means the minimum personal
19		information necessary to a school in the education of the
20		student and contained in a school student record. Such
21		information may include the student's name, birth date,
22		address, grades and grade level; parents' or guardians' names
23		and addresses, attendance records; a summary of performance
24		for students that received special education services; and
25		such other entries as the State Board may require or
26		authorize. A summary of performance shall be substantially

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1		similar to the summary of performance form developed by the
2		State Board. Any summary of performance maintained as part of
3		a Student Permanent Record shall be kept confidential and not
4		be disclosed except as authorized by paragraph (1) or (14) of
5		subsection (a) of Section 6. A summary of performance may be
6		excluded from a Student Permanent Record if, after being
7		notified in writing that (i) school districts do not keep
8		special education records beyond 5 years and (ii) if a summary
9		of performance record is not kept in a student's permanent
10		file, the student may not have the documentation necessary to
11		qualify for State or federal benefits in the future, the
12		student and parents or guardians consent in writing to the
13		exclusion of a summary of performance.
14		(f) "Student Temporary Record" means all information
15		contained in a school student record but not contained in the
16		student permanent record. Such information may include family
17		background information, intelligence test scores, aptitude
18		test scores, psychological and personality test results,
19		teacher evaluations, and other information of clear relevance
20		to the education of the student, all subject to regulations of
21		the State Board. The information shall include all of the
22		following:
23		(1) Information provided under Section 8.6 of the
24		Abused and Neglected Child Reporting Act and information
25		contained in service logs maintained by a local education
26		agency under subsection (d) of Section 14-8.02f of the

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1		School Code.
2		(2) Information regarding serious disciplinary
3		infractions that resulted in expulsion, suspension, or the
4		imposition of punishment or sanction. For purposes of this
5		provision, serious disciplinary infractions means:
6		infractions involving drugs, weapons, or bodily harm to
7		another.
8		(3) Information concerning a student's status and
9		related experiences as a parent, expectant parent, or
10		victim of domestic or sexual violence, as defined in
11		Article 26A of the School Code, including a statement of
12		the student or any other documentation, record, or
13		corroborating evidence and the fact that the student has
14		requested or obtained assistance, support, or services
15		related to that status. Enforcement of this paragraph (3)
16		shall follow the procedures provided in Section 26A-40 of
17		the School Code.
18		(g) "Parent" means a person who is the natural parent of
19		the student or other person who has the primary responsibility
20		for the care and upbringing of the student. All rights and
21		privileges accorded to a parent under this Act shall become
22		exclusively those of the student upon his 18th birthday,
23		graduation from secondary school, marriage or entry into
24		military service, whichever occurs first. Such rights and
25		privileges may also be exercised by the student at any time
26		with respect to the student's permanent school record.

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1		(h) "Department" means the Department of Children and
2		Family Services.
3		(Source: P.A. 104-356, eff. 7-1-26.)
4		Section 105. The University of Illinois Act is amended by
5		changing Section 1d as follows:
6		(110 ILCS 305/1d)  (from Ch. 144, par. 22d)
7		Sec. 1d. Early care and education Child care services.
8		(a) For the purposes of this Section, "early care and
9		education child care services" means early care and education
10		day care home or center services as defined by the Child Care
11		Act of 1969.
12		(b) The Board may contract for the provision of early care
13		and education child care services for its employees. The Board
14		may, in accordance with established rules, allow early care
15		and education day care centers to operate in State-owned or
16		leased facilities. Such early care and education day care
17		centers shall be primarily for use by State employees of the
18		university but use by non-employees may be allowed.
19		Where the Board enters into a contract to construct,
20		acquire or lease all or a substantial portion of a building, in
21		which more than 50 persons shall be employed, other than a
22		renewal of an existing lease, after July 1, 1992, and where a
23		need has been demonstrated, according to subsection (c),
24		on-site early care and education child care services shall be

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1		provided for employees of the university.
2		The Board shall implement this Section and shall adopt
3		promulgate all rules and regulations necessary for this
4		purpose. By April 1, 1993, the Board shall propose rules
5		setting forth the standards and criteria, including need and
6		feasibility, for determining if on-site child care services
7		shall be provided. The Board shall consult with the Department
8		of Children and Family Services in defining standards for
9		child care service centers established pursuant to this
10		Section to ensure compliance with the Child Care Act of 1969.
11		The Board shall establish a schedule of fees that shall be
12		charged for child care services under this Section. The
13		schedule shall be established so that charges for service are
14		based on the actual cost of care. Except as otherwise provided
15		by law for employees who may qualify for public assistance or
16		social services due to indigency or family circumstance, each
17		employee obtaining child care services under this Section
18		shall be responsible for full payment of all charges. The
19		Board shall report, on or before December 31, 1993, to the
20		Governor and the members of the General Assembly, on the
21		feasibility and implementation of a plan for the provision of
22		comprehensive child care services.
23		(c) Prior to contracting for early care and education
24		child care services, the Board shall determine a need for
25		early care and education child care services. Proof of need
26		may include a survey of university employees as well as a

HB3595 Enrolled - 385 - LRB104 08153 BAB 18201 b
1		determination of the availability of early care and education
2		child care services through other State agencies, or in the
3		community. The Board may also require submission of a
4		feasibility, design and implementation plan, that takes into
5		consideration similar needs and services of other State
6		universities.
7		The Board shall have the sole responsibility for choosing
8		the successful bidder and overseeing the operation of its
9		early care and education child care service program within the
10		guidelines established by the Board. The Board shall adopt
11		promulgate rules under the Illinois Administrative Procedure
12		Act that detail the specific standards to be used in the
13		selection of a vendor of early care and education child care
14		services.
15		The contract shall provide for the establishment of or
16		arrangement for the use of a licensed early care and education
17		day care center or a licensed early care and education day care
18		agency, as defined in the Child Care Act of 1969.
19		(Source: P.A. 87-1019; 88-45.)
20		Section 110. The Southern Illinois University Management
21		Act is amended by changing Section 8b.1 as follows:
22		(110 ILCS 520/8b.1)  (from Ch. 144, par. 658b.1)
23		Sec. 8b.1. Early care and education Child care services.
24		(a) For the purposes of this Section, "early care and

HB3595 Enrolled - 386 - LRB104 08153 BAB 18201 b
1		education child care services" means early care and education
2		day care home or center services as defined by the Child Care
3		Act of 1969.
4		(b) The Board may contract for the provision of early care
5		and education child care services for its employees. The Board
6		may, in accordance with established rules, allow early care
7		and education day care centers to operate in State-owned or
8		leased facilities. Such early care and education day care
9		centers shall be primarily for use by State employees of the
10		university but use by non-employees may be allowed.
11		Where the Board enters into a contract to construct,
12		acquire or lease all or a substantial portion of a building, in
13		which more than 50 persons shall be employed, other than a
14		renewal of an existing lease, after July 1, 1992, and where a
15		need has been demonstrated, according to subsection (c),
16		on-site early care and education child care services shall be
17		provided for employees of the university.
18		The Board shall implement this Section and shall adopt
19		promulgate all rules and regulations necessary for this
20		purpose. By April 1, 1993, the Board shall propose rules
21		setting forth the standards and criteria, including need and
22		feasibility, for determining if on-site child care services
23		shall be provided. The Board shall consult with the Department
24		of Children and Family Services in defining standards for
25		child care service centers established pursuant to this
26		Section to ensure compliance with the Child Care Act of 1969.

HB3595 Enrolled - 387 - LRB104 08153 BAB 18201 b
1		The Board shall establish a schedule of fees that shall be
2		charged for child care services under this Section. The
3		schedule shall be established so that charges for service are
4		based on the actual cost of care. Except as otherwise provided
5		by law for employees who may qualify for public assistance or
6		social services due to indigency or family circumstance, each
7		employee obtaining child care services under this Section
8		shall be responsible for full payment of all charges. The
9		Board shall report, on or before December 31, 1993, to the
10		Governor and the members of the General Assembly, on the
11		feasibility and implementation of a plan for the provision of
12		comprehensive child care services.
13		(c) Prior to contracting for early care and education
14		child care services, the Board shall determine a need for
15		early care and education child care services. Proof of need
16		may include a survey of university employees as well as a
17		determination of the availability of early care and education
18		child care services through other State agencies, or in the
19		community. The Board may also require submission of a
20		feasibility, design and implementation plan, that takes into
21		consideration similar needs and services of other State
22		universities.
23		The Board shall have the sole responsibility for choosing
24		the successful bidder and overseeing the operation of its
25		early care and education child care service program within the
26		guidelines established by the Board. The Board shall adopt

HB3595 Enrolled - 388 - LRB104 08153 BAB 18201 b
1		promulgate rules under the Illinois Administrative Procedure
2		Act that detail the specific standards to be used in the
3		selection of a vendor of early care and education child care
4		services.
5		The contract shall provide for the establishment of or
6		arrangement for the use of a licensed early care and education
7		day care center or a licensed early care and education day care
8		agency, as defined in the Child Care Act of 1969.
9		(Source: P.A. 87-1019; 88-45.)
10		Section 115. The Chicago State University Law is amended
11		by changing Section 5-95 as follows:
12		(110 ILCS 660/5-95)
13		Sec. 5-95. Early care and education Child care services.
14		(a) For the purposes of this Section, "early care and
15		education child care services" means early care and education
16		day care home or center services as defined by the Child Care
17		Act of 1969.
18		(b) The Board may contract for the provision of early care
19		and education child care services for its employees. The Board
20		may, in accordance with established rules, allow early care
21		and education day care centers to operate in State-owned or
22		leased facilities. Such early care and education day care
23		centers shall be primarily for use by State employees of
24		Chicago State University but use by non-employees may be

HB3595 Enrolled - 389 - LRB104 08153 BAB 18201 b
1		allowed.
2		Where the Board enters into a contract to construct,
3		acquire or lease all or a substantial portion of a building, in
4		which more than 50 persons shall be employed, other than a
5		renewal of an existing lease, and where a need has been
6		demonstrated, according to subsection (c), on-site early care
7		and education child care services shall be provided for
8		employees of Chicago State University.
9		The Board shall implement this Section and shall adopt
10		promulgate all rules and regulations necessary for this
11		purpose. By September 1, 1996, the Board shall propose rules
12		setting forth the standards and criteria, including need and
13		feasibility, for determining if September child care services
14		shall be provided. The Board shall consult with the Department
15		of Children and Family Services in defining standards for
16		child care service centers established pursuant to this
17		Section to ensure compliance with the Child Care Act of 1969.
18		The Board shall establish a schedule of fees that shall be
19		charged for child care services under this Section. The
20		schedule shall be established so that charges for service are
21		based on the actual cost of care. Except as otherwise provided
22		by law for employees who may qualify for public assistance or
23		social services due to indigency or family circumstance, each
24		employee obtaining child care services under this Section
25		shall be responsible for full payment of all charges. The
26		Board shall report, on or before December 31, 1996, to the

HB3595 Enrolled - 390 - LRB104 08153 BAB 18201 b
1		Governor and the members of the General Assembly, on the
2		feasibility and implementation of a plan for the provision of
3		comprehensive child care services.
4		(c) Prior to contracting for early care and education
5		child care services, the Board shall determine a need for
6		early care and education child care services. Proof of need
7		may include a survey of University employees as well as a
8		determination of the availability of early care and education
9		child care services through other State agencies, or in the
10		community. The Board may also require submission of a
11		feasibility, design and implementation plan that takes into
12		consideration similar needs and services of other State
13		universities.
14		The Board shall have the sole responsibility for choosing
15		the successful bidder and overseeing the operation of its
16		early care and education child care service program within the
17		guidelines established by the Board. The Board shall adopt
18		promulgate rules under the Illinois Administrative Procedure
19		Act that detail the specific standards to be used in the
20		selection of a vendor of early care and education child care
21		services.
22		The contract shall provide for the establishment of or
23		arrangement for the use of a licensed early care and education
24		day care center or a licensed early care and education day care
25		agency, as defined in the Child Care Act of 1969.
26		(Source: P.A. 89-4, eff. 1-1-96.)

HB3595 Enrolled - 391 - LRB104 08153 BAB 18201 b
1		Section 120. The Eastern Illinois University Law is
2		amended by changing Section 10-95 as follows:
3		(110 ILCS 665/10-95)
4		Sec. 10-95. Early care and education Child care services.
5		(a) For the purposes of this Section, "early care and
6		education child care services" means early care and education
7		day care home or center services as defined by the Child Care
8		Act of 1969.
9		(b) The Board may contract for the provision of early care
10		and education child care services for its employees. The Board
11		may, in accordance with established rules, allow early care
12		and education day care centers to operate in State-owned or
13		leased facilities. Such early care and education day care
14		centers shall be primarily for use by State employees of
15		Eastern Illinois University but use by non-employees may be
16		allowed.
17		Where the Board enters into a contract to construct,
18		acquire or lease all or a substantial portion of a building, in
19		which more than 50 persons shall be employed, other than a
20		renewal of an existing lease, and where a need has been
21		demonstrated, according to subsection (c), on-site early care
22		and education child care services shall be provided for
23		employees of Eastern Illinois University.
24		The Board shall implement this Section and shall adopt

HB3595 Enrolled - 392 - LRB104 08153 BAB 18201 b
1		promulgate all rules and regulations necessary for this
2		purpose. By September 1, 1996 the Board shall propose rules
3		setting forth the standards and criteria, including need and
4		feasibility, for determining if September child care services
5		shall be provided. The Board shall consult with the Department
6		of Children and Family Services in defining standards for
7		child care service centers established pursuant to this
8		Section to ensure compliance with the Child Care Act of 1969.
9		The Board shall establish a schedule of fees that shall be
10		charged for child care services under this Section. The
11		schedule shall be established so that charges for service are
12		based on the actual cost of care. Except as otherwise provided
13		by law for employees who may qualify for public assistance or
14		social services due to indigency or family circumstance, each
15		employee obtaining child care services under this Section
16		shall be responsible for full payment of all charges. The
17		Board shall report, on or before December 31, 1996, to the
18		Governor and the members of the General Assembly, on the
19		feasibility and implementation of a plan for the provision of
20		comprehensive child care services.
21		(c) Prior to contracting for early care and education
22		child care services, the Board shall determine a need for
23		early care and education child care services. Proof of need
24		may include a survey of University employees as well as a
25		determination of the availability of early care and education
26		child care services through other State agencies, or in the

HB3595 Enrolled - 393 - LRB104 08153 BAB 18201 b
1		community. The Board may also require submission of a
2		feasibility, design and implementation plan that takes into
3		consideration similar needs and services of other State
4		universities.
5		The Board shall have the sole responsibility for choosing
6		the successful bidder and overseeing the operation of its
7		early care and education child care service program within the
8		guidelines established by the Board. The Board shall adopt
9		promulgate rules under the Illinois Administrative Procedure
10		Act that detail the specific standards to be used in the
11		selection of a vendor of early care and education child care
12		services.
13		The contract shall provide for the establishment of or
14		arrangement for the use of a licensed early care and education
15		day care center or a licensed early care and education day care
16		agency, as defined in the Child Care Act of 1969.
17		(Source: P.A. 89-4, eff. 1-1-96.)
18		Section 125. The Governors State University Law is amended
19		by changing Section 15-95 as follows:
20		(110 ILCS 670/15-95)
21		Sec. 15-95. Early care and education Child care services.
22		(a) For the purposes of this Section, "early care and
23		education child care services" means early care and education
24		day care home or center services as defined by the Child Care

HB3595 Enrolled - 394 - LRB104 08153 BAB 18201 b
1		Act of 1969.
2		(b) The Board may contract for the provision of early care
3		and education child care services for its employees. The Board
4		may, in accordance with established rules, allow early care
5		and education day care centers to operate in State-owned or
6		leased facilities. Such early care and education day care
7		centers shall be primarily for use by State employees of
8		Governors State University but use by non-employees may be
9		allowed.
10		Where the Board enters into a contract to construct,
11		acquire or lease all or a substantial portion of a building, in
12		which more than 50 persons shall be employed, other than a
13		renewal of an existing lease, and where a need has been
14		demonstrated, according to subsection (c), on-site early care
15		and education child care services shall be provided for
16		employees of Governors State University.
17		The Board shall implement this Section and shall adopt
18		promulgate all rules and regulations necessary for this
19		purpose. By September 1, 1996, the Board shall propose rules
20		setting forth the standards and criteria, including need and
21		feasibility, for determining if September child care services
22		shall be provided. The Board shall consult with the Department
23		of Children and Family Services in defining standards for
24		child care service centers established pursuant to this
25		Section to ensure compliance with the Child Care Act of 1969.
26		The Board shall establish a schedule of fees that shall be

HB3595 Enrolled - 395 - LRB104 08153 BAB 18201 b
1		charged for child care services under this Section. The
2		schedule shall be established so that charges for service are
3		based on the actual cost of care. Except as otherwise provided
4		by law for employees who may qualify for public assistance or
5		social services due to indigency or family circumstance, each
6		employee obtaining child care services under this Section
7		shall be responsible for full payment of all charges. The
8		Board shall report, on or before December 31, 1996, to the
9		Governor and the members of the General Assembly, on the
10		feasibility and implementation of a plan for the provision of
11		comprehensive child care services.
12		(c) Prior to contracting for early care and education
13		child care services, the Board shall determine a need for
14		early care and education child care services. Proof of need
15		may include a survey of University employees as well as a
16		determination of the availability of early care and education
17		child care services through other State agencies, or in the
18		community. The Board may also require submission of a
19		feasibility, design and implementation plan that takes into
20		consideration similar needs and services of other State
21		universities.
22		The Board shall have the sole responsibility for choosing
23		the successful bidder and overseeing the operation of its
24		early care and education child care service program within the
25		guidelines established by the Board. The Board shall adopt
26		promulgate rules under the Illinois Administrative Procedure

HB3595 Enrolled - 396 - LRB104 08153 BAB 18201 b
1		Act that detail the specific standards to be used in the
2		selection of a vendor of early care and education child care
3		services.
4		The contract shall provide for the establishment of or
5		arrangement for the use of a licensed early care and education
6		day care center or a licensed early care and education day care
7		agency, as defined in the Child Care Act of 1969.
8		(Source: P.A. 89-4, eff. 1-1-96.)
9		Section 130. The Illinois State University Law is amended
10		by changing Section 20-95 as follows:
11		(110 ILCS 675/20-95)
12		Sec. 20-95. Early care and education Child care services.
13		(a) For the purposes of this Section, "early care and
14		education child care services" means early care and education
15		day care home or center services as defined by the Child Care
16		Act of 1969.
17		(b) The Board may contract for the provision of early care
18		and education child care services for its employees. The Board
19		may, in accordance with established rules, allow early care
20		and education day care centers to operate in State-owned or
21		leased facilities. Such early care and education day care
22		centers shall be primarily for use by State employees of
23		Illinois State University but use by non-employees may be
24		allowed.

HB3595 Enrolled - 397 - LRB104 08153 BAB 18201 b
1		Where the Board enters into a contract to construct,
2		acquire or lease all or a substantial portion of a building, in
3		which more than 50 persons shall be employed, other than a
4		renewal of an existing lease, and where a need has been
5		demonstrated, according to subsection (c), on-site early care
6		and education child care services shall be provided for
7		employees of Illinois State University.
8		The Board shall implement this Section and shall adopt
9		promulgate all rules and regulations necessary for this
10		purpose. By September 1, 1996, the Board shall propose rules
11		setting forth the standards and criteria, including need and
12		feasibility, for determining if September child care services
13		shall be provided. The Board shall consult with the Department
14		of Children and Family Services in defining standards for
15		child care service centers established pursuant to this
16		Section to ensure compliance with the Child Care Act of 1969.
17		The Board shall establish a schedule of fees that shall be
18		charged for child care services under this Section. The
19		schedule shall be established so that charges for service are
20		based on the actual cost of care. Except as otherwise provided
21		by law for employees who may qualify for public assistance or
22		social services due to indigency or family circumstance, each
23		employee obtaining child care services under this Section
24		shall be responsible for full payment of all charges. The
25		Board shall report, on or before December 31, 1996, to the
26		Governor and the members of the General Assembly, on the

HB3595 Enrolled - 398 - LRB104 08153 BAB 18201 b
1		feasibility and implementation of a plan for the provision of
2		comprehensive child care services.
3		(c) Prior to contracting for early care and education
4		child care services, the Board shall determine a need for
5		early care and education child care services. Proof of need
6		may include a survey of University employees as well as a
7		determination of the availability of early care and education
8		child care services through other State agencies, or in the
9		community. The Board may also require submission of a
10		feasibility, design and implementation plan that takes into
11		consideration similar needs and services of other State
12		universities.
13		The Board shall have the sole responsibility for choosing
14		the successful bidder and overseeing the operation of its
15		early care and education child care service program within the
16		guidelines established by the Board. The Board shall adopt
17		promulgate rules under the Illinois Administrative Procedure
18		Act that detail the specific standards to be used in the
19		selection of a vendor of early care and education child care
20		services.
21		The contract shall provide for the establishment of or
22		arrangement for the use of a licensed early care and education
23		day care center or a licensed early care and education day care
24		agency, as defined in the Child Care Act of 1969.
25		(Source: P.A. 89-4, eff. 1-1-96.)

HB3595 Enrolled - 399 - LRB104 08153 BAB 18201 b
1		Section 135. The Northeastern Illinois University Law is
2		amended by changing Section 25-95 as follows:
3		(110 ILCS 680/25-95)
4		Sec. 25-95. Early care and education Child care services.
5		(a) For the purposes of this Section, "early care and
6		education child care services" means early care and education
7		day care home or center services as defined by the Child Care
8		Act of 1969.
9		(b) The Board may contract for the provision of early care
10		and education child care services for its employees. The Board
11		may, in accordance with established rules, allow early care
12		and education day care centers to operate in State-owned or
13		leased facilities. Such early care and education day care
14		centers shall be primarily for use by State employees of
15		Northeastern Illinois University but use by non-employees may
16		be allowed.
17		Where the Board enters into a contract to construct,
18		acquire or lease all or a substantial portion of a building, in
19		which more than 50 persons shall be employed, other than a
20		renewal of an existing lease, and where a need has been
21		demonstrated, according to subsection (c), on-site early care
22		and education child care services shall be provided for
23		employees of Northeastern Illinois University.
24		The Board shall implement this Section and shall adopt
25		promulgate all rules and regulations necessary for this

HB3595 Enrolled - 400 - LRB104 08153 BAB 18201 b
1		purpose. By September 1, 1996, the Board shall propose rules
2		setting forth the standards and criteria, including need and
3		feasibility, for determining if September child care services
4		shall be provided. The Board shall consult with the Department
5		of Children and Family Services in defining standards for
6		child care service centers established pursuant to this
7		Section to ensure compliance with the Child Care Act of 1969.
8		The Board shall establish a schedule of fees that shall be
9		charged for child care services under this Section. The
10		schedule shall be established so that charges for service are
11		based on the actual cost of care. Except as otherwise provided
12		by law for employees who may qualify for public assistance or
13		social services due to indigency or family circumstance, each
14		employee obtaining child care services under this Section
15		shall be responsible for full payment of all charges. The
16		Board shall report, on or before December 31, 1996, to the
17		Governor and the members of the General Assembly, on the
18		feasibility and implementation of a plan for the provision of
19		comprehensive child care services.
20		(c) Prior to contracting for early care and education
21		child care services, the Board shall determine a need for
22		early care and education child care services. Proof of need
23		may include a survey of University employees as well as a
24		determination of the availability of early care and education
25		child care services through other State agencies, or in the
26		community. The Board may also require submission of a

HB3595 Enrolled - 401 - LRB104 08153 BAB 18201 b
1		feasibility, design and implementation plan that takes into
2		consideration similar needs and services of other State
3		universities.
4		The Board shall have the sole responsibility for choosing
5		the successful bidder and overseeing the operation of its
6		early care and education child care service program within the
7		guidelines established by the Board. The Board shall adopt
8		promulgate rules under the Illinois Administrative Procedure
9		Act that detail the specific standards to be used in the
10		selection of a vendor of early care and education child care
11		services.
12		The contract shall provide for the establishment of or
13		arrangement for the use of a licensed early care and education
14		day care center or a licensed early care and education day care
15		agency, as defined in the Child Care Act of 1969.
16		(Source: P.A. 89-4, eff. 1-1-96.)
17		Section 140. The Northern Illinois University Law is
18		amended by changing Section 30-95 as follows:
19		(110 ILCS 685/30-95)
20		Sec. 30-95. Early care and education Child care services.
21		(a) For the purposes of this Section, "early care and
22		education child care services" means early care and education
23		day care home or center services as defined by the Child Care
24		Act of 1969.

HB3595 Enrolled - 402 - LRB104 08153 BAB 18201 b
1		(b) The Board may contract for the provision of early care
2		and education child care services for its employees. The Board
3		may, in accordance with established rules, allow early care
4		and education day care centers to operate in State-owned or
5		leased facilities. Such early care and education day care
6		centers shall be primarily for use by State employees of
7		Northern Illinois University but use by non-employees may be
8		allowed.
9		Where the Board enters into a contract to construct,
10		acquire or lease all or a substantial portion of a building, in
11		which more than 50 persons shall be employed, other than a
12		renewal of an existing lease, and where a need has been
13		demonstrated, according to subsection (c), on-site early care
14		and education child care services shall be provided for
15		employees of Northern Illinois University.
16		The Board shall implement this Section and shall adopt
17		promulgate all rules and regulations necessary for this
18		purpose. By September 1, 1996, the Board shall propose rules
19		setting forth the standards and criteria, including need and
20		feasibility, for determining if September child care services
21		shall be provided. The Board shall consult with the Department
22		of Children and Family Services in defining standards for
23		child care service centers established pursuant to this
24		Section to ensure compliance with the Child Care Act of 1969.
25		The Board shall establish a schedule of fees that shall be
26		charged for child care services under this Section. The

HB3595 Enrolled - 403 - LRB104 08153 BAB 18201 b
1		schedule shall be established so that charges for service are
2		based on the actual cost of care. Except as otherwise provided
3		by law for employees who may qualify for public assistance or
4		social services due to indigency or family circumstance, each
5		employee obtaining child care services under this Section
6		shall be responsible for full payment of all charges. The
7		Board shall report, on or before December 31, 1996, to the
8		Governor and the members of the General Assembly, on the
9		feasibility and implementation of a plan for the provision of
10		comprehensive child care services.
11		(c) Prior to contracting for early care and education
12		child care services, the Board shall determine a need for
13		early care and education child care services. Proof of need
14		may include a survey of University employees as well as a
15		determination of the availability of early care and education
16		child care services through other State agencies, or in the
17		community. The Board may also require submission of a
18		feasibility, design and implementation plan that takes into
19		consideration similar needs and services of other State
20		universities.
21		The Board shall have the sole responsibility for choosing
22		the successful bidder and overseeing the operation of its
23		early care and education child care service program within the
24		guidelines established by the Board. The Board shall adopt
25		promulgate rules under the Illinois Administrative Procedure
26		Act that detail the specific standards to be used in the

HB3595 Enrolled - 404 - LRB104 08153 BAB 18201 b
1		selection of a vendor of early care and education child care
2		services.
3		The contract shall provide for the establishment of or
4		arrangement for the use of a licensed early care and education
5		day care center or a licensed early care and education day care
6		agency, as defined in the Child Care Act of 1969.
7		(Source: P.A. 89-4, eff. 1-1-96.)
8		Section 145. The Western Illinois University Law is
9		amended by changing Section 35-95 as follows:
10		(110 ILCS 690/35-95)
11		Sec. 35-95. Early care and education Child care services.
12		(a) For the purposes of this Section, "early care and
13		education child care services" means early care and education
14		day care home or center services as defined by the Child Care
15		Act of 1969.
16		(b) The Board may contract for the provision of early care
17		and education child care services for its employees. The Board
18		may, in accordance with established rules, allow early care
19		and education day care centers to operate in State-owned or
20		leased facilities. Such early care and education day care
21		centers shall be primarily for use by State employees of
22		Western Illinois University but use by non-employees may be
23		allowed.
24		Where the Board enters into a contract to construct,

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1		acquire or lease all or a substantial portion of a building, in
2		which more than 50 persons shall be employed, other than a
3		renewal of an existing lease, and where a need has been
4		demonstrated, according to subsection (c), on-site early care
5		and education child care services shall be provided for
6		employees of Western Illinois University.
7		The Board shall implement this Section and shall adopt
8		promulgate all rules and regulations necessary for this
9		purpose. By September 1, 1996, the Board shall propose rules
10		setting forth the standards and criteria, including need and
11		feasibility, for determining if September child care services
12		shall be provided. The Board shall consult with the Department
13		of Children and Family Services in defining standards for
14		child care service centers established pursuant to this
15		Section to ensure compliance with the Child Care Act of 1969.
16		The Board shall establish a schedule of fees that shall be
17		charged for child care services under this Section. The
18		schedule shall be established so that charges for service are
19		based on the actual cost of care. Except as otherwise provided
20		by law for employees who may qualify for public assistance or
21		social services due to indigency or family circumstance, each
22		employee obtaining child care services under this Section
23		shall be responsible for full payment of all charges. The
24		Board shall report, on or before December 31, 1996, to the
25		Governor and the members of the General Assembly, on the
26		feasibility and implementation of a plan for the provision of

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1		comprehensive child care services.
2		(c) Prior to contracting for early care and education
3		child care services, the Board shall determine a need for
4		early care and education child care services. Proof of need
5		may include a survey of University employees as well as a
6		determination of the availability of early care and education
7		child care services through other State agencies, or in the
8		community. The Board may also require submission of a
9		feasibility, design and implementation plan that takes into
10		consideration similar needs and services of other State
11		universities.
12		The Board shall have the sole responsibility for choosing
13		the successful bidder and overseeing the operation of its
14		early care and education child care service program within the
15		guidelines established by the Board. The Board shall adopt
16		promulgate rules under the Illinois Administrative Procedure
17		Act that detail the specific standards to be used in the
18		selection of a vendor of early care and education child care
19		services.
20		The contract shall provide for the establishment of or
21		arrangement for the use of a licensed early care and education
22		day care center or a licensed early care and education day care
23		agency, as defined in the Child Care Act of 1969.
24		(Source: P.A. 89-4, eff. 1-1-96.)
25		Section 150. The Alternative Health Care Delivery Act is

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1		amended by changing Section 35 as follows:
2		(210 ILCS 3/35)
3		Sec. 35. Alternative health care models authorized.
4		Notwithstanding any other law to the contrary, alternative
5		health care models described in this Section may be
6		established on a demonstration basis.
7		(1) (Blank).
8		(2) Alternative health care delivery model;
9		postsurgical recovery care center. A postsurgical recovery
10		care center is a designated site which provides
11		postsurgical recovery care for generally healthy patients
12		undergoing surgical procedures that potentially require
13		overnight nursing care, pain control, or observation that
14		would otherwise be provided in an inpatient setting.
15		Patients may be discharged from the postsurgical recovery
16		care center in less than 24 hours if the attending
17		physician or the facility's medical director believes the
18		patient has recovered enough to be discharged. A
19		postsurgical recovery care center is either freestanding
20		or a defined unit of an ambulatory surgical treatment
21		center or hospital. No facility, or portion of a facility,
22		may participate in a demonstration program as a
23		postsurgical recovery care center unless the facility has
24		been licensed as an ambulatory surgical treatment center
25		or hospital for at least 2 years before August 20, 1993

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1		(the effective date of Public Act 88-441). The maximum
2		length of stay for patients in a postsurgical recovery
3		care center is not to exceed 48 hours unless the treating
4		physician requests an extension of time from the recovery
5		center's medical director on the basis of medical or
6		clinical documentation that an additional care period is
7		required for the recovery of a patient and the medical
8		director approves the extension of time. In no case,
9		however, shall a patient's length of stay in a
10		postsurgical recovery care center be longer than 72 hours.
11		If a patient requires an additional care period after the
12		expiration of the 72-hour limit, the patient shall be
13		transferred to an appropriate facility. Reports on
14		variances from the 24-hour or 48-hour limit shall be sent
15		to the Department for its evaluation. The reports shall,
16		before submission to the Department, have removed from
17		them all patient and physician identifiers. Blood products
18		may be administered in the postsurgical recovery care
19		center model. In order to handle cases of complications,
20		emergencies, or exigent circumstances, every postsurgical
21		recovery care center as defined in this paragraph shall
22		maintain a contractual relationship, including a transfer
23		agreement, with a general acute care hospital. A
24		postsurgical recovery care center shall be no larger than
25		20 beds. A postsurgical recovery care center shall be
26		located within 15 minutes travel time from the general

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1		acute care hospital with which the center maintains a
2		contractual relationship, including a transfer agreement,
3		as required under this paragraph.
4		No postsurgical recovery care center shall
5		discriminate against any patient requiring treatment
6		because of the source of payment for services, including
7		Medicare and Medicaid recipients.
8		The Department shall adopt rules to implement the
9		provisions of Public Act 88-441 concerning postsurgical
10		recovery care centers within 9 months after August 20,
11		1993. Notwithstanding any other law to the contrary, a
12		postsurgical recovery care center model may provide sleep
13		laboratory or similar sleep studies in accordance with
14		applicable State and federal laws and regulations.
15		(3) Alternative health care delivery model; children's
16		community-based health care center. A children's
17		community-based health care center model is a designated
18		site that provides nursing care, clinical support
19		services, and therapies for a period of one to 14 days for
20		short-term stays and 120 days to facilitate transitions to
21		home or other appropriate settings for medically fragile
22		children, technology dependent children, and children with
23		special health care needs who are deemed clinically stable
24		by a physician and are younger than 22 years of age. This
25		care is to be provided in a home-like environment that
26		serves no more than 12 children at a time, except that a

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1		children's community-based health care center in existence
2		on the effective date of this amendatory Act of the 100th
3		General Assembly that is located in Chicago on grade level
4		for Life Safety Code purposes may provide care to no more
5		than 16 children at a time. Children's community-based
6		health care center services must be available through the
7		model to all families, including those whose care is paid
8		for through the Department of Healthcare and Family
9		Services, the Department of Children and Family Services,
10		the Department of Human Services, and insurance companies
11		who cover home health care services or private duty
12		nursing care in the home.
13		Each children's community-based health care center
14		model location shall be physically separate and apart from
15		any other facility licensed by the Department of Public
16		Health under this or any other Act and shall provide the
17		following services: respite care, registered nursing or
18		licensed practical nursing care, transitional care to
19		facilitate home placement or other appropriate settings
20		and reunite families, medical child day care, weekend
21		camps, and diagnostic studies typically done in the home
22		setting.
23		A children's community-based health care center may
24		provide initial training, prior to home placement for, and
25		shall keep records in a manner designated by the
26		Department regarding, the certified family health aide, as

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1		defined in the Certified Family Health Aide Program for
2		Children and Adults Act, identified as the legally
3		responsible caregiver or designated by a legally
4		responsible caregiver for the medical care of an
5		individual who receives or is eligible to receive:
6		(i) in-home shift nursing services under the Early
7		and Periodic Screening, Diagnostic and Treatment
8		requirement of Medicaid under 42 U.S.C. 1396d(r); or
9		(ii) in-home shift nursing through the home and
10		community-based services waiver program authorized
11		under Section 1915(c) of the Social Security Act for
12		persons who are medically fragile and technology
13		dependent.
14		Coverage for the services provided by the Department
15		of Healthcare and Family Services under this paragraph (3)
16		is contingent upon federal waiver approval and is provided
17		only to Medicaid eligible clients participating in the
18		home and community based services waiver designated in
19		Section 1915(c) of the Social Security Act for medically
20		frail and technologically dependent children or children
21		in Department of Children and Family Services foster care
22		who receive home health benefits.
23		(4) Alternative health care delivery model; community
24		based residential rehabilitation center. A community-based
25		residential rehabilitation center model is a designated
26		site that provides rehabilitation or support, or both, for

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1		persons who have experienced severe brain injury, who are
2		medically stable, and who no longer require acute
3		rehabilitative care or intense medical or nursing
4		services. The average length of stay in a community-based
5		residential rehabilitation center shall not exceed 4
6		months. As an integral part of the services provided,
7		individuals are housed in a supervised living setting
8		while having immediate access to the community. The
9		residential rehabilitation center authorized by the
10		Department may have more than one residence included under
11		the license. A residence may be no larger than 12 beds and
12		shall be located as an integral part of the community. Day
13		treatment or individualized outpatient services shall be
14		provided for persons who reside in their own home.
15		Functional outcome goals shall be established for each
16		individual. Services shall include, but are not limited
17		to, case management, training and assistance with
18		activities of daily living, nursing consultation,
19		traditional therapies (physical, occupational, speech),
20		functional interventions in the residence and community
21		(job placement, shopping, banking, recreation),
22		counseling, self-management strategies, productive
23		activities, and multiple opportunities for skill
24		acquisition and practice throughout the day. The design of
25		individualized program plans shall be consistent with the
26		outcome goals that are established for each resident. The

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1		programs provided in this setting shall be accredited by
2		the Commission on Accreditation of Rehabilitation
3		Facilities (CARF). The program shall have been accredited
4		by CARF as a Brain Injury Community-Integrative Program
5		for at least 3 years.
6		(5) Alternative health care delivery model;
7		Alzheimer's disease management center. An Alzheimer's
8		disease management center model is a designated site that
9		provides a safe and secure setting for care of persons
10		diagnosed with Alzheimer's disease. An Alzheimer's disease
11		management center model shall be a facility separate from
12		any other facility licensed by the Department of Public
13		Health under this or any other Act. An Alzheimer's disease
14		management center shall conduct and document an assessment
15		of each resident every 6 months. The assessment shall
16		include an evaluation of daily functioning, cognitive
17		status, other medical conditions, and behavioral problems.
18		An Alzheimer's disease management center shall develop and
19		implement an ongoing treatment plan for each resident. The
20		treatment plan shall have defined goals. The Alzheimer's
21		disease management center shall treat behavioral problems
22		and mood disorders using nonpharmacologic approaches such
23		as environmental modification, task simplification, and
24		other appropriate activities. All staff must have
25		necessary training to care for all stages of Alzheimer's
26		Disease. An Alzheimer's disease management center shall

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1		provide education and support for residents and
2		caregivers. The education and support shall include
3		referrals to support organizations for educational
4		materials on community resources, support groups, legal
5		and financial issues, respite care, and future care needs
6		and options. The education and support shall also include
7		a discussion of the resident's need to make advance
8		directives and to identify surrogates for medical and
9		legal decision-making. The provisions of this paragraph
10		establish the minimum level of services that must be
11		provided by an Alzheimer's disease management center. An
12		Alzheimer's disease management center model shall have no
13		more than 100 residents. Nothing in this paragraph (5)
14		shall be construed as prohibiting a person or facility
15		from providing services and care to persons with
16		Alzheimer's disease as otherwise authorized under State
17		law.
18		(6) Alternative health care delivery model; birth
19		center. A birth center shall be exclusively dedicated to
20		serving the childbirth-related needs of women and their
21		newborns and shall have no more than 10 beds. A birth
22		center is a designated site that is away from the mother's
23		usual place of residence and in which births are planned
24		to occur following a normal, uncomplicated, and low-risk
25		pregnancy. A birth center shall offer prenatal care and
26		community education services and shall coordinate these

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1		services with other health care services available in the
2		community.
3		(A) A birth center shall not be separately
4		licensed if it is one of the following:
5		(1) A part of a hospital; or
6		(2) A freestanding facility that is physically
7		distinct from a hospital but is operated under a
8		license issued to a hospital under the Hospital
9		Licensing Act.
10		(B) A separate birth center license shall be
11		required if the birth center is operated as:
12		(1) A part of the operation of a federally
13		qualified health center as designated by the
14		United States Department of Health and Human
15		Services; or
16		(2) A facility other than one described in
17		subparagraph (A)(1), (A)(2), or (B)(1) of this
18		paragraph (6) whose costs are reimbursable under
19		Title XIX of the federal Social Security Act.
20		In adopting rules for birth centers, the Department
21		shall consider: the American Association of Birth Centers'
22		Standards for Freestanding Birth Centers; the American
23		Academy of Pediatrics/American College of Obstetricians
24		and Gynecologists Guidelines for Perinatal Care; and the
25		Regionalized Perinatal Health Care Code. The Department's
26		rules shall stipulate the eligibility criteria for birth

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1		center admission. The Department's rules shall stipulate
2		the necessary equipment for emergency care according to
3		the American Association of Birth Centers' standards and
4		any additional equipment deemed necessary by the
5		Department. The Department's rules shall provide for a
6		time period within which each birth center not part of a
7		hospital must become accredited by either the Commission
8		for the Accreditation of Freestanding Birth Centers or The
9		Joint Commission.
10		A birth center shall be certified to participate in
11		the Medicare and Medicaid programs under Titles XVIII and
12		XIX, respectively, of the federal Social Security Act. To
13		the extent necessary, the Illinois Department of
14		Healthcare and Family Services shall apply for a waiver
15		from the United States Health Care Financing
16		Administration to allow birth centers to be reimbursed
17		under Title XIX of the federal Social Security Act.
18		A birth center that is not operated under a hospital
19		license shall be located within a ground travel time
20		distance from the general acute care hospital with which
21		the birth center maintains a contractual relationship,
22		including a transfer agreement, as required under this
23		paragraph, that allows for an emergency caesarian delivery
24		to be started within 30 minutes of the decision a
25		caesarian delivery is necessary. A birth center operating
26		under a hospital license shall be located within a ground

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1		travel time distance from the licensed hospital that
2		allows for an emergency caesarian delivery to be started
3		within 30 minutes of the decision a caesarian delivery is
4		necessary.
5		The services of a medical director physician, licensed
6		to practice medicine in all its branches, who is certified
7		or eligible for certification by the American College of
8		Obstetricians and Gynecologists or the American Board of
9		Osteopathic Obstetricians and Gynecologists or has
10		hospital obstetrical privileges are required in birth
11		centers. The medical director in consultation with the
12		Director of Nursing and Midwifery Services shall
13		coordinate the clinical staff and overall provision of
14		patient care. The medical director or his or her physician
15		designee shall be available on the premises or within a
16		close proximity as defined by rule. The medical director
17		and the Director of Nursing and Midwifery Services shall
18		jointly develop and approve policies defining the criteria
19		to determine which pregnancies are accepted as normal,
20		uncomplicated, and low-risk, and the anesthesia services
21		available at the center. No general anesthesia may be
22		administered at the center.
23		If a birth center employs certified nurse midwives, a
24		certified nurse midwife shall be the Director of Nursing
25		and Midwifery Services who is responsible for the
26		development of policies and procedures for services as

HB3595 Enrolled - 418 - LRB104 08153 BAB 18201 b
1		provided by Department rules.
2		An obstetrician, family practitioner, or certified
3		nurse midwife shall attend each woman in labor from the
4		time of admission through birth and throughout the
5		immediate postpartum period. Attendance may be delegated
6		only to another physician or certified nurse midwife.
7		Additionally, a second staff person shall also be present
8		at each birth who is licensed or certified in Illinois in a
9		health-related field and under the supervision of the
10		physician or certified nurse midwife in attendance, has
11		specialized training in labor and delivery techniques and
12		care of newborns, and receives planned and ongoing
13		training as needed to perform assigned duties effectively.
14		The maximum length of stay in a birth center shall be
15		consistent with existing State laws allowing a 48-hour
16		stay or appropriate post-delivery care, if discharged
17		earlier than 48 hours.
18		A birth center shall participate in the Illinois
19		Perinatal System under the Developmental Disability
20		Prevention Act. At a minimum, this participation shall
21		require a birth center to establish a letter of agreement
22		with a hospital designated under the Perinatal System. A
23		hospital that operates or has a letter of agreement with a
24		birth center shall include the birth center under its
25		maternity service plan under the Hospital Licensing Act
26		and shall include the birth center in the hospital's

HB3595 Enrolled - 419 - LRB104 08153 BAB 18201 b
1		letter of agreement with its regional perinatal center.
2		A birth center may not discriminate against any
3		patient requiring treatment because of the source of
4		payment for services, including Medicare and Medicaid
5		recipients.
6		No general anesthesia and no surgery may be performed
7		at a birth center. The Department may by rule add birth
8		center patient eligibility criteria or standards as it
9		deems necessary. The Department shall by rule require each
10		birth center to report the information which the
11		Department shall make publicly available, which shall
12		include, but is not limited to, the following:
13		(i) Birth center ownership.
14		(ii) Sources of payment for services.
15		(iii) Utilization data involving patient length of
16		stay.
17		(iv) Admissions and discharges.
18		(v) Complications.
19		(vi) Transfers.
20		(vii) Unusual incidents.
21		(viii) Deaths.
22		(ix) Any other publicly reported data required
23		under the Illinois Consumer Guide.
24		(x) Post-discharge patient status data where
25		patients are followed for 14 days after discharge from
26		the birth center to determine whether the mother or

HB3595 Enrolled - 420 - LRB104 08153 BAB 18201 b
1		baby developed a complication or infection.
2		Within 9 months after the effective date of this
3		amendatory Act of the 95th General Assembly, the
4		Department shall adopt rules that are developed with
5		consideration of: the American Association of Birth
6		Centers' Standards for Freestanding Birth Centers; the
7		American Academy of Pediatrics/American College of
8		Obstetricians and Gynecologists Guidelines for Perinatal
9		Care; and the Regionalized Perinatal Health Care Code.
10		The Department shall adopt other rules as necessary to
11		implement the provisions of this amendatory Act of the
12		95th General Assembly within 9 months after the effective
13		date of this amendatory Act of the 95th General Assembly.
14		(Source: P.A. 104-9, eff. 6-16-25.)
15		Section 155. The MC/DD Act is amended by changing Section
16		1-114.001 as follows:
17		(210 ILCS 46/1-114.001)
18		Sec. 1-114.001. Habilitation. "Habilitation" means an
19		effort directed toward increasing a person's level of
20		physical, mental, social, or economic functioning.
21		Habilitation may include, but is not limited to, diagnosis,
22		evaluation, medical services, residential care, child day
23		care, special living arrangements, training, education,
24		employment services, protective services, and counseling.

HB3595 Enrolled - 421 - LRB104 08153 BAB 18201 b
1		(Source: P.A. 99-180, eff. 7-29-15.)
2		Section 160. The ID/DD Community Care Act is amended by
3		changing Section 1-114.001 as follows:
4		(210 ILCS 47/1-114.001)
5		Sec. 1-114.001. Habilitation. "Habilitation" means an
6		effort directed toward increasing a person's level of
7		physical, mental, social, or economic functioning.
8		Habilitation may include, but is not limited to, diagnosis,
9		evaluation, medical services, residential care, child day
10		care, special living arrangements, training, education,
11		employment services, protective services, and counseling.
12		(Source: P.A. 97-38, eff. 6-28-11.)
13		Section 165. The Hospital Licensing Act is amended by
14		changing Section 6.13 as follows:
15		(210 ILCS 85/6.13)  (from Ch. 111 1/2, par. 147.13)
16		Sec. 6.13. Any hospital licensed under this Act may
17		provide a program or service for the temporary custodial care
18		of mildly ill children who, because of their illness, are
19		unable to attend school or to participate in their normal
20		early care and education day care program. The Department
21		shall develop minimum standards, rules and regulations to
22		govern the operation of a sick early care and education child

HB3595 Enrolled - 422 - LRB104 08153 BAB 18201 b
1		day program which is operated by a hospital and located on the
2		hospital's licensed premises. Any such standards, rules and
3		regulations shall provide that:
4		(a) a sick early care and education child day program may
5		be located anywhere on the hospital's licensed premises,
6		including patient care units, when the following conditions
7		are met:
8		(1) Children in the sick early care and education
9		child day program shall not simultaneously occupy the same
10		room as a hospital patient; and
11		(2) Children in the sick early care and education
12		child day program who are recovering from non-contagious
13		conditions shall be cared for in a room separate from
14		children registered in the program who have contagious
15		conditions.
16		(b) children registered in a sick early care and education
17		child day program are not considered to be hospital patients,
18		and are not required to be under the professional care of a
19		member of the hospital's medical staff except in those cases
20		where emergency medical treatment is needed during the time
21		the child is on the program premises; and
22		(c) medication may be administered to a child in a sick
23		early care and education child program when the following
24		conditions are met:
25		(1) Prescription medications shall be labeled with the
26		child's name, directions for administering the medication,

HB3595 Enrolled - 423 - LRB104 08153 BAB 18201 b
1		the date, the physician's name, the prescription number,
2		and the dispensing drug store or pharmacy. Only current
3		prescription medications will be administered by the
4		program. Nothing in this paragraph (1) shall be construed
5		to prohibit program staff from administering medication
6		prescribed by any licensed professional who is permitted
7		by law to do so, whether or not the professional is a
8		member of the hospital's medical staff.
9		(2) Written parental permission shall be obtained
10		before non-prescription medication is administered. Such
11		medication shall be administered in accordance with
12		package instructions.
13		(Source: P.A. 86-1461; 87-435.)
14		Section 170. The Illinois Insurance Code is amended by
15		changing Sections 155.31, 1204, and 1630 as follows:
16		(215 ILCS 5/155.31)
17		Sec. 155.31. Early care and education homes Day care and
18		group early care and education day care homes; coverage.
19		(a) No insurer providing insurance coverage, as defined in
20		subsection (b) of Section 143.13 of this Code, shall nonrenew
21		or cancel an insurance policy on an early care and education a
22		day care home or group early care and education day care home,
23		as defined in the Child Care Act of 1969, solely on the basis
24		that the insured operates a duly licensed early care and

HB3595 Enrolled - 424 - LRB104 08153 BAB 18201 b
1		education day care home or group early care and education day
2		care home on the insured premises.
3		(b) An insurer providing such insurance coverage to a
4		licensed early care and education day care home or licensed
5		group early care and education day care home may provide such
6		coverage with a separate policy or endorsement to a policy of
7		fire and extended coverage insurance, as defined in subsection
8		(b) of Section 143.13.
9		(c) Notwithstanding subsections (a) and (b) of this
10		Section, the insurer providing such coverage shall be allowed
11		to cancel or nonrenew an insurance policy on an early care and
12		education a day care home or group early care and education day
13		care home based upon the authority provided under Sections
14		143.21 and 143.21.1 of this Code.
15		(Source: P.A. 90-401, eff. 1-1-98; 90-655, eff. 7-30-98.)
16		(215 ILCS 5/1204)  (from Ch. 73, par. 1065.904)
17		Sec. 1204. (A) The Director shall promulgate rules and
18		regulations which shall require each insurer licensed to write
19		property or casualty insurance in the State and each syndicate
20		doing business on the Illinois Insurance Exchange to record
21		and report its loss and expense experience and other data as
22		may be necessary to assess the relationship of insurance
23		premiums and related income as compared to insurance costs and
24		expenses. The Director may designate one or more rate service
25		organizations or advisory organizations to gather and compile

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1		such experience and data. The Director shall require each
2		insurer licensed to write property or casualty insurance in
3		this State and each syndicate doing business on the Illinois
4		Insurance Exchange to submit a report, on a form furnished by
5		the Director, showing its direct writings in this State and
6		companywide.
7		(B) Such report required by subsection (A) of this Section
8		may include, but not be limited to, the following specific
9		types of insurance written by such insurer:
10		(1) Political subdivision liability insurance reported
11		separately in the following categories:
12		(a) municipalities;
13		(b) school districts;
14		(c) other political subdivisions;
15		(2) Public official liability insurance;
16		(3) Dram shop liability insurance;
17		(4) Early care and education Day care center liability
18		insurance;
19		(5) Labor, fraternal or religious organizations
20		liability insurance;
21		(6) Errors and omissions liability insurance;
22		(7) Officers and directors liability insurance
23		reported separately as follows:
24		(a) non-profit entities;
25		(b) for-profit entities;
26		(8) Products liability insurance;

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1		(9) Medical malpractice insurance;
2		(10) Attorney malpractice insurance;
3		(11) Architects and engineers malpractice insurance;
4		and
5		(12) Motor vehicle insurance reported separately for
6		commercial and private passenger vehicles as follows:
7		(a) motor vehicle physical damage insurance;
8		(b) motor vehicle liability insurance.
9		(C) Such report may include, but need not be limited to the
10		following data, both specific to this State and companywide,
11		in the aggregate or by type of insurance for the previous year
12		on a calendar year basis:
13		(1) Direct premiums written;
14		(2) Direct premiums earned;
15		(3) Number of policies;
16		(4) Net investment income, using appropriate estimates
17		where necessary;
18		(5) Losses paid;
19		(6) Losses incurred;
20		(7) Loss reserves:
21		(a) Losses unpaid on reported claims;
22		(b) Losses unpaid on incurred but not reported
23		claims;
24		(8) Number of claims:
25		(a) Paid claims;
26		(b) Arising claims;

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1		(9) Loss adjustment expenses:
2		(a) Allocated loss adjustment expenses;
3		(b) Unallocated loss adjustment expenses;
4		(10) Net underwriting gain or loss;
5		(11) Net operation gain or loss, including net
6		investment income;
7		(12) Any other information requested by the Director.
8		(C-3) Additional information by an advisory organization
9		as defined in Section 463 of this Code.
10		(1) An advisory organization as defined in Section 463
11		of this Code shall report annually the following
12		information in such format as may be prescribed by the
13		Secretary:
14		(a) paid and incurred losses for each of the past
15		10 years;
16		(b) medical payments and medical charges, if
17		collected, for each of the past 10 years;
18		(c) the following indemnity payment information:
19		cumulative payments by accident year by calendar year
20		of development. This array will show payments made and
21		frequency of claims in the following categories:
22		medical only, permanent partial disability (PPD),
23		permanent total disability (PTD), temporary total
24		disability (TTD), and fatalities;
25		(d) injuries by frequency and severity;
26		(e) by class of employee.

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1		(2) The report filed with the Secretary of Financial
2		and Professional Regulation under paragraph (1) of this
3		subsection (C-3) shall be made available, on an aggregate
4		basis, to the General Assembly and to the general public.
5		The identity of the petitioner, the respondent, the
6		attorneys, and the insurers shall not be disclosed.
7		(3) Reports required under this subsection (C-3) shall
8		be filed with the Secretary no later than September 1 in
9		2006 and no later than September 1 of each year
10		thereafter.
11		(D) In addition to the information which may be requested
12		under subsection (C), the Director may also request on a
13		companywide, aggregate basis, Federal Income Tax recoverable,
14		net realized capital gain or loss, net unrealized capital gain
15		or loss, and all other expenses not requested in subsection
16		(C) above.
17		(E) Violations - Suspensions - Revocations.
18		(1) Any company or person subject to this Article, who
19		willfully or repeatedly fails to observe or who otherwise
20		violates any of the provisions of this Article or any rule
21		or regulation promulgated by the Director under authority
22		of this Article or any final order of the Director entered
23		under the authority of this Article shall by civil penalty
24		forfeit to the State of Illinois a sum not to exceed
25		$2,000. Each day during which a violation occurs
26		constitutes a separate offense.

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1		(2) No forfeiture liability under paragraph (1) of
2		this subsection may attach unless a written notice of
3		apparent liability has been issued by the Director and
4		received by the respondent, or the Director sends written
5		notice of apparent liability by registered or certified
6		mail, return receipt requested, to the last known address
7		of the respondent. Any respondent so notified must be
8		granted an opportunity to request a hearing within 10 days
9		from receipt of notice, or to show in writing, why he
10		should not be held liable. A notice issued under this
11		Section must set forth the date, facts and nature of the
12		act or omission with which the respondent is charged and
13		must specifically identify the particular provision of
14		this Article, rule, regulation or order of which a
15		violation is charged.
16		(3) No forfeiture liability under paragraph (1) of
17		this subsection may attach for any violation occurring
18		more than 2 years prior to the date of issuance of the
19		notice of apparent liability and in no event may the total
20		civil penalty forfeiture imposed for the acts or omissions
21		set forth in any one notice of apparent liability exceed
22		$100,000.
23		(4) All administrative hearings conducted pursuant to
24		this Article are subject to 50 Ill. Adm. Code 2402 and all
25		administrative hearings are subject to the Administrative
26		Review Law.

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1		(5) The civil penalty forfeitures provided for in this
2		Section are payable to the General Revenue Fund of the
3		State of Illinois, and may be recovered in a civil suit in
4		the name of the State of Illinois brought in the Circuit
5		Court in Sangamon County or in the Circuit Court of the
6		county where the respondent is domiciled or has its
7		principal operating office.
8		(6) In any case where the Director issues a notice of
9		apparent liability looking toward the imposition of a
10		civil penalty forfeiture under this Section that fact may
11		not be used in any other proceeding before the Director to
12		the prejudice of the respondent to whom the notice was
13		issued, unless (a) the civil penalty forfeiture has been
14		paid, or (b) a court has ordered payment of the civil
15		penalty forfeiture and that order has become final.
16		(7) When any person or company has a license or
17		certificate of authority under this Code and knowingly
18		fails or refuses to comply with a lawful order of the
19		Director requiring compliance with this Article, entered
20		after notice and hearing, within the period of time
21		specified in the order, the Director may, in addition to
22		any other penalty or authority provided, revoke or refuse
23		to renew the license or certificate of authority of such
24		person or company, or may suspend the license or
25		certificate of authority of such person or company until
26		compliance with such order has been obtained.

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1		(8) When any person or company has a license or
2		certificate of authority under this Code and knowingly
3		fails or refuses to comply with any provisions of this
4		Article, the Director may, after notice and hearing, in
5		addition to any other penalty provided, revoke or refuse
6		to renew the license or certificate of authority of such
7		person or company, or may suspend the license or
8		certificate of authority of such person or company, until
9		compliance with such provision of this Article has been
10		obtained.
11		(9) No suspension or revocation under this Section may
12		become effective until 5 days from the date that the
13		notice of suspension or revocation has been personally
14		delivered or delivered by registered or certified mail to
15		the company or person. A suspension or revocation under
16		this Section is stayed upon the filing, by the company or
17		person, of a petition for judicial review under the
18		Administrative Review Law.
19		(Source: P.A. 103-426, eff. 8-4-23.)
20		(215 ILCS 5/1630)
21		Sec. 1630. Definitions. As used in this Article:
22		"Aggregator site" means a website that provides access to
23		information regarding insurance products from more than one
24		insurer, including product and insurer information, for use in
25		comparison shopping.

HB3595 Enrolled - 432 - LRB104 08153 BAB 18201 b
1		"Blanket travel insurance" means a policy of travel
2		insurance issued to any eligible group providing coverage for
3		specific classes of persons defined in the policy with
4		coverage provided to all members of the eligible group without
5		a separate charge to individual members of the eligible group.
6		"Cancellation fee waiver" means a contractual agreement
7		between a supplier of travel services and its customer to
8		waive some or all of the nonrefundable cancellation fee
9		provisions of the supplier's underlying travel contract with
10		or without regard to the reason for the cancellation or form of
11		reimbursement. A "cancellation fee waiver" is not insurance.
12		"Eligible group", solely for the purposes of travel
13		insurance, means 2 or more persons who are engaged in a common
14		enterprise, or have an economic, educational, or social
15		affinity or relationship, including, but not limited to, any
16		of the following:
17		(1) any entity engaged in the business of providing
18		travel or travel services, including, but not limited to:
19		tour operators, lodging providers, vacation property
20		owners, hotels and resorts, travel clubs, travel agencies,
21		property managers, cultural exchange programs, and common
22		carriers or the operator, owner, or lessor of a means of
23		transportation of passengers, including, but not limited
24		to, airlines, cruise lines, railroads, steamship
25		companies, and public bus carriers, wherein with regard to
26		any particular travel or type of travel or travelers, all

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1		members or customers of the group must have a common
2		exposure to risk attendant to such travel;
3		(2) any college, school, or other institution of
4		learning covering students, teachers, employees, or
5		volunteers;
6		(3) any employer covering any group of employees,
7		volunteers, contractors, board of directors, dependents,
8		or guests;
9		(4) any sports team, camp, or sponsor of any sports
10		team or camp covering participants, members, campers,
11		employees, officials, supervisors, or volunteers;
12		(5) any religious, charitable, recreational,
13		educational, or civic organization, or branch of an
14		organization covering any group of members, participants,
15		or volunteers;
16		(6) any financial institution or financial institution
17		vendor, or parent holding company, trustee, or agent of or
18		designated by one or more financial institutions or
19		financial institution vendors, including account holders,
20		credit card holders, debtors, guarantors, or purchasers;
21		(7) any incorporated or unincorporated association,
22		including labor unions, having a common interest,
23		constitution and bylaws, and organized and maintained in
24		good faith for purposes other than obtaining insurance for
25		members or participants of such association covering its
26		members;

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1		(8) any trust or the trustees of a fund established,
2		created, or maintained for the benefit of and covering
3		members, employees or customers, subject to the Director's
4		permitting the use of a trust and the State's premium tax
5		provisions, of one or more associations meeting the
6		requirements of paragraph (7) of this definition;
7		(9) any entertainment production company covering any
8		group of participants, volunteers, audience members,
9		contestants, or workers;
10		(10) any volunteer fire department, ambulance, rescue,
11		police, court, or any first aid, civil defense, or other
12		such volunteer group;
13		(11) preschools, child or day care institutions for
14		children or adults, and senior citizen clubs;
15		(12) any automobile or truck rental or leasing company
16		covering a group of individuals who may become renters,
17		lessees, or passengers defined by their travel status on
18		the rented or leased vehicles. The common carrier, the
19		operator, owner or lessor of a means of transportation, or
20		the automobile or truck rental or leasing company, is the
21		policyholder under a policy to which this Section applies;
22		or
23		(13) any other group where the Director has determined
24		that the members are engaged in a common enterprise, or
25		have an economic, educational, or social affinity or
26		relationship, and that issuance of the policy would not be

HB3595 Enrolled - 435 - LRB104 08153 BAB 18201 b
1		contrary to the public interest.
2		"Fulfillment materials" means documentation sent to the
3		purchaser of a travel protection plan confirming the purchase
4		and providing the travel protection plan's coverage and
5		assistance details.
6		"Group travel insurance" means travel insurance issued to
7		any eligible group.
8		"Limited lines travel insurance producer" means one of the
9		following:
10		(1) a licensed managing general agent or third-party
11		administrator;
12		(2) a licensed insurance producer, including a limited
13		lines producer; or
14		(3) a travel administrator.
15		"Offering and disseminating" means the following:
16		(1) Providing information to a prospective or current
17		policyholder on behalf of a limited lines travel insurance
18		entity, including brochures, buyer guides, descriptions of
19		coverage, and price.
20		(2) Referring specific questions regarding coverage
21		features and benefits from a prospective or current
22		policyholder to a limited lines travel insurance entity.
23		(3) Disseminating and processing applications for
24		coverage, coverage selection forms, or other similar forms
25		in response to a request from a prospective or current
26		policyholder.

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1		(4) Collecting premiums from a prospective or current
2		policyholder on behalf of a limited lines travel insurance
3		entity.
4		(5) Receiving and recording information from a
5		policyholder to share with a limited lines travel
6		insurance entity.
7		"Primary policyholder" means an individual person who
8		elects and purchases individual travel insurance.
9		"Travel administrator" means a person who directly or
10		indirectly underwrites, collects charges, collateral, or
11		premiums from, or adjusts or settles claims on residents of
12		this State in connection with travel insurance, except that a
13		person shall not be considered a travel administrator if that
14		person's only actions that would otherwise cause the person to
15		be considered a travel administrator are among the following:
16		(1) a person working for a travel administrator to the
17		extent that the person's activities are subject to the
18		supervision and control of the travel administrator;
19		(2) an insurance producer selling insurance or engaged
20		in administrative and claims-related activities within the
21		scope of the producer's license;
22		(3) a travel retailer offering and disseminating
23		travel insurance and registered under the license of a
24		limited lines travel insurance producer in accordance with
25		Section 1635;
26		(4) an individual adjusting or settling claims in the

HB3595 Enrolled - 437 - LRB104 08153 BAB 18201 b
1		normal course of that individual's practice or employment
2		as an attorney-at-law and who does not collect charges or
3		premiums in connection with insurance coverage; or
4		(5) a business entity that is affiliated with a
5		licensed insurer while acting as a travel administrator
6		for the direct and assumed insurance business of an
7		affiliated insurer.
8		"Travel assistance services" means noninsurance services
9		for which the consumer is not indemnified based on a
10		fortuitous event, and where providing the service does not
11		result in transfer or shifting of risk that would constitute
12		the business of insurance. "Travel assistance services"
13		include, but are not limited to: security advisories;
14		destination information; vaccination and immunization
15		information services; travel reservation services;
16		entertainment; activity and event planning; translation
17		assistance; emergency messaging; international legal and
18		medical referrals; medical case monitoring; coordination of
19		transportation arrangements; emergency cash transfer
20		assistance; medical prescription replacement assistance;
21		passport and travel document replacement assistance; lost
22		luggage assistance; concierge services; and any other service
23		that is furnished in connection with planned travel. "Travel
24		assistance services" are not insurance and are not related to
25		insurance.
26		"Travel insurance" means insurance coverage for personal

HB3595 Enrolled - 438 - LRB104 08153 BAB 18201 b
1		risks incident to planned travel, including, but not limited
2		to:
3		(1) the interruption or cancellation of a trip or
4		event;
5		(2) the loss of baggage or personal effects;
6		(3) damages to accommodations or rental vehicles;
7		(4) sickness, accident, disability, or death occurring
8		during travel;
9		(5) emergency evacuation;
10		(6) repatriation of remains; or
11		(7) any other contractual obligations to indemnify or
12		pay a specified amount to the traveler upon determinable
13		contingencies related to travel as approved by the
14		Director.
15		"Travel insurance" does not include major medical plans
16		that provide comprehensive medical protection for travelers
17		with trips lasting 6 months or longer, including those working
18		overseas as expatriates or as military personnel on
19		deployment.
20		"Travel insurance business entity" means a licensed
21		insurance producer designated by an insurer as set forth in
22		subsection (h) of Section 1635.
23		"Travel protection plans" means plans that provide one or
24		more of the following: travel insurance, travel assistance
25		services, and cancellation fee waivers.
26		"Travel retailer" means a business organization that

HB3595 Enrolled - 439 - LRB104 08153 BAB 18201 b
1		makes, arranges, or offers travel services and, with respect
2		to travel insurance, is limited to offering and disseminating
3		as defined in this Section, unless otherwise licensed under
4		subsection (b) of Section 1635.
5		(Source: P.A. 102-212, eff. 10-28-21.)
6		Section 175. The Public Utilities Act is amended by
7		changing Section 8-103B as follows:
8		(220 ILCS 5/8-103B)
9		(Text of Section before amendment by P.A. 104-458)
10		Sec. 8-103B. Energy efficiency and demand-response
11		measures.
12		(a) It is the policy of the State that electric utilities
13		are required to use cost-effective energy efficiency and
14		demand-response measures to reduce delivery load. Requiring
15		investment in cost-effective energy efficiency and
16		demand-response measures will reduce direct and indirect costs
17		to consumers by decreasing environmental impacts and by
18		avoiding or delaying the need for new generation,
19		transmission, and distribution infrastructure. It serves the
20		public interest to allow electric utilities to recover costs
21		for reasonably and prudently incurred expenditures for energy
22		efficiency and demand-response measures. As used in this
23		Section, "cost-effective" means that the measures satisfy the
24		total resource cost test. The low-income measures described in

HB3595 Enrolled - 440 - LRB104 08153 BAB 18201 b
1		subsection (c) of this Section shall not be required to meet
2		the total resource cost test. For purposes of this Section,
3		the terms "energy-efficiency", "demand-response", "electric
4		utility", and "total resource cost test" have the meanings set
5		forth in the Illinois Power Agency Act. "Black, indigenous,
6		and people of color" and "BIPOC" means people who are members
7		of the groups described in subparagraphs (a) through (e) of
8		paragraph (A) of subsection (1) of Section 2 of the Business
9		Enterprise for Minorities, Women, and Persons with
10		Disabilities Act.
11		(a-5) This Section applies to electric utilities serving
12		more than 500,000 retail customers in the State for those
13		multi-year plans commencing after December 31, 2017.
14		(b) For purposes of this Section, electric utilities
15		subject to this Section that serve more than 3,000,000 retail
16		customers in the State shall be deemed to have achieved a
17		cumulative persisting annual savings of 6.6% from energy
18		efficiency measures and programs implemented during the period
19		beginning January 1, 2012 and ending December 31, 2017, which
20		percent is based on the deemed average weather normalized
21		sales of electric power and energy during calendar years 2014,
22		2015, and 2016 of 88,000,000 MWhs. For the purposes of this
23		subsection (b) and subsection (b-5), the 88,000,000 MWhs of
24		deemed electric power and energy sales shall be reduced by the
25		number of MWhs equal to the sum of the annual consumption of
26		customers that have opted out of subsections (a) through (j)

HB3595 Enrolled - 441 - LRB104 08153 BAB 18201 b
1		of this Section under paragraph (1) of subsection (l) of this
2		Section, as averaged across the calendar years 2014, 2015, and
3		2016. After 2017, the deemed value of cumulative persisting
4		annual savings from energy efficiency measures and programs
5		implemented during the period beginning January 1, 2012 and
6		ending December 31, 2017, shall be reduced each year, as
7		follows, and the applicable value shall be applied to and
8		count toward the utility's achievement of the cumulative
9		persisting annual savings goals set forth in subsection (b-5):
10		(1) 5.8% deemed cumulative persisting annual savings
11		for the year ending December 31, 2018;
12		(2) 5.2% deemed cumulative persisting annual savings
13		for the year ending December 31, 2019;
14		(3) 4.5% deemed cumulative persisting annual savings
15		for the year ending December 31, 2020;
16		(4) 4.0% deemed cumulative persisting annual savings
17		for the year ending December 31, 2021;
18		(5) 3.5% deemed cumulative persisting annual savings
19		for the year ending December 31, 2022;
20		(6) 3.1% deemed cumulative persisting annual savings
21		for the year ending December 31, 2023;
22		(7) 2.8% deemed cumulative persisting annual savings
23		for the year ending December 31, 2024;
24		(8) 2.5% deemed cumulative persisting annual savings
25		for the year ending December 31, 2025;
26		(9) 2.3% deemed cumulative persisting annual savings

HB3595 Enrolled - 442 - LRB104 08153 BAB 18201 b
1		for the year ending December 31, 2026;
2		(10) 2.1% deemed cumulative persisting annual savings
3		for the year ending December 31, 2027;
4		(11) 1.8% deemed cumulative persisting annual savings
5		for the year ending December 31, 2028;
6		(12) 1.7% deemed cumulative persisting annual savings
7		for the year ending December 31, 2029;
8		(13) 1.5% deemed cumulative persisting annual savings
9		for the year ending December 31, 2030;
10		(14) 1.3% deemed cumulative persisting annual savings
11		for the year ending December 31, 2031;
12		(15) 1.1% deemed cumulative persisting annual savings
13		for the year ending December 31, 2032;
14		(16) 0.9% deemed cumulative persisting annual savings
15		for the year ending December 31, 2033;
16		(17) 0.7% deemed cumulative persisting annual savings
17		for the year ending December 31, 2034;
18		(18) 0.5% deemed cumulative persisting annual savings
19		for the year ending December 31, 2035;
20		(19) 0.4% deemed cumulative persisting annual savings
21		for the year ending December 31, 2036;
22		(20) 0.3% deemed cumulative persisting annual savings
23		for the year ending December 31, 2037;
24		(21) 0.2% deemed cumulative persisting annual savings
25		for the year ending December 31, 2038;
26		(22) 0.1% deemed cumulative persisting annual savings

HB3595 Enrolled - 443 - LRB104 08153 BAB 18201 b
1		for the year ending December 31, 2039; and
2		(23) 0.0% deemed cumulative persisting annual savings
3		for the year ending December 31, 2040 and all subsequent
4		years.
5		For purposes of this Section, "cumulative persisting
6		annual savings" means the total electric energy savings in a
7		given year from measures installed in that year or in previous
8		years, but no earlier than January 1, 2012, that are still
9		operational and providing savings in that year because the
10		measures have not yet reached the end of their useful lives.
11		(b-5) Beginning in 2018, electric utilities subject to
12		this Section that serve more than 3,000,000 retail customers
13		in the State shall achieve the following cumulative persisting
14		annual savings goals, as modified by subsection (f) of this
15		Section and as compared to the deemed baseline of 88,000,000
16		MWhs of electric power and energy sales set forth in
17		subsection (b), as reduced by the number of MWhs equal to the
18		sum of the annual consumption of customers that have opted out
19		of subsections (a) through (j) of this Section under paragraph
20		(1) of subsection (l) of this Section as averaged across the
21		calendar years 2014, 2015, and 2016, through the
22		implementation of energy efficiency measures during the
23		applicable year and in prior years, but no earlier than
24		January 1, 2012:
25		(1) 7.8% cumulative persisting annual savings for the
26		year ending December 31, 2018;

HB3595 Enrolled - 444 - LRB104 08153 BAB 18201 b
1		(2) 9.1% cumulative persisting annual savings for the
2		year ending December 31, 2019;
3		(3) 10.4% cumulative persisting annual savings for the
4		year ending December 31, 2020;
5		(4) 11.8% cumulative persisting annual savings for the
6		year ending December 31, 2021;
7		(5) 13.1% cumulative persisting annual savings for the
8		year ending December 31, 2022;
9		(6) 14.4% cumulative persisting annual savings for the
10		year ending December 31, 2023;
11		(7) 15.7% cumulative persisting annual savings for the
12		year ending December 31, 2024;
13		(8) 17% cumulative persisting annual savings for the
14		year ending December 31, 2025;
15		(9) 17.9% cumulative persisting annual savings for the
16		year ending December 31, 2026;
17		(10) 18.8% cumulative persisting annual savings for
18		the year ending December 31, 2027;
19		(11) 19.7% cumulative persisting annual savings for
20		the year ending December 31, 2028;
21		(12) 20.6% cumulative persisting annual savings for
22		the year ending December 31, 2029; and
23		(13) 21.5% cumulative persisting annual savings for
24		the year ending December 31, 2030.
25		No later than December 31, 2021, the Illinois Commerce
26		Commission shall establish additional cumulative persisting

HB3595 Enrolled - 445 - LRB104 08153 BAB 18201 b
1		annual savings goals for the years 2031 through 2035. No later
2		than December 31, 2024, the Illinois Commerce Commission shall
3		establish additional cumulative persisting annual savings
4		goals for the years 2036 through 2040. The Commission shall
5		also establish additional cumulative persisting annual savings
6		goals every 5 years thereafter to ensure that utilities always
7		have goals that extend at least 11 years into the future. The
8		cumulative persisting annual savings goals beyond the year
9		2030 shall increase by 0.9 percentage points per year, absent
10		a Commission decision to initiate a proceeding to consider
11		establishing goals that increase by more or less than that
12		amount. Such a proceeding must be conducted in accordance with
13		the procedures described in subsection (f) of this Section. If
14		such a proceeding is initiated, the cumulative persisting
15		annual savings goals established by the Commission through
16		that proceeding shall reflect the Commission's best estimate
17		of the maximum amount of additional savings that are forecast
18		to be cost-effectively achievable unless such best estimates
19		would result in goals that represent less than 0.5 percentage
20		point annual increases in total cumulative persisting annual
21		savings. The Commission may only establish goals that
22		represent less than 0.5 percentage point annual increases in
23		cumulative persisting annual savings if it can demonstrate,
24		based on clear and convincing evidence and through independent
25		analysis, that 0.5 percentage point increases are not
26		cost-effectively achievable. The Commission shall inform its

HB3595 Enrolled - 446 - LRB104 08153 BAB 18201 b
1		decision based on an energy efficiency potential study that
2		conforms to the requirements of this Section.
3		(b-10) For purposes of this Section, electric utilities
4		subject to this Section that serve less than 3,000,000 retail
5		customers but more than 500,000 retail customers in the State
6		shall be deemed to have achieved a cumulative persisting
7		annual savings of 6.6% from energy efficiency measures and
8		programs implemented during the period beginning January 1,
9		2012 and ending December 31, 2017, which is based on the deemed
10		average weather normalized sales of electric power and energy
11		during calendar years 2014, 2015, and 2016 of 36,900,000 MWhs.
12		For the purposes of this subsection (b-10) and subsection
13		(b-15), the 36,900,000 MWhs of deemed electric power and
14		energy sales shall be reduced by the number of MWhs equal to
15		the sum of the annual consumption of customers that have opted
16		out of subsections (a) through (j) of this Section under
17		paragraph (1) of subsection (l) of this Section, as averaged
18		across the calendar years 2014, 2015, and 2016. After 2017,
19		the deemed value of cumulative persisting annual savings from
20		energy efficiency measures and programs implemented during the
21		period beginning January 1, 2012 and ending December 31, 2017,
22		shall be reduced each year, as follows, and the applicable
23		value shall be applied to and count toward the utility's
24		achievement of the cumulative persisting annual savings goals
25		set forth in subsection (b-15):
26		(1) 5.8% deemed cumulative persisting annual savings

HB3595 Enrolled - 447 - LRB104 08153 BAB 18201 b
1		for the year ending December 31, 2018;
2		(2) 5.2% deemed cumulative persisting annual savings
3		for the year ending December 31, 2019;
4		(3) 4.5% deemed cumulative persisting annual savings
5		for the year ending December 31, 2020;
6		(4) 4.0% deemed cumulative persisting annual savings
7		for the year ending December 31, 2021;
8		(5) 3.5% deemed cumulative persisting annual savings
9		for the year ending December 31, 2022;
10		(6) 3.1% deemed cumulative persisting annual savings
11		for the year ending December 31, 2023;
12		(7) 2.8% deemed cumulative persisting annual savings
13		for the year ending December 31, 2024;
14		(8) 2.5% deemed cumulative persisting annual savings
15		for the year ending December 31, 2025;
16		(9) 2.3% deemed cumulative persisting annual savings
17		for the year ending December 31, 2026;
18		(10) 2.1% deemed cumulative persisting annual savings
19		for the year ending December 31, 2027;
20		(11) 1.8% deemed cumulative persisting annual savings
21		for the year ending December 31, 2028;
22		(12) 1.7% deemed cumulative persisting annual savings
23		for the year ending December 31, 2029;
24		(13) 1.5% deemed cumulative persisting annual savings
25		for the year ending December 31, 2030;
26		(14) 1.3% deemed cumulative persisting annual savings

HB3595 Enrolled - 448 - LRB104 08153 BAB 18201 b
1		for the year ending December 31, 2031;
2		(15) 1.1% deemed cumulative persisting annual savings
3		for the year ending December 31, 2032;
4		(16) 0.9% deemed cumulative persisting annual savings
5		for the year ending December 31, 2033;
6		(17) 0.7% deemed cumulative persisting annual savings
7		for the year ending December 31, 2034;
8		(18) 0.5% deemed cumulative persisting annual savings
9		for the year ending December 31, 2035;
10		(19) 0.4% deemed cumulative persisting annual savings
11		for the year ending December 31, 2036;
12		(20) 0.3% deemed cumulative persisting annual savings
13		for the year ending December 31, 2037;
14		(21) 0.2% deemed cumulative persisting annual savings
15		for the year ending December 31, 2038;
16		(22) 0.1% deemed cumulative persisting annual savings
17		for the year ending December 31, 2039; and
18		(23) 0.0% deemed cumulative persisting annual savings
19		for the year ending December 31, 2040 and all subsequent
20		years.
21		(b-15) Beginning in 2018, electric utilities subject to
22		this Section that serve less than 3,000,000 retail customers
23		but more than 500,000 retail customers in the State shall
24		achieve the following cumulative persisting annual savings
25		goals, as modified by subsection (b-20) and subsection (f) of
26		this Section and as compared to the deemed baseline as reduced

HB3595 Enrolled - 449 - LRB104 08153 BAB 18201 b
1		by the number of MWhs equal to the sum of the annual
2		consumption of customers that have opted out of subsections
3		(a) through (j) of this Section under paragraph (1) of
4		subsection (l) of this Section as averaged across the calendar
5		years 2014, 2015, and 2016, through the implementation of
6		energy efficiency measures during the applicable year and in
7		prior years, but no earlier than January 1, 2012:
8		(1) 7.4% cumulative persisting annual savings for the
9		year ending December 31, 2018;
10		(2) 8.2% cumulative persisting annual savings for the
11		year ending December 31, 2019;
12		(3) 9.0% cumulative persisting annual savings for the
13		year ending December 31, 2020;
14		(4) 9.8% cumulative persisting annual savings for the
15		year ending December 31, 2021;
16		(5) 10.6% cumulative persisting annual savings for the
17		year ending December 31, 2022;
18		(6) 11.4% cumulative persisting annual savings for the
19		year ending December 31, 2023;
20		(7) 12.2% cumulative persisting annual savings for the
21		year ending December 31, 2024;
22		(8) 13% cumulative persisting annual savings for the
23		year ending December 31, 2025;
24		(9) 13.6% cumulative persisting annual savings for the
25		year ending December 31, 2026;
26		(10) 14.2% cumulative persisting annual savings for

HB3595 Enrolled - 450 - LRB104 08153 BAB 18201 b
1		the year ending December 31, 2027;
2		(11) 14.8% cumulative persisting annual savings for
3		the year ending December 31, 2028;
4		(12) 15.4% cumulative persisting annual savings for
5		the year ending December 31, 2029; and
6		(13) 16% cumulative persisting annual savings for the
7		year ending December 31, 2030.
8		No later than December 31, 2021, the Illinois Commerce
9		Commission shall establish additional cumulative persisting
10		annual savings goals for the years 2031 through 2035. No later
11		than December 31, 2024, the Illinois Commerce Commission shall
12		establish additional cumulative persisting annual savings
13		goals for the years 2036 through 2040. The Commission shall
14		also establish additional cumulative persisting annual savings
15		goals every 5 years thereafter to ensure that utilities always
16		have goals that extend at least 11 years into the future. The
17		cumulative persisting annual savings goals beyond the year
18		2030 shall increase by 0.6 percentage points per year, absent
19		a Commission decision to initiate a proceeding to consider
20		establishing goals that increase by more or less than that
21		amount. Such a proceeding must be conducted in accordance with
22		the procedures described in subsection (f) of this Section. If
23		such a proceeding is initiated, the cumulative persisting
24		annual savings goals established by the Commission through
25		that proceeding shall reflect the Commission's best estimate
26		of the maximum amount of additional savings that are forecast

HB3595 Enrolled - 451 - LRB104 08153 BAB 18201 b
1		to be cost-effectively achievable unless such best estimates
2		would result in goals that represent less than 0.4 percentage
3		point annual increases in total cumulative persisting annual
4		savings. The Commission may only establish goals that
5		represent less than 0.4 percentage point annual increases in
6		cumulative persisting annual savings if it can demonstrate,
7		based on clear and convincing evidence and through independent
8		analysis, that 0.4 percentage point increases are not
9		cost-effectively achievable. The Commission shall inform its
10		decision based on an energy efficiency potential study that
11		conforms to the requirements of this Section.
12		(b-20) Each electric utility subject to this Section may
13		include cost-effective voltage optimization measures in its
14		plans submitted under subsections (f) and (g) of this Section,
15		and the costs incurred by a utility to implement the measures
16		under a Commission-approved plan shall be recovered under the
17		provisions of Article IX or Section 16-108.5 of this Act. For
18		purposes of this Section, the measure life of voltage
19		optimization measures shall be 15 years. The measure life
20		period is independent of the depreciation rate of the voltage
21		optimization assets deployed. Utilities may claim savings from
22		voltage optimization on circuits for more than 15 years if
23		they can demonstrate that they have made additional
24		investments necessary to enable voltage optimization savings
25		to continue beyond 15 years. Such demonstrations must be
26		subject to the review of independent evaluation.

HB3595 Enrolled - 452 - LRB104 08153 BAB 18201 b
1		Within 270 days after June 1, 2017 (the effective date of
2		Public Act 99-906), an electric utility that serves less than
3		3,000,000 retail customers but more than 500,000 retail
4		customers in the State shall file a plan with the Commission
5		that identifies the cost-effective voltage optimization
6		investment the electric utility plans to undertake through
7		December 31, 2024. The Commission, after notice and hearing,
8		shall approve or approve with modification the plan within 120
9		days after the plan's filing and, in the order approving or
10		approving with modification the plan, the Commission shall
11		adjust the applicable cumulative persisting annual savings
12		goals set forth in subsection (b-15) to reflect any amount of
13		cost-effective energy savings approved by the Commission that
14		is greater than or less than the following cumulative
15		persisting annual savings values attributable to voltage
16		optimization for the applicable year:
17		(1) 0.0% of cumulative persisting annual savings for
18		the year ending December 31, 2018;
19		(2) 0.17% of cumulative persisting annual savings for
20		the year ending December 31, 2019;
21		(3) 0.17% of cumulative persisting annual savings for
22		the year ending December 31, 2020;
23		(4) 0.33% of cumulative persisting annual savings for
24		the year ending December 31, 2021;
25		(5) 0.5% of cumulative persisting annual savings for
26		the year ending December 31, 2022;

HB3595 Enrolled - 453 - LRB104 08153 BAB 18201 b
1		(6) 0.67% of cumulative persisting annual savings for
2		the year ending December 31, 2023;
3		(7) 0.83% of cumulative persisting annual savings for
4		the year ending December 31, 2024; and
5		(8) 1.0% of cumulative persisting annual savings for
6		the year ending December 31, 2025 and all subsequent
7		years.
8		(b-25) In the event an electric utility jointly offers an
9		energy efficiency measure or program with a gas utility under
10		plans approved under this Section and Section 8-104 of this
11		Act, the electric utility may continue offering the program,
12		including the gas energy efficiency measures, in the event the
13		gas utility discontinues funding the program. In that event,
14		the energy savings value associated with such other fuels
15		shall be converted to electric energy savings on an equivalent
16		Btu basis for the premises. However, the electric utility
17		shall prioritize programs for low-income residential customers
18		to the extent practicable. An electric utility may recover the
19		costs of offering the gas energy efficiency measures under
20		this subsection (b-25).
21		For those energy efficiency measures or programs that save
22		both electricity and other fuels but are not jointly offered
23		with a gas utility under plans approved under this Section and
24		Section 8-104 or not offered with an affiliated gas utility
25		under paragraph (6) of subsection (f) of Section 8-104 of this
26		Act, the electric utility may count savings of fuels other

HB3595 Enrolled - 454 - LRB104 08153 BAB 18201 b
1		than electricity toward the achievement of its annual savings
2		goal, and the energy savings value associated with such other
3		fuels shall be converted to electric energy savings on an
4		equivalent Btu basis at the premises.
5		In no event shall more than 10% of each year's applicable
6		annual total savings requirement as defined in paragraph (7.5)
7		of subsection (g) of this Section be met through savings of
8		fuels other than electricity.
9		(b-27) Beginning in 2022, an electric utility may offer
10		and promote measures that electrify space heating, water
11		heating, cooling, drying, cooking, industrial processes, and
12		other building and industrial end uses that would otherwise be
13		served by combustion of fossil fuel at the premises, provided
14		that the electrification measures reduce total energy
15		consumption at the premises. The electric utility may count
16		the reduction in energy consumption at the premises toward
17		achievement of its annual savings goals. The reduction in
18		energy consumption at the premises shall be calculated as the
19		difference between: (A) the reduction in Btu consumption of
20		fossil fuels as a result of electrification, converted to
21		kilowatt-hour equivalents by dividing by 3,412 Btus per
22		kilowatt hour; and (B) the increase in kilowatt hours of
23		electricity consumption resulting from the displacement of
24		fossil fuel consumption as a result of electrification. An
25		electric utility may recover the costs of offering and
26		promoting electrification measures under this subsection

HB3595 Enrolled - 455 - LRB104 08153 BAB 18201 b
1		(b-27).
2		In no event shall electrification savings counted toward
3		each year's applicable annual total savings requirement, as
4		defined in paragraph (7.5) of subsection (g) of this Section,
5		be greater than:
6		(1) 5% per year for each year from 2022 through 2025;
7		(2) 10% per year for each year from 2026 through 2029;
8		and
9		(3) 15% per year for 2030 and all subsequent years.
10		In addition, a minimum of 25% of all electrification savings
11		counted toward a utility's applicable annual total savings
12		requirement must be from electrification of end uses in
13		low-income housing. The limitations on electrification savings
14		that may be counted toward a utility's annual savings goals
15		are separate from and in addition to the subsection (b-25)
16		limitations governing the counting of the other fuel savings
17		resulting from efficiency measures and programs.
18		As part of the annual informational filing to the
19		Commission that is required under paragraph (9) of subsection
20		(g) of this Section, each utility shall identify the specific
21		electrification measures offered under this subsection (b-27);
22		the quantity of each electrification measure that was
23		installed by its customers; the average total cost, average
24		utility cost, average reduction in fossil fuel consumption,
25		and average increase in electricity consumption associated
26		with each electrification measure; the portion of

HB3595 Enrolled - 456 - LRB104 08153 BAB 18201 b
1		installations of each electrification measure that were in
2		low-income single-family housing, low-income multifamily
3		housing, non-low-income single-family housing, non-low-income
4		multifamily housing, commercial buildings, and industrial
5		facilities; and the quantity of savings associated with each
6		measure category in each customer category that are being
7		counted toward the utility's applicable annual total savings
8		requirement. Prior to installing an electrification measure,
9		the utility shall provide a customer with an estimate of the
10		impact of the new measure on the customer's average monthly
11		electric bill and total annual energy expenses.
12		(c) Electric utilities shall be responsible for overseeing
13		the design, development, and filing of energy efficiency plans
14		with the Commission and may, as part of that implementation,
15		outsource various aspects of program development and
16		implementation. A minimum of 10%, for electric utilities that
17		serve more than 3,000,000 retail customers in the State, and a
18		minimum of 7%, for electric utilities that serve less than
19		3,000,000 retail customers but more than 500,000 retail
20		customers in the State, of the utility's entire portfolio
21		funding level for a given year shall be used to procure
22		cost-effective energy efficiency measures from units of local
23		government, municipal corporations, school districts, public
24		housing, public institutions of higher education, and
25		community college districts, provided that a minimum
26		percentage of available funds shall be used to procure energy

HB3595 Enrolled - 457 - LRB104 08153 BAB 18201 b
1		efficiency from public housing, which percentage shall be
2		equal to public housing's share of public building energy
3		consumption.
4		The utilities shall also implement energy efficiency
5		measures targeted at low-income households, which, for
6		purposes of this Section, shall be defined as households at or
7		below 80% of area median income, and expenditures to implement
8		the measures shall be no less than $40,000,000 per year for
9		electric utilities that serve more than 3,000,000 retail
10		customers in the State and no less than $13,000,000 per year
11		for electric utilities that serve less than 3,000,000 retail
12		customers but more than 500,000 retail customers in the State.
13		The ratio of spending on efficiency programs targeted at
14		low-income multifamily buildings to spending on efficiency
15		programs targeted at low-income single-family buildings shall
16		be designed to achieve levels of savings from each building
17		type that are approximately proportional to the magnitude of
18		cost-effective lifetime savings potential in each building
19		type. Investment in low-income whole-building weatherization
20		programs shall constitute a minimum of 80% of a utility's
21		total budget specifically dedicated to serving low-income
22		customers.
23		The utilities shall work to bundle low-income energy
24		efficiency offerings with other programs that serve low-income
25		households to maximize the benefits going to these households.
26		The utilities shall market and implement low-income energy

HB3595 Enrolled - 458 - LRB104 08153 BAB 18201 b
1		efficiency programs in coordination with low-income assistance
2		programs, the Illinois Solar for All Program, and
3		weatherization whenever practicable. The program implementer
4		shall walk the customer through the enrollment process for any
5		programs for which the customer is eligible. The utilities
6		shall also pilot targeting customers with high arrearages,
7		high energy intensity (ratio of energy usage divided by home
8		or unit square footage), or energy assistance programs with
9		energy efficiency offerings, and then track reduction in
10		arrearages as a result of the targeting. This targeting and
11		bundling of low-income energy programs shall be offered to
12		both low-income single-family and multifamily customers
13		(owners and residents).
14		The utilities shall invest in health and safety measures
15		appropriate and necessary for comprehensively weatherizing a
16		home or multifamily building, and shall implement a health and
17		safety fund of at least 15% of the total income-qualified
18		weatherization budget that shall be used for the purpose of
19		making grants for technical assistance, construction,
20		reconstruction, improvement, or repair of buildings to
21		facilitate their participation in the energy efficiency
22		programs targeted at low-income single-family and multifamily
23		households. These funds may also be used for the purpose of
24		making grants for technical assistance, construction,
25		reconstruction, improvement, or repair of the following
26		buildings to facilitate their participation in the energy

HB3595 Enrolled - 459 - LRB104 08153 BAB 18201 b
1		efficiency programs created by this Section: (1) buildings
2		that are owned or operated by registered 501(c)(3) public
3		charities; and (2) day care centers, day care homes, or group
4		day care homes, as defined under 89 Ill. Adm. Code Part 406,
5		407, or 408, respectively.
6		Each electric utility shall assess opportunities to
7		implement cost-effective energy efficiency measures and
8		programs through a public housing authority or authorities
9		located in its service territory. If such opportunities are
10		identified, the utility shall propose such measures and
11		programs to address the opportunities. Expenditures to address
12		such opportunities shall be credited toward the minimum
13		procurement and expenditure requirements set forth in this
14		subsection (c).
15		Implementation of energy efficiency measures and programs
16		targeted at low-income households should be contracted, when
17		it is practicable, to independent third parties that have
18		demonstrated capabilities to serve such households, with a
19		preference for not-for-profit entities and government agencies
20		that have existing relationships with or experience serving
21		low-income communities in the State.
22		Each electric utility shall develop and implement
23		reporting procedures that address and assist in determining
24		the amount of energy savings that can be applied to the
25		low-income procurement and expenditure requirements set forth
26		in this subsection (c). Each electric utility shall also track

HB3595 Enrolled - 460 - LRB104 08153 BAB 18201 b
1		the types and quantities or volumes of insulation and air
2		sealing materials, and their associated energy saving
3		benefits, installed in energy efficiency programs targeted at
4		low-income single-family and multifamily households.
5		The electric utilities shall participate in a low-income
6		energy efficiency accountability committee ("the committee"),
7		which will directly inform the design, implementation, and
8		evaluation of the low-income and public-housing energy
9		efficiency programs. The committee shall be comprised of the
10		electric utilities subject to the requirements of this
11		Section, the gas utilities subject to the requirements of
12		Section 8-104 of this Act, the utilities' low-income energy
13		efficiency implementation contractors, nonprofit
14		organizations, community action agencies, advocacy groups,
15		State and local governmental agencies, public-housing
16		organizations, and representatives of community-based
17		organizations, especially those living in or working with
18		environmental justice communities and BIPOC communities. The
19		committee shall be composed of 2 geographically differentiated
20		subcommittees: one for stakeholders in northern Illinois and
21		one for stakeholders in central and southern Illinois. The
22		subcommittees shall meet together at least twice per year.
23		There shall be one statewide leadership committee led by
24		and composed of community-based organizations that are
25		representative of BIPOC and environmental justice communities
26		and that includes equitable representation from BIPOC

HB3595 Enrolled - 461 - LRB104 08153 BAB 18201 b
1		communities. The leadership committee shall be composed of an
2		equal number of representatives from the 2 subcommittees. The
3		subcommittees shall address specific programs and issues, with
4		the leadership committee convening targeted workgroups as
5		needed. The leadership committee may elect to work with an
6		independent facilitator to solicit and organize feedback,
7		recommendations and meeting participation from a wide variety
8		of community-based stakeholders. If a facilitator is used,
9		they shall be fair and responsive to the needs of all
10		stakeholders involved in the committee.
11		All committee meetings must be accessible, with rotating
12		locations if meetings are held in-person, virtual
13		participation options, and materials and agendas circulated in
14		advance.
15		There shall also be opportunities for direct input by
16		committee members outside of committee meetings, such as via
17		individual meetings, surveys, emails and calls, to ensure
18		robust participation by stakeholders with limited capacity and
19		ability to attend committee meetings. Committee meetings shall
20		emphasize opportunities to bundle and coordinate delivery of
21		low-income energy efficiency with other programs that serve
22		low-income communities, such as the Illinois Solar for All
23		Program and bill payment assistance programs. Meetings shall
24		include educational opportunities for stakeholders to learn
25		more about these additional offerings, and the committee shall
26		assist in figuring out the best methods for coordinated

HB3595 Enrolled - 462 - LRB104 08153 BAB 18201 b
1		delivery and implementation of offerings when serving
2		low-income communities. The committee shall directly and
3		equitably influence and inform utility low-income and
4		public-housing energy efficiency programs and priorities.
5		Participating utilities shall implement recommendations from
6		the committee whenever possible.
7		Participating utilities shall track and report how input
8		from the committee has led to new approaches and changes in
9		their energy efficiency portfolios. This reporting shall occur
10		at committee meetings and in quarterly energy efficiency
11		reports to the Stakeholder Advisory Group and Illinois
12		Commerce Commission, and other relevant reporting mechanisms.
13		Participating utilities shall also report on relevant equity
14		data and metrics requested by the committee, such as energy
15		burden data, geographic, racial, and other relevant
16		demographic data on where programs are being delivered and
17		what populations programs are serving.
18		The Illinois Commerce Commission shall oversee and have
19		relevant staff participate in the committee. The committee
20		shall have a budget of 0.25% of each utility's entire
21		efficiency portfolio funding for a given year. The budget
22		shall be overseen by the Commission. The budget shall be used
23		to provide grants for community-based organizations serving on
24		the leadership committee, stipends for community-based
25		organizations participating in the committee, grants for
26		community-based organizations to do energy efficiency outreach

HB3595 Enrolled - 463 - LRB104 08153 BAB 18201 b
1		and education, and relevant meeting needs as determined by the
2		leadership committee. The education and outreach shall
3		include, but is not limited to, basic energy efficiency
4		education, information about low-income energy efficiency
5		programs, and information on the committee's purpose,
6		structure, and activities.
7		(d) Notwithstanding any other provision of law to the
8		contrary, a utility providing approved energy efficiency
9		measures and, if applicable, demand-response measures in the
10		State shall be permitted to recover all reasonable and
11		prudently incurred costs of those measures from all retail
12		customers, except as provided in subsection (l) of this
13		Section, as follows, provided that nothing in this subsection
14		(d) permits the double recovery of such costs from customers:
15		(1) The utility may recover its costs through an
16		automatic adjustment clause tariff filed with and approved
17		by the Commission. The tariff shall be established outside
18		the context of a general rate case. Each year the
19		Commission shall initiate a review to reconcile any
20		amounts collected with the actual costs and to determine
21		the required adjustment to the annual tariff factor to
22		match annual expenditures. To enable the financing of the
23		incremental capital expenditures, including regulatory
24		assets, for electric utilities that serve less than
25		3,000,000 retail customers but more than 500,000 retail
26		customers in the State, the utility's actual year-end

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1		capital structure that includes a common equity ratio,
2		excluding goodwill, of up to and including 50% of the
3		total capital structure shall be deemed reasonable and
4		used to set rates.
5		(2) A utility may recover its costs through an energy
6		efficiency formula rate approved by the Commission under a
7		filing under subsections (f) and (g) of this Section,
8		which shall specify the cost components that form the
9		basis of the rate charged to customers with sufficient
10		specificity to operate in a standardized manner and be
11		updated annually with transparent information that
12		reflects the utility's actual costs to be recovered during
13		the applicable rate year, which is the period beginning
14		with the first billing day of January and extending
15		through the last billing day of the following December.
16		The energy efficiency formula rate shall be implemented
17		through a tariff filed with the Commission under
18		subsections (f) and (g) of this Section that is consistent
19		with the provisions of this paragraph (2) and that shall
20		be applicable to all delivery services customers. The
21		Commission shall conduct an investigation of the tariff in
22		a manner consistent with the provisions of this paragraph
23		(2), subsections (f) and (g) of this Section, and the
24		provisions of Article IX of this Act to the extent they do
25		not conflict with this paragraph (2). The energy
26		efficiency formula rate approved by the Commission shall

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1		remain in effect at the discretion of the utility and
2		shall do the following:
3		(A) Provide for the recovery of the utility's
4		actual costs incurred under this Section that are
5		prudently incurred and reasonable in amount consistent
6		with Commission practice and law. The sole fact that a
7		cost differs from that incurred in a prior calendar
8		year or that an investment is different from that made
9		in a prior calendar year shall not imply the
10		imprudence or unreasonableness of that cost or
11		investment.
12		(B) Reflect the utility's actual year-end capital
13		structure for the applicable calendar year, excluding
14		goodwill, subject to a determination of prudence and
15		reasonableness consistent with Commission practice and
16		law. To enable the financing of the incremental
17		capital expenditures, including regulatory assets, for
18		electric utilities that serve less than 3,000,000
19		retail customers but more than 500,000 retail
20		customers in the State, a participating electric
21		utility's actual year-end capital structure that
22		includes a common equity ratio, excluding goodwill, of
23		up to and including 50% of the total capital structure
24		shall be deemed reasonable and used to set rates.
25		(C) Include a cost of equity, which shall be
26		calculated as the sum of the following:

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1		(i) the average for the applicable calendar
2		year of the monthly average yields of 30-year U.S.
3		Treasury bonds published by the Board of Governors
4		of the Federal Reserve System in its weekly H.15
5		Statistical Release or successor publication; and
6		(ii) 580 basis points.
7		At such time as the Board of Governors of the
8		Federal Reserve System ceases to include the monthly
9		average yields of 30-year U.S. Treasury bonds in its
10		weekly H.15 Statistical Release or successor
11		publication, the monthly average yields of the U.S.
12		Treasury bonds then having the longest duration
13		published by the Board of Governors in its weekly H.15
14		Statistical Release or successor publication shall
15		instead be used for purposes of this paragraph (2).
16		(D) Permit and set forth protocols, subject to a
17		determination of prudence and reasonableness
18		consistent with Commission practice and law, for the
19		following:
20		(i) recovery of incentive compensation expense
21		that is based on the achievement of operational
22		metrics, including metrics related to budget
23		controls, outage duration and frequency, safety,
24		customer service, efficiency and productivity, and
25		environmental compliance; however, this protocol
26		shall not apply if such expense related to costs

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1		incurred under this Section is recovered under
2		Article IX or Section 16-108.5 of this Act;
3		incentive compensation expense that is based on
4		net income or an affiliate's earnings per share
5		shall not be recoverable under the energy
6		efficiency formula rate;
7		(ii) recovery of pension and other
8		post-employment benefits expense, provided that
9		such costs are supported by an actuarial study;
10		however, this protocol shall not apply if such
11		expense related to costs incurred under this
12		Section is recovered under Article IX or Section
13		16-108.5 of this Act;
14		(iii) recovery of existing regulatory assets
15		over the periods previously authorized by the
16		Commission;
17		(iv) as described in subsection (e),
18		amortization of costs incurred under this Section;
19		and
20		(v) projected, weather normalized billing
21		determinants for the applicable rate year.
22		(E) Provide for an annual reconciliation, as
23		described in paragraph (3) of this subsection (d),
24		less any deferred taxes related to the reconciliation,
25		with interest at an annual rate of return equal to the
26		utility's weighted average cost of capital, including

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1		a revenue conversion factor calculated to recover or
2		refund all additional income taxes that may be payable
3		or receivable as a result of that return, of the energy
4		efficiency revenue requirement reflected in rates for
5		each calendar year, beginning with the calendar year
6		in which the utility files its energy efficiency
7		formula rate tariff under this paragraph (2), with
8		what the revenue requirement would have been had the
9		actual cost information for the applicable calendar
10		year been available at the filing date.
11		The utility shall file, together with its tariff, the
12		projected costs to be incurred by the utility during the
13		rate year under the utility's multi-year plan approved
14		under subsections (f) and (g) of this Section, including,
15		but not limited to, the projected capital investment costs
16		and projected regulatory asset balances with
17		correspondingly updated depreciation and amortization
18		reserves and expense, that shall populate the energy
19		efficiency formula rate and set the initial rates under
20		the formula.
21		The Commission shall review the proposed tariff in
22		conjunction with its review of a proposed multi-year plan,
23		as specified in paragraph (5) of subsection (g) of this
24		Section. The review shall be based on the same evidentiary
25		standards, including, but not limited to, those concerning
26		the prudence and reasonableness of the costs incurred by

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1		the utility, the Commission applies in a hearing to review
2		a filing for a general increase in rates under Article IX
3		of this Act. The initial rates shall take effect beginning
4		with the January monthly billing period following the
5		Commission's approval.
6		The tariff's rate design and cost allocation across
7		customer classes shall be consistent with the utility's
8		automatic adjustment clause tariff in effect on June 1,
9		2017 (the effective date of Public Act 99-906); however,
10		the Commission may revise the tariff's rate design and
11		cost allocation in subsequent proceedings under paragraph
12		(3) of this subsection (d).
13		If the energy efficiency formula rate is terminated,
14		the then current rates shall remain in effect until such
15		time as the energy efficiency costs are incorporated into
16		new rates that are set under this subsection (d) or
17		Article IX of this Act, subject to retroactive rate
18		adjustment, with interest, to reconcile rates charged with
19		actual costs.
20		(3) The provisions of this paragraph (3) shall only
21		apply to an electric utility that has elected to file an
22		energy efficiency formula rate under paragraph (2) of this
23		subsection (d). Subsequent to the Commission's issuance of
24		an order approving the utility's energy efficiency formula
25		rate structure and protocols, and initial rates under
26		paragraph (2) of this subsection (d), the utility shall

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1		file, on or before June 1 of each year, with the Chief
2		Clerk of the Commission its updated cost inputs to the
3		energy efficiency formula rate for the applicable rate
4		year and the corresponding new charges, as well as the
5		information described in paragraph (9) of subsection (g)
6		of this Section. Each such filing shall conform to the
7		following requirements and include the following
8		information:
9		(A) The inputs to the energy efficiency formula
10		rate for the applicable rate year shall be based on the
11		projected costs to be incurred by the utility during
12		the rate year under the utility's multi-year plan
13		approved under subsections (f) and (g) of this
14		Section, including, but not limited to, projected
15		capital investment costs and projected regulatory
16		asset balances with correspondingly updated
17		depreciation and amortization reserves and expense.
18		The filing shall also include a reconciliation of the
19		energy efficiency revenue requirement that was in
20		effect for the prior rate year (as set by the cost
21		inputs for the prior rate year) with the actual
22		revenue requirement for the prior rate year
23		(determined using a year-end rate base) that uses
24		amounts reflected in the applicable FERC Form 1 that
25		reports the actual costs for the prior rate year. Any
26		over-collection or under-collection indicated by such

HB3595 Enrolled - 471 - LRB104 08153 BAB 18201 b
1		reconciliation shall be reflected as a credit against,
2		or recovered as an additional charge to, respectively,
3		with interest calculated at a rate equal to the
4		utility's weighted average cost of capital approved by
5		the Commission for the prior rate year, the charges
6		for the applicable rate year. Such over-collection or
7		under-collection shall be adjusted to remove any
8		deferred taxes related to the reconciliation, for
9		purposes of calculating interest at an annual rate of
10		return equal to the utility's weighted average cost of
11		capital approved by the Commission for the prior rate
12		year, including a revenue conversion factor calculated
13		to recover or refund all additional income taxes that
14		may be payable or receivable as a result of that
15		return. Each reconciliation shall be certified by the
16		participating utility in the same manner that FERC
17		Form 1 is certified. The filing shall also include the
18		charge or credit, if any, resulting from the
19		calculation required by subparagraph (E) of paragraph
20		(2) of this subsection (d).
21		Notwithstanding any other provision of law to the
22		contrary, the intent of the reconciliation is to
23		ultimately reconcile both the revenue requirement
24		reflected in rates for each calendar year, beginning
25		with the calendar year in which the utility files its
26		energy efficiency formula rate tariff under paragraph

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1		(2) of this subsection (d), with what the revenue
2		requirement determined using a year-end rate base for
3		the applicable calendar year would have been had the
4		actual cost information for the applicable calendar
5		year been available at the filing date.
6		For purposes of this Section, "FERC Form 1" means
7		the Annual Report of Major Electric Utilities,
8		Licensees and Others that electric utilities are
9		required to file with the Federal Energy Regulatory
10		Commission under the Federal Power Act, Sections 3,
11		4(a), 304 and 209, modified as necessary to be
12		consistent with 83 Ill. Adm. Code Part 415 as of May 1,
13		2011. Nothing in this Section is intended to allow
14		costs that are not otherwise recoverable to be
15		recoverable by virtue of inclusion in FERC Form 1.
16		(B) The new charges shall take effect beginning on
17		the first billing day of the following January billing
18		period and remain in effect through the last billing
19		day of the next December billing period regardless of
20		whether the Commission enters upon a hearing under
21		this paragraph (3).
22		(C) The filing shall include relevant and
23		necessary data and documentation for the applicable
24		rate year. Normalization adjustments shall not be
25		required.
26		Within 45 days after the utility files its annual

HB3595 Enrolled - 473 - LRB104 08153 BAB 18201 b
1		update of cost inputs to the energy efficiency formula
2		rate, the Commission shall with reasonable notice,
3		initiate a proceeding concerning whether the projected
4		costs to be incurred by the utility and recovered during
5		the applicable rate year, and that are reflected in the
6		inputs to the energy efficiency formula rate, are
7		consistent with the utility's approved multi-year plan
8		under subsections (f) and (g) of this Section and whether
9		the costs incurred by the utility during the prior rate
10		year were prudent and reasonable. The Commission shall
11		also have the authority to investigate the information and
12		data described in paragraph (9) of subsection (g) of this
13		Section, including the proposed adjustment to the
14		utility's return on equity component of its weighted
15		average cost of capital. During the course of the
16		proceeding, each objection shall be stated with
17		particularity and evidence provided in support thereof,
18		after which the utility shall have the opportunity to
19		rebut the evidence. Discovery shall be allowed consistent
20		with the Commission's Rules of Practice, which Rules of
21		Practice shall be enforced by the Commission or the
22		assigned administrative law judge. The Commission shall
23		apply the same evidentiary standards, including, but not
24		limited to, those concerning the prudence and
25		reasonableness of the costs incurred by the utility,
26		during the proceeding as it would apply in a proceeding to

HB3595 Enrolled - 474 - LRB104 08153 BAB 18201 b
1		review a filing for a general increase in rates under
2		Article IX of this Act. The Commission shall not, however,
3		have the authority in a proceeding under this paragraph
4		(3) to consider or order any changes to the structure or
5		protocols of the energy efficiency formula rate approved
6		under paragraph (2) of this subsection (d). In a
7		proceeding under this paragraph (3), the Commission shall
8		enter its order no later than the earlier of 195 days after
9		the utility's filing of its annual update of cost inputs
10		to the energy efficiency formula rate or December 15. The
11		utility's proposed return on equity calculation, as
12		described in paragraphs (7) through (9) of subsection (g)
13		of this Section, shall be deemed the final, approved
14		calculation on December 15 of the year in which it is filed
15		unless the Commission enters an order on or before
16		December 15, after notice and hearing, that modifies such
17		calculation consistent with this Section. The Commission's
18		determinations of the prudence and reasonableness of the
19		costs incurred, and determination of such return on equity
20		calculation, for the applicable calendar year shall be
21		final upon entry of the Commission's order and shall not
22		be subject to reopening, reexamination, or collateral
23		attack in any other Commission proceeding, case, docket,
24		order, rule, or regulation; however, nothing in this
25		paragraph (3) shall prohibit a party from petitioning the
26		Commission to rehear or appeal to the courts the order

HB3595 Enrolled - 475 - LRB104 08153 BAB 18201 b
1		under the provisions of this Act.
2		(e) Beginning on June 1, 2017 (the effective date of
3		Public Act 99-906), a utility subject to the requirements of
4		this Section may elect to defer, as a regulatory asset, up to
5		the full amount of its expenditures incurred under this
6		Section for each annual period, including, but not limited to,
7		any expenditures incurred above the funding level set by
8		subsection (f) of this Section for a given year. The total
9		expenditures deferred as a regulatory asset in a given year
10		shall be amortized and recovered over a period that is equal to
11		the weighted average of the energy efficiency measure lives
12		implemented for that year that are reflected in the regulatory
13		asset. The unamortized balance shall be recognized as of
14		December 31 for a given year. The utility shall also earn a
15		return on the total of the unamortized balances of all of the
16		energy efficiency regulatory assets, less any deferred taxes
17		related to those unamortized balances, at an annual rate equal
18		to the utility's weighted average cost of capital that
19		includes, based on a year-end capital structure, the utility's
20		actual cost of debt for the applicable calendar year and a cost
21		of equity, which shall be calculated as the sum of the (i) the
22		average for the applicable calendar year of the monthly
23		average yields of 30-year U.S. Treasury bonds published by the
24		Board of Governors of the Federal Reserve System in its weekly
25		H.15 Statistical Release or successor publication; and (ii)
26		580 basis points, including a revenue conversion factor

HB3595 Enrolled - 476 - LRB104 08153 BAB 18201 b
1		calculated to recover or refund all additional income taxes
2		that may be payable or receivable as a result of that return.
3		Capital investment costs shall be depreciated and recovered
4		over their useful lives consistent with generally accepted
5		accounting principles. The weighted average cost of capital
6		shall be applied to the capital investment cost balance, less
7		any accumulated depreciation and accumulated deferred income
8		taxes, as of December 31 for a given year.
9		When an electric utility creates a regulatory asset under
10		the provisions of this Section, the costs are recovered over a
11		period during which customers also receive a benefit which is
12		in the public interest. Accordingly, it is the intent of the
13		General Assembly that an electric utility that elects to
14		create a regulatory asset under the provisions of this Section
15		shall recover all of the associated costs as set forth in this
16		Section. After the Commission has approved the prudence and
17		reasonableness of the costs that comprise the regulatory
18		asset, the electric utility shall be permitted to recover all
19		such costs, and the value and recoverability through rates of
20		the associated regulatory asset shall not be limited, altered,
21		impaired, or reduced.
22		(f) Beginning in 2017, each electric utility shall file an
23		energy efficiency plan with the Commission to meet the energy
24		efficiency standards for the next applicable multi-year period
25		beginning January 1 of the year following the filing,
26		according to the schedule set forth in paragraphs (1) through

HB3595 Enrolled - 477 - LRB104 08153 BAB 18201 b
1		(3) of this subsection (f). If a utility does not file such a
2		plan on or before the applicable filing deadline for the plan,
3		it shall face a penalty of $100,000 per day until the plan is
4		filed.
5		(1) No later than 30 days after June 1, 2017 (the
6		effective date of Public Act 99-906), each electric
7		utility shall file a 4-year energy efficiency plan
8		commencing on January 1, 2018 that is designed to achieve
9		the cumulative persisting annual savings goals specified
10		in paragraphs (1) through (4) of subsection (b-5) of this
11		Section or in paragraphs (1) through (4) of subsection
12		(b-15) of this Section, as applicable, through
13		implementation of energy efficiency measures; however, the
14		goals may be reduced if the utility's expenditures are
15		limited pursuant to subsection (m) of this Section or, for
16		a utility that serves less than 3,000,000 retail
17		customers, if each of the following conditions are met:
18		(A) the plan's analysis and forecasts of the utility's
19		ability to acquire energy savings demonstrate that
20		achievement of such goals is not cost effective; and (B)
21		the amount of energy savings achieved by the utility as
22		determined by the independent evaluator for the most
23		recent year for which savings have been evaluated
24		preceding the plan filing was less than the average annual
25		amount of savings required to achieve the goals for the
26		applicable 4-year plan period. Except as provided in

HB3595 Enrolled - 478 - LRB104 08153 BAB 18201 b
1		subsection (m) of this Section, annual increases in
2		cumulative persisting annual savings goals during the
3		applicable 4-year plan period shall not be reduced to
4		amounts that are less than the maximum amount of
5		cumulative persisting annual savings that is forecast to
6		be cost-effectively achievable during the 4-year plan
7		period. The Commission shall review any proposed goal
8		reduction as part of its review and approval of the
9		utility's proposed plan.
10		(2) No later than March 1, 2021, each electric utility
11		shall file a 4-year energy efficiency plan commencing on
12		January 1, 2022 that is designed to achieve the cumulative
13		persisting annual savings goals specified in paragraphs
14		(5) through (8) of subsection (b-5) of this Section or in
15		paragraphs (5) through (8) of subsection (b-15) of this
16		Section, as applicable, through implementation of energy
17		efficiency measures; however, the goals may be reduced if
18		either (1) clear and convincing evidence demonstrates,
19		through independent analysis, that the expenditure limits
20		in subsection (m) of this Section preclude full
21		achievement of the goals or (2) each of the following
22		conditions are met: (A) the plan's analysis and forecasts
23		of the utility's ability to acquire energy savings
24		demonstrate by clear and convincing evidence and through
25		independent analysis that achievement of such goals is not
26		cost effective; and (B) the amount of energy savings

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1		achieved by the utility as determined by the independent
2		evaluator for the most recent year for which savings have
3		been evaluated preceding the plan filing was less than the
4		average annual amount of savings required to achieve the
5		goals for the applicable 4-year plan period. If there is
6		not clear and convincing evidence that achieving the
7		savings goals specified in paragraph (b-5) or (b-15) of
8		this Section is possible both cost-effectively and within
9		the expenditure limits in subsection (m), such savings
10		goals shall not be reduced. Except as provided in
11		subsection (m) of this Section, annual increases in
12		cumulative persisting annual savings goals during the
13		applicable 4-year plan period shall not be reduced to
14		amounts that are less than the maximum amount of
15		cumulative persisting annual savings that is forecast to
16		be cost-effectively achievable during the 4-year plan
17		period. The Commission shall review any proposed goal
18		reduction as part of its review and approval of the
19		utility's proposed plan.
20		(3) No later than March 1, 2025, each electric utility
21		shall file a 4-year energy efficiency plan commencing on
22		January 1, 2026 that is designed to achieve the cumulative
23		persisting annual savings goals specified in paragraphs
24		(9) through (12) of subsection (b-5) of this Section or in
25		paragraphs (9) through (12) of subsection (b-15) of this
26		Section, as applicable, through implementation of energy

HB3595 Enrolled - 480 - LRB104 08153 BAB 18201 b
1		efficiency measures; however, the goals may be reduced if
2		either (1) clear and convincing evidence demonstrates,
3		through independent analysis, that the expenditure limits
4		in subsection (m) of this Section preclude full
5		achievement of the goals or (2) each of the following
6		conditions are met: (A) the plan's analysis and forecasts
7		of the utility's ability to acquire energy savings
8		demonstrate by clear and convincing evidence and through
9		independent analysis that achievement of such goals is not
10		cost effective; and (B) the amount of energy savings
11		achieved by the utility as determined by the independent
12		evaluator for the most recent year for which savings have
13		been evaluated preceding the plan filing was less than the
14		average annual amount of savings required to achieve the
15		goals for the applicable 4-year plan period. If there is
16		not clear and convincing evidence that achieving the
17		savings goals specified in paragraphs (b-5) or (b-15) of
18		this Section is possible both cost-effectively and within
19		the expenditure limits in subsection (m), such savings
20		goals shall not be reduced. Except as provided in
21		subsection (m) of this Section, annual increases in
22		cumulative persisting annual savings goals during the
23		applicable 4-year plan period shall not be reduced to
24		amounts that are less than the maximum amount of
25		cumulative persisting annual savings that is forecast to
26		be cost-effectively achievable during the 4-year plan

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1		period. The Commission shall review any proposed goal
2		reduction as part of its review and approval of the
3		utility's proposed plan.
4		(4) No later than March 1, 2029, and every 4 years
5		thereafter, each electric utility shall file a 4-year
6		energy efficiency plan commencing on January 1, 2030, and
7		every 4 years thereafter, respectively, that is designed
8		to achieve the cumulative persisting annual savings goals
9		established by the Illinois Commerce Commission pursuant
10		to direction of subsections (b-5) and (b-15) of this
11		Section, as applicable, through implementation of energy
12		efficiency measures; however, the goals may be reduced if
13		either (1) clear and convincing evidence and independent
14		analysis demonstrates that the expenditure limits in
15		subsection (m) of this Section preclude full achievement
16		of the goals or (2) each of the following conditions are
17		met: (A) the plan's analysis and forecasts of the
18		utility's ability to acquire energy savings demonstrate by
19		clear and convincing evidence and through independent
20		analysis that achievement of such goals is not
21		cost-effective; and (B) the amount of energy savings
22		achieved by the utility as determined by the independent
23		evaluator for the most recent year for which savings have
24		been evaluated preceding the plan filing was less than the
25		average annual amount of savings required to achieve the
26		goals for the applicable 4-year plan period. If there is

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1		not clear and convincing evidence that achieving the
2		savings goals specified in paragraphs (b-5) or (b-15) of
3		this Section is possible both cost-effectively and within
4		the expenditure limits in subsection (m), such savings
5		goals shall not be reduced. Except as provided in
6		subsection (m) of this Section, annual increases in
7		cumulative persisting annual savings goals during the
8		applicable 4-year plan period shall not be reduced to
9		amounts that are less than the maximum amount of
10		cumulative persisting annual savings that is forecast to
11		be cost-effectively achievable during the 4-year plan
12		period. The Commission shall review any proposed goal
13		reduction as part of its review and approval of the
14		utility's proposed plan.
15		Each utility's plan shall set forth the utility's
16		proposals to meet the energy efficiency standards identified
17		in subsection (b-5) or (b-15), as applicable and as such
18		standards may have been modified under this subsection (f),
19		taking into account the unique circumstances of the utility's
20		service territory. For those plans commencing on January 1,
21		2018, the Commission shall seek public comment on the
22		utility's plan and shall issue an order approving or
23		disapproving each plan no later than 105 days after June 1,
24		2017 (the effective date of Public Act 99-906). For those
25		plans commencing after December 31, 2021, the Commission shall
26		seek public comment on the utility's plan and shall issue an

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1		order approving or disapproving each plan within 6 months
2		after its submission. If the Commission disapproves a plan,
3		the Commission shall, within 30 days, describe in detail the
4		reasons for the disapproval and describe a path by which the
5		utility may file a revised draft of the plan to address the
6		Commission's concerns satisfactorily. If the utility does not
7		refile with the Commission within 60 days, the utility shall
8		be subject to penalties at a rate of $100,000 per day until the
9		plan is filed. This process shall continue, and penalties
10		shall accrue, until the utility has successfully filed a
11		portfolio of energy efficiency and demand-response measures.
12		Penalties shall be deposited into the Energy Efficiency Trust
13		Fund.
14		(g) In submitting proposed plans and funding levels under
15		subsection (f) of this Section to meet the savings goals
16		identified in subsection (b-5) or (b-15) of this Section, as
17		applicable, the utility shall:
18		(1) Demonstrate that its proposed energy efficiency
19		measures will achieve the applicable requirements that are
20		identified in subsection (b-5) or (b-15) of this Section,
21		as modified by subsection (f) of this Section.
22		(2) (Blank).
23		(2.5) Demonstrate consideration of program options for
24		(A) advancing new building codes, appliance standards, and
25		municipal regulations governing existing and new building
26		efficiency improvements and (B) supporting efforts to

HB3595 Enrolled - 484 - LRB104 08153 BAB 18201 b
1		improve compliance with new building codes, appliance
2		standards and municipal regulations, as potentially
3		cost-effective means of acquiring energy savings to count
4		toward savings goals.
5		(3) Demonstrate that its overall portfolio of
6		measures, not including low-income programs described in
7		subsection (c) of this Section, is cost-effective using
8		the total resource cost test or complies with paragraphs
9		(1) through (3) of subsection (f) of this Section and
10		represents a diverse cross-section of opportunities for
11		customers of all rate classes, other than those customers
12		described in subsection (l) of this Section, to
13		participate in the programs. Individual measures need not
14		be cost effective.
15		(3.5) Demonstrate that the utility's plan integrates
16		the delivery of energy efficiency programs with natural
17		gas efficiency programs, programs promoting distributed
18		solar, programs promoting demand response and other
19		efforts to address bill payment issues, including, but not
20		limited to, LIHEAP and the Percentage of Income Payment
21		Plan, to the extent such integration is practical and has
22		the potential to enhance customer engagement, minimize
23		market confusion, or reduce administrative costs.
24		(4) Present a third-party energy efficiency
25		implementation program subject to the following
26		requirements:

HB3595 Enrolled - 485 - LRB104 08153 BAB 18201 b
1		(A) beginning with the year commencing January 1,
2		2019, electric utilities that serve more than
3		3,000,000 retail customers in the State shall fund
4		third-party energy efficiency programs in an amount
5		that is no less than $25,000,000 per year, and
6		electric utilities that serve less than 3,000,000
7		retail customers but more than 500,000 retail
8		customers in the State shall fund third-party energy
9		efficiency programs in an amount that is no less than
10		$8,350,000 per year;
11		(B) during 2018, the utility shall conduct a
12		solicitation process for purposes of requesting
13		proposals from third-party vendors for those
14		third-party energy efficiency programs to be offered
15		during one or more of the years commencing January 1,
16		2019, January 1, 2020, and January 1, 2021; for those
17		multi-year plans commencing on January 1, 2022 and
18		January 1, 2026, the utility shall conduct a
19		solicitation process during 2021 and 2025,
20		respectively, for purposes of requesting proposals
21		from third-party vendors for those third-party energy
22		efficiency programs to be offered during one or more
23		years of the respective multi-year plan period; for
24		each solicitation process, the utility shall identify
25		the sector, technology, or geographical area for which
26		it is seeking requests for proposals; the solicitation

HB3595 Enrolled - 486 - LRB104 08153 BAB 18201 b
1		process must be either for programs that fill gaps in
2		the utility's program portfolio and for programs that
3		target low-income customers, business sectors,
4		building types, geographies, or other specific parts
5		of its customer base with initiatives that would be
6		more effective at reaching these customer segments
7		than the utilities' programs filed in its energy
8		efficiency plans;
9		(C) the utility shall propose the bidder
10		qualifications, performance measurement process, and
11		contract structure, which must include a performance
12		payment mechanism and general terms and conditions;
13		the proposed qualifications, process, and structure
14		shall be subject to Commission approval; and
15		(D) the utility shall retain an independent third
16		party to score the proposals received through the
17		solicitation process described in this paragraph (4),
18		rank them according to their cost per lifetime
19		kilowatt-hours saved, and assemble the portfolio of
20		third-party programs.
21		The electric utility shall recover all costs
22		associated with Commission-approved, third-party
23		administered programs regardless of the success of those
24		programs.
25		(4.5) Implement cost-effective demand-response
26		measures to reduce peak demand by 0.1% over the prior year

HB3595 Enrolled - 487 - LRB104 08153 BAB 18201 b
1		for eligible retail customers, as defined in Section
2		16-111.5 of this Act, and for customers that elect hourly
3		service from the utility pursuant to Section 16-107 of
4		this Act, provided those customers have not been declared
5		competitive. This requirement continues until December 31,
6		2026.
7		(5) Include a proposed or revised cost-recovery tariff
8		mechanism, as provided for under subsection (d) of this
9		Section, to fund the proposed energy efficiency and
10		demand-response measures and to ensure the recovery of the
11		prudently and reasonably incurred costs of
12		Commission-approved programs.
13		(6) Provide for an annual independent evaluation of
14		the performance of the cost-effectiveness of the utility's
15		portfolio of measures, as well as a full review of the
16		multi-year plan results of the broader net program impacts
17		and, to the extent practical, for adjustment of the
18		measures on a going-forward basis as a result of the
19		evaluations. The resources dedicated to evaluation shall
20		not exceed 3% of portfolio resources in any given year.
21		(7) For electric utilities that serve more than
22		3,000,000 retail customers in the State:
23		(A) Through December 31, 2025, provide for an
24		adjustment to the return on equity component of the
25		utility's weighted average cost of capital calculated
26		under subsection (d) of this Section:

HB3595 Enrolled - 488 - LRB104 08153 BAB 18201 b
1		(i) If the independent evaluator determines
2		that the utility achieved a cumulative persisting
3		annual savings that is less than the applicable
4		annual incremental goal, then the return on equity
5		component shall be reduced by a maximum of 200
6		basis points in the event that the utility
7		achieved no more than 75% of such goal. If the
8		utility achieved more than 75% of the applicable
9		annual incremental goal but less than 100% of such
10		goal, then the return on equity component shall be
11		reduced by 8 basis points for each percent by
12		which the utility failed to achieve the goal.
13		(ii) If the independent evaluator determines
14		that the utility achieved a cumulative persisting
15		annual savings that is more than the applicable
16		annual incremental goal, then the return on equity
17		component shall be increased by a maximum of 200
18		basis points in the event that the utility
19		achieved at least 125% of such goal. If the
20		utility achieved more than 100% of the applicable
21		annual incremental goal but less than 125% of such
22		goal, then the return on equity component shall be
23		increased by 8 basis points for each percent by
24		which the utility achieved above the goal. If the
25		applicable annual incremental goal was reduced
26		under paragraph (1) or (2) of subsection (f) of

HB3595 Enrolled - 489 - LRB104 08153 BAB 18201 b
1		this Section, then the following adjustments shall
2		be made to the calculations described in this item
3		(ii):
4		(aa) the calculation for determining
5		achievement that is at least 125% of the
6		applicable annual incremental goal shall use
7		the unreduced applicable annual incremental
8		goal to set the value; and
9		(bb) the calculation for determining
10		achievement that is less than 125% but more
11		than 100% of the applicable annual incremental
12		goal shall use the reduced applicable annual
13		incremental goal to set the value for 100%
14		achievement of the goal and shall use the
15		unreduced goal to set the value for 125%
16		achievement. The 8 basis point value shall
17		also be modified, as necessary, so that the
18		200 basis points are evenly apportioned among
19		each percentage point value between 100% and
20		125% achievement.
21		(B) For the period January 1, 2026 through
22		December 31, 2029 and in all subsequent 4-year
23		periods, provide for an adjustment to the return on
24		equity component of the utility's weighted average
25		cost of capital calculated under subsection (d) of
26		this Section:

HB3595 Enrolled - 490 - LRB104 08153 BAB 18201 b
1		(i) If the independent evaluator determines
2		that the utility achieved a cumulative persisting
3		annual savings that is less than the applicable
4		annual incremental goal, then the return on equity
5		component shall be reduced by a maximum of 200
6		basis points in the event that the utility
7		achieved no more than 66% of such goal. If the
8		utility achieved more than 66% of the applicable
9		annual incremental goal but less than 100% of such
10		goal, then the return on equity component shall be
11		reduced by 6 basis points for each percent by
12		which the utility failed to achieve the goal.
13		(ii) If the independent evaluator determines
14		that the utility achieved a cumulative persisting
15		annual savings that is more than the applicable
16		annual incremental goal, then the return on equity
17		component shall be increased by a maximum of 200
18		basis points in the event that the utility
19		achieved at least 134% of such goal. If the
20		utility achieved more than 100% of the applicable
21		annual incremental goal but less than 134% of such
22		goal, then the return on equity component shall be
23		increased by 6 basis points for each percent by
24		which the utility achieved above the goal. If the
25		applicable annual incremental goal was reduced
26		under paragraph (3) of subsection (f) of this

HB3595 Enrolled - 491 - LRB104 08153 BAB 18201 b
1		Section, then the following adjustments shall be
2		made to the calculations described in this item
3		(ii):
4		(aa) the calculation for determining
5		achievement that is at least 134% of the
6		applicable annual incremental goal shall use
7		the unreduced applicable annual incremental
8		goal to set the value; and
9		(bb) the calculation for determining
10		achievement that is less than 134% but more
11		than 100% of the applicable annual incremental
12		goal shall use the reduced applicable annual
13		incremental goal to set the value for 100%
14		achievement of the goal and shall use the
15		unreduced goal to set the value for 134%
16		achievement. The 6 basis point value shall
17		also be modified, as necessary, so that the
18		200 basis points are evenly apportioned among
19		each percentage point value between 100% and
20		134% achievement.
21		(C) Notwithstanding the provisions of
22		subparagraphs (A) and (B) of this paragraph (7), if
23		the applicable annual incremental goal for an electric
24		utility is ever less than 0.6% of deemed average
25		weather normalized sales of electric power and energy
26		during calendar years 2014, 2015, and 2016, an

HB3595 Enrolled - 492 - LRB104 08153 BAB 18201 b
1		adjustment to the return on equity component of the
2		utility's weighted average cost of capital calculated
3		under subsection (d) of this Section shall be made as
4		follows:
5		(i) If the independent evaluator determines
6		that the utility achieved a cumulative persisting
7		annual savings that is less than would have been
8		achieved had the applicable annual incremental
9		goal been achieved, then the return on equity
10		component shall be reduced by a maximum of 200
11		basis points if the utility achieved no more than
12		75% of its applicable annual total savings
13		requirement as defined in paragraph (7.5) of this
14		subsection. If the utility achieved more than 75%
15		of the applicable annual total savings requirement
16		but less than 100% of such goal, then the return on
17		equity component shall be reduced by 8 basis
18		points for each percent by which the utility
19		failed to achieve the goal.
20		(ii) If the independent evaluator determines
21		that the utility achieved a cumulative persisting
22		annual savings that is more than would have been
23		achieved had the applicable annual incremental
24		goal been achieved, then the return on equity
25		component shall be increased by a maximum of 200
26		basis points if the utility achieved at least 125%

HB3595 Enrolled - 493 - LRB104 08153 BAB 18201 b
1		of its applicable annual total savings
2		requirement. If the utility achieved more than
3		100% of the applicable annual total savings
4		requirement but less than 125% of such goal, then
5		the return on equity component shall be increased
6		by 8 basis points for each percent by which the
7		utility achieved above the applicable annual total
8		savings requirement. If the applicable annual
9		incremental goal was reduced under paragraph (1)
10		or (2) of subsection (f) of this Section, then the
11		following adjustments shall be made to the
12		calculations described in this item (ii):
13		(aa) the calculation for determining
14		achievement that is at least 125% of the
15		applicable annual total savings requirement
16		shall use the unreduced applicable annual
17		incremental goal to set the value; and
18		(bb) the calculation for determining
19		achievement that is less than 125% but more
20		than 100% of the applicable annual total
21		savings requirement shall use the reduced
22		applicable annual incremental goal to set the
23		value for 100% achievement of the goal and
24		shall use the unreduced goal to set the value
25		for 125% achievement. The 8 basis point value
26		shall also be modified, as necessary, so that

HB3595 Enrolled - 494 - LRB104 08153 BAB 18201 b
1		the 200 basis points are evenly apportioned
2		among each percentage point value between 100%
3		and 125% achievement.
4		(7.5) For purposes of this Section, the term
5		"applicable annual incremental goal" means the difference
6		between the cumulative persisting annual savings goal for
7		the calendar year that is the subject of the independent
8		evaluator's determination and the cumulative persisting
9		annual savings goal for the immediately preceding calendar
10		year, as such goals are defined in subsections (b-5) and
11		(b-15) of this Section and as these goals may have been
12		modified as provided for under subsection (b-20) and
13		paragraphs (1) through (3) of subsection (f) of this
14		Section. Under subsections (b), (b-5), (b-10), and (b-15)
15		of this Section, a utility must first replace energy
16		savings from measures that have expired before any
17		progress towards achievement of its applicable annual
18		incremental goal may be counted. Savings may expire
19		because measures installed in previous years have reached
20		the end of their lives, because measures installed in
21		previous years are producing lower savings in the current
22		year than in the previous year, or for other reasons
23		identified by independent evaluators. Notwithstanding
24		anything else set forth in this Section, the difference
25		between the actual annual incremental savings achieved in
26		any given year, including the replacement of energy

HB3595 Enrolled - 495 - LRB104 08153 BAB 18201 b
1		savings that have expired, and the applicable annual
2		incremental goal shall not affect adjustments to the
3		return on equity for subsequent calendar years under this
4		subsection (g).
5		In this Section, "applicable annual total savings
6		requirement" means the total amount of new annual savings
7		that the utility must achieve in any given year to achieve
8		the applicable annual incremental goal. This is equal to
9		the applicable annual incremental goal plus the total new
10		annual savings that are required to replace savings that
11		expired in or at the end of the previous year.
12		(8) For electric utilities that serve less than
13		3,000,000 retail customers but more than 500,000 retail
14		customers in the State:
15		(A) Through December 31, 2025, the applicable
16		annual incremental goal shall be compared to the
17		annual incremental savings as determined by the
18		independent evaluator.
19		(i) The return on equity component shall be
20		reduced by 8 basis points for each percent by
21		which the utility did not achieve 84.4% of the
22		applicable annual incremental goal.
23		(ii) The return on equity component shall be
24		increased by 8 basis points for each percent by
25		which the utility exceeded 100% of the applicable
26		annual incremental goal.

HB3595 Enrolled - 496 - LRB104 08153 BAB 18201 b
1		(iii) The return on equity component shall not
2		be increased or decreased if the annual
3		incremental savings as determined by the
4		independent evaluator is greater than 84.4% of the
5		applicable annual incremental goal and less than
6		100% of the applicable annual incremental goal.
7		(iv) The return on equity component shall not
8		be increased or decreased by an amount greater
9		than 200 basis points pursuant to this
10		subparagraph (A).
11		(B) For the period of January 1, 2026 through
12		December 31, 2029 and in all subsequent 4-year
13		periods, the applicable annual incremental goal shall
14		be compared to the annual incremental savings as
15		determined by the independent evaluator.
16		(i) The return on equity component shall be
17		reduced by 6 basis points for each percent by
18		which the utility did not achieve 100% of the
19		applicable annual incremental goal.
20		(ii) The return on equity component shall be
21		increased by 6 basis points for each percent by
22		which the utility exceeded 100% of the applicable
23		annual incremental goal.
24		(iii) The return on equity component shall not
25		be increased or decreased by an amount greater
26		than 200 basis points pursuant to this

HB3595 Enrolled - 497 - LRB104 08153 BAB 18201 b
1		subparagraph (B).
2		(C) Notwithstanding provisions in subparagraphs
3		(A) and (B) of paragraph (7) of this subsection, if the
4		applicable annual incremental goal for an electric
5		utility is ever less than 0.6% of deemed average
6		weather normalized sales of electric power and energy
7		during calendar years 2014, 2015 and 2016, an
8		adjustment to the return on equity component of the
9		utility's weighted average cost of capital calculated
10		under subsection (d) of this Section shall be made as
11		follows:
12		(i) The return on equity component shall be
13		reduced by 8 basis points for each percent by
14		which the utility did not achieve 100% of the
15		applicable annual total savings requirement.
16		(ii) The return on equity component shall be
17		increased by 8 basis points for each percent by
18		which the utility exceeded 100% of the applicable
19		annual total savings requirement.
20		(iii) The return on equity component shall not
21		be increased or decreased by an amount greater
22		than 200 basis points pursuant to this
23		subparagraph (C).
24		(D) If the applicable annual incremental goal was
25		reduced under paragraph (1), (2), (3), or (4) of
26		subsection (f) of this Section, then the following

HB3595 Enrolled - 498 - LRB104 08153 BAB 18201 b
1		adjustments shall be made to the calculations
2		described in subparagraphs (A), (B), and (C) of this
3		paragraph (8):
4		(i) The calculation for determining
5		achievement that is at least 125% or 134%, as
6		applicable, of the applicable annual incremental
7		goal or the applicable annual total savings
8		requirement, as applicable, shall use the
9		unreduced applicable annual incremental goal to
10		set the value.
11		(ii) For the period through December 31, 2025,
12		the calculation for determining achievement that
13		is less than 125% but more than 100% of the
14		applicable annual incremental goal or the
15		applicable annual total savings requirement, as
16		applicable, shall use the reduced applicable
17		annual incremental goal to set the value for 100%
18		achievement of the goal and shall use the
19		unreduced goal to set the value for 125%
20		achievement. The 8 basis point value shall also be
21		modified, as necessary, so that the 200 basis
22		points are evenly apportioned among each
23		percentage point value between 100% and 125%
24		achievement.
25		(iii) For the period of January 1, 2026
26		through December 31, 2029 and all subsequent

HB3595 Enrolled - 499 - LRB104 08153 BAB 18201 b
1		4-year periods, the calculation for determining
2		achievement that is less than 125% or 134%, as
3		applicable, but more than 100% of the applicable
4		annual incremental goal or the applicable annual
5		total savings requirement, as applicable, shall
6		use the reduced applicable annual incremental goal
7		to set the value for 100% achievement of the goal
8		and shall use the unreduced goal to set the value
9		for 125% achievement. The 6 basis-point value or 8
10		basis-point value, as applicable, shall also be
11		modified, as necessary, so that the 200 basis
12		points are evenly apportioned among each
13		percentage point value between 100% and 125% or
14		between 100% and 134% achievement, as applicable.
15		(9) The utility shall submit the energy savings data
16		to the independent evaluator no later than 30 days after
17		the close of the plan year. The independent evaluator
18		shall determine the cumulative persisting annual savings
19		for a given plan year, as well as an estimate of job
20		impacts and other macroeconomic impacts of the efficiency
21		programs for that year, no later than 120 days after the
22		close of the plan year. The utility shall submit an
23		informational filing to the Commission no later than 160
24		days after the close of the plan year that attaches the
25		independent evaluator's final report identifying the
26		cumulative persisting annual savings for the year and

HB3595 Enrolled - 500 - LRB104 08153 BAB 18201 b
1		calculates, under paragraph (7) or (8) of this subsection
2		(g), as applicable, any resulting change to the utility's
3		return on equity component of the weighted average cost of
4		capital applicable to the next plan year beginning with
5		the January monthly billing period and extending through
6		the December monthly billing period. However, if the
7		utility recovers the costs incurred under this Section
8		under paragraphs (2) and (3) of subsection (d) of this
9		Section, then the utility shall not be required to submit
10		such informational filing, and shall instead submit the
11		information that would otherwise be included in the
12		informational filing as part of its filing under paragraph
13		(3) of such subsection (d) that is due on or before June 1
14		of each year.
15		For those utilities that must submit the informational
16		filing, the Commission may, on its own motion or by
17		petition, initiate an investigation of such filing,
18		provided, however, that the utility's proposed return on
19		equity calculation shall be deemed the final, approved
20		calculation on December 15 of the year in which it is filed
21		unless the Commission enters an order on or before
22		December 15, after notice and hearing, that modifies such
23		calculation consistent with this Section.
24		The adjustments to the return on equity component
25		described in paragraphs (7) and (8) of this subsection (g)
26		shall be applied as described in such paragraphs through a

HB3595 Enrolled - 501 - LRB104 08153 BAB 18201 b
1		separate tariff mechanism, which shall be filed by the
2		utility under subsections (f) and (g) of this Section.
3		(9.5) The utility must demonstrate how it will ensure
4		that program implementation contractors and energy
5		efficiency installation vendors will promote workforce
6		equity and quality jobs.
7		(9.6) Utilities shall collect data necessary to ensure
8		compliance with paragraph (9.5) no less than quarterly and
9		shall communicate progress toward compliance with
10		paragraph (9.5) to program implementation contractors and
11		energy efficiency installation vendors no less than
12		quarterly. Utilities shall work with relevant vendors,
13		providing education, training, and other resources needed
14		to ensure compliance and, where necessary, adjusting or
15		terminating work with vendors that cannot assist with
16		compliance.
17		(10) Utilities required to implement efficiency
18		programs under subsections (b-5) and (b-10) shall report
19		annually to the Illinois Commerce Commission and the
20		General Assembly on how hiring, contracting, job training,
21		and other practices related to its energy efficiency
22		programs enhance the diversity of vendors working on such
23		programs. These reports must include data on vendor and
24		employee diversity, including data on the implementation
25		of paragraphs (9.5) and (9.6). If the utility is not
26		meeting the requirements of paragraphs (9.5) and (9.6),

HB3595 Enrolled - 502 - LRB104 08153 BAB 18201 b
1		the utility shall submit a plan to adjust their activities
2		so that they meet the requirements of paragraphs (9.5) and
3		(9.6) within the following year.
4		(h) No more than 4% of energy efficiency and
5		demand-response program revenue may be allocated for research,
6		development, or pilot deployment of new equipment or measures.
7		Electric utilities shall work with interested stakeholders to
8		formulate a plan for how these funds should be spent,
9		incorporate statewide approaches for these allocations, and
10		file a 4-year plan that demonstrates that collaboration. If a
11		utility files a request for modified annual energy savings
12		goals with the Commission, then a utility shall forgo spending
13		portfolio dollars on research and development proposals.
14		(i) When practicable, electric utilities shall incorporate
15		advanced metering infrastructure data into the planning,
16		implementation, and evaluation of energy efficiency measures
17		and programs, subject to the data privacy and confidentiality
18		protections of applicable law.
19		(j) The independent evaluator shall follow the guidelines
20		and use the savings set forth in Commission-approved energy
21		efficiency policy manuals and technical reference manuals, as
22		each may be updated from time to time. Until such time as
23		measure life values for energy efficiency measures implemented
24		for low-income households under subsection (c) of this Section
25		are incorporated into such Commission-approved manuals, the
26		low-income measures shall have the same measure life values

HB3595 Enrolled - 503 - LRB104 08153 BAB 18201 b
1		that are established for same measures implemented in
2		households that are not low-income households.
3		(k) Notwithstanding any provision of law to the contrary,
4		an electric utility subject to the requirements of this
5		Section may file a tariff cancelling an automatic adjustment
6		clause tariff in effect under this Section or Section 8-103,
7		which shall take effect no later than one business day after
8		the date such tariff is filed. Thereafter, the utility shall
9		be authorized to defer and recover its expenditures incurred
10		under this Section through a new tariff authorized under
11		subsection (d) of this Section or in the utility's next rate
12		case under Article IX or Section 16-108.5 of this Act, with
13		interest at an annual rate equal to the utility's weighted
14		average cost of capital as approved by the Commission in such
15		case. If the utility elects to file a new tariff under
16		subsection (d) of this Section, the utility may file the
17		tariff within 10 days after June 1, 2017 (the effective date of
18		Public Act 99-906), and the cost inputs to such tariff shall be
19		based on the projected costs to be incurred by the utility
20		during the calendar year in which the new tariff is filed and
21		that were not recovered under the tariff that was cancelled as
22		provided for in this subsection. Such costs shall include
23		those incurred or to be incurred by the utility under its
24		multi-year plan approved under subsections (f) and (g) of this
25		Section, including, but not limited to, projected capital
26		investment costs and projected regulatory asset balances with

HB3595 Enrolled - 504 - LRB104 08153 BAB 18201 b
1		correspondingly updated depreciation and amortization reserves
2		and expense. The Commission shall, after notice and hearing,
3		approve, or approve with modification, such tariff and cost
4		inputs no later than 75 days after the utility filed the
5		tariff, provided that such approval, or approval with
6		modification, shall be consistent with the provisions of this
7		Section to the extent they do not conflict with this
8		subsection (k). The tariff approved by the Commission shall
9		take effect no later than 5 days after the Commission enters
10		its order approving the tariff.
11		No later than 60 days after the effective date of the
12		tariff cancelling the utility's automatic adjustment clause
13		tariff, the utility shall file a reconciliation that
14		reconciles the moneys collected under its automatic adjustment
15		clause tariff with the costs incurred during the period
16		beginning June 1, 2016 and ending on the date that the electric
17		utility's automatic adjustment clause tariff was cancelled. In
18		the event the reconciliation reflects an under-collection, the
19		utility shall recover the costs as specified in this
20		subsection (k). If the reconciliation reflects an
21		over-collection, the utility shall apply the amount of such
22		over-collection as a one-time credit to retail customers'
23		bills.
24		(l) For the calendar years covered by a multi-year plan
25		commencing after December 31, 2017, subsections (a) through
26		(j) of this Section do not apply to eligible large private

HB3595 Enrolled - 505 - LRB104 08153 BAB 18201 b
1		energy customers that have chosen to opt out of multi-year
2		plans consistent with this subsection (1).
3		(1) For purposes of this subsection (l), "eligible
4		large private energy customer" means any retail customers,
5		except for federal, State, municipal, and other public
6		customers, of an electric utility that serves more than
7		3,000,000 retail customers, except for federal, State,
8		municipal and other public customers, in the State and
9		whose total highest 30 minute demand was more than 10,000
10		kilowatts, or any retail customers of an electric utility
11		that serves less than 3,000,000 retail customers but more
12		than 500,000 retail customers in the State and whose total
13		highest 15 minute demand was more than 10,000 kilowatts.
14		For purposes of this subsection (l), "retail customer" has
15		the meaning set forth in Section 16-102 of this Act.
16		However, for a business entity with multiple sites located
17		in the State, where at least one of those sites qualifies
18		as an eligible large private energy customer, then any of
19		that business entity's sites, properly identified on a
20		form for notice, shall be considered eligible large
21		private energy customers for the purposes of this
22		subsection (l). A determination of whether this subsection
23		is applicable to a customer shall be made for each
24		multi-year plan beginning after December 31, 2017. The
25		criteria for determining whether this subsection (l) is
26		applicable to a retail customer shall be based on the 12

HB3595 Enrolled - 506 - LRB104 08153 BAB 18201 b
1		consecutive billing periods prior to the start of the
2		first year of each such multi-year plan.
3		(2) Within 45 days after September 15, 2021 (the
4		effective date of Public Act 102-662), the Commission
5		shall prescribe the form for notice required for opting
6		out of energy efficiency programs. The notice must be
7		submitted to the retail electric utility 12 months before
8		the next energy efficiency planning cycle. However, within
9		120 days after the Commission's initial issuance of the
10		form for notice, eligible large private energy customers
11		may submit a form for notice to an electric utility. The
12		form for notice for opting out of energy efficiency
13		programs shall include all of the following:
14		(A) a statement indicating that the customer has
15		elected to opt out;
16		(B) the account numbers for the customer accounts
17		to which the opt out shall apply;
18		(C) the mailing address associated with the
19		customer accounts identified under subparagraph (B);
20		(D) an American Society of Heating, Refrigerating,
21		and Air-Conditioning Engineers (ASHRAE) level 2 or
22		higher audit report conducted by an independent
23		third-party expert identifying cost-effective energy
24		efficiency project opportunities that could be
25		invested in over the next 10 years. A retail customer
26		with specialized processes may utilize a self-audit

HB3595 Enrolled - 507 - LRB104 08153 BAB 18201 b
1		process in lieu of the ASHRAE audit;
2		(E) a description of the customer's plans to
3		reallocate the funds toward internal energy efficiency
4		efforts identified in the subparagraph (D) report,
5		including, but not limited to: (i) strategic energy
6		management or other programs, including descriptions
7		of targeted buildings, equipment and operations; (ii)
8		eligible energy efficiency measures; and (iii)
9		expected energy savings, itemized by technology. If
10		the subparagraph (D) audit report identifies that the
11		customer currently utilizes the best available energy
12		efficient technology, equipment, programs, and
13		operations, the customer may provide a statement that
14		more efficient technology, equipment, programs, and
15		operations are not reasonably available as a means of
16		satisfying this subparagraph (E); and
17		(F) the effective date of the opt out, which will
18		be the next January 1 following notice of the opt out.
19		(3) Upon receipt of a properly and timely noticed
20		request for opt out submitted by an eligible large private
21		energy customer, the retail electric utility shall grant
22		the request, file the request with the Commission and,
23		beginning January 1 of the following year, the opted out
24		customer shall no longer be assessed the costs of the plan
25		and shall be prohibited from participating in that 4-year
26		plan cycle to give the retail utility the certainty to

HB3595 Enrolled - 508 - LRB104 08153 BAB 18201 b
1		design program plan proposals.
2		(4) Upon a customer's election to opt out under
3		paragraphs (1) and (2) of this subsection (l) and
4		commencing on the effective date of said opt out, the
5		account properly identified in the customer's notice under
6		paragraph (2) shall not be subject to any cost recovery
7		and shall not be eligible to participate in, or directly
8		benefit from, compliance with energy efficiency cumulative
9		persisting savings requirements under subsections (a)
10		through (j).
11		(5) A utility's cumulative persisting annual savings
12		targets will exclude any opted out load.
13		(6) The request to opt out is only valid for the
14		requested plan cycle. An eligible large private energy
15		customer must also request to opt out for future energy
16		plan cycles, otherwise the customer will be included in
17		the future energy plan cycle.
18		(m) Notwithstanding the requirements of this Section, as
19		part of a proceeding to approve a multi-year plan under
20		subsections (f) and (g) of this Section if the multi-year plan
21		has been designed to maximize savings, but does not meet the
22		cost cap limitations of this Section, the Commission shall
23		reduce the amount of energy efficiency measures implemented
24		for any single year, and whose costs are recovered under
25		subsection (d) of this Section, by an amount necessary to
26		limit the estimated average net increase due to the cost of the

HB3595 Enrolled - 509 - LRB104 08153 BAB 18201 b
1		measures to no more than
2		(1) 3.5% for each of the 4 years beginning January 1,
3		2018,
4		(2) (blank),
5		(3) 4% for each of the 4 years beginning January 1,
6		2022,
7		(4) 4.25% for the 4 years beginning January 1, 2026,
8		and
9		(5) 4.25% plus an increase sufficient to account for
10		the rate of inflation between January 1, 2026 and January
11		1 of the first year of each subsequent 4-year plan cycle,
12		of the average amount paid per kilowatthour by residential
13		eligible retail customers during calendar year 2015. An
14		electric utility may plan to spend up to 10% more in any year
15		during an applicable multi-year plan period to
16		cost-effectively achieve additional savings so long as the
17		average over the applicable multi-year plan period does not
18		exceed the percentages defined in items (1) through (5). To
19		determine the total amount that may be spent by an electric
20		utility in any single year, the applicable percentage of the
21		average amount paid per kilowatthour shall be multiplied by
22		the total amount of energy delivered by such electric utility
23		in the calendar year 2015, adjusted to reflect the proportion
24		of the utility's load attributable to customers that have
25		opted out of subsections (a) through (j) of this Section under
26		subsection (l) of this Section. For purposes of this

HB3595 Enrolled - 510 - LRB104 08153 BAB 18201 b
1		subsection (m), the amount paid per kilowatthour includes,
2		without limitation, estimated amounts paid for supply,
3		transmission, distribution, surcharges, and add-on taxes. For
4		purposes of this Section, "eligible retail customers" shall
5		have the meaning set forth in Section 16-111.5 of this Act.
6		Once the Commission has approved a plan under subsections (f)
7		and (g) of this Section, no subsequent rate impact
8		determinations shall be made.
9		(n) A utility shall take advantage of the efficiencies
10		available through existing Illinois Home Weatherization
11		Assistance Program infrastructure and services, such as
12		enrollment, marketing, quality assurance and implementation,
13		which can reduce the need for similar services at a lower cost
14		than utility-only programs, subject to capacity constraints at
15		community action agencies, for both single-family and
16		multifamily weatherization services, to the extent Illinois
17		Home Weatherization Assistance Program community action
18		agencies provide multifamily services. A utility's plan shall
19		demonstrate that in formulating annual weatherization budgets,
20		it has sought input and coordination with community action
21		agencies regarding agencies' capacity to expand and maximize
22		Illinois Home Weatherization Assistance Program delivery using
23		the ratepayer dollars collected under this Section.
24		(Source: P.A. 102-662, eff. 9-15-21; 103-154, eff. 6-30-23;
25		103-613, eff. 7-1-24.)

HB3595 Enrolled - 511 - LRB104 08153 BAB 18201 b
1		(Text of Section after amendment by P.A. 104-458)
2		Sec. 8-103B. Energy efficiency and demand-response
3		measures.
4		(a) It is the policy of the State that electric utilities
5		are required to use cost-effective energy efficiency and
6		demand-response measures to reduce delivery load. Requiring
7		investment in cost-effective energy efficiency and
8		demand-response measures will reduce direct and indirect costs
9		to consumers by decreasing environmental impacts and by
10		avoiding or delaying the need for new generation,
11		transmission, and distribution infrastructure. It serves the
12		public interest to allow electric utilities to recover costs
13		for reasonably and prudently incurred expenditures for energy
14		efficiency and demand-response measures. As used in this
15		Section, "cost-effective" means that the measures satisfy the
16		total resource cost test. The low-income measures described in
17		subsection (c) of this Section shall not be required to meet
18		the total resource cost test. For purposes of this Section,
19		the terms "energy-efficiency", "demand-response", "electric
20		utility", and "total resource cost test" have the meanings set
21		forth in the Illinois Power Agency Act. "Black, indigenous,
22		and people of color" and "BIPOC" means people who are members
23		of the groups described in subparagraphs (a) through (e) of
24		paragraph (A) of subsection (1) of Section 2 of the Business
25		Enterprise for Minorities, Women, and Persons with
26		Disabilities Act.

HB3595 Enrolled - 512 - LRB104 08153 BAB 18201 b
1		(a-5) This Section applies to electric utilities serving
2		more than 500,000 retail customers in the State for those
3		multi-year plans commencing after December 31, 2017.
4		(b) For purposes of this Section, through calendar year
5		2026, electric utilities subject to this Section that serve
6		more than 3,000,000 retail customers in the State shall be
7		deemed to have achieved a cumulative persisting annual savings
8		of 6.6% from energy efficiency measures and programs
9		implemented during the period beginning January 1, 2012 and
10		ending December 31, 2017, which percent is based on the deemed
11		average weather normalized sales of electric power and energy
12		during calendar years 2014, 2015, and 2016 of 88,000,000 MWhs.
13		For the purposes of this subsection (b) and subsection (b-5),
14		the 88,000,000 MWhs of deemed electric power and energy sales
15		shall be reduced by the number of MWhs equal to the sum of the
16		annual consumption of customers that have opted out of
17		subsections (a) through (j) of this Section under paragraph
18		(1) of subsection (l) of this Section, as averaged across the
19		calendar years 2014, 2015, and 2016. After 2017, the deemed
20		value of cumulative persisting annual savings from energy
21		efficiency measures and programs implemented during the period
22		beginning January 1, 2012 and ending December 31, 2017, shall
23		be reduced each year, as follows, and the applicable value
24		shall be applied to and count toward the utility's achievement
25		of the cumulative persisting annual savings goals set forth in
26		subsection (b-5):

HB3595 Enrolled - 513 - LRB104 08153 BAB 18201 b
1		(1) 5.8% deemed cumulative persisting annual savings
2		for the year ending December 31, 2018;
3		(2) 5.2% deemed cumulative persisting annual savings
4		for the year ending December 31, 2019;
5		(3) 4.5% deemed cumulative persisting annual savings
6		for the year ending December 31, 2020;
7		(4) 4.0% deemed cumulative persisting annual savings
8		for the year ending December 31, 2021;
9		(5) 3.5% deemed cumulative persisting annual savings
10		for the year ending December 31, 2022;
11		(6) 3.1% deemed cumulative persisting annual savings
12		for the year ending December 31, 2023;
13		(7) 2.8% deemed cumulative persisting annual savings
14		for the year ending December 31, 2024;
15		(8) 2.5% deemed cumulative persisting annual savings
16		for the year ending December 31, 2025; and
17		(9) 2.3% deemed cumulative persisting annual savings
18		for the year ending December 31, 2026.
19		For purposes of this Section, "cumulative persisting
20		annual savings" means the total electric energy savings in a
21		given year from measures installed in that year or in previous
22		years, but no earlier than January 1, 2012, that are still
23		operational and providing savings in that year because the
24		measures have not yet reached the end of their useful lives.
25		(b-5) Beginning in 2018 and through calendar year 2026,
26		electric utilities subject to this Section that serve more

HB3595 Enrolled - 514 - LRB104 08153 BAB 18201 b
1		than 3,000,000 retail customers in the State shall achieve the
2		following cumulative persisting annual savings goals, as
3		modified by subsection (f) of this Section and as compared to
4		the deemed baseline of 88,000,000 MWhs of electric power and
5		energy sales set forth in subsection (b), as reduced by the
6		number of MWhs equal to the sum of the annual consumption of
7		customers that have opted out of subsections (a) through (j)
8		of this Section under paragraph (1) of subsection (l) of this
9		Section as averaged across the calendar years 2014, 2015, and
10		2016, through the implementation of energy efficiency measures
11		during the applicable year and in prior years, but no earlier
12		than January 1, 2012:
13		(1) 7.8% cumulative persisting annual savings for the
14		year ending December 31, 2018;
15		(2) 9.1% cumulative persisting annual savings for the
16		year ending December 31, 2019;
17		(3) 10.4% cumulative persisting annual savings for the
18		year ending December 31, 2020;
19		(4) 11.8% cumulative persisting annual savings for the
20		year ending December 31, 2021;
21		(5) 13.1% cumulative persisting annual savings for the
22		year ending December 31, 2022;
23		(6) 14.4% cumulative persisting annual savings for the
24		year ending December 31, 2023;
25		(7) 15.7% cumulative persisting annual savings for the
26		year ending December 31, 2024;

HB3595 Enrolled - 515 - LRB104 08153 BAB 18201 b
1		(8) 17% cumulative persisting annual savings for the
2		year ending December 31, 2025; and
3		(9) 17.9% cumulative persisting annual savings for the
4		year ending December 31, 2026.
5		(b-10) For purposes of this Section, through calendar year
6		2026, electric utilities subject to this Section that serve
7		less than 3,000,000 retail customers but more than 500,000
8		retail customers in the State shall be deemed to have achieved
9		a cumulative persisting annual savings of 6.6% from energy
10		efficiency measures and programs implemented during the period
11		beginning January 1, 2012 and ending December 31, 2017, which
12		is based on the deemed average weather normalized sales of
13		electric power and energy during calendar years 2014, 2015,
14		and 2016 of 36,900,000 MWhs. For the purposes of this
15		subsection (b-10) and subsection (b-15), the 36,900,000 MWhs
16		of deemed electric power and energy sales shall be reduced by
17		the number of MWhs equal to the sum of the annual consumption
18		of customers that have opted out of subsections (a) through
19		(j) of this Section under paragraph (1) of subsection (l) of
20		this Section, as averaged across the calendar years 2014,
21		2015, and 2016. After 2017, the deemed value of cumulative
22		persisting annual savings from energy efficiency measures and
23		programs implemented during the period beginning January 1,
24		2012 and ending December 31, 2017, shall be reduced each year,
25		as follows, and the applicable value shall be applied to and
26		count toward the utility's achievement of the cumulative

HB3595 Enrolled - 516 - LRB104 08153 BAB 18201 b
1		persisting annual savings goals set forth in subsection
2		(b-15):
3		(1) 5.8% deemed cumulative persisting annual savings
4		for the year ending December 31, 2018;
5		(2) 5.2% deemed cumulative persisting annual savings
6		for the year ending December 31, 2019;
7		(3) 4.5% deemed cumulative persisting annual savings
8		for the year ending December 31, 2020;
9		(4) 4.0% deemed cumulative persisting annual savings
10		for the year ending December 31, 2021;
11		(5) 3.5% deemed cumulative persisting annual savings
12		for the year ending December 31, 2022;
13		(6) 3.1% deemed cumulative persisting annual savings
14		for the year ending December 31, 2023;
15		(7) 2.8% deemed cumulative persisting annual savings
16		for the year ending December 31, 2024;
17		(8) 2.5% deemed cumulative persisting annual savings
18		for the year ending December 31, 2025; and
19		(9) 2.3% deemed cumulative persisting annual savings
20		for the year ending December 31, 2026.
21		(b-15) Beginning in 2018 and through calendar year 2026,
22		electric utilities subject to this Section that serve less
23		than 3,000,000 retail customers but more than 500,000 retail
24		customers in the State shall achieve the following cumulative
25		persisting annual savings goals, as modified by subsection
26		(b-20) and subsection (f) of this Section and as compared to

HB3595 Enrolled - 517 - LRB104 08153 BAB 18201 b
1		the deemed baseline as reduced by the number of MWhs equal to
2		the sum of the annual consumption of customers that have opted
3		out of subsections (a) through (j) of this Section under
4		paragraph (1) of subsection (l) of this Section as averaged
5		across the calendar years 2014, 2015, and 2016, through the
6		implementation of energy efficiency measures during the
7		applicable year and in prior years, but no earlier than
8		January 1, 2012:
9		(1) 7.4% cumulative persisting annual savings for the
10		year ending December 31, 2018;
11		(2) 8.2% cumulative persisting annual savings for the
12		year ending December 31, 2019;
13		(3) 9.0% cumulative persisting annual savings for the
14		year ending December 31, 2020;
15		(4) 9.8% cumulative persisting annual savings for the
16		year ending December 31, 2021;
17		(5) 10.6% cumulative persisting annual savings for the
18		year ending December 31, 2022;
19		(6) 11.4% cumulative persisting annual savings for the
20		year ending December 31, 2023;
21		(7) 12.2% cumulative persisting annual savings for the
22		year ending December 31, 2024;
23		(8) 13% cumulative persisting annual savings for the
24		year ending December 31, 2025; and
25		(9) 13.6% cumulative persisting annual savings for the
26		year ending December 31, 2026.

HB3595 Enrolled - 518 - LRB104 08153 BAB 18201 b
1		(b-16) In 2027 and each year thereafter, each electric
2		utility subject to this Section shall achieve the following
3		savings goals:
4		(1) A utility that serves more than 3,000,000 retail
5		customers in the State must achieve incremental annual
6		energy savings for customers in an amount that is equal to
7		2% of the utility's average annual electricity sales from
8		2021 through 2023 to customers. A utility that serves less
9		than 3,000,000 retail customers but more than 500,000
10		retail customers in the State must achieve incremental
11		annual energy savings for customers in an amount that is
12		equal to 1.4% in 2027, 1.7% in 2028, and 2% in 2029 and
13		every year thereafter of the utility's average annual
14		electricity sales from 2021 through 2023 to customers. The
15		incremental annual energy savings requirements set forth
16		in this paragraph (1) may be reduced by 0.025 percentage
17		points for every percentage point increase, above the 25%
18		minimum to be targeted at low-income households as
19		specified in paragraph (c) of this Section, in the portion
20		of total efficiency program spending that is on low-income
21		or moderate-income efficiency programs. The incremental
22		annual savings requirement shall not be reduced to a level
23		less than 0.25 percentage points less than the energy
24		savings requirement applicable to the calendar year, even
25		if the sum of low-income spending and moderate-income
26		spending is greater than 35% of total spending.

HB3595 Enrolled - 519 - LRB104 08153 BAB 18201 b
1		(2) A utility that serves less than 3,000,000 retail
2		customers but more than 500,000 retail customers in the
3		State must achieve an incremental annual coincident peak
4		demand savings goal from energy efficiency measures
5		installed as a result of the utility's programs by
6		customers in an amount that is equal to the energy savings
7		goal from paragraph (1) of this Section divided by the
8		actual average ratio of kilowatt-hour savings to
9		coincident peak demand reduction achieved by the utility
10		through its energy efficiency programs in 2023. If the
11		season in which coincident peak demands are experienced,
12		the hours of the day that peak demands are experienced,
13		and the methods by which peak demand impacts from
14		efficiency measures are estimated are different in the
15		future than when 2023 peak demand impacts were originally
16		estimated, the 2023 peak demand impacts shall be
17		recomputed using such updated peak definitions and
18		estimation methods for the purpose of establishing future
19		coincident peak demand savings goals. To the extent that a
20		utility counts either improvements to the efficiency of
21		the use of gas and other fuels or the electrification of
22		gas and other fuels toward its energy savings goal, as
23		permitted under paragraphs (b-25) and (b-27) of this
24		Section, it must estimate the actual impacts on coincident
25		peak demand from such measures and count them, whether
26		positive or negative, toward its coincident peak demand

HB3595 Enrolled - 520 - LRB104 08153 BAB 18201 b
1		savings goal. Only coincident peak demand savings from
2		efficiency measures shall count toward this goal. To the
3		extent that some efficiency measures enable demand
4		response, only the peak demand savings from the energy
5		efficiency upgrade shall count toward the goal. Nothing in
6		this Section shall limit the ability of peak demand
7		savings from such enabled demand-response initiatives to
8		count for other, non-energy efficiency performance
9		standard performance metrics established for the utility.
10		(3) Each utility's incremental annual energy savings,
11		and coincident peak demand savings if a utility serves
12		less than 3,000,000 retail customers but more than 500,000
13		retail customers in the State, must be achieved with an
14		average savings life of at least 12 years. In no event can
15		more than one-fifth of the incremental annual savings or
16		the coincident peak demand savings counted toward a
17		utility's annual savings goal in any given year be derived
18		from efficiency measures with average savings lives of
19		less than 5 years. Average savings lives may be shorter
20		than the average operational lives of measures installed
21		if the measures do not produce savings in every year in
22		which the measures operate or if the savings that measures
23		produce decline during the measures' operational lives.
24		For the purposes of this Section, "incremental annual
25		energy savings" means the total electric energy savings
26		from all measures installed in a calendar year that will

HB3595 Enrolled - 521 - LRB104 08153 BAB 18201 b
1		be realized within 12 months of each measure's
2		installation; "moderate-income" means income between 80%
3		of area median income and 300% of the federal poverty
4		limit; "incremental annual coincident peak demand savings"
5		means the total coincident peak reduction from all energy
6		efficiency measures installed in a calendar year that will
7		be realized within 12 months of each measure's
8		installation; "average savings life" means the lifetime
9		savings that would be realized as a result of a utility's
10		efficiency programs divided by the incremental annual
11		savings such programs produce.
12		(b-20) Each electric utility subject to this Section may
13		include cost-effective voltage optimization measures in its
14		plans submitted under subsections (f) and (g) of this Section,
15		and the costs incurred by a utility to implement the measures
16		under a Commission-approved plan shall be recovered under the
17		provisions of Article IX or Section 16-108.5 of this Act. For
18		purposes of this Section, the measure life of voltage
19		optimization measures shall be 15 years. The measure life
20		period is independent of the depreciation rate of the voltage
21		optimization assets deployed. Utilities may claim savings from
22		voltage optimization on circuits for more than 15 years if
23		they can demonstrate that they have made additional
24		investments necessary to enable voltage optimization savings
25		to continue beyond 15 years. Such demonstrations must be
26		subject to the review of independent evaluation.

HB3595 Enrolled - 522 - LRB104 08153 BAB 18201 b
1		Within 270 days after June 1, 2017 (the effective date of
2		Public Act 99-906), an electric utility that serves less than
3		3,000,000 retail customers but more than 500,000 retail
4		customers in the State shall file a plan with the Commission
5		that identifies the cost-effective voltage optimization
6		investment the electric utility plans to undertake through
7		December 31, 2024. The Commission, after notice and hearing,
8		shall approve or approve with modification the plan within 120
9		days after the plan's filing and, in the order approving or
10		approving with modification the plan, the Commission shall
11		adjust the applicable cumulative persisting annual savings
12		goals set forth in subsection (b-15) to reflect any amount of
13		cost-effective energy savings approved by the Commission that
14		is greater than or less than the following cumulative
15		persisting annual savings values attributable to voltage
16		optimization for the applicable year:
17		(1) 0.0% of cumulative persisting annual savings for
18		the year ending December 31, 2018;
19		(2) 0.17% of cumulative persisting annual savings for
20		the year ending December 31, 2019;
21		(3) 0.17% of cumulative persisting annual savings for
22		the year ending December 31, 2020;
23		(4) 0.33% of cumulative persisting annual savings for
24		the year ending December 31, 2021;
25		(5) 0.5% of cumulative persisting annual savings for
26		the year ending December 31, 2022;

HB3595 Enrolled - 523 - LRB104 08153 BAB 18201 b
1		(6) 0.67% of cumulative persisting annual savings for
2		the year ending December 31, 2023;
3		(7) 0.83% of cumulative persisting annual savings for
4		the year ending December 31, 2024; and
5		(8) 1.0% of cumulative persisting annual savings for
6		the year ending December 31, 2025 and all subsequent
7		years.
8		(b-25) In the event an electric utility jointly offers an
9		energy efficiency measure or program with a gas utility under
10		plans approved under this Section and Section 8-104 of this
11		Act, the electric utility may continue offering the program,
12		including the gas energy efficiency measures, in the event the
13		gas utility discontinues funding the program. In that event,
14		the energy savings value associated with such other fuels
15		shall be converted to electric energy savings on an equivalent
16		Btu basis for the premises. However, the electric utility
17		shall prioritize programs for low-income residential customers
18		to the extent practicable. An electric utility may recover the
19		costs of offering the gas energy efficiency measures under
20		this subsection (b-25).
21		For those energy efficiency measures or programs that save
22		both electricity and other fuels but are not jointly offered
23		with a gas utility under plans approved under this Section and
24		Section 8-104 or not offered with an affiliated gas utility
25		under paragraph (6) of subsection (f) of Section 8-104 of this
26		Act, the electric utility may count savings of fuels other

HB3595 Enrolled - 524 - LRB104 08153 BAB 18201 b
1		than electricity toward the achievement of its annual savings
2		goal, and the energy savings value associated with such other
3		fuels shall be converted to electric energy savings on an
4		equivalent Btu basis at the premises.
5		For an electric utility that serves more than 3,000,000
6		retail customers in the State, on and after January 1, 2027,
7		the electric utility may only count savings of other fuels
8		under this subsection (b-25) toward the achievement of its
9		annual electric energy savings goal when such other fuel
10		savings are from weatherization measures that reduce heat loss
11		through the building envelope, insulating mechanical systems,
12		or the heating distribution system, including, but not limited
13		to, air sealing and building shell measures. This limitation
14		on counting other fuel savings from efficiency measures toward
15		a utility's energy savings goal shall not affect the utility's
16		ability to claim savings from electrification measures
17		installed pursuant to the requirements in subsection (b-27).
18		In no event shall more than 10% of each year's applicable
19		annual total savings requirement, as defined in paragraph
20		(7.5) of subsection (g) of this Section be met through savings
21		of fuels other than electricity. For an electric utility that
22		serves more than 3,000,000 retail customers in the State, in
23		no event shall more than 30% of each year's incremental annual
24		energy savings requirement, as defined in subsection (b-16) of
25		this Section, be met through savings of fuels other than
26		electricity. For an electric utility that serves less than

HB3595 Enrolled - 525 - LRB104 08153 BAB 18201 b
1		3,000,000 retail customers but more than 500,000 retail
2		customers in the State, in no event shall more than 20% of each
3		year's incremental annual energy savings requirement, as
4		defined in subsection (b-16) of this Section, be met through
5		savings of fuels other than electricity.
6		(b-27) Beginning in 2022, an electric utility may offer
7		and promote measures that electrify space heating, water
8		heating, cooling, drying, cooking, industrial processes, and
9		other building and industrial end uses that would otherwise be
10		served by combustion of fossil fuel at the premises, provided
11		that the electrification measures reduce total energy
12		consumption at the premises. The electric utility may count
13		the reduction in energy consumption at the premises toward
14		achievement of its annual savings goals. The reduction in
15		energy consumption at the premises shall be calculated as the
16		difference between: (A) the reduction in Btu consumption of
17		fossil fuels as a result of electrification, converted to
18		kilowatt-hour equivalents by dividing by 3,412 Btus per
19		kilowatt hour; and (B) the increase in kilowatt hours of
20		electricity consumption resulting from the displacement of
21		fossil fuel consumption as a result of electrification. An
22		electric utility may recover the costs of offering and
23		promoting electrification measures under this subsection
24		(b-27).
25		At least 33% of all costs of offering and promoting
26		electrification measures under this subsection (b-27) must be

HB3595 Enrolled - 526 - LRB104 08153 BAB 18201 b
1		for supporting installation of electrification measures
2		through programs exclusively targeted to low-income
3		households. The percentage requirement may be reduced if the
4		utility can demonstrate that it is not possible to achieve the
5		level of low-income electrification spending, while supporting
6		programs for non-low-income residential and business
7		electrification, because of limitations regarding the number
8		of low-income households in its service territory that would
9		be able to meet program eligibility requirements set forth in
10		the multi-year energy efficiency plan. If the 33% low-income
11		electrification spending requirement is reduced, the utility
12		must prioritize support of low-income electrification in
13		housing that meets program eligibility requirements over
14		electrification spending on non-low-income residential or
15		business customers.
16		The ratio of spending on electrification measures targeted
17		to low-income, multifamily buildings to spending on
18		electrification measures targeted to low-income, single-family
19		buildings shall be designed to achieve levels of
20		electrification savings from each building type that are
21		approximately proportional to the magnitude of cost-effective
22		electrification savings potential in each building type.
23		In no event shall electrification savings counted toward
24		each year's applicable annual total savings requirement, as
25		defined in paragraph (7.5) of subsection (g) of this Section,
26		or counted toward each year's incremental annual savings, as

HB3595 Enrolled - 527 - LRB104 08153 BAB 18201 b
1		defined in paragraph (b-16) of this Section, be greater than:
2		(1) 5% per year for each year from 2022 through 2025;
3		(2) 20% per year for 2026 and all subsequent years;
4		and
5		(3) (blank).
6		The limitations on electrification savings that may be counted
7		toward a utility's annual savings goals are separate from and
8		in addition to the subsection (b-25) limitations governing the
9		counting of the other fuel savings resulting from efficiency
10		measures and programs.
11		As part of the annual informational filing to the
12		Commission that is required under paragraph (9) of subsection
13		(g) of this Section, each utility shall identify the specific
14		electrification measures offered under this subsection (b-27);
15		the quantity of each electrification measure that was
16		installed by its customers; the average total cost, average
17		utility cost, average reduction in fossil fuel consumption,
18		and average increase in electricity consumption associated
19		with each electrification measure; the portion of
20		installations of each electrification measure that were in
21		low-income single-family housing, low-income multifamily
22		housing, non-low-income single-family housing, non-low-income
23		multifamily housing, commercial buildings, and industrial
24		facilities; and the quantity of savings associated with each
25		measure category in each customer category that are being
26		counted toward the utility's applicable annual total savings

HB3595 Enrolled - 528 - LRB104 08153 BAB 18201 b
1		requirement or counted toward each year's incremental annual
2		savings, as defined in paragraph (b-16) of this Section. Prior
3		to installing or promoting electrification measures, the
4		utility shall provide customers with estimates of the impact
5		of the new measures on the customer's average monthly electric
6		bill and total annual energy expenses.
7		(c) Electric utilities shall be responsible for overseeing
8		the design, development, and filing of energy efficiency plans
9		with the Commission and may, as part of that implementation,
10		outsource various aspects of program development and
11		implementation. A minimum of 10%, for electric utilities that
12		serve more than 3,000,000 retail customers in the State, and a
13		minimum of 7%, for electric utilities that serve less than
14		3,000,000 retail customers but more than 500,000 retail
15		customers in the State, of the utility's entire portfolio
16		funding level for a given year shall be used to procure
17		cost-effective energy efficiency measures from units of local
18		government, municipal corporations, school districts, public
19		housing, public institutions of higher education, and
20		community college districts, provided that a minimum
21		percentage of available funds shall be used to procure energy
22		efficiency from public housing, which percentage shall be
23		equal to public housing's share of public building energy
24		consumption.
25		The utilities shall also implement energy efficiency
26		measures targeted at low-income households, which, for

HB3595 Enrolled - 529 - LRB104 08153 BAB 18201 b
1		purposes of this Section, shall be defined as households at or
2		below 80% of area median income, and expenditures to implement
3		the measures shall be no less than 25% of total energy
4		efficiency program spending approved by the Commission
5		pursuant to review of plans filed under subsection (f) of this
6		Section The ratio of spending on efficiency programs targeted
7		at low-income multifamily buildings to spending on efficiency
8		programs targeted at low-income single-family buildings shall
9		be designed to achieve levels of savings from each building
10		type that are approximately proportional to the magnitude of
11		cost-effective lifetime savings potential in each building
12		type. Investment in low-income whole-building weatherization
13		programs shall constitute a minimum of 80% of a utility's
14		total budget specifically dedicated to serving low-income
15		customers.
16		The utilities shall work to bundle low-income energy
17		efficiency offerings with other programs that serve low-income
18		households to maximize the benefits going to these households.
19		The utilities shall market and implement low-income energy
20		efficiency programs in coordination with low-income assistance
21		programs, the Illinois Solar for All Program, and
22		weatherization whenever practicable. The program implementer
23		shall walk the customer through the enrollment process for any
24		programs for which the customer is eligible. The utilities
25		shall also pilot targeting customers with high arrearages,
26		high energy intensity (ratio of energy usage divided by home

HB3595 Enrolled - 530 - LRB104 08153 BAB 18201 b
1		or unit square footage), or energy assistance programs with
2		energy efficiency offerings, and then track reduction in
3		arrearages as a result of the targeting. This targeting and
4		bundling of low-income energy programs shall be offered to
5		both low-income single-family and multifamily customers
6		(owners and residents).
7		The utilities shall invest in health and safety measures
8		appropriate and necessary for comprehensively weatherizing a
9		home or multifamily building, and shall implement a health and
10		safety fund of at least 15% of the total income-qualified
11		weatherization budget that shall be used for the purpose of
12		making grants for technical assistance, construction,
13		reconstruction, improvement, or repair of buildings to
14		facilitate their participation in the energy efficiency
15		programs targeted at low-income single-family and multifamily
16		households. These funds may also be used for the purpose of
17		making grants for technical assistance, construction,
18		reconstruction, improvement, or repair of the following
19		buildings to facilitate their participation in the energy
20		efficiency programs created by this Section: (1) buildings
21		that are owned or operated by registered 501(c)(3) public
22		charities; and (2) early care and education day care centers,
23		early care and education day care homes, or group early care
24		and education day care homes, as defined under 89 Ill. Adm.
25		Code Part 406, 407, or 408, respectively.
26		Each electric utility shall assess opportunities to

HB3595 Enrolled - 531 - LRB104 08153 BAB 18201 b
1		implement cost-effective energy efficiency measures and
2		programs through a public housing authority or authorities
3		located in its service territory. If such opportunities are
4		identified, the utility shall propose such measures and
5		programs to address the opportunities. Expenditures to address
6		such opportunities shall be credited toward the minimum
7		procurement and expenditure requirements set forth in this
8		subsection (c).
9		Implementation of energy efficiency measures and programs
10		targeted at low-income households should be contracted, when
11		it is practicable, to independent third parties that have
12		demonstrated capabilities to serve such households, with a
13		preference for not-for-profit entities and government agencies
14		that have existing relationships with or experience serving
15		low-income communities in the State.
16		Each electric utility shall develop and implement
17		reporting procedures that address and assist in determining
18		the amount of energy savings that can be applied to the
19		low-income procurement and expenditure requirements set forth
20		in this subsection (c). Each electric utility shall also track
21		the types and quantities or volumes of insulation and air
22		sealing materials, and their associated energy saving
23		benefits, installed in energy efficiency programs targeted at
24		low-income single-family and multifamily households.
25		The electric utilities shall participate in a low-income
26		energy efficiency accountability committee ("the committee"),

HB3595 Enrolled - 532 - LRB104 08153 BAB 18201 b
1		which will directly inform the design, implementation, and
2		evaluation of the low-income and public-housing energy
3		efficiency programs. The committee shall be comprised of the
4		electric utilities subject to the requirements of this
5		Section, the gas utilities subject to the requirements of
6		Section 8-104 of this Act, the utilities' low-income energy
7		efficiency implementation contractors, nonprofit
8		organizations, community action agencies, advocacy groups,
9		State and local governmental agencies, public-housing
10		organizations, and representatives of community-based
11		organizations, especially those living in or working with
12		environmental justice communities and BIPOC communities. The
13		committee shall be composed of 2 geographically differentiated
14		subcommittees: one for stakeholders in northern Illinois and
15		one for stakeholders in central and southern Illinois. The
16		subcommittees shall meet together at least twice per year.
17		There shall be one statewide leadership committee led by
18		and composed of community-based organizations that are
19		representative of BIPOC and environmental justice communities
20		and that includes equitable representation from BIPOC
21		communities. The leadership committee shall be composed of an
22		equal number of representatives from the 2 subcommittees. The
23		subcommittees shall address specific programs and issues, with
24		the leadership committee convening targeted workgroups as
25		needed. The leadership committee may elect to work with an
26		independent facilitator to solicit and organize feedback,

HB3595 Enrolled - 533 - LRB104 08153 BAB 18201 b
1		recommendations and meeting participation from a wide variety
2		of community-based stakeholders. If a facilitator is used,
3		they shall be fair and responsive to the needs of all
4		stakeholders involved in the committee. For a utility that
5		serves more than 3,000,000 retail customers in the State, if a
6		facilitator is used, they shall be retained by Commission
7		staff.
8		All committee meetings must be accessible, with rotating
9		locations if meetings are held in-person, virtual
10		participation options, and materials and agendas circulated in
11		advance.
12		There shall also be opportunities for direct input by
13		committee members outside of committee meetings, such as via
14		individual meetings, surveys, emails and calls, to ensure
15		robust participation by stakeholders with limited capacity and
16		ability to attend committee meetings. Committee meetings shall
17		emphasize opportunities to bundle and coordinate delivery of
18		low-income energy efficiency with other programs that serve
19		low-income communities, such as the Illinois Solar for All
20		Program and bill payment assistance programs. Meetings shall
21		include educational opportunities for stakeholders to learn
22		more about these additional offerings, and the committee shall
23		assist in figuring out the best methods for coordinated
24		delivery and implementation of offerings when serving
25		low-income communities. The committee shall directly and
26		equitably influence and inform utility low-income and

HB3595 Enrolled - 534 - LRB104 08153 BAB 18201 b
1		public-housing energy efficiency programs and priorities.
2		Participating utilities shall implement recommendations from
3		the committee whenever possible.
4		Participating utilities shall track and report how input
5		from the committee has led to new approaches and changes in
6		their energy efficiency portfolios. This reporting shall occur
7		at committee meetings and in quarterly energy efficiency
8		reports to the Stakeholder Advisory Group and Illinois
9		Commerce Commission, and other relevant reporting mechanisms.
10		Participating utilities shall also report on relevant equity
11		data and metrics requested by the committee, such as energy
12		burden data, geographic, racial, and other relevant
13		demographic data on where programs are being delivered and
14		what populations programs are serving.
15		The Illinois Commerce Commission shall oversee and have
16		relevant staff participate in the committee. The committee
17		shall have a budget of 0.25% of each utility's entire
18		efficiency portfolio funding for a given year. The budget
19		shall be overseen by the Commission. The budget shall be used
20		to provide grants for community-based organizations serving on
21		the leadership committee, stipends for community-based
22		organizations participating in the committee, grants for
23		community-based organizations to do energy efficiency outreach
24		and education, and relevant meeting needs as determined by the
25		leadership committee. The education and outreach shall
26		include, but is not limited to, basic energy efficiency

HB3595 Enrolled - 535 - LRB104 08153 BAB 18201 b
1		education, information about low-income energy efficiency
2		programs, and information on the committee's purpose,
3		structure, and activities.
4		(d) Notwithstanding any other provision of law to the
5		contrary, a utility providing approved energy efficiency
6		measures and, if applicable, demand-response measures in the
7		State shall be permitted to recover all reasonable and
8		prudently incurred costs of those measures from all retail
9		customers, except as provided in subsection (l) of this
10		Section, as follows, provided that nothing in this subsection
11		(d) permits the double recovery of such costs from customers:
12		(1) The utility may recover its costs through an
13		automatic adjustment clause tariff filed with and approved
14		by the Commission. The tariff shall be established outside
15		the context of a general rate case. Each year the
16		Commission shall initiate a review to reconcile any
17		amounts collected with the actual costs and to determine
18		the required adjustment to the annual tariff factor to
19		match annual expenditures. To enable the financing of the
20		incremental capital expenditures, including regulatory
21		assets, for electric utilities that serve less than
22		3,000,000 retail customers but more than 500,000 retail
23		customers in the State, the utility's actual year-end
24		capital structure that includes a common equity ratio,
25		excluding goodwill, of up to and including 50% of the
26		total capital structure shall be deemed reasonable and

HB3595 Enrolled - 536 - LRB104 08153 BAB 18201 b
1		used to set rates.
2		(2) A utility may recover its costs through an energy
3		efficiency formula rate approved by the Commission under a
4		filing under subsections (f) and (g) of this Section,
5		which shall specify the cost components that form the
6		basis of the rate charged to customers with sufficient
7		specificity to operate in a standardized manner and be
8		updated annually with transparent information that
9		reflects the utility's actual costs to be recovered during
10		the applicable rate year, which is the period beginning
11		with the first billing day of January and extending
12		through the last billing day of the following December.
13		The energy efficiency formula rate shall be implemented
14		through a tariff filed with the Commission under
15		subsections (f) and (g) of this Section that is consistent
16		with the provisions of this paragraph (2) and that shall
17		be applicable to all delivery services customers. The
18		Commission shall conduct an investigation of the tariff in
19		a manner consistent with the provisions of this paragraph
20		(2), subsections (f) and (g) of this Section, and the
21		provisions of Article IX of this Act to the extent they do
22		not conflict with this paragraph (2). The energy
23		efficiency formula rate approved by the Commission shall
24		remain in effect at the discretion of the utility and
25		shall do the following:
26		(A) Provide for the recovery of the utility's

HB3595 Enrolled - 537 - LRB104 08153 BAB 18201 b
1		actual costs incurred under this Section that are
2		prudently incurred and reasonable in amount consistent
3		with Commission practice and law. The sole fact that a
4		cost differs from that incurred in a prior calendar
5		year or that an investment is different from that made
6		in a prior calendar year shall not imply the
7		imprudence or unreasonableness of that cost or
8		investment.
9		(B) Reflect the utility's actual year-end capital
10		structure for the applicable calendar year, excluding
11		goodwill, subject to a determination of prudence and
12		reasonableness consistent with Commission practice and
13		law. To enable the financing of the incremental
14		capital expenditures, including regulatory assets, for
15		electric utilities that serve less than 3,000,000
16		retail customers but more than 500,000 retail
17		customers in the State, a participating electric
18		utility's actual year-end capital structure that
19		includes a common equity ratio, excluding goodwill, of
20		up to and including 50% of the total capital structure
21		shall be deemed reasonable and used to set rates.
22		(C) Include a cost of equity that shall be equal to
23		the baseline cost of equity approved by the Commission
24		for the utility's electric distribution rates
25		effective during the applicable year, whether those
26		rates are set pursuant to Section 9-201, subparagraph

HB3595 Enrolled - 538 - LRB104 08153 BAB 18201 b
1		(B) of paragraph (3) of subsection (d) of Section
2		16-108.18, or any successor electric distribution
3		ratemaking paradigm.
4		(D) Permit and set forth protocols, subject to a
5		determination of prudence and reasonableness
6		consistent with Commission practice and law, for the
7		following:
8		(i) recovery of incentive compensation expense
9		that is based on the achievement of operational
10		metrics, including metrics related to budget
11		controls, outage duration and frequency, safety,
12		customer service, efficiency and productivity, and
13		environmental compliance; however, this protocol
14		shall not apply if such expense related to costs
15		incurred under this Section is recovered under
16		Article IX or Section 16-108.5 of this Act;
17		incentive compensation expense that is based on
18		net income or an affiliate's earnings per share
19		shall not be recoverable under the energy
20		efficiency formula rate;
21		(ii) recovery of pension and other
22		post-employment benefits expense, provided that
23		such costs are supported by an actuarial study;
24		however, this protocol shall not apply if such
25		expense related to costs incurred under this
26		Section is recovered under Article IX or Section

HB3595 Enrolled - 539 - LRB104 08153 BAB 18201 b
1		16-108.5 of this Act;
2		(iii) recovery of existing regulatory assets
3		over the periods previously authorized by the
4		Commission;
5		(iv) as described in subsection (e),
6		amortization of costs incurred under this Section;
7		and
8		(v) projected, weather normalized billing
9		determinants for the applicable rate year.
10		(E) Provide for an annual reconciliation, as
11		described in paragraph (3) of this subsection (d),
12		less any deferred taxes related to the reconciliation,
13		with interest at an annual rate of return equal to the
14		utility's weighted average cost of capital, including
15		a revenue conversion factor calculated to recover or
16		refund all additional income taxes that may be payable
17		or receivable as a result of that return, of the energy
18		efficiency revenue requirement reflected in rates for
19		each calendar year, beginning with the calendar year
20		in which the utility files its energy efficiency
21		formula rate tariff under this paragraph (2), with
22		what the revenue requirement would have been had the
23		actual cost information for the applicable calendar
24		year been available at the filing date.
25		The utility shall file, together with its tariff, the
26		projected costs to be incurred by the utility during the

HB3595 Enrolled - 540 - LRB104 08153 BAB 18201 b
1		rate year under the utility's multi-year plan approved
2		under subsections (f) and (g) of this Section, including,
3		but not limited to, the projected capital investment costs
4		and projected regulatory asset balances with
5		correspondingly updated depreciation and amortization
6		reserves and expense, that shall populate the energy
7		efficiency formula rate and set the initial rates under
8		the formula.
9		The Commission shall review the proposed tariff in
10		conjunction with its review of a proposed multi-year plan,
11		as specified in paragraph (5) of subsection (g) of this
12		Section. The review shall be based on the same evidentiary
13		standards, including, but not limited to, those concerning
14		the prudence and reasonableness of the costs incurred by
15		the utility, the Commission applies in a hearing to review
16		a filing for a general increase in rates under Article IX
17		of this Act. The initial rates shall take effect beginning
18		with the January monthly billing period following the
19		Commission's approval.
20		The tariff's rate design and cost allocation across
21		customer classes shall be consistent with the utility's
22		automatic adjustment clause tariff in effect on June 1,
23		2017 (the effective date of Public Act 99-906); however,
24		the Commission may revise the tariff's rate design and
25		cost allocation in subsequent proceedings under paragraph
26		(3) of this subsection (d).

HB3595 Enrolled - 541 - LRB104 08153 BAB 18201 b
1		If the energy efficiency formula rate is terminated,
2		the then current rates shall remain in effect until such
3		time as the energy efficiency costs are incorporated into
4		new rates that are set under this subsection (d) or
5		Article IX of this Act, subject to retroactive rate
6		adjustment, with interest, to reconcile rates charged with
7		actual costs.
8		(3) The provisions of this paragraph (3) shall only
9		apply to an electric utility that has elected to file an
10		energy efficiency formula rate under paragraph (2) of this
11		subsection (d). Subsequent to the Commission's issuance of
12		an order approving the utility's energy efficiency formula
13		rate structure and protocols, and initial rates under
14		paragraph (2) of this subsection (d), the utility shall
15		file, on or before June 1 of each year, with the Chief
16		Clerk of the Commission its updated cost inputs to the
17		energy efficiency formula rate for the applicable rate
18		year and the corresponding new charges, as well as the
19		information described in paragraph (9) of subsection (g)
20		of this Section. Each such filing shall conform to the
21		following requirements and include the following
22		information:
23		(A) The inputs to the energy efficiency formula
24		rate for the applicable rate year shall be based on the
25		projected costs to be incurred by the utility during
26		the rate year under the utility's multi-year plan

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1		approved under subsections (f) and (g) of this
2		Section, including, but not limited to, projected
3		capital investment costs and projected regulatory
4		asset balances with correspondingly updated
5		depreciation and amortization reserves and expense.
6		The filing shall also include a reconciliation of the
7		energy efficiency revenue requirement that was in
8		effect for the prior rate year (as set by the cost
9		inputs for the prior rate year) with the actual
10		revenue requirement for the prior rate year
11		(determined using a year-end rate base) that uses
12		amounts reflected in the applicable FERC Form 1 that
13		reports the actual costs for the prior rate year. Any
14		over-collection or under-collection indicated by such
15		reconciliation shall be reflected as a credit against,
16		or recovered as an additional charge to, respectively,
17		with interest calculated at a rate equal to the
18		utility's weighted average cost of capital approved by
19		the Commission for the prior rate year, the charges
20		for the applicable rate year. Such over-collection or
21		under-collection shall be adjusted to remove any
22		deferred taxes related to the reconciliation, for
23		purposes of calculating interest at an annual rate of
24		return equal to the utility's weighted average cost of
25		capital approved by the Commission for the prior rate
26		year, including a revenue conversion factor calculated

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1		to recover or refund all additional income taxes that
2		may be payable or receivable as a result of that
3		return. Each reconciliation shall be certified by the
4		participating utility in the same manner that FERC
5		Form 1 is certified. The filing shall also include the
6		charge or credit, if any, resulting from the
7		calculation required by subparagraph (E) of paragraph
8		(2) of this subsection (d).
9		Notwithstanding any other provision of law to the
10		contrary, the intent of the reconciliation is to
11		ultimately reconcile both the revenue requirement
12		reflected in rates for each calendar year, beginning
13		with the calendar year in which the utility files its
14		energy efficiency formula rate tariff under paragraph
15		(2) of this subsection (d), with what the revenue
16		requirement determined using a year-end rate base for
17		the applicable calendar year would have been had the
18		actual cost information for the applicable calendar
19		year been available at the filing date.
20		For purposes of this Section, "FERC Form 1" means
21		the Annual Report of Major Electric Utilities,
22		Licensees and Others that electric utilities are
23		required to file with the Federal Energy Regulatory
24		Commission under the Federal Power Act, Sections 3,
25		4(a), 304 and 209, modified as necessary to be
26		consistent with 83 Ill. Adm. Code Part 415 as of May 1,

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1		2011. Nothing in this Section is intended to allow
2		costs that are not otherwise recoverable to be
3		recoverable by virtue of inclusion in FERC Form 1.
4		(B) The new charges shall take effect beginning on
5		the first billing day of the following January billing
6		period and remain in effect through the last billing
7		day of the next December billing period regardless of
8		whether the Commission enters upon a hearing under
9		this paragraph (3).
10		(C) The filing shall include relevant and
11		necessary data and documentation for the applicable
12		rate year. Normalization adjustments shall not be
13		required.
14		Within 45 days after the utility files its annual
15		update of cost inputs to the energy efficiency formula
16		rate, the Commission shall with reasonable notice,
17		initiate a proceeding concerning whether the projected
18		costs to be incurred by the utility and recovered during
19		the applicable rate year, and that are reflected in the
20		inputs to the energy efficiency formula rate, are
21		consistent with the utility's approved multi-year plan
22		under subsections (f) and (g) of this Section and whether
23		the costs incurred by the utility during the prior rate
24		year were prudent and reasonable. The Commission shall
25		also have the authority to investigate the information and
26		data described in paragraph (9) of subsection (g) of this

HB3595 Enrolled - 545 - LRB104 08153 BAB 18201 b
1		Section, including the proposed adjustment to the
2		utility's return on equity component of its weighted
3		average cost of capital. During the course of the
4		proceeding, each objection shall be stated with
5		particularity and evidence provided in support thereof,
6		after which the utility shall have the opportunity to
7		rebut the evidence. Discovery shall be allowed consistent
8		with the Commission's Rules of Practice, which Rules of
9		Practice shall be enforced by the Commission or the
10		assigned administrative law judge. The Commission shall
11		apply the same evidentiary standards, including, but not
12		limited to, those concerning the prudence and
13		reasonableness of the costs incurred by the utility,
14		during the proceeding as it would apply in a proceeding to
15		review a filing for a general increase in rates under
16		Article IX of this Act. The Commission shall not, however,
17		have the authority in a proceeding under this paragraph
18		(3) to consider or order any changes to the structure or
19		protocols of the energy efficiency formula rate approved
20		under paragraph (2) of this subsection (d). In a
21		proceeding under this paragraph (3), the Commission shall
22		enter its order no later than the earlier of 195 days after
23		the utility's filing of its annual update of cost inputs
24		to the energy efficiency formula rate or December 15. The
25		utility's proposed return on equity calculation, as
26		described in paragraphs (7) through (9) of subsection (g)

HB3595 Enrolled - 546 - LRB104 08153 BAB 18201 b
1		of this Section, shall be deemed the final, approved
2		calculation on December 15 of the year in which it is filed
3		unless the Commission enters an order on or before
4		December 15, after notice and hearing, that modifies such
5		calculation consistent with this Section. The Commission's
6		determinations of the prudence and reasonableness of the
7		costs incurred, and determination of such return on equity
8		calculation, for the applicable calendar year shall be
9		final upon entry of the Commission's order and shall not
10		be subject to reopening, reexamination, or collateral
11		attack in any other Commission proceeding, case, docket,
12		order, rule, or regulation; however, nothing in this
13		paragraph (3) shall prohibit a party from petitioning the
14		Commission to rehear or appeal to the courts the order
15		under the provisions of this Act.
16		(e) Beginning on June 1, 2017 (the effective date of
17		Public Act 99-906), a utility subject to the requirements of
18		this Section may elect to defer, as a regulatory asset, up to
19		the full amount of its expenditures incurred under this
20		Section for each annual period, including, but not limited to,
21		any expenditures incurred above the funding level set by
22		subsection (f) of this Section for a given year. The total
23		expenditures deferred as a regulatory asset in a given year
24		shall be amortized and recovered over a period that is equal to
25		the weighted average of the energy efficiency measure lives
26		implemented for that year that are reflected in the regulatory

HB3595 Enrolled - 547 - LRB104 08153 BAB 18201 b
1		asset. The unamortized balance shall be recognized as of
2		December 31 for a given year. The utility shall also earn a
3		return on the total of the unamortized balances of all of the
4		energy efficiency regulatory assets, less any deferred taxes
5		related to those unamortized balances, at an annual rate equal
6		to the utility's weighted average cost of capital that
7		includes, based on a year-end capital structure, the utility's
8		actual cost of debt for the applicable calendar year and a cost
9		of equity, which shall be determined as set forth in
10		subparagraph (C) of paragraph (2) of subsection of this
11		Section, including a revenue conversion factor calculated to
12		recover or refund all additional income taxes that may be
13		payable or receivable as a result of that return. Capital
14		investment costs shall be depreciated and recovered over their
15		useful lives consistent with generally accepted accounting
16		principles. The weighted average cost of capital shall be
17		applied to the capital investment cost balance, less any
18		accumulated depreciation and accumulated deferred income
19		taxes, as of December 31 for a given year.
20		When an electric utility creates a regulatory asset under
21		the provisions of this Section, the costs are recovered over a
22		period during which customers also receive a benefit which is
23		in the public interest. Accordingly, it is the intent of the
24		General Assembly that an electric utility that elects to
25		create a regulatory asset under the provisions of this Section
26		shall recover all of the associated costs as set forth in this

HB3595 Enrolled - 548 - LRB104 08153 BAB 18201 b
1		Section. After the Commission has approved the prudence and
2		reasonableness of the costs that comprise the regulatory
3		asset, the electric utility shall be permitted to recover all
4		such costs, and the value and recoverability through rates of
5		the associated regulatory asset shall not be limited, altered,
6		impaired, or reduced.
7		(f) Beginning in 2017, each electric utility shall file an
8		energy efficiency plan with the Commission to meet the energy
9		efficiency standards for the next applicable multi-year period
10		beginning January 1 of the year following the filing,
11		according to the schedule set forth in paragraphs (1) through
12		(3) of this subsection (f). If a utility does not file such a
13		plan on or before the applicable filing deadline for the plan,
14		it shall face a penalty of $100,000 per day until the plan is
15		filed.
16		(1) No later than 30 days after June 1, 2017 (the
17		effective date of Public Act 99-906), each electric
18		utility shall file a 4-year energy efficiency plan
19		commencing on January 1, 2018 that is designed to achieve
20		the cumulative persisting annual savings goals specified
21		in paragraphs (1) through (4) of subsection (b-5) of this
22		Section or in paragraphs (1) through (4) of subsection
23		(b-15) of this Section, as applicable, through
24		implementation of energy efficiency measures; however, the
25		goals may be reduced if the utility's expenditures are
26		limited pursuant to subsection (m) of this Section or, for

HB3595 Enrolled - 549 - LRB104 08153 BAB 18201 b
1		a utility that serves less than 3,000,000 retail
2		customers, if each of the following conditions are met:
3		(A) the plan's analysis and forecasts of the utility's
4		ability to acquire energy savings demonstrate that
5		achievement of such goals is not cost effective; and (B)
6		the amount of energy savings achieved by the utility as
7		determined by the independent evaluator for the most
8		recent year for which savings have been evaluated
9		preceding the plan filing was less than the average annual
10		amount of savings required to achieve the goals for the
11		applicable 4-year plan period. Except as provided in
12		subsection (m) of this Section, annual increases in
13		cumulative persisting annual savings goals during the
14		applicable 4-year plan period shall not be reduced to
15		amounts that are less than the maximum amount of
16		cumulative persisting annual savings that is forecast to
17		be cost-effectively achievable during the 4-year plan
18		period. The Commission shall review any proposed goal
19		reduction as part of its review and approval of the
20		utility's proposed plan.
21		(2) No later than March 1, 2021, each electric utility
22		shall file a 4-year energy efficiency plan commencing on
23		January 1, 2022 that is designed to achieve the cumulative
24		persisting annual savings goals specified in paragraphs
25		(5) through (8) of subsection (b-5) of this Section or in
26		paragraphs (5) through (8) of subsection (b-15) of this

HB3595 Enrolled - 550 - LRB104 08153 BAB 18201 b
1		Section, as applicable, through implementation of energy
2		efficiency measures; however, the goals may be reduced if
3		either (1) clear and convincing evidence demonstrates,
4		through independent analysis, that the expenditure limits
5		in subsection (m) of this Section preclude full
6		achievement of the goals or (2) each of the following
7		conditions are met: (A) the plan's analysis and forecasts
8		of the utility's ability to acquire energy savings
9		demonstrate by clear and convincing evidence and through
10		independent analysis that achievement of such goals is not
11		cost effective; and (B) the amount of energy savings
12		achieved by the utility as determined by the independent
13		evaluator for the most recent year for which savings have
14		been evaluated preceding the plan filing was less than the
15		average annual amount of savings required to achieve the
16		goals for the applicable 4-year plan period. If there is
17		not clear and convincing evidence that achieving the
18		savings goals specified in paragraph (b-5) or (b-15) of
19		this Section is possible both cost-effectively and within
20		the expenditure limits in subsection (m), such savings
21		goals shall not be reduced. Except as provided in
22		subsection (m) of this Section, annual increases in
23		cumulative persisting annual savings goals during the
24		applicable 4-year plan period shall not be reduced to
25		amounts that are less than the maximum amount of
26		cumulative persisting annual savings that is forecast to

HB3595 Enrolled - 551 - LRB104 08153 BAB 18201 b
1		be cost-effectively achievable during the 4-year plan
2		period. The Commission shall review any proposed goal
3		reduction as part of its review and approval of the
4		utility's proposed plan.
5		(2.5) Provisions of the multi-year plans for calendar
6		years 2026 through 2029 that relate to calendar year 2026
7		and that were filed by the electric utilities on February
8		28, 2025 shall remain in effect through calendar year
9		2026. Provisions of the plans for calendar years 2027
10		through 2029 shall be modified and resubmitted to the
11		Commission by the electric utilities pursuant to paragraph
12		(3) of this subsection (f).
13		(3) No later than the effective date of this
14		amendatory Act of the 104th General Assembly, each
15		electric utility shall file a 3-year energy efficiency
16		plan commencing on January 1, 2027 that is designed to
17		achieve, through implementation of energy efficiency
18		measures, lifetime energy equal to the product of the
19		incremental annual savings goals defined by paragraph (1)
20		of subsection (b-16) and the minimum average savings life
21		defined by paragraph (3) of subsection (b-16). The 3-year
22		energy efficiency plan of a utility that serves less than
23		3,000,000 retail customers but more than 500,000 retail
24		customers in the State must also be designed to achieve
25		lifetime peak demand savings equal to the product of the
26		incremental annual savings goals defined by paragraph (2)

HB3595 Enrolled - 552 - LRB104 08153 BAB 18201 b
1		of subsection (b-16) and the minimum average savings life
2		defined by paragraph (3) of subsection (b-16) through
3		implementation of energy efficiency measures. The savings
4		goals may be reduced if: (i) clear and convincing evidence
5		and independent analysis demonstrates that the expenditure
6		limits in subsection (m) of this Section preclude full
7		achievement of the goals, (ii) each of the following
8		conditions are met: (A) the plan's analysis and forecasts
9		of the utility's ability to acquire energy savings
10		demonstrate by clear and convincing evidence and through
11		independent analysis that achievement of such goals is not
12		cost-effective; and (B) the amount of energy savings
13		achieved by the utility, as determined by the independent
14		evaluator, for the most recent year for which savings have
15		been evaluated preceding the plan filing was less than the
16		average annual amount of savings required to achieve the
17		goals for the applicable multi-year plan period, or (iii)
18		changes in federal law, programs, or tariffs have a
19		significant and demonstrable impact on the cost of
20		delivering measures and programs. If there is not clear
21		and convincing evidence that achieving the savings goals
22		specified in subsection (b-16) is not possible both
23		cost-effectively and within the expenditure limits in
24		subsection (m), such savings goals shall not be reduced.
25		Except as provided in subsection (m), annual savings goals
26		during the applicable multi-year plan period shall not be

HB3595 Enrolled - 553 - LRB104 08153 BAB 18201 b
1		reduced to amounts that are less than the maximum amount
2		of annual savings that is forecasted to be
3		cost-effectively achievable during the applicable
4		multi-year plan period. The Commission shall review any
5		proposed goal reduction as part of its review and approval
6		of the utility's proposed plan.
7		(4) No later than March 1, 2029, and every 4 years
8		thereafter, each electric utility shall file a 4-year
9		energy efficiency plan commencing on January 1, 2030, and
10		every 4 years thereafter, respectively, that is designed
11		to achieve, through implementation of energy efficiency
12		measures, lifetime energy equal to the product of the
13		incremental annual savings goals defined by paragraph (1)
14		of subsection (b-16) and the minimum average savings life
15		described in paragraph (C) of subsection (b-16) of this
16		Section. The multi-year energy efficiency plan of a
17		utility that serves less than 3,000,000 retail customers
18		but more than 500,000 retail customers in the State must
19		also be designed to achieve lifetime peak demand savings
20		equal to the product of the incremental annual savings
21		goals defined by paragraph (2) of subsection (b-16) and
22		the minimum average savings life defined by paragraph (3)
23		of subsection (b-16) through implementation of energy
24		efficiency measures. However, the goals may be reduced if:
25		(1) clear and convincing evidence and independent analysis
26		demonstrates that the expenditure limits in subsection (m)

HB3595 Enrolled - 554 - LRB104 08153 BAB 18201 b
1		of this Section preclude full achievement of the goals;
2		(2) each of the following conditions are met: (A) the
3		plan's analysis and forecasts of the utility's ability to
4		acquire energy savings demonstrate by clear and convincing
5		evidence and through independent analysis that achievement
6		of such goals is not cost-effective; and (B) the amount of
7		energy savings achieved by the utility as determined by
8		the independent evaluator for the most recent year for
9		which savings have been evaluated preceding the plan
10		filing was less than the average annual amount of savings
11		required to achieve the goals for the applicable
12		multi-year plan period; or (3) changes in federal law,
13		programs, or tariffs have a significant and demonstrable
14		impact on the cost of delivering measures and programs. If
15		there is not clear and convincing evidence that achieving
16		the savings goals specified in subsection paragraph (b-16)
17		of this Section is possible both cost-effectively and
18		within the expenditure limits in subsection (m), such
19		savings goals shall not be reduced. Except as provided in
20		subsection (m) of this Section, annual savings goals
21		during the applicable multi-year plan period shall not be
22		reduced to amounts that are less than the maximum amount
23		of annual savings that is forecast to be cost-effectively
24		achievable during the applicable multi-year plan period.
25		The Commission shall review any proposed goal reduction as
26		part of its review and approval of the utility's proposed

HB3595 Enrolled - 555 - LRB104 08153 BAB 18201 b
1		plan.
2		Each utility's plan shall set forth the utility's
3		proposals to meet the energy efficiency standards identified
4		in subsection (b-5), (b-15), or (b-16), as applicable and as
5		such standards may have been modified under this subsection
6		(f), taking into account the unique circumstances of the
7		utility's service territory. For those plans commencing on
8		January 1, 2018, the Commission shall seek public comment on
9		the utility's plan and shall issue an order approving or
10		disapproving each plan no later than 105 days after June 1,
11		2017 (the effective date of Public Act 99-906). For those
12		plans commencing after December 31, 2021, the Commission shall
13		seek public comment on the utility's plan and shall issue an
14		order approving or disapproving each plan within 6 months
15		after its submission. If the Commission disapproves a plan,
16		the Commission shall, within 30 days, describe in detail the
17		reasons for the disapproval and describe a path by which the
18		utility may file a revised draft of the plan to address the
19		Commission's concerns satisfactorily. If the utility does not
20		refile with the Commission within 60 days, the utility shall
21		be subject to penalties at a rate of $100,000 per day until the
22		plan is filed. This process shall continue, and penalties
23		shall accrue, until the utility has successfully filed a
24		portfolio of energy efficiency and demand-response measures.
25		Penalties shall be deposited into the Energy Efficiency Trust
26		Fund.

HB3595 Enrolled - 556 - LRB104 08153 BAB 18201 b
1		(g) In submitting proposed plans and funding levels under
2		subsection (f) of this Section to meet the savings goals
3		identified in subsection (b-5), (b-15), or (b-16) of this
4		Section, as applicable, the utility shall:
5		(1) Demonstrate that its proposed energy efficiency
6		measures will achieve the applicable requirements that are
7		identified in subsection (b-5), (b-15), or (b-16) of this
8		Section, as modified by subsection (f) of this Section.
9		(2) (Blank).
10		(2.5) Demonstrate consideration of program options for
11		(A) advancing new building codes, appliance standards, and
12		municipal regulations governing existing and new building
13		efficiency improvements and (B) supporting efforts to
14		improve compliance with new building codes, appliance
15		standards and municipal regulations, as potentially
16		cost-effective means of acquiring energy savings to count
17		toward savings goals.
18		(3) Demonstrate that its overall portfolio of
19		measures, not including low-income programs described in
20		subsection (c) of this Section, is cost-effective using
21		the total resource cost test or complies with paragraphs
22		(1) through (3) of subsection (f) of this Section and
23		represents a diverse cross-section of opportunities for
24		customers of all rate classes, other than those customers
25		described in subsection (l) of this Section, to
26		participate in the programs. Individual measures need not

HB3595 Enrolled - 557 - LRB104 08153 BAB 18201 b
1		be cost effective.
2		(3.5) Demonstrate that the utility's plan integrates
3		the delivery of energy efficiency programs with natural
4		gas efficiency programs, programs promoting distributed
5		solar, programs promoting demand response and other
6		efforts to address bill payment issues, including, but not
7		limited to, LIHEAP and the Percentage of Income Payment
8		Plan, to the extent such integration is practical and has
9		the potential to enhance customer engagement, minimize
10		market confusion, or reduce administrative costs.
11		(4) If the utility chooses, present a third-party
12		energy efficiency implementation program subject to the
13		following requirements:
14		(A) (blank);
15		(B) during 2018, the utility shall conduct a
16		solicitation process for purposes of requesting
17		proposals from third-party vendors for those
18		third-party energy efficiency programs to be offered
19		during one or more of the years commencing January 1,
20		2019, January 1, 2020, and January 1, 2021; for those
21		multi-year plans commencing on January 1, 2022 and
22		January 1, 2026, the utility shall conduct a
23		solicitation process during 2021 and 2025,
24		respectively, for purposes of requesting proposals
25		from third-party vendors for those third-party energy
26		efficiency programs to be offered during one or more

HB3595 Enrolled - 558 - LRB104 08153 BAB 18201 b
1		years of the respective multi-year plan period; for
2		each solicitation process, the utility shall identify
3		the sector, technology, or geographical area for which
4		it is seeking requests for proposals; the solicitation
5		process must be either for programs that fill gaps in
6		the utility's program portfolio and for programs that
7		target low-income customers, business sectors,
8		building types, geographies, or other specific parts
9		of its customer base with initiatives that would be
10		more effective at reaching these customer segments
11		than the utilities' programs filed in its energy
12		efficiency plans;
13		(C) the utility shall propose the bidder
14		qualifications, performance measurement process, and
15		contract structure, which must include a performance
16		payment mechanism and general terms and conditions;
17		the proposed qualifications, process, and structure
18		shall be subject to Commission approval; and
19		(D) the utility shall retain an independent third
20		party to score the proposals received through the
21		solicitation process described in this paragraph (4),
22		rank them according to their cost per lifetime
23		kilowatt-hours saved, and assemble the portfolio of
24		third-party programs.
25		The electric utility shall recover all costs
26		associated with Commission-approved, third-party

HB3595 Enrolled - 559 - LRB104 08153 BAB 18201 b
1		administered programs regardless of the success of those
2		programs.
3		(4.5) Implement cost-effective demand-response
4		measures to reduce peak demand by 0.1% over the prior year
5		for eligible retail customers, as defined in Section
6		16-111.5 of this Act, and for customers that elect hourly
7		service from the utility pursuant to Section 16-107 of
8		this Act, provided those customers have not been declared
9		competitive. This requirement continues until December 31,
10		2026.
11		(5) Include a proposed or revised cost-recovery tariff
12		mechanism, as provided for under subsection (d) of this
13		Section, to fund the proposed energy efficiency and
14		demand-response measures and to ensure the recovery of the
15		prudently and reasonably incurred costs of
16		Commission-approved programs.
17		(6) Provide for an annual independent evaluation of
18		the performance of the cost-effectiveness of the utility's
19		portfolio of measures, as well as a full review of the
20		multi-year plan results of the broader net program impacts
21		and, to the extent practical, for adjustment of the
22		measures on a going-forward basis as a result of the
23		evaluations. The resources dedicated to evaluation shall
24		not exceed 3% of portfolio resources in any given year.
25		(7) For electric utilities that serve more than
26		3,000,000 retail customers in the State:

HB3595 Enrolled - 560 - LRB104 08153 BAB 18201 b
1		(A) Through December 31, 2026, provide for an
2		adjustment to the return on equity component of the
3		utility's weighted average cost of capital calculated
4		under subsection (d) of this Section:
5		(i) If the independent evaluator determines
6		that the utility achieved a cumulative persisting
7		annual savings that is less than the applicable
8		annual incremental goal, then the return on equity
9		component shall be reduced by a maximum of 200
10		basis points in the event that the utility
11		achieved no more than 75% of such goal. If the
12		utility achieved more than 75% of the applicable
13		annual incremental goal but less than 100% of such
14		goal, then the return on equity component shall be
15		reduced by 8 basis points for each percent by
16		which the utility failed to achieve the goal.
17		(ii) If the independent evaluator determines
18		that the utility achieved a cumulative persisting
19		annual savings that is more than the applicable
20		annual incremental goal, then the return on equity
21		component shall be increased by a maximum of 200
22		basis points in the event that the utility
23		achieved at least 125% of such goal. If the
24		utility achieved more than 100% of the applicable
25		annual incremental goal but less than 125% of such
26		goal, then the return on equity component shall be

HB3595 Enrolled - 561 - LRB104 08153 BAB 18201 b
1		increased by 8 basis points for each percent by
2		which the utility achieved above the goal. If the
3		applicable annual incremental goal was reduced
4		under paragraph (1) or (2) of subsection (f) of
5		this Section, then the following adjustments shall
6		be made to the calculations described in this item
7		(ii):
8		(aa) the calculation for determining
9		achievement that is at least 125% of the
10		applicable annual incremental goal shall use
11		the unreduced applicable annual incremental
12		goal to set the value; and
13		(bb) the calculation for determining
14		achievement that is less than 125% but more
15		than 100% of the applicable annual incremental
16		goal shall use the reduced applicable annual
17		incremental goal to set the value for 100%
18		achievement of the goal and shall use the
19		unreduced goal to set the value for 125%
20		achievement. The 8 basis point value shall
21		also be modified, as necessary, so that the
22		200 basis points are evenly apportioned among
23		each percentage point value between 100% and
24		125% achievement.
25		(B) (Blank).
26		(C) (Blank).

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1		(7.5) For purposes of this Section, the term
2		"applicable annual incremental goal" means the difference
3		between the cumulative persisting annual savings goal for
4		the calendar year that is the subject of the independent
5		evaluator's determination and the cumulative persisting
6		annual savings goal for the immediately preceding calendar
7		year, as such goals are defined in subsections (b-5) and
8		(b-15) of this Section and as these goals may have been
9		modified as provided for under subsection (b-20) and
10		paragraphs (1) and (2) of subsection (f) of this Section.
11		Under subsections (b), (b-5), (b-10), and (b-15) of this
12		Section, a utility must first replace energy savings from
13		measures that have expired before any progress towards
14		achievement of its applicable annual incremental goal may
15		be counted. Savings may expire because measures installed
16		in previous years have reached the end of their lives,
17		because measures installed in previous years are producing
18		lower savings in the current year than in the previous
19		year, or for other reasons identified by independent
20		evaluators. Notwithstanding anything else set forth in
21		this Section, the difference between the actual annual
22		incremental savings achieved in any given year, including
23		the replacement of energy savings that have expired, and
24		the applicable annual incremental goal shall not affect
25		adjustments to the return on equity for subsequent
26		calendar years under this subsection (g).

HB3595 Enrolled - 563 - LRB104 08153 BAB 18201 b
1		In this Section, "applicable annual total savings
2		requirement" means the total amount of new annual savings
3		that the utility must achieve in any given year to achieve
4		the applicable annual incremental goal. This is equal to
5		the applicable annual incremental goal plus the total new
6		annual savings that are required to replace savings that
7		expired in or at the end of the previous year.
8		(8) For electric utilities that serve less than
9		3,000,000 retail customers but more than 500,000 retail
10		customers in the State:
11		(A) Through December 31, 2026, the applicable
12		annual incremental goal shall be compared to the
13		annual incremental savings as determined by the
14		independent evaluator.
15		(i) The return on equity component shall be
16		reduced by 8 basis points for each percent by
17		which the utility did not achieve 84.4% of the
18		applicable annual incremental goal.
19		(ii) The return on equity component shall be
20		increased by 8 basis points for each percent by
21		which the utility exceeded 100% of the applicable
22		annual incremental goal.
23		(iii) The return on equity component shall not
24		be increased or decreased if the annual
25		incremental savings as determined by the
26		independent evaluator is greater than 84.4% of the

HB3595 Enrolled - 564 - LRB104 08153 BAB 18201 b
1		applicable annual incremental goal and less than
2		100% of the applicable annual incremental goal.
3		(iv) The return on equity component shall not
4		be increased or decreased by an amount greater
5		than 200 basis points pursuant to this
6		subparagraph (A).
7		(B) (Blank).
8		(C) (Blank).
9		(D) (Blank).
10		(8.5) Beginning January 1, 2027, a utility that serves
11		greater than 500,000 retail customers in the State shall
12		have the utility's return on equity modified for
13		performance on the utility's energy savings and peak
14		demand savings goals as follows:
15		(A) The return on equity for a utility that serves
16		more than 3,000,000 retail customers in the State may
17		be adjusted up or down by a maximum of 200 basis points
18		for its performance relative to its incremental annual
19		energy savings goal. The return on equity for a
20		utility that serves less than 3,000,000 retail
21		customers but more than 500,000 retail customers in
22		the State may be adjusted up or down by a maximum of
23		100 basis points for its performance relative to its
24		incremental annual energy savings goal and a maximum
25		of 100 basis points for its performance relative to
26		its incremental annual coincident peak demand savings

HB3595 Enrolled - 565 - LRB104 08153 BAB 18201 b
1		goal.
2		(B) A utility's performance on its savings goals
3		shall be established by comparing the actual lifetime
4		energy, and coincident peak demand savings if a
5		utility serves less than 3,000,000 retail customers
6		but more than 500,000 retail customers in the State,
7		achieved from efficiency measures installed in a given
8		year to the product of the incremental annual goals
9		established in paragraphs (1) and (2) of subsection
10		(b-16) and the minimum average savings lives
11		established in paragraph (3) of subsection (b-16), as
12		modified, if applicable, by the Commission under
13		paragraph (4) of subsection (f) of this Section. For
14		the purposes of this paragraph (8.5), "lifetime
15		savings" means the total incremental savings that
16		installed efficiency measures are projected to
17		produce, relative to what would have occurred absent
18		to the utility's efficiency programs, over the useful
19		lives of the measures. Performance on the energy
20		savings goal, and coincident peak demand savings if a
21		utility serves less than 3,000,000 retail customers
22		but more than 500,000 retail customers in the State,
23		shall be assessed separately, such that it is possible
24		to earn penalties on both, earn bonuses on both, or
25		earn a bonus for performance on one goal and a penalty
26		on the other.

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1		(C) No bonus shall be earned if a utility does not
2		achieve greater than 100% of an approved goal. The
3		maximum bonus for a goal shall be earned if the utility
4		achieves 125% of the unmodified goal. For a utility
5		that serves less than 3,000,000 retail customers but
6		more than 500,000 retail customers in the State, the
7		bonus earned for achieving more than 100% of an
8		approved goal but less than 125% of the unmodified
9		goal shall be linearly interpolated. For a utility
10		with more than 3,000,000 retail customers, the maximum
11		bonus for a goal shall be earned if the utility
12		achieves 125% of the unmodified goal. For a utility
13		with more than 3,000,000 retail customers, the bonus
14		earned for achieving more than 100% of an approved
15		goal but less than 125% of the unmodified goal shall be
16		linearly interpolated.
17		(D) For utilities with greater than 3,000,000
18		retail customers, the return on equity shall be
19		unmodified due to performance on an individual goal
20		only if the utility achieves exactly 100% of the goal.
21		For utilities with more than 500,000 but fewer than
22		3,000,000 retail customers, the return on equity shall
23		be unmodified for achieving between 85% and 100% of
24		the goal.
25		(E) Penalties may be earned for falling short of
26		goals, with the magnitude of any penalty being a

HB3595 Enrolled - 567 - LRB104 08153 BAB 18201 b
1		function of both the size of the utility and whether
2		goals established in subsection (b-16) are modified by
3		the Commission under paragraph (4) of subsection (f)
4		of this Section, as follows:
5		(i) If the savings goals specified in
6		subsection (b-16) of this Section are unmodified,
7		a utility with more than 3,000,000 retail
8		customers shall earn the maximum penalty allocated
9		to a goal for achieving 75% or less of the goal.
10		The penalty for achieving greater than 75% but
11		less than 100% of the goal shall be linearly
12		interpolated.
13		(ii) If the savings goals specified in
14		subsection (b-16) of this Section are unmodified,
15		a utility with more than 500,000 but fewer than
16		3,000,000 retail customers shall earn the maximum
17		penalty allocated to a goal for achieving at least
18		33.3 percentage points less than the bottom end of
19		the deadband specified in subparagraph (D) of this
20		paragraph (8.5). The penalty for achieving less
21		than the bottom end of the deadband and greater
22		than 33.3 percentage points less than the bottom
23		end of the deadband shall be linearly
24		interpolated.
25		(iii) If either the energy or peak demand
26		savings goals specified in subsection (b-16) are

HB3595 Enrolled - 568 - LRB104 08153 BAB 18201 b
1		reduced under paragraph (3) or (4) of subsection
2		(f) of this Section, the maximum penalty allocated
3		to a goal shall be earned if the utility achieves
4		80% or less of the modified goal. The penalty for
5		achieving more than 80% but less than 100% of a
6		modified goal shall be linearly interpolated.
7		(9) The utility shall submit the energy savings data
8		to the independent evaluator no later than 30 days after
9		the close of the plan year. The independent evaluator
10		shall determine the cumulative persisting annual savings
11		and annual incremental savings for a given plan year, as
12		well as an estimate of job impacts and other macroeconomic
13		impacts of the efficiency programs for that year, no later
14		than 120 days after the close of the plan year. The utility
15		shall submit an informational filing to the Commission no
16		later than 160 days after the close of the plan year that
17		attaches the independent evaluator's final report
18		identifying the cumulative persisting annual savings for
19		the year and calculates, under paragraph (7) or (8) of
20		this subsection (g), as applicable, any resulting change
21		to the utility's return on equity component of the
22		weighted average cost of capital applicable to the next
23		plan year beginning with the January monthly billing
24		period and extending through the December monthly billing
25		period. However, if the utility recovers the costs
26		incurred under this Section under paragraphs (2) and (3)

HB3595 Enrolled - 569 - LRB104 08153 BAB 18201 b
1		of subsection (d) of this Section, then the utility shall
2		not be required to submit such informational filing, and
3		shall instead submit the information that would otherwise
4		be included in the informational filing as part of its
5		filing under paragraph (3) of such subsection (d) that is
6		due on or before June 1 of each year.
7		For those utilities that must submit the informational
8		filing, the Commission may, on its own motion or by
9		petition, initiate an investigation of such filing,
10		provided, however, that the utility's proposed return on
11		equity calculation shall be deemed the final, approved
12		calculation on December 15 of the year in which it is filed
13		unless the Commission enters an order on or before
14		December 15, after notice and hearing, that modifies such
15		calculation consistent with this Section.
16		The adjustments to the return on equity component
17		described in paragraphs (7) and (8) of this subsection (g)
18		shall be applied as described in such paragraphs through a
19		separate tariff mechanism, which shall be filed by the
20		utility under subsections (f) and (g) of this Section.
21		(9.5) The utility must demonstrate how it will ensure
22		that program implementation contractors and energy
23		efficiency installation vendors will promote workforce
24		equity and quality jobs. For all construction,
25		installation, or other related services procured under
26		this Section, an electric utility must:

HB3595 Enrolled - 570 - LRB104 08153 BAB 18201 b
1		(A) award a bid preference of 2% to a contractor if
2		the contractor certifies under oath that the
3		contractor's primary place of business is located
4		within the utility's service area; and
5		(B) award a bid preference of 2% to a contractor if
6		the contractor certifies under oath that at least 85%
7		of the workforce to be utilized for such construction,
8		installation, or other related services reside in the
9		utility's service area.
10		(9.6) Utilities shall collect data necessary to ensure
11		compliance with paragraph (9.5) no less than quarterly and
12		shall communicate progress toward compliance with
13		paragraph (9.5) to program implementation contractors and
14		energy efficiency installation vendors no less than
15		quarterly. Utilities shall work with relevant vendors,
16		providing education, training, and other resources needed
17		to ensure compliance and, where necessary, adjusting or
18		terminating work with vendors that cannot assist with
19		compliance.
20		(10) Utilities required to implement efficiency
21		programs under subsections (b-5), (b-10), and (b-16) shall
22		report annually to the Illinois Commerce Commission and
23		the General Assembly on how hiring, contracting, job
24		training, and other practices related to its energy
25		efficiency programs enhance the diversity of vendors
26		working on such programs. These reports must include data

HB3595 Enrolled - 571 - LRB104 08153 BAB 18201 b
1		on vendor and employee diversity, including data on the
2		implementation of paragraphs (9.5) and (9.6) and the
3		proportion of total program dollars awarded to firms that
4		meet the criteria of subparagraphs (A) and (B) of
5		paragraph (9.5). If the utility is not meeting the
6		requirements of paragraphs (9.5) and (9.6), the utility
7		shall submit a plan to adjust their activities so that
8		they meet the requirements of paragraphs (9.5) and (9.6)
9		within the following year.
10		(h) No more than 4% of energy efficiency and
11		demand-response program revenue may be allocated for research,
12		development, or pilot deployment of new equipment or measures.
13		Electric utilities shall work with interested stakeholders to
14		formulate a plan for how these funds should be spent,
15		incorporate statewide approaches for these allocations, and
16		file a 4-year plan that demonstrates that collaboration. If a
17		utility files a request for modified annual energy savings
18		goals with the Commission, then a utility shall forgo spending
19		portfolio dollars on research and development proposals.
20		(i) When practicable, electric utilities shall incorporate
21		advanced metering infrastructure data into the planning,
22		implementation, and evaluation of energy efficiency measures
23		and programs, subject to the data privacy and confidentiality
24		protections of applicable law.
25		(j) The independent evaluator shall follow the guidelines
26		and use the savings set forth in Commission-approved energy

HB3595 Enrolled - 572 - LRB104 08153 BAB 18201 b
1		efficiency policy manuals and technical reference manuals, as
2		each may be updated from time to time. Until such time as
3		measure life values for energy efficiency measures implemented
4		for low-income households under subsection (c) of this Section
5		are incorporated into such Commission-approved manuals, the
6		low-income measures shall have the same measure life values
7		that are established for same measures implemented in
8		households that are not low-income households.
9		(k) Notwithstanding any provision of law to the contrary,
10		an electric utility subject to the requirements of this
11		Section may file a tariff cancelling an automatic adjustment
12		clause tariff in effect under this Section or Section 8-103,
13		which shall take effect no later than one business day after
14		the date such tariff is filed. Thereafter, the utility shall
15		be authorized to defer and recover its expenditures incurred
16		under this Section through a new tariff authorized under
17		subsection (d) of this Section or in the utility's next rate
18		case under Article IX or Section 16-108.5 of this Act, with
19		interest at an annual rate equal to the utility's weighted
20		average cost of capital as approved by the Commission in such
21		case. If the utility elects to file a new tariff under
22		subsection (d) of this Section, the utility may file the
23		tariff within 10 days after June 1, 2017 (the effective date of
24		Public Act 99-906), and the cost inputs to such tariff shall be
25		based on the projected costs to be incurred by the utility
26		during the calendar year in which the new tariff is filed and

HB3595 Enrolled - 573 - LRB104 08153 BAB 18201 b
1		that were not recovered under the tariff that was cancelled as
2		provided for in this subsection. Such costs shall include
3		those incurred or to be incurred by the utility under its
4		multi-year plan approved under subsections (f) and (g) of this
5		Section, including, but not limited to, projected capital
6		investment costs and projected regulatory asset balances with
7		correspondingly updated depreciation and amortization reserves
8		and expense. The Commission shall, after notice and hearing,
9		approve, or approve with modification, such tariff and cost
10		inputs no later than 75 days after the utility filed the
11		tariff, provided that such approval, or approval with
12		modification, shall be consistent with the provisions of this
13		Section to the extent they do not conflict with this
14		subsection (k). The tariff approved by the Commission shall
15		take effect no later than 5 days after the Commission enters
16		its order approving the tariff.
17		No later than 60 days after the effective date of the
18		tariff cancelling the utility's automatic adjustment clause
19		tariff, the utility shall file a reconciliation that
20		reconciles the moneys collected under its automatic adjustment
21		clause tariff with the costs incurred during the period
22		beginning June 1, 2016 and ending on the date that the electric
23		utility's automatic adjustment clause tariff was cancelled. In
24		the event the reconciliation reflects an under-collection, the
25		utility shall recover the costs as specified in this
26		subsection (k). If the reconciliation reflects an

HB3595 Enrolled - 574 - LRB104 08153 BAB 18201 b
1		over-collection, the utility shall apply the amount of such
2		over-collection as a one-time credit to retail customers'
3		bills.
4		(l) For the calendar years covered by a multi-year plan
5		commencing after December 31, 2017, subsections (a) through
6		(j) of this Section do not apply to eligible large private
7		energy customers that have chosen to opt out of multi-year
8		plans consistent with this subsection (1).
9		(1) For purposes of this subsection (l), "eligible
10		large private energy customer" means any retail customers,
11		except for federal, State, municipal, and other public
12		customers, of an electric utility that serves more than
13		3,000,000 retail customers, except for federal, State,
14		municipal and other public customers, in the State and
15		whose total highest 30 minute demand was more than 10,000
16		kilowatts, or any retail customers of an electric utility
17		that serves less than 3,000,000 retail customers but more
18		than 500,000 retail customers in the State and whose total
19		highest 15 minute demand was more than 10,000 kilowatts.
20		For purposes of this subsection (l), "retail customer" has
21		the meaning set forth in Section 16-102 of this Act.
22		However, for a business entity with multiple sites located
23		in the State, where at least one of those sites qualifies
24		as an eligible large private energy customer, then any of
25		that business entity's sites, properly identified on a
26		form for notice, shall be considered eligible large

HB3595 Enrolled - 575 - LRB104 08153 BAB 18201 b
1		private energy customers for the purposes of this
2		subsection (l). A determination of whether this subsection
3		is applicable to a customer shall be made for each
4		multi-year plan beginning after December 31, 2017. The
5		criteria for determining whether this subsection (l) is
6		applicable to a retail customer shall be based on the 12
7		consecutive billing periods prior to the start of the
8		first year of each such multi-year plan.
9		(2) Within 45 days after September 15, 2021 (the
10		effective date of Public Act 102-662), the Commission
11		shall prescribe the form for notice required for opting
12		out of energy efficiency programs. The notice must be
13		submitted to the retail electric utility 12 months before
14		the next energy efficiency planning cycle. However, within
15		120 days after the Commission's initial issuance of the
16		form for notice, eligible large private energy customers
17		may submit a form for notice to an electric utility. The
18		form for notice for opting out of energy efficiency
19		programs shall include all of the following:
20		(A) a statement indicating that the customer has
21		elected to opt out;
22		(B) the account numbers for the customer accounts
23		to which the opt out shall apply;
24		(C) the mailing address associated with the
25		customer accounts identified under subparagraph (B);
26		(D) an American Society of Heating, Refrigerating,

HB3595 Enrolled - 576 - LRB104 08153 BAB 18201 b
1		and Air-Conditioning Engineers (ASHRAE) level 2 or
2		higher audit report conducted by an independent
3		third-party expert identifying cost-effective energy
4		efficiency project opportunities that could be
5		invested in over the next 10 years. A retail customer
6		with specialized processes may utilize a self-audit
7		process in lieu of the ASHRAE audit;
8		(E) a description of the customer's plans to
9		reallocate the funds toward internal energy efficiency
10		efforts identified in the subparagraph (D) report,
11		including, but not limited to: (i) strategic energy
12		management or other programs, including descriptions
13		of targeted buildings, equipment and operations; (ii)
14		eligible energy efficiency measures; and (iii)
15		expected energy savings, itemized by technology. If
16		the subparagraph (D) audit report identifies that the
17		customer currently utilizes the best available energy
18		efficient technology, equipment, programs, and
19		operations, the customer may provide a statement that
20		more efficient technology, equipment, programs, and
21		operations are not reasonably available as a means of
22		satisfying this subparagraph (E); and
23		(F) the effective date of the opt out, which will
24		be the next January 1 following notice of the opt out.
25		(3) Upon receipt of a properly and timely noticed
26		request for opt out submitted by an eligible large private

HB3595 Enrolled - 577 - LRB104 08153 BAB 18201 b
1		energy customer, the retail electric utility shall grant
2		the request, file the request with the Commission and,
3		beginning January 1 of the following year, the opted out
4		customer shall no longer be assessed the costs of the plan
5		and shall be prohibited from participating in that 4-year
6		plan cycle to give the retail utility the certainty to
7		design program plan proposals.
8		(4) Upon a customer's election to opt out under
9		paragraphs (1) and (2) of this subsection (l) and
10		commencing on the effective date of said opt out, the
11		account properly identified in the customer's notice under
12		paragraph (2) shall not be subject to any cost recovery
13		and shall not be eligible to participate in, or directly
14		benefit from, compliance with energy efficiency cumulative
15		persisting savings requirements under subsections (a)
16		through (j).
17		(5) A utility's cumulative persisting annual savings
18		targets will exclude any opted out load.
19		(6) The request to opt out is only valid for the
20		requested plan cycle. An eligible large private energy
21		customer must also request to opt out for future energy
22		plan cycles, otherwise the customer will be included in
23		the future energy plan cycle.
24		(m) Notwithstanding the requirements of this Section, as
25		part of a proceeding to approve a multi-year plan under
26		subsections (f) and (g) of this Section if the multi-year plan

HB3595 Enrolled - 578 - LRB104 08153 BAB 18201 b
1		has been designed to maximize savings, but does not meet the
2		cost cap limitations of this Section, the Commission shall
3		reduce the amount of energy efficiency measures implemented
4		for any single year, and whose costs are recovered under
5		subsection (d) of this Section, by an amount necessary to
6		limit the estimated average net increase due to the cost of the
7		measures to no more than
8		(1) 3.5% for each of the 4 years beginning January 1,
9		2018,
10		(2) (blank),
11		(3) 4% for each of the 4 years beginning January 1,
12		2022,
13		(3.5) 4.25% for 2026,
14		(4) 4.25% for electric utilities that serve more than
15		3,000,000 retail customers in the State, and 4.21% for
16		2027, 5.25% for 2028, and 6.06% for 2029 for electric
17		utilities with less than 3,000,000 retail customers but
18		more than 500,000 retail customers in the State, for the 3
19		years beginning January 1, 2027, and
20		(5) the percentage specified in paragraph (4)
21		applicable to 2029 plus an increase sufficient to account
22		for the rate of inflation between January 1, 2027 and
23		January 1 of the first year of each subsequent 4-year plan
24		cycle,
25		of the average amount paid per kilowatthour by residential
26		eligible retail customers during calendar year 2015 for plans

HB3595 Enrolled - 579 - LRB104 08153 BAB 18201 b
1		in effect through 2026 and during calendar year 2023 for plans
2		commencing in 2027 and thereafter. An electric utility may
3		plan to spend up to 10% more in any year during an applicable
4		multi-year plan period, including any transition period
5		authorized under paragraph (2.5) of subsection (f), to
6		cost-effectively achieve additional savings so long as the
7		average over the applicable multi-year plan period, which
8		shall include any transition period, does not exceed the
9		percentages defined in items (1) through (5). To determine the
10		total amount that may be spent by an electric utility in any
11		single year, the applicable percentage of the average amount
12		paid per kilowatthour shall be multiplied by the total amount
13		of energy delivered by such electric utility in the calendar
14		year 2015 for plans in effect through 2026 and during calendar
15		year 2023 for plans commencing in 2027 and thereafter,
16		adjusted to reflect the proportion of the utility's load
17		attributable to customers that have opted out of subsections
18		(a) through (j) of this Section under subsection (l) of this
19		Section. For purposes of this subsection (m), the amount paid
20		per kilowatthour includes, without limitation, estimated
21		amounts paid for supply, transmission, distribution,
22		surcharges, and add-on taxes. For purposes of this Section,
23		"eligible retail customers" shall have the meaning set forth
24		in Section 16-111.5 of this Act. Once the Commission has
25		approved a plan under subsections (f) and (g) of this Section,
26		no subsequent rate impact determinations shall be made.

HB3595 Enrolled - 580 - LRB104 08153 BAB 18201 b
1		(n) A utility shall take advantage of the efficiencies
2		available through existing Illinois Home Weatherization
3		Assistance Program infrastructure and services, such as
4		enrollment, marketing, quality assurance and implementation,
5		which can reduce the need for similar services at a lower cost
6		than utility-only programs, subject to capacity constraints at
7		community action agencies, for both single-family and
8		multifamily weatherization services, to the extent Illinois
9		Home Weatherization Assistance Program community action
10		agencies provide multifamily services. A utility's plan shall
11		demonstrate that in formulating annual weatherization budgets,
12		it has sought input and coordination with community action
13		agencies regarding agencies' capacity to expand and maximize
14		Illinois Home Weatherization Assistance Program delivery using
15		the ratepayer dollars collected under this Section.
16		(Source: P.A. 103-154, eff. 6-30-23; 103-613, eff. 7-1-24;
17		104-458, eff. 6-1-26.)
18		Section 180. The Child Care Act of 1969 is amended by
19		changing Sections 2.09, 2.11, 2.18, 2.20, 3, 3.01, 3.7, 3.8,
20		4, 4.01, 4.1, 4.2, 4.2a, 4.3, 4.3a, 4.4, 4.4a, 4.5, 5, 5.01,
21		5.1, 5.1a, 5.2, 5.2a, 5.3, 5.5, 5.6, 5.8, 5.9, 5.10, 5.11,
22		5.12, 6, 7, 7.10, 8, 8.1, 8.2, 8.5, 8a, 8.1a, 8.2a, 8.6, 9,
23		9.01, 9.1c, 9.2, 10, 11.2, 11.3, 12, 12.1, 15, 15.1, 16.1, 18,
24		and 18.1 and by adding Section 2.41 as follows:

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1		(225 ILCS 10/2.09)
2		(Text of Section before amendment by P.A. 103-594)
3		Sec. 2.09. "Day care center" means any child care facility
4		which regularly provides day care for less than 24 hours per
5		day, except as provided for in Section 5.12, for (1) more than
6		8 children in a family home, or (2) more than 3 children in a
7		facility other than a family home, including senior citizen
8		buildings.
9		The term does not include:
10		(a) programs operated by (i) public or private
11		elementary school systems or secondary level school units
12		or institutions of higher learning that serve children who
13		shall have attained the age of 3 years or (ii) private
14		entities on the grounds of public or private elementary or
15		secondary schools and that serve children who have
16		attained the age of 3 years, except that this exception
17		applies only to the facility and not to the private
18		entities' personnel operating the program;
19		(b) programs or that portion of the program which
20		serves children who shall have attained the age of 3 years
21		and which are recognized by the State Board of Education;
22		(c) educational program or programs serving children
23		who shall have attained the age of 3 years and which are
24		operated by a school which is registered with the State
25		Board of Education and which is recognized or accredited
26		by a recognized national or multistate educational

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1		organization or association which regularly recognizes or
2		accredits schools;
3		(d) programs which exclusively serve or that portion
4		of the program which serves children with disabilities who
5		shall have attained the age of 3 years but are less than 21
6		years of age and which are registered and approved as
7		meeting standards of the State Board of Education and
8		applicable fire marshal standards;
9		(e) facilities operated in connection with a shopping
10		center or service, religious services, or other similar
11		facility, where transient children are cared for
12		temporarily while parents or custodians of the children
13		are occupied on the premises and readily available;
14		(f) any type of day care center that is conducted on
15		federal government premises;
16		(g) special activities programs, including athletics,
17		recreation, crafts instruction, and similar activities
18		conducted on a periodic basis by civic, charitable, or
19		governmental organizations, including, but not limited to,
20		programs offered by arboretums or park districts organized
21		under the Park District Code to children who shall have
22		attained the age of 3 years old if the program meets no
23		more than 3.5 continuous hours at a time or less and no
24		more than 25 hours during any week, and the park district
25		conducts background investigations on employees of the
26		program pursuant to Section 8-23 of the Park District Code

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1		or the arboretum conducts background investigations on
2		employees of the program pursuant to this Act;
3		(h) part day child care facilities, as defined in
4		Section 2.10 of this Act;
5		(i) programs or that portion of the program which:
6		(1) serves children who shall have attained the
7		age of 3 years;
8		(2) is operated by churches or religious
9		institutions as described in Section 501(c)(3) of the
10		federal Internal Revenue Code;
11		(3) receives no governmental aid;
12		(4) is operated as a component of a religious,
13		nonprofit elementary school;
14		(5) operates primarily to provide religious
15		education; and
16		(6) meets appropriate State or local health and
17		fire safety standards; or
18		(j) programs or portions of programs that:
19		(1) serve only school-age children and youth
20		(defined as full-time kindergarten children, as
21		defined in 89 Ill. Adm. Code 407.45, or older);
22		(2) are organized to promote childhood learning,
23		child and youth development, educational or
24		recreational activities, or character-building;
25		(3) operate primarily during out-of-school time or
26		at times when school is not normally in session;

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1		(4) comply with the standards of the Illinois
2		Department of Public Health (77 Ill. Adm. Code 750) or
3		the local health department, the Illinois State Fire
4		Marshal (41 Ill. Adm. Code 100), and the following
5		additional health and safety requirements: procedures
6		for employee and volunteer emergency preparedness and
7		practice drills; procedures to ensure that first aid
8		kits are maintained and ready to use; the placement of
9		a minimum level of liability insurance as determined
10		by the Department; procedures for the availability of
11		a working telephone that is onsite and accessible at
12		all times; procedures to ensure that emergency phone
13		numbers are posted onsite; and a restriction on
14		handgun or weapon possession onsite, except if
15		possessed by a peace officer;
16		(5) perform and maintain authorization and results
17		of criminal history checks through the Illinois State
18		Police and FBI and checks of the Illinois Sex Offender
19		Registry, the National Sex Offender Registry, and
20		Child Abuse and Neglect Tracking System for employees
21		and volunteers who work directly with children;
22		(6) make hiring decisions in accordance with the
23		prohibitions against barrier crimes as specified in
24		Section 4.2 of this Act or in Section 21B-80 of the
25		School Code;
26		(7) provide parents with written disclosure that

HB3595 Enrolled - 585 - LRB104 08153 BAB 18201 b
1		the operations of the program are not regulated by
2		licensing requirements; and
3		(8) obtain and maintain records showing the first
4		and last name and date of birth of the child, name,
5		address, and telephone number of each parent,
6		emergency contact information, and written
7		authorization for medical care.
8		Programs or portions of programs requesting Child Care
9		Assistance Program (CCAP) funding and otherwise meeting the
10		requirements under item (j) shall request exemption from the
11		Department and be determined exempt prior to receiving funding
12		and must annually meet the eligibility requirements and be
13		appropriate for payment under the CCAP.
14		Programs or portions of programs under item (j) that do
15		not receive State or federal funds must comply with staff
16		qualification and training standards established by rule by
17		the Department of Human Services. The Department of Human
18		Services shall set such standards after review of Afterschool
19		for Children and Teens Now (ACT Now) evidence-based quality
20		standards developed for school-age out-of-school time
21		programs, feedback from the school-age out-of-school time
22		program professionals, and review of out-of-school time
23		professional development frameworks and quality tools.
24		Out-of-school time programs for school-age youth that
25		receive State or federal funds must comply with only those
26		staff qualifications and training standards set for the

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1		program by the State or federal entity issuing the funds.
2		For purposes of items (a), (b), (c), (d), and (i) of this
3		Section, "children who shall have attained the age of 3 years"
4		shall mean children who are 3 years of age, but less than 4
5		years of age, at the time of enrollment in the program.
6		(Source: P.A. 103-153, eff. 6-30-23; 103-952, eff. 1-1-25;
7		104-45, eff. 1-1-26; 104-417, eff. 8-15-25.)
8		(Text of Section after amendment by P.A. 103-594)
9		Sec. 2.09. "Early care and education Day care center"
10		means any early care and education provider that child care
11		facility which regularly provides early care and education day
12		care for less than 24 hours per day, except as provided for in
13		Section 5.12, for (1) more than 8 children in a family home, or
14		(2) more than 3 children in a location facility other than a
15		family home, including senior citizen buildings.
16		The term does not include:
17		(a) programs operated by (i) public or private
18		elementary school systems or secondary level school units
19		or institutions of higher learning that serve children who
20		shall have attained the age of 3 years or (ii) private
21		entities on the grounds of public or private elementary or
22		secondary schools and that serve children who have
23		attained the age of 3 years, except that this exception
24		applies only to the facility and not to the private
25		entities' personnel operating the program;

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1		(b) programs or that portion of the program which
2		serves children who shall have attained the age of 3 years
3		and which are recognized by the State Board of Education;
4		(c) educational program or programs serving children
5		who shall have attained the age of 3 years and which are
6		operated by a school which is registered with the State
7		Board of Education and which is recognized or accredited
8		by a recognized national or multistate educational
9		organization or association which regularly recognizes or
10		accredits schools;
11		(d) programs which exclusively serve or that portion
12		of the program which serves children with disabilities who
13		shall have attained the age of 3 years but are less than 21
14		years of age and which are registered and approved as
15		meeting standards of the State Board of Education and
16		applicable fire marshal standards;
17		(e) facilities operated in connection with a shopping
18		center or service, religious services, or other similar
19		facility, where transient children are cared for
20		temporarily while parents or custodians of the children
21		are occupied on the premises and readily available;
22		(f) any type of day care center that is conducted on
23		federal government premises;
24		(g) special activities programs, including athletics,
25		recreation, crafts instruction, and similar activities
26		conducted on a periodic basis by civic, charitable, or

HB3595 Enrolled - 588 - LRB104 08153 BAB 18201 b
1		governmental organizations, including, but not limited to,
2		programs offered by arboretums or park districts organized
3		under the Park District Code to children who shall have
4		attained the age of 3 years old if the program meets no
5		more than 3.5 continuous hours at a time or less and no
6		more than 25 hours during any week, and the park district
7		conducts background investigations on employees of the
8		program pursuant to Section 8-23 of the Park District Code
9		or the arboretum conducts background investigations on
10		employees of the program pursuant to this Act;
11		(h) part day child care facilities, as defined in
12		Section 2.10 of this Act;
13		(i) programs or that portion of the program which:
14		(1) serves children who shall have attained the
15		age of 3 years;
16		(2) is operated by churches or religious
17		institutions as described in Section 501(c)(3) of the
18		federal Internal Revenue Code;
19		(3) receives no governmental aid;
20		(4) is operated as a component of a religious,
21		nonprofit elementary school;
22		(5) operates primarily to provide religious
23		education; and
24		(6) meets appropriate State or local health and
25		fire safety standards; or
26		(j) programs or portions of programs that:

HB3595 Enrolled - 589 - LRB104 08153 BAB 18201 b
1		(1) serve only school-age children and youth
2		(defined as full-time kindergarten children, as
3		defined in 89 Ill. Adm. Code 407.45, or older);
4		(2) are organized to promote childhood learning,
5		child and youth development, educational or
6		recreational activities, or character-building;
7		(3) operate primarily during out-of-school time or
8		at times when school is not normally in session;
9		(4) comply with the standards of the Illinois
10		Department of Public Health (77 Ill. Adm. Code 750) or
11		the local health department, the Illinois State Fire
12		Marshal (41 Ill. Adm. Code 100), and the following
13		additional health and safety requirements: procedures
14		for employee and volunteer emergency preparedness and
15		practice drills; procedures to ensure that first aid
16		kits are maintained and ready to use; the placement of
17		a minimum level of liability insurance as determined
18		by the Department; procedures for the availability of
19		a working telephone that is onsite and accessible at
20		all times; procedures to ensure that emergency phone
21		numbers are posted onsite; and a restriction on
22		handgun or weapon possession onsite, except if
23		possessed by a peace officer;
24		(5) perform and maintain authorization and results
25		of criminal history checks through the Illinois State
26		Police and FBI and checks of the Illinois Sex Offender

HB3595 Enrolled - 590 - LRB104 08153 BAB 18201 b
1		Registry, the National Sex Offender Registry, and
2		Child Abuse and Neglect Tracking System for employees
3		and volunteers who work directly with children;
4		(6) make hiring decisions in accordance with the
5		prohibitions against barrier crimes as specified in
6		Section 4.2 of this Act or in Section 21B-80 of the
7		School Code;
8		(7) provide parents with written disclosure that
9		the operations of the program are not regulated by
10		licensing requirements; and
11		(8) obtain and maintain records showing the first
12		and last name and date of birth of the child, name,
13		address, and telephone number of each parent,
14		emergency contact information, and written
15		authorization for medical care.
16		Out-of-school time programs for school-age youth that
17		receive State or federal funds must comply with only those
18		staff qualifications and training standards set for the
19		program by the State or federal entity issuing the funds.
20		For purposes of items (a), (b), (c), (d), and (i) of this
21		Section, "children who shall have attained the age of 3 years"
22		shall mean children who are 3 years of age, but less than 4
23		years of age, at the time of enrollment in the program.
24		(Source: P.A. 103-153, eff. 6-30-23; 103-594, eff. 7-1-26;
25		103-952, eff. 1-1-25; 104-45, eff. 1-1-26; 104-417, eff.
26		8-15-25.)

HB3595 Enrolled - 591 - LRB104 08153 BAB 18201 b
1		(225 ILCS 10/2.11)  (from Ch. 23, par. 2212.11)
2		(Section scheduled to be repealed on July 1, 2026)
3		Sec. 2.11. "Early care and education center Day care
4		agency" means any person, group of persons, public or private
5		agency, association or organization which undertakes to
6		provide one or more early care and education day care homes
7		with administrative services including, but not limited to,
8		consultation, technical assistance, training, supervision,
9		evaluation and provision of or referral to health and social
10		services under contractual arrangement.
11		(Source: P.A. 83-126. Repealed by P.A. 103-594, eff. 7-1-26.)
12		(225 ILCS 10/2.18)  (from Ch. 23, par. 2212.18)
13		Sec. 2.18. "Early care and education Day care homes" means
14		family homes which receive more than 3 up to a maximum of 12
15		children for less than 24 hours per day. The number counted
16		includes the family's natural or adopted children and all
17		other persons under the age of 12. The term does not include
18		locations that facilities which receive only children from a
19		single household.
20		(Source: P.A. 87-674.)
21		(225 ILCS 10/2.20)  (from Ch. 23, par. 2212.20)
22		Sec. 2.20. "Group early care and education day care home"
23		means a family home which receives more than 3 up to a maximum

HB3595 Enrolled - 592 - LRB104 08153 BAB 18201 b
1		of 16 children for less than 24 hours per day. The number
2		counted includes the family's natural or adopted children and
3		all other persons under the age of 12.
4		(Source: P.A. 87-675)
5		(225 ILCS 10/2.41 new)
6		Sec. 2.41. Supervisor of children. "Supervisor of
7		children" means an individual on site who is tasked with being
8		aware of and being responsible for the ongoing safety and
9		activity of each child, including requiring all children to be
10		within the individual's vision and auditory range while also
11		adapting to necessary privacy considerations, and who is close
12		enough to the children to respond to a problem if necessary.
13		(225 ILCS 10/3)
14		(Text of Section before amendment by P.A. 103-594)
15		Sec. 3. (a) No person, group of persons or corporation may
16		operate or conduct any facility for child care, as defined in
17		this Act, without a license or permit issued by the Department
18		or without being approved by the Department as meeting the
19		standards established for such licensing, with the exception
20		of facilities for whom standards are established by the
21		Department of Corrections under Section 3-15-2 of the Unified
22		Code of Corrections, with the exception of facilities defined
23		in Section 2.10 of this Act, and with the exception of programs
24		or facilities licensed by the Department of Human Services

HB3595 Enrolled - 593 - LRB104 08153 BAB 18201 b
1		under the Substance Use Disorder Act.
2		(b) No part day child care facility as described in
3		Section 2.10 may operate without written notification to the
4		Department or without complying with Section 7.1. Notification
5		shall include a notarized statement by the facility that the
6		facility complies with State or local health standards and
7		State fire safety standards and shall be filed with the
8		department every 2 years.
9		(c) The Director of the Department shall establish
10		policies and coordinate activities relating to child care
11		licensing, licensing of day care homes and day care centers.
12		(d) Any facility or agency which is exempt from licensing
13		may apply for licensing if licensing is required for some
14		government benefit.
15		(e) A provider of day care described in items (a) through
16		(j) of Section 2.09 of this Act is exempt from licensure. The
17		Department shall provide written verification of exemption and
18		description of compliance with standards for the health,
19		safety, and development of the children who receive the
20		services upon submission by the provider of, in addition to
21		any other documentation required by the Department, a
22		notarized statement that the facility complies with: (1) the
23		standards of the Department of Public Health or local health
24		department, (2) the fire safety standards of the State Fire
25		Marshal, and (3) if operated in a public school building, the
26		health and safety standards of the State Board of Education.

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1		(f) Through June 30, 2029, either a qualified child care
2		director, as described in 89 Ill. Adm. Code 407.130, or a
3		qualified early childhood teacher, as described in 89 Ill.
4		Adm. Code 407.140, with a minimum of 2,880 hours of experience
5		as an early childhood teacher at the early childhood teacher's
6		current facility must be present for the first and last hour of
7		the workday and at the open or close of the facility. The
8		Department shall adopt rules to implement this subsection.
9		Such rules must be filed with the Joint Committee on
10		Administrative Rules no later than January 1, 2025.
11		(Source: P.A. 103-821, eff. 8-9-24; 104-417, eff. 8-15-25.)
12		(Text of Section after amendment by P.A. 103-594)
13		Sec. 3. (a) No person, group of persons, or corporation
14		may operate or conduct any early care and education center,
15		early care and education home, or group early care and
16		education home facility for child care, as defined in this
17		Act, without a license or permit issued by the Department of
18		Children and Family Services before July 1, 2026 or issued by
19		the Department of Early Childhood on and after July 1, 2026 or
20		without being approved by the Department of Early Childhood as
21		meeting the standards established for such licensing, with the
22		exception of early care and education settings described in
23		subsections (d-5) and (d-10). with the exception of facilities
24		for whom standards are established by the Department of
25		Corrections under Section 3-15-2 of the Unified Code of

HB3595 Enrolled - 595 - LRB104 08153 BAB 18201 b
1		Corrections, with the exception of facilities defined in
2		Section 2.10 of this Act, with the exception of programs or
3		facilities licensed by the Department of Human Services under
4		the Substance Use Disorder Act, and with the exception of day
5		care centers, day care homes, and group day care homes.
6		(a-5) The Secretary of Early Childhood shall establish
7		policies and coordinate activities relating to the licensing
8		of early care and education homes, group early care and
9		education homes, and early care and education centers, and the
10		registration of Recognized Alternative Providers under
11		subsection (d-15).
12		(b) (Blank).
13		(c) (Blank).
14		(d) Any early care and education provider that facility or
15		agency which is not required to be licensed exempt from
16		licensing may apply for a license under this Act licensing if
17		licensing is required for some government benefit.
18		(d-5) A provider of the programs described in this
19		subsection (d-5) is exempt from registration requirements for
20		Recognized Alternative Providers and licensure requirements
21		under this Act.
22		(1) In-home early care and education provided for no
23		more than 3 children under the age of 12, including the
24		provider's natural or adopted children and any other
25		persons under the age of 12 whether related or unrelated
26		to the operator of the early care and education home. A

HB3595 Enrolled - 596 - LRB104 08153 BAB 18201 b
1		provider may care for up to 6 children if all such children
2		are from the same household. A provider of non-licensed
3		in-home early care and education must notify the parent or
4		guardian of each child that the program is operating
5		pursuant to an exemption from licensure.
6		For purposes of this subsection, "children from the
7		same household" means children that are blood-related,
8		adopted, or stepchildren or children that were placed in a
9		home through foster care that are under the age of 12 years
10		and living in the same home.
11		(2) Supplementary early care and education operations
12		for facilities that provide activities, including, but not
13		limited to, retail shopping, exercise, or religious
14		activities, as long as children are in care for no longer
15		than 2 hours per day and the provider does not refer to
16		itself as an early care and education center or
17		pre-school. The parent or guardian of the child must
18		remain on the same premises as the child and be readily
19		available. Providers must obtain emergency contact
20		information for each parent or guardian. Providers must
21		notify the parent or guardian that the program is
22		operating pursuant to an exemption from licensure.
23		(3) For children 3 years of age or older,
24		extracurricular programs outside of school hours in music,
25		dance, drama or art, library programs, scouting programs,
26		academic tutoring programs, sports programs, or other

HB3595 Enrolled - 597 - LRB104 08153 BAB 18201 b
1		classes that teach a single skill so long as children who
2		are 3 years and 4 years of age are not participating in
3		such programs for a cumulative total of greater than one
4		hour per day. This subsection (d-5) does not place hour
5		restrictions on extracurricular activities for children 5
6		years of age or older. Extracurricular activities shall
7		not act as an alternative to full-day school or care.
8		Extracurricular programs that use the exemption under this
9		paragraph (3) are not eligible to receive Child Care
10		Assistance Program payments.
11		(4)(A) Programs operated by (i) public or private
12		elementary school systems or secondary level school units
13		or institutions of higher learning that serve children who
14		are at least 3 years of age or (ii) public or private
15		entities on the premises of public or private elementary
16		or secondary schools recognized by the State Board of
17		Education that serve children who are at least 3 years of
18		age. This subparagraph (A) applies only to the facility
19		and any personnel of the private entity operating the
20		program must adhere to applicable background check and
21		training requirements adopted by the Department of Early
22		Childhood; or
23		(B) Educational programs serving children who are at
24		least 3 years of age that are operated on school premises
25		by a school that is registered with the State Board of
26		Education or that is recognized or accredited by a

HB3595 Enrolled - 598 - LRB104 08153 BAB 18201 b
1		recognized national or multistate educational organization
2		or association that regularly recognizes or accredits
3		schools.
4		(5) Any type of early care and education that is
5		conducted on federal government premises, including early
6		care and education centers, early care and education
7		homes, and group early care and education homes serving
8		children of military personnel. Notwithstanding any other
9		provision to the contrary, an early care and education
10		home or group early care and education home may be exempt
11		from licensure if it meets all of the following
12		requirements: (i) it serves dependent children of military
13		personnel, (ii) it is located on a military base or
14		federal or government property, and (iii) it is certified
15		as a child development program by a branch of the U.S.
16		Department of Defense or the U.S. Coast Guard. The U.S.
17		Department of Defense, the U.S. Coast Guard, or their
18		agents, including an installation commander of a military
19		base on which an early care and education home or group
20		early care and education home is located, may assume
21		responsibility for monitoring the early care and education
22		homes or group early care and education homes that are
23		exempt from licensure under this Section.
24		(6) Special activities programs, such as athletics,
25		recreation, crafts instruction, music, dance, drama,
26		sports, or similar activities offered by a unit of local

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1		government, including special activities programs offered
2		by 2 or more units of local government pursuant to the
3		Intergovernmental Cooperation Act, if all of the following
4		are met:
5		(A) State law authorizes the unit of local
6		government to offer the program and an elected or
7		appointed board of the unit of local government has
8		adopted policies governing the operation of the
9		program, pursuant to Section 8-10 of the Park District
10		Code or other applicable law.
11		(B) The program is offered to the following
12		categories of children and the parent or legal
13		guardian of each child has received written
14		acknowledgement that the program is not licensed by
15		the Department under this Act:
16		(i) children at least 5 years of age for no
17		more than 100 continuous days in any 12-month
18		period when school is not in session;
19		(ii) children at least 3 years of age for no
20		more than 3.5 continuous hours at a time; or
21		(iii) children under 3 years of age for no
22		more than one hour at a time.
23		(C) The program does not advertise to the public
24		as a pre-school program, licensed early care and
25		education provider, licensed child care, or licensed
26		day care.

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1		(D) The program conducts the following
2		investigations on all employees of the program no less
3		than once every 5 years:
4		(i) background investigations pursuant to
5		Section 8-23 of the Park District Code, Section
6		16a-5 of the Chicago Park District Act, or other
7		applicable law;
8		(ii) a name check against State and national
9		sex offender registries; and
10		(iii) a Child Abuse and Neglect Tracking
11		System (CANTS) name check through the Department
12		at no cost to the unit of local government.
13		(E) The program conducts the following
14		investigations on all volunteers of the program no
15		less than once every 5 years:
16		(i) background investigations pursuant to
17		Section 8-23 of the Park District Code, Section
18		16a-5 of the Chicago Park District Act, or other
19		applicable law;
20		(ii) a name check against State and national
21		sex offender registries; and
22		(iii) a Child Abuse and Neglect Tracking
23		System (CANTS) name check through the Department
24		at no cost to the unit of local government.
25		(F) The unit of local government has an emergency
26		preparedness and response plan for the location of the

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1		special activities program.
2		(G) The program does not participate in the Child
3		Care Assistance Program (CCAP) or receive funding
4		pursuant to the Early Childhood Block Grant.
5		(7) A municipality, or 2 or more municipalities
6		pursuant to the Intergovernmental Cooperation Act, if it
7		meets the provisions of subparagraphs (B) through (G) of
8		paragraph (6) of this subsection (d-5) when applicable.
9		(d-10) A provider of the programs described in this
10		subsection (d-10) are exempt from licensure requirements under
11		this Act and must register as Recognized Alternative
12		Providers.
13		(1) Part day programs for children 3 years of age
14		until they reach 5 years of age or begin kindergarten,
15		whichever is later, where the child is present for a
16		maximum of 3 hours per day and the parent or guardian is
17		not on site. Providers must obtain emergency contact
18		information for parents or guardians.
19		(2) Programs or portions of programs that serve
20		children who have reached 3 years of age in full early care
21		and education, are operated by a church or religious
22		institution organized under Section 501(c)(3) of the
23		Internal Revenue Code, and that receives no governmental
24		aid. The programs must be operated as a component of a
25		religious elementary school and must operate to provide
26		religious education. Schools that meet this paragraph (2)

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1		must comply with requirements for Recognized Alternative
2		Providers and provide proof of meeting fire codes, health
3		codes, and age-appropriate first aid and cardiopulmonary
4		resuscitation (CPR) requirements for supervisors of
5		children.
6		(3) Nonresidential programs for children 5 years of
7		age to 12 years of age that have supervisors of children
8		when school is not in session, that act as an alternative
9		to full-day school or care, and that operate for no more
10		than 100 days in any 12-month period, except that the
11		provider may request a waiver for the 100 days limitation
12		in instances of unexpected school closure days. This
13		paragraph (3) includes providers operating summer day
14		camps or summer programs that operate from May through
15		September for children 5 years of age to 12 years of age
16		unless such programs meet the requirements of subsection
17		(d-5).
18		(4) Programs that provide care to children 5 years of
19		age to 12 years of age before or after school hours, as
20		defined by the school district served by the provider.
21		Children may not be on the premises for a cumulative total
22		of greater than 6 hours per day, except for early
23		dismissal days that are outlined by the school district in
24		advance.
25		Recognized Alternative Providers under this subsection
26		(d-10) must comply with all Child Care Assistance Program

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1		requirements to be eligible to receive payments from the Child
2		Care Assistance Program.
3		(d-15) To register as a Recognized Alternative Provider, a
4		provider shall:
5		(1) for home providers, submit a copy of the
6		provider's ID and Social Security Number or, for other
7		types of providers, submit a W-9, an Employer
8		Identification Number, or Articles of Incorporation;
9		(2) complete an attestation that the provider has a
10		current emergency preparedness and response plan in place;
11		(3) submit the current program guide or comparable
12		document; and
13		(4) complete an attestation that the provider is
14		complying with the background check requirements under
15		Section 4.1.
16		Program guides shall include the following information:
17		(i) the ages eligible to participate in the programs, (ii) the
18		dates and times the programs take place, and (iii) the
19		location of the programs.
20		Program guides may be submitted online periodically as
21		needed, but not more than 4 times per year, via a link to the
22		program guide, via a PDF file of the program from the
23		provider's website, or in another electronic format that
24		contains the required information. For programs described in
25		subsection (d-10) that are operated by organizations that are
26		organized under the Park District Code or the Chicago Park

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1		District Act, the requirements of Section 8-23 of the Park
2		District Code or Section 16a-5 of the Chicago Park District
3		Act, whichever is applicable, may be used to meet the
4		fingerprint background check requirements under Section 4.1,
5		except there is still a requirement to check the Child Abuse
6		and Neglect Registry and the Illinois and National Sex
7		Offender Registries for any employee or volunteer who is a
8		supervisor of children.
9		The Department of Early Childhood shall adopt rules to
10		implement this subsection (d-15) and subsection (d-10). When
11		creating rules for this subsection (d-15) and subsection
12		(d-10), the Department shall consult representatives from
13		entities who are eligible to register as Recognized
14		Alternative Providers, including, but not limited to, a
15		statewide organization representing park districts; a
16		non-profit charitable organization that is a place of public
17		gathering, exercise, and recreation; a federally chartered
18		program organized under 36 U.S.C. 311; programs providing
19		services to children who are at least 5 years of age; and other
20		providers of care who want to be involved in the rulemaking
21		process.
22		Recognized Alternative Providers under this subsection
23		(d-15) must comply with all Child Care Assistance Program
24		requirements to be eligible to receive payments from the Child
25		Care Assistance Program.
26		The Department of Early Childhood shall electronically

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1		provide written confirmation of Recognized Alternative
2		Provider status. Recognized Alternative Providers may not
3		advertise or hold themselves out to the public as pre-schools
4		or licensed early care and education providers.
5		(e) (Blank).
6		(f) Registration as a Recognized Alternative Provider
7		shall be valid for 2 years after the date the registration is
8		issued. For early care and education providers who offer
9		multiple programs at one or more sites, as described in
10		subsection (d-10), the Department shall require only one
11		application that outlines all programs the early care and
12		education provider plans to offer. The Department shall
13		evaluate the application and either approve the application or
14		ask for clarification within 10 business days after receipt of
15		the application. If the Department asks for clarification, the
16		Department shall approve the application or seek further
17		clarification within 5 business days after the clarification
18		is provided to the Department. If the Department does not
19		respond within 5 business days after the clarification is
20		provided, the entity shall be deemed approved for programs
21		that do not receive assistance from the Child Care Assistance
22		Program or other State programs. The Department shall provide
23		training and technical assistance to providers who intend to
24		register as Recognized Alternative Providers. Through June 30,
25		2029, either a qualified child care director, as described in
26		89 Ill. Adm. Code 407.130, or a qualified early childhood

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1		teacher, as described in 89 Ill. Adm. Code 407.140, with a
2		minimum of 2,880 hours of experience as an early childhood
3		teacher at the early childhood teacher's current facility must
4		be present for the first and last hour of the workday and at
5		the open or close of the facility. The Department shall adopt
6		rules to implement this subsection. Such rules must be filed
7		with the Joint Committee on Administrative Rules no later than
8		January 1, 2025.
9		(g) Providers that fail to comply with the applicable
10		requirements under this Section shall receive written notice
11		that details the provider's non-compliance and offers
12		technical assistance to correct the non-compliance. Providers
13		that refuse to register or correct the non-compliance shall be
14		required to apply for full licensure under this Act and may be
15		referred to the appropriate State's Attorney and the Attorney
16		General in accordance with Section 11.
17		(h) Subsections (d-10) and (d-15) shall be operative on
18		and after July 1, 2027 for all providers except those who are
19		organized and operate under the Park District Code or Chicago
20		Park District Act. Those providers organized and operating
21		under the Park District Code or Chicago Park District Act
22		shall have until July 1, 2028 to comply with the provisions of
23		this Act. Programs operating under a current 2-year licensing
24		exemption shall be allowed to continue to operate under that
25		exemption until it expires or until July 1, 2028, whichever is
26		later.

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1		(Source: P.A. 103-594, eff. 7-1-26; 103-821, eff. 8-9-24;
2		104-417, eff. 8-15-25.)
3		(225 ILCS 10/3.01)
4		(This Section may contain text from a Public Act with a
5		delayed effective date)
6		Sec. 3.01. License or permit; Department of Early
7		Childhood.
8		(a) No person, group of persons or corporation may operate
9		or conduct any early care and education day care center, early
10		care and education day care home, or group early care and
11		education day care home without a license or permit issued by
12		the Department of Early Childhood or without being approved by
13		the Department of Early Childhood meeting the standards
14		established for such licensing, with the exception of
15		facilities for whom standards are established by the
16		Department of Corrections under Section 3-15-2 of the Unified
17		Code of Corrections and with the exception of part day
18		programs described under paragraph (1) of subsection (d-10) of
19		Section 3 facilities defined in Section 2.10 of this Act, and
20		with the exception of programs or facilities licensed by the
21		Department of Human Services under the Substance Use Disorder
22		Act.
23		(b) No part day program child care facility as described
24		in paragraph (1) of subsection (d-10) of Section 3 Section
25		2.10 may operate without written notification to the

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1		Department of Early Childhood or without complying with
2		Section 7.1. Notification shall include a notarized statement
3		by the provider facility that the provider facility complies
4		with state or local health standards and state fire safety
5		standards, and shall be filed with the Department every 2
6		years.
7		(c) The Secretary of Early Childhood shall establish
8		policies and coordinate activities relating to licensing of
9		early care and education day care centers, group early care
10		and education day care homes, and early care and education day
11		care homes.
12		(d) Any provider facility or agency which is exempt from
13		licensing may apply for licensing if licensing is required for
14		some government benefit.
15		(e) A provider of early care and education day care
16		described in subsection (d-5) or (d-10) of Section 3 items (a)
17		through (j) of Section 2.09 of this Act is exempt from
18		licensure. The Department of Early Childhood shall provide
19		written verification of exemption and description of
20		compliance with standards for the health, safety, and
21		development of the children who receive the services upon
22		submission by the provider of, in addition to any other
23		documentation required by the Department of Early Childhood, a
24		notarized statement that the provider facility complies with:
25		(1) the standards of the Department of Public Health or local
26		health department, (2) the fire safety standards of the State

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1		Fire Marshal, and (3) if operated in a public school building,
2		the health and safety standards of the State Board of
3		Education.
4		(Source: P.A. 103-594, eff. 7-1-26.)
5		(225 ILCS 10/3.8)
6		Sec. 3.8. Licensed early care and education day care
7		centers; immigration enforcement.
8		(a) As used in this Section:
9		"Immigration enforcement action" includes any arrests or
10		detentions conducted by agents or officers of the United
11		States Department of Homeland Security, United States
12		Immigration and Customs Enforcement, or United States Customs
13		and Border Protection or any other individual or entity with
14		the power to arrest or detain individuals or manage custody of
15		detained individuals for the purposes of civil immigration
16		enforcement.
17		"Law enforcement agent" means an agent of federal, State,
18		or local law enforcement authorized with the power to arrest
19		or detain individuals, or manage the custody of detained
20		individuals, for civil immigration enforcement.
21		(b) A licensed early care and education day care center
22		shall not disclose or threaten to disclose to any other
23		person, entity, or agency information regarding or relating to
24		the actual or perceived citizenship or immigration status of a
25		child or an associated person, unless disclosure is required

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1		by State or federal law.
2		Nothing in this Section shall be construed to prohibit or
3		restrict an entity from sending to or receiving from the
4		United States Department of Homeland Security or any other
5		federal, State, or local governmental entity information
6		regarding the citizenship or immigration status of an
7		individual under 8 U.S.C. 1373 and 8 U.S.C. 1644.
8		(c) This Section does not affect a licensed early care and
9		education day care center's obligation as a mandated reporter
10		or to otherwise respond to instances of suspected crime on the
11		premises. This Section does not prohibit licensed early care
12		and education day care centers from interacting with law
13		enforcement agents for the purposes of hotline emergency calls
14		or incidents arising out of mandated reporting.
15		(d) The Department of Children and Family Services or the
16		Department of Early Childhood, whichever is applicable, shall
17		make available on its website resources for families,
18		including, but not limited to, resources regarding the
19		constitutional rights of families, family preparedness plans,
20		and a copy of the Department of Children and Family Services'
21		appointment of short-term guardian form (Form CFS 444-2 or its
22		predecessor or successor form).
23		(e) If a child's parent or guardian directly faces
24		immigration enforcement action, a licensed early care and
25		education day care center shall use the child's emergency
26		contact information and release the child to the persons

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1		designated as the child's emergency contacts or into the
2		custody of an individual who presents a properly executed
3		appointment of short-term guardian form on behalf of the
4		child.
5		(f) A licensed early care and education day care center
6		shall adopt policies by January 1, 2026 to comply with this
7		Section and shall ensure that all staff members are trained on
8		the adopted policies. The policies shall not have the effect
9		of excluding or discouraging a child from any program at the
10		licensed early care and education day care center because of
11		the child's or the child's parent or guardian's actual or
12		perceived immigration status shall require the following:
13		(1) a written plan of action for interacting with law
14		enforcement agents that shall be shared with a child's
15		parent or guardian and includes the following:
16		(A) designation of spaces deemed to be private
17		within the facility;
18		(B) designation of the licensed early care and
19		education day care center director or the center
20		director's designee to serve as the primary point of
21		contact for interacting with law enforcement agents;
22		and
23		(C) procedures that a licensed early care and
24		education day care center's primary point of contact
25		shall follow to respond and review any request for
26		entry by law enforcement, including judicial warrants,

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1		orders, and subpoenas; .
2		(2) procedures for notifying and seeking written
3		consent from a child's parents or guardian if a law
4		enforcement agent requests access to personally
5		identifiable information from the child's records, unless
6		such access is in compliance with a judicial warrant or
7		order or a subpoena that restricts the disclosure of the
8		information to the child's parents or guardian;
9		(3) families enrolled at the licensed early care and
10		education day care center to update their emergency
11		contact list biannually; and
12		(4) notification to be given, within a reasonable time
13		period, to parents or guardians and the Department if
14		immigration enforcement action occurs at the licensed
15		early care and education day care center or its environs.
16		A licensed early care and education day care center's late
17		pick-up policy shall be updated to include the degree of
18		diligence the licensed early care and education day care
19		center will use to reach a child's emergency contacts,
20		including the number of attempted phone calls to parents and
21		emergency contacts and any requests for police assistance in
22		finding a child's emergency contact.
23		(g) Failure to comply with subsection (b) of this Section
24		shall result in a formal licensing violation. Failure to
25		comply with any other provision of this Section may result in a
26		licensing violation.

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1		(Source: P.A. 104-440, eff. 12-9-25; revised 12-12-25.)
2		(225 ILCS 10/4)  (from Ch. 23, par. 2214)
3		(Text of Section before amendment by P.A. 103-594)
4		Sec. 4. License requirement; application; notice.
5		(a) Any person, group of persons or corporation who or
6		which receives children or arranges for care or placement of
7		one or more children unrelated to the operator must apply for a
8		license to operate one of the types of facilities defined in
9		Sections 2.05 through 2.19 and in Section 2.22 of this Act. Any
10		relative, as defined in Section 2.38 of this Act, who receives
11		a child or children for placement by the Department on a
12		full-time basis may apply for a license to operate a foster
13		family home as defined in Section 2.17 of this Act or may apply
14		to be a certified relative caregiver home as defined in
15		Section 2.37 of this Act.
16		(a-5) Any agency, person, group of persons, association,
17		organization, corporation, institution, center, or group
18		providing adoption services must be licensed by the Department
19		as a child welfare agency as defined in Section 2.08 of this
20		Act. "Providing adoption services", as used in this Act,
21		includes facilitating or engaging in adoption services.
22		(b) Application for a license to operate a child care
23		facility must be made to the Department in the manner and on
24		forms prescribed by it. An application to operate a foster
25		family home shall include, at a minimum: a completed written

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1		form; written authorization by the applicant and all adult
2		members of the applicant's household to conduct a criminal
3		background investigation; medical evidence in the form of a
4		medical report, on forms prescribed by the Department, that
5		the applicant and all members of the household are free from
6		communicable diseases or physical and mental conditions that
7		affect their ability to provide care for the child or
8		children; the names and addresses of at least 3 persons not
9		related to the applicant who can attest to the applicant's
10		moral character; the name and address of at least one relative
11		who can attest to the applicant's capability to care for the
12		child or children; and fingerprints submitted by the applicant
13		and all adult members of the applicant's household.
14		(b-5) Prior to submitting an application for a foster
15		family home license, a quality of care concerns applicant as
16		defined in Section 2.22a of this Act must submit a preliminary
17		application to the Department in the manner and on forms
18		prescribed by it. The Department shall explain to the quality
19		of care concerns applicant the grounds for requiring a
20		preliminary application. The preliminary application shall
21		include a list of (i) all children placed in the home by the
22		Department who were removed by the Department for reasons
23		other than returning to a parent and the circumstances under
24		which they were removed and (ii) all children placed by the
25		Department who were subsequently adopted by or placed in the
26		private guardianship of the quality of care concerns applicant

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1		who are currently under 18 and who no longer reside in the home
2		and the reasons why they no longer reside in the home. The
3		preliminary application shall also include, if the quality of
4		care concerns applicant chooses to submit, (1) a response to
5		the quality of care concerns, including any reason the
6		concerns are invalid, have been addressed or ameliorated, or
7		no longer apply and (2) affirmative documentation
8		demonstrating that the quality of care concerns applicant's
9		home does not pose a risk to children and that the family will
10		be able to meet the physical and emotional needs of children.
11		The Department shall verify the information in the preliminary
12		application and review (i) information regarding any prior
13		licensing complaints, (ii) information regarding any prior
14		child abuse or neglect investigations, (iii) information
15		regarding any involuntary foster home holds placed on the home
16		by the Department, and (iv) information regarding all child
17		exit interviews, as provided in Section 5.26 of the Children
18		and Family Services Act, regarding the home. Foster home
19		applicants with quality of care concerns are presumed
20		unsuitable for future licensure.
21		Notwithstanding the provisions of this subsection (b-5),
22		the Department may make an exception and issue a foster family
23		license to a quality of care concerns applicant if the
24		Department is satisfied that the foster family home does not
25		pose a risk to children and that the foster family will be able
26		to meet the physical and emotional needs of children. In

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1		making this determination, the Department must obtain and
2		carefully review all relevant documents and shall obtain
3		consultation from its Clinical Division as appropriate and as
4		prescribed by Department rule and procedure. The Department
5		has the authority to deny a preliminary application based on
6		the record of quality of care concerns of the foster family
7		home. In the alternative, the Department may (i) approve the
8		preliminary application, (ii) approve the preliminary
9		application subject to obtaining additional information or
10		assessments, or (iii) approve the preliminary application for
11		purposes of placing a particular child or children only in the
12		foster family home. If the Department approves a preliminary
13		application, the foster family shall submit an application for
14		licensure as described in subsection (b) of this Section. The
15		Department shall notify the quality of care concerns applicant
16		of its decision and the basis for its decision in writing.
17		(c) The Department shall notify the public when a child
18		care institution, maternity center, or group home licensed by
19		the Department undergoes a change in (i) the range of care or
20		services offered at the facility or (ii) the type of children
21		served. The Department shall notify the public of the change
22		in a newspaper of general circulation in the county or
23		municipality in which the applicant's facility is or is
24		proposed to be located.
25		(c-5) When a child care institution, maternity center, or
26		a group home licensed by the Department undergoes a change in

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1		(i) the age of children served or (ii) the area within the
2		facility used by children, the Department shall post
3		information regarding proposed changes on its website as
4		required by rule.
5		(d) If, upon examination of the facility and investigation
6		of persons responsible for care of children and, in the case of
7		a foster home, taking into account information obtained for
8		purposes of evaluating a preliminary application, if
9		applicable, the Department is satisfied that the facility and
10		responsible persons reasonably meet standards prescribed for
11		the type of facility for which application is made, it shall
12		issue a license in proper form, designating on that license
13		the type of child care facility and, except for a child welfare
14		agency, the number of children to be served at any one time.
15		(e) The Department shall not issue or renew the license of
16		any child welfare agency providing adoption services, unless
17		the agency (i) is officially recognized by the United States
18		Internal Revenue Service as a tax-exempt organization
19		described in Section 501(c)(3) of the Internal Revenue Code of
20		1986 (or any successor provision of federal tax law) and (ii)
21		is in compliance with all of the standards necessary to
22		maintain its status as an organization described in Section
23		501(c)(3) of the Internal Revenue Code of 1986 (or any
24		successor provision of federal tax law). The Department shall
25		grant a grace period of 24 months from August 15, 2005 (the
26		effective date of Public Act 94-586) for existing child

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1		welfare agencies providing adoption services to obtain
2		501(c)(3) status. The Department shall permit an existing
3		child welfare agency that converts from its current structure
4		in order to be recognized as a 501(c)(3) organization as
5		required by this Section to either retain its current license
6		or transfer its current license to a newly formed entity, if
7		the creation of a new entity is required in order to comply
8		with this Section, provided that the child welfare agency
9		demonstrates that it continues to meet all other licensing
10		requirements and that the principal officers and directors and
11		programs of the converted child welfare agency or newly
12		organized child welfare agency are substantially the same as
13		the original. The Department shall have the sole discretion to
14		grant a one-year extension to any agency unable to obtain
15		501(c)(3) status within the timeframe specified in this
16		subsection (e), provided that such agency has filed an
17		application for 501(c)(3) status with the Internal Revenue
18		Service within the 2-year timeframe specified in this
19		subsection (e).
20		(f) The Department shall adopt rules to implement the
21		changes to this Section made by Public Act 103-770 no later
22		than January 1, 2025.
23		(Source: P.A. 103-770, eff. 1-1-25; 103-1061, eff. 7-1-25;
24		104-417, eff. 8-15-25.)
25		(Text of Section after amendment by P.A. 103-594)

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1		Sec. 4. License requirement; application; notice;
2		Department of Children and Family Services.
3		(a) Any person, group of persons or corporation who or
4		which receives children or arranges for care or placement of
5		one or more children unrelated to the operator must apply for a
6		license to operate as one of the types of providers facilities
7		defined in Sections 2.05 through 2.19 (other than an early
8		care and education a day care center or early care and
9		education day care home) and in Section 2.22 of this Act. Any
10		relative, as defined in Section 2.38 of this Act, who receives
11		a child or children for placement by the Department on a
12		full-time basis may apply for a license to operate a foster
13		family home as defined in Section 2.17 of this Act or may apply
14		to be a certified relative caregiver home as defined in
15		Section 2.37 of this Act.
16		(a-5) Any agency, person, group of persons, association,
17		organization, corporation, institution, center, or group
18		providing adoption services must be licensed by the Department
19		as a child welfare agency as defined in Section 2.08 of this
20		Act. "Providing adoption services", as used in this Act,
21		includes facilitating or engaging in adoption services.
22		(b) Application for a license to operate an early care and
23		education a child care facility (other than an early care and
24		education a day care center, early care and education day care
25		home, or group early care and education day care home) must be
26		made to the Department in the manner and on forms prescribed by

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1		it. An application to operate a foster family home shall
2		include, at a minimum: a completed written form; written
3		authorization by the applicant and all adult members of the
4		applicant's household to conduct a criminal background
5		investigation; medical evidence in the form of a medical
6		report, on forms prescribed by the Department, that the
7		applicant and all members of the household are free from
8		communicable diseases or physical and mental conditions that
9		affect their ability to provide care for the child or
10		children; the names and addresses of at least 3 persons not
11		related to the applicant who can attest to the applicant's
12		moral character; the name and address of at least one relative
13		who can attest to the applicant's capability to care for the
14		child or children; and fingerprints submitted by the applicant
15		and all adult members of the applicant's household.
16		(b-5) Prior to submitting an application for a foster
17		family home license, a quality of care concerns applicant as
18		defined in Section 2.22a of this Act must submit a preliminary
19		application to the Department in the manner and on forms
20		prescribed by it. The Department shall explain to the quality
21		of care concerns applicant the grounds for requiring a
22		preliminary application. The preliminary application shall
23		include a list of (i) all children placed in the home by the
24		Department who were removed by the Department for reasons
25		other than returning to a parent and the circumstances under
26		which they were removed and (ii) all children placed by the

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1		Department who were subsequently adopted by or placed in the
2		private guardianship of the quality of care concerns applicant
3		who are currently under 18 and who no longer reside in the home
4		and the reasons why they no longer reside in the home. The
5		preliminary application shall also include, if the quality of
6		care concerns applicant chooses to submit, (1) a response to
7		the quality of care concerns, including any reason the
8		concerns are invalid, have been addressed or ameliorated, or
9		no longer apply and (2) affirmative documentation
10		demonstrating that the quality of care concerns applicant's
11		home does not pose a risk to children and that the family will
12		be able to meet the physical and emotional needs of children.
13		The Department shall verify the information in the preliminary
14		application and review (i) information regarding any prior
15		licensing complaints, (ii) information regarding any prior
16		child abuse or neglect investigations, (iii) information
17		regarding any involuntary foster home holds placed on the home
18		by the Department, and (iv) information regarding all child
19		exit interviews, as provided in Section 5.26 of the Children
20		and Family Services Act, regarding the home. Foster home
21		applicants with quality of care concerns are presumed
22		unsuitable for future licensure.
23		Notwithstanding the provisions of this subsection (b-5),
24		the Department may make an exception and issue a foster family
25		license to a quality of care concerns applicant if the
26		Department is satisfied that the foster family home does not

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1		pose a risk to children and that the foster family will be able
2		to meet the physical and emotional needs of children. In
3		making this determination, the Department must obtain and
4		carefully review all relevant documents and shall obtain
5		consultation from its Clinical Division as appropriate and as
6		prescribed by Department rule and procedure. The Department
7		has the authority to deny a preliminary application based on
8		the record of quality of care concerns of the foster family
9		home. In the alternative, the Department may (i) approve the
10		preliminary application, (ii) approve the preliminary
11		application subject to obtaining additional information or
12		assessments, or (iii) approve the preliminary application for
13		purposes of placing a particular child or children only in the
14		foster family home. If the Department approves a preliminary
15		application, the foster family shall submit an application for
16		licensure as described in subsection (b) of this Section. The
17		Department shall notify the quality of care concerns applicant
18		of its decision and the basis for its decision in writing.
19		(c) The Department shall notify the public when a child
20		care institution, maternity center, or group home licensed by
21		the Department undergoes a change in (i) the range of care or
22		services offered at the facility or (ii) the type of children
23		served. The Department shall notify the public of the change
24		in a newspaper of general circulation in the county or
25		municipality in which the applicant's facility is or is
26		proposed to be located.

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1		(c-5) When an early care and education a child care
2		institution, maternity center, or a group home licensed by the
3		Department undergoes a change in (i) the age of children
4		served or (ii) the area within the facility used by children,
5		the Department shall post information regarding proposed
6		changes on its website as required by rule.
7		(d) If, upon examination of the facility and investigation
8		of persons responsible for care of children and, in the case of
9		a foster home, taking into account information obtained for
10		purposes of evaluating a preliminary application, if
11		applicable, the Department is satisfied that the facility and
12		responsible persons reasonably meet standards prescribed for
13		the type of facility for which application is made, it shall
14		issue a license in proper form, designating on that license
15		the type of child care facility and, except for a child welfare
16		agency, the number of children to be served at any one time.
17		(e) The Department shall not issue or renew the license of
18		any child welfare agency providing adoption services, unless
19		the agency (i) is officially recognized by the United States
20		Internal Revenue Service as a tax-exempt organization
21		described in Section 501(c)(3) of the Internal Revenue Code of
22		1986 (or any successor provision of federal tax law) and (ii)
23		is in compliance with all of the standards necessary to
24		maintain its status as an organization described in Section
25		501(c)(3) of the Internal Revenue Code of 1986 (or any
26		successor provision of federal tax law). The Department shall

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1		grant a grace period of 24 months from August 15, 2005 (the
2		effective date of Public Act 94-586) for existing child
3		welfare agencies providing adoption services to obtain
4		501(c)(3) status. The Department shall permit an existing
5		child welfare agency that converts from its current structure
6		in order to be recognized as a 501(c)(3) organization as
7		required by this Section to either retain its current license
8		or transfer its current license to a newly formed entity, if
9		the creation of a new entity is required in order to comply
10		with this Section, provided that the child welfare agency
11		demonstrates that it continues to meet all other licensing
12		requirements and that the principal officers and directors and
13		programs of the converted child welfare agency or newly
14		organized child welfare agency are substantially the same as
15		the original. The Department shall have the sole discretion to
16		grant a one-year extension to any agency unable to obtain
17		501(c)(3) status within the timeframe specified in this
18		subsection (e), provided that such agency has filed an
19		application for 501(c)(3) status with the Internal Revenue
20		Service within the 2-year timeframe specified in this
21		subsection (e).
22		(f) The Department shall adopt rules to implement the
23		changes to this Section made by Public Act 103-770 no later
24		than January 1, 2025.
25		(Source: P.A. 103-594, eff. 7-1-26; 103-770, eff. 1-1-25;
26		103-1061, eff. 7-1-25; 104-417, eff. 8-15-25.)

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1		(225 ILCS 10/4.01)
2		(This Section may contain text from a Public Act with a
3		delayed effective date)
4		Sec. 4.01. License requirement; application; notice;
5		Department of Early Childhood.
6		(a) Any early care and education provider who provides
7		care and education services person, group of persons or
8		corporation who or which receives children or arranges for
9		care of one or more children unrelated to the operator must
10		apply for a license to operate one of the types of early care
11		and education providers facilities defined in Sections 2.09,
12		2.18, and 2.20 or, for providers that offer programs described
13		in subsection (d-10) of Section 3, must comply with the
14		requirements to be registered as a Recognized Alternative
15		Provider.
16		(b) Application for a license to operate an early a day
17		care and education center, early day care and education home,
18		or group early day care and education home must be made to the
19		Department of Early Childhood in the manner and on forms
20		prescribed by it.
21		(c) If, upon examination of the early care and education
22		provider facility and investigation of persons responsible for
23		care of children, the Department of Early Childhood is
24		satisfied that the provider facility and responsible persons
25		reasonably meet standards prescribed for the type of provider

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1		facility for which application is made, including health and
2		safety standards, facility standards, staffing standards,
3		nutrition standards, and other standards prescribed by the
4		Department of Early Childhood, it shall issue a license in
5		proper form, designating on that license the type of early
6		child care and education provider facility and the number of
7		children to be served at any one time.
8		(Source: P.A. 103-594, eff. 7-1-26.)
9		(225 ILCS 10/4.1)  (from Ch. 23, par. 2214.1)
10		(Text of Section before amendment by P.A. 103-594)
11		Sec. 4.1. Criminal background investigations.
12		(a) In this Section, "third-party vendor" means a
13		third-party fingerprinting vendor who is licensed by the
14		Department of Financial and Professional Regulation and
15		regulated by 68 Ill. Adm. Code 1240.600.
16		(b) The Department shall require that each child care
17		facility license applicant as part of the application process,
18		and each employee and volunteer of a child care facility or
19		non-licensed service provider, as a condition of employment,
20		authorize an investigation to determine if such applicant,
21		employee, or volunteer has ever been charged with a crime and
22		if so, the disposition of those charges; this authorization
23		shall indicate the scope of the inquiry and the agencies which
24		may be contacted. An employee or volunteer of a day care
25		center, day care home, or group day care home shall authorize

HB3595 Enrolled - 627 - LRB104 08153 BAB 18201 b
1		an investigation every 5 years, as required under the Child
2		Care and Development Block Grant. A child care facility,
3		non-licensed service provider, day care center, group day care
4		home, or day care home may authorize the Department or a
5		third-party vendor to collect fingerprints for the
6		investigation. If a third-party vendor is used for
7		fingerprinting, then the child care facility, non-licensed
8		service provider, day care center, group day care home, or day
9		care home shall pay the third-party vendor for that service
10		directly. If a child care facility, non-licensed service
11		provider, day care center, group day care home, or day care
12		home authorizes the Department or a third-party vendor to
13		collect fingerprints for the investigation, the Director shall
14		request and receive information and assistance from any
15		federal, State, or local governmental agency as part of the
16		authorized investigation. Each applicant, employee, or
17		volunteer of a child care facility or non-licensed service
18		provider shall submit the applicant's, employee's, or
19		volunteer's fingerprints to the Illinois State Police in the
20		form and manner prescribed by the Illinois State Police. These
21		fingerprints shall be checked against the fingerprint records
22		now and hereafter filed in the Illinois State Police and
23		Federal Bureau of Investigation criminal history records
24		databases. The Illinois State Police shall charge a fee for
25		conducting the criminal history records check, which shall be
26		deposited into in the State Police Services Fund and shall not

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1		exceed the actual cost of the records check. The Illinois
2		State Police shall provide information concerning any criminal
3		charges, and their disposition, now or hereafter filed,
4		against an applicant, employee, or volunteer of a child care
5		facility or non-licensed service provider upon request of the
6		Department of Children and Family Services when the request is
7		made in the form and manner required by the Illinois State
8		Police.
9		Information concerning convictions of a license applicant,
10		employee, or volunteer of a child care facility or
11		non-licensed service provider investigated under this Section,
12		including the source of the information and any conclusions or
13		recommendations derived from the information, shall be
14		provided, upon request, to such applicant, employee, or
15		volunteer of a child care facility or non-licensed service
16		provider prior to final action by the Department on the
17		application. State conviction information provided by the
18		Illinois State Police regarding employees, prospective
19		employees, or volunteers of non-licensed service providers and
20		child care facilities licensed under this Act shall be
21		provided to the operator of such facility, and, upon request,
22		to the employee, prospective employee, or volunteer of a child
23		care facility or non-licensed service provider. Any
24		information concerning criminal charges and the disposition of
25		such charges obtained by the Department shall be confidential
26		and may not be transmitted outside the Department, except as

HB3595 Enrolled - 629 - LRB104 08153 BAB 18201 b
1		required herein, and may not be transmitted to anyone within
2		the Department except as needed for the purpose of evaluating
3		an application or an employee or volunteer of a child care
4		facility or non-licensed service provider. Only information
5		and standards which bear a reasonable and rational relation to
6		the performance of a child care facility shall be used by the
7		Department or any licensee. Any employee of the Department of
8		Children and Family Services, Illinois State Police, or a
9		child care facility receiving confidential information under
10		this Section who gives or causes to be given any confidential
11		information concerning any criminal convictions of an
12		applicant, employee, or volunteer of a child care facility or
13		non-licensed service provider, shall be guilty of a Class A
14		misdemeanor unless release of such information is authorized
15		by this Section.
16		The Department of Children and Family Services, through
17		June 30, 2026, or the Department of Early Childhood, on and
18		after July 1, 2026, shall allow day care centers, day care
19		homes, and group day care homes to hire, on a probationary
20		basis, any employee or volunteer authorizing a criminal
21		background investigation under this Section after receiving a
22		qualifying result, as determined by the Department of Children
23		and Family Services or the Department of Early Childhood,
24		whichever is applicable, pursuant to this Act, from either:
25		(1) the Federal Bureau of Investigation fingerprint
26		criminal background check; or

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1		(2) the Illinois State Police fingerprint criminal
2		background check and a criminal record check of the
3		criminal repository of each state in which the employee or
4		volunteer resided during the preceding 5 years.
5		Pending full clearance of all background check
6		requirements, the prospective employee or volunteer must be
7		supervised at all times by an individual who received a
8		qualifying result on all background check components.
9		Employees and volunteers of a day care center, day care home,
10		or group day care home shall be notified prior to hiring that
11		such employment may be terminated on the basis of criminal
12		background information obtained by the facility.
13		(Source: P.A. 103-22, eff. 8-8-23; 103-1072, eff. 1-1-26;
14		104-307, eff. 1-1-26; revised 10-27-25.)
15		(Text of Section after amendment by P.A. 103-594)
16		Sec. 4.1. Criminal background investigations.
17		(a) In this Section, "third-party vendor" means a
18		third-party fingerprinting vendor who is licensed by the
19		Department of Financial and Professional Regulation and
20		regulated by 68 Ill. Adm. Code 1240.600.
21		(b) Except as provided in Section 3, the The Department of
22		Children and Family Services or the Department of Early
23		Childhood shall require that each early care and education
24		provider child care facility license applicant, under the
25		agencies' respective authority as part of the application

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1		process, and each employee and volunteer of an early care and
2		education center, early care and education home, or group
3		early care and education home a child care facility or
4		non-licensed service provider, as a condition of employment,
5		authorize an investigation to determine if such applicant,
6		employee, or volunteer has ever been charged with a crime and
7		if so, the disposition of those charges; this authorization
8		shall indicate the scope of the inquiry and the agencies which
9		may be contacted. Upon this authorization, the Secretary shall
10		request and receive information and assistance from any
11		federal, State, or local governmental agency as part of the
12		authorized investigation. Each applicant, employee, or
13		volunteer shall submit the applicant's, employee's, or
14		volunteer's fingerprints to the Illinois State Police in the
15		form and manner prescribed by the Illinois State Police. The
16		fingerprints shall be checked against the fingerprint records
17		now and hereafter filed in the Illinois State Police and
18		Federal Bureau of Investigation criminal history records
19		databases. The Illinois State Police shall charge a fee for
20		conducting the criminal history records check, which shall be
21		deposited in the State Police Services Fund and shall not
22		exceed the actual cost of the records check. The Illinois
23		State Police shall provide information concerning any criminal
24		charges and their disposition, now or hereafter filed, against
25		an applicant, employee, or volunteer of an early care and
26		education center, early care and education home, or group

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1		early care and education home upon request of the Department
2		of Early Childhood in the form and manner required by the
3		Illinois State Police. Information concerning convictions of a
4		license applicant, employee, or volunteer of an early care and
5		education center, early care and education home, or group
6		early care and education home service provider investigated
7		under this Section, including the source of the information
8		and any conclusions or recommendations derived from the
9		information, shall be provided, upon request, to such
10		applicant, employee, or volunteer of an early care and
11		education center, early care and education home, or group
12		early care and education home before final action by the
13		Department of Early Childhood on the application. State
14		conviction information provided by the Illinois State Police
15		regarding employees, prospective employees, or volunteers of
16		early care and education centers, early care and education
17		homes, or group early care and education homes licensed under
18		this Act shall be provided to the Department of Early
19		Childhood, to the operator of such provider, and, upon
20		request, to the employee, prospective employee, or volunteer
21		of an early care and education center, early care and
22		education home, or group early care and education home. Any
23		information concerning criminal charges and the disposition of
24		such charges obtained by the Department of Early Childhood
25		shall be confidential and may not be transmitted outside the
26		Department, except as required under this Section, and may not

HB3595 Enrolled - 633 - LRB104 08153 BAB 18201 b
1		be transmitted to anyone within the Department except as
2		needed for the purpose of evaluating an application or an
3		employee or volunteer of an early care and education center,
4		early care and education home, or group early care and
5		education. Only information and standards which bear a
6		reasonable and rational relation to the performance of an
7		early care and education provider shall be used by the
8		Department or any licensee. Any employee of the Department of
9		Early Childhood, Illinois State Police, or an early care and
10		education center, early care and education home, or group
11		early care and education home receiving confidential
12		information under this Section who gives or causes to be given
13		any confidential information concerning any criminal
14		convictions of an applicant, employee, or volunteer of an
15		early care and education center, early care and education
16		home, or group early care and education home shall be guilty of
17		a Class A misdemeanor unless release of such information is
18		authorized under this Section.
19		Beginning July 1, 2027, the authority and responsibility
20		to conduct a fingerprint-based criminal history check for
21		early care and education center providers under Section 2.09,
22		early care and education home providers under Section 2.18,
23		and group early care and education home providers under
24		Section 2.20 shall transfer to the Department of Early
25		Childhood pursuant to Section 80-5 of the Department of Early
26		Childhood Act.

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1		An employee or volunteer of a day care center, day care
2		home, or group day care home shall authorize an investigation
3		every 5 years, as required under the Child Care and
4		Development Block Grant. A child care facility, non-licensed
5		service provider, day care center, group day care home, or day
6		care home may authorize the Department or a third-party vendor
7		to collect fingerprints for the investigation. If a
8		third-party vendor is used for fingerprinting, then the child
9		care facility, non-licensed service provider, day care center,
10		group day care home, or day care home shall pay the third-party
11		vendor for that service directly. If a child care facility,
12		non-licensed service provider, day care center, group day care
13		home, or day care home authorizes the Department or a
14		third-party vendor to collect fingerprints for the
15		investigation, the Director shall request and receive
16		information and assistance from any federal, State, or local
17		governmental agency as part of the authorized investigation.
18		Each applicant, employee, or volunteer of a child care
19		facility or non-licensed service provider shall submit the
20		applicant's, employee's, or volunteer's fingerprints to the
21		Illinois State Police in the form and manner prescribed by the
22		Illinois State Police. These fingerprints shall be checked
23		against the fingerprint records now and hereafter filed in the
24		Illinois State Police and Federal Bureau of Investigation
25		criminal history records databases. The Illinois State Police
26		shall charge a fee for conducting the criminal history records

HB3595 Enrolled - 635 - LRB104 08153 BAB 18201 b
1		check, which shall be deposited in the State Police Services
2		Fund and shall not exceed the actual cost of the records check.
3		The Illinois State Police shall provide information concerning
4		any criminal charges, and their disposition, now or hereafter
5		filed, against an applicant, employee, or volunteer of a child
6		care facility or non-licensed service provider upon request of
7		the Department of Children and Family Services or the
8		Department of Early Childhood when the request is made in the
9		form and manner required by the Illinois State Police.
10		Information concerning convictions of a license applicant,
11		employee, or volunteer of a child care facility or
12		non-licensed service provider investigated under this Section,
13		including the source of the information and any conclusions or
14		recommendations derived from the information, shall be
15		provided, upon request, to such applicant, employee, or
16		volunteer of a child care facility or non-licensed service
17		provider prior to final action by the Department of Children
18		and Family Services or the Department of Early Childhood under
19		the agencies' respective authority on the application. State
20		conviction information provided by the Illinois State Police
21		regarding employees, prospective employees, or volunteers of
22		non-licensed service providers and child care facilities
23		licensed under this Act shall be provided to the operator of
24		such facility, and, upon request, to the employee, prospective
25		employee, or volunteer of a child care facility or
26		non-licensed service provider. Any information concerning

HB3595 Enrolled - 636 - LRB104 08153 BAB 18201 b
1		criminal charges and the disposition of such charges obtained
2		by the Department of Children and Family Services or the
3		Department of Early Childhood shall be confidential and may
4		not be transmitted outside the Department of Children and
5		Family Services or the Department of Early Childhood, except
6		as required herein, and may not be transmitted to anyone
7		within the Department of Children and Family Services or the
8		Department of Early Childhood except as needed for the purpose
9		of evaluating an application or an employee or volunteer of a
10		child care facility or non-licensed service provider. Only
11		information and standards which bear a reasonable and rational
12		relation to the performance of a child care facility shall be
13		used by the Department of Children and Family Services or the
14		Department of Early Childhood or any licensee. Any employee of
15		the Department of Children and Family Services, Department of
16		Early Childhood, Illinois State Police, or a child care
17		facility receiving confidential information under this Section
18		who gives or causes to be given any confidential information
19		concerning any criminal convictions of an applicant, employee,
20		or volunteer of a child care facility or non-licensed service
21		provider, shall be guilty of a Class A misdemeanor unless
22		release of such information is authorized by this Section.
23		The Department of Children and Family Services, through
24		June 30, 2026, or the Department of Early Childhood, on and
25		after July 1, 2026, shall allow early care and education day
26		care centers, early care and education day care homes, and

HB3595 Enrolled - 637 - LRB104 08153 BAB 18201 b
1		group early care and education day care homes to hire, on a
2		probationary basis, any employee or volunteer authorizing a
3		criminal background investigation under this Section after
4		receiving a qualifying result, as determined by the Department
5		of Children and Family Services or the Department of Early
6		Childhood, whichever is applicable, pursuant to this Act, from
7		either:
8		(1) the Federal Bureau of Investigation fingerprint
9		criminal background check; or
10		(2) the Illinois State Police fingerprint criminal
11		background check and a criminal record check of the
12		criminal repository of each state in which the employee or
13		volunteer resided during the preceding 5 years.
14		Pending full clearance of all background check
15		requirements, the prospective employee or volunteer must be
16		supervised at all times by an individual who received a
17		qualifying result on all background check components.
18		Employees and volunteers of an early care and education a day
19		care center, early care and education day care home, or group
20		early care and education day care home shall be notified prior
21		to hiring that such employment may be terminated on the basis
22		of criminal background information obtained by the facility.
23		(Source: P.A. 103-22, eff. 8-8-23; 103-594, eff. 7-1-26;
24		103-1072, eff. 1-1-26; 104-307, eff. 1-1-26; revised
25		10-27-25.)

HB3595 Enrolled - 638 - LRB104 08153 BAB 18201 b
1		(225 ILCS 10/4.2)  (from Ch. 23, par. 2214.2)
2		Sec. 4.2. (a) No applicant may receive a license from the
3		Department and no person may be employed by a licensed early
4		care and education provider child care facility who refuses to
5		authorize an investigation as required by Section 4.1.
6		(b) In addition to the other provisions of this Section,
7		no applicant may receive a license from the Department and no
8		person may be employed by an early care and education provider
9		a child care facility licensed by the Department who has been
10		declared a sexually dangerous person under the Sexually
11		Dangerous Persons Act, or convicted of committing or
12		attempting to commit any of the following offenses stipulated
13		under the Criminal Code of 1961 or the Criminal Code of 2012:
14		(1) murder;
15		(1.1) solicitation of murder;
16		(1.2) solicitation of murder for hire;
17		(1.3) intentional homicide of an unborn child;
18		(1.4) voluntary manslaughter of an unborn child;
19		(1.5) involuntary manslaughter;
20		(1.6) reckless homicide;
21		(1.7) concealment of a homicidal death;
22		(1.8) involuntary manslaughter of an unborn child;
23		(1.9) reckless homicide of an unborn child;
24		(1.10) drug-induced homicide;
25		(2) a sex offense under Article 11, except offenses
26		described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,

HB3595 Enrolled - 639 - LRB104 08153 BAB 18201 b
1		11-40, and 11-45;
2		(3) kidnapping;
3		(3.1) aggravated unlawful restraint;
4		(3.2) forcible detention;
5		(3.3) harboring a runaway;
6		(3.4) aiding and abetting child abduction;
7		(4) aggravated kidnapping;
8		(5) child abduction;
9		(6) aggravated battery of a child as described in
10		Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
11		(7) criminal sexual assault;
12		(8) aggravated criminal sexual assault;
13		(8.1) predatory criminal sexual assault of a child;
14		(9) criminal sexual abuse;
15		(10) aggravated sexual abuse;
16		(11) heinous battery as described in Section 12-4.1 or
17		subdivision (a)(2) of Section 12-3.05;
18		(12) aggravated battery with a firearm as described in
19		Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
20		(e)(4) of Section 12-3.05;
21		(13) tampering with food, drugs, or cosmetics;
22		(14) drug induced infliction of great bodily harm as
23		described in Section 12-4.7 or subdivision (g)(1) of
24		Section 12-3.05;
25		(15) hate crime;
26		(16) stalking;

HB3595 Enrolled - 640 - LRB104 08153 BAB 18201 b
1		(17) aggravated stalking;
2		(18) threatening public officials;
3		(19) home invasion;
4		(20) vehicular invasion;
5		(21) criminal transmission of HIV;
6		(22) criminal abuse or neglect of an elderly person or
7		person with a disability as described in Section 12-21 or
8		subsection (e) of Section 12-4.4a;
9		(23) child abandonment;
10		(24) endangering the life or health of a child;
11		(25) ritual mutilation;
12		(26) ritualized abuse of a child;
13		(27) an offense in any other jurisdiction the elements
14		of which are similar and bear a substantial relationship
15		to any of the foregoing offenses.
16		(b-1) In addition to the other provisions of this Section,
17		beginning January 1, 2004, no new applicant and, on the date of
18		licensure renewal, no current licensee may operate or receive
19		a license from the Department to operate, no person may be
20		employed by, and no adult person may reside in an early care
21		and education provider's location a child care facility
22		licensed by the Department who has been convicted of
23		committing or attempting to commit any of the following
24		offenses or an offense in any other jurisdiction the elements
25		of which are similar and bear a substantial relationship to
26		any of the following offenses:

HB3595 Enrolled - 641 - LRB104 08153 BAB 18201 b
1		(I) BODILY HARM
2		(1) Felony aggravated assault.
3		(2) Vehicular endangerment.
4		(3) Felony domestic battery.
5		(4) Aggravated battery.
6		(5) Heinous battery.
7		(6) Aggravated battery with a firearm.
8		(7) Aggravated battery of an unborn child.
9		(8) Aggravated battery of a senior citizen.
10		(9) Intimidation.
11		(10) Compelling organization membership of persons.
12		(11) Abuse and criminal neglect of a long term care
13		facility resident.
14		(12) Felony violation of an order of protection.
15		(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
16		(1) Felony unlawful possession of weapons.
17		(2) Aggravated discharge of a firearm.
18		(3) Reckless discharge of a firearm.
19		(4) Unlawful use of metal piercing bullets.
20		(5) Unlawful sale or delivery of firearms on the
21		premises of any school.
22		(6) Disarming a police officer.

HB3595 Enrolled - 642 - LRB104 08153 BAB 18201 b
1		(7) Obstructing justice.
2		(8) Concealing or aiding a fugitive.
3		(9) Armed violence.
4		(10) Felony contributing to the criminal delinquency
5		of a juvenile.
6		(III) DRUG OFFENSES
7		(1) Possession of more than 30 grams of cannabis.
8		(2) Manufacture of more than 10 grams of cannabis.
9		(3) Cannabis trafficking.
10		(4) Delivery of cannabis on school grounds.
11		(5) Unauthorized production of more than 5 cannabis
12		sativa plants.
13		(6) Calculated criminal cannabis conspiracy.
14		(7) Unauthorized manufacture or delivery of controlled
15		substances.
16		(8) Controlled substance trafficking.
17		(9) Manufacture, distribution, or advertisement of
18		look-alike substances.
19		(10) Calculated criminal drug conspiracy.
20		(11) Street gang criminal drug conspiracy.
21		(12) Permitting unlawful use of a building.
22		(13) Delivery of controlled, counterfeit, or
23		look-alike substances to persons under age 18, or at truck
24		stops, rest stops, or safety rest areas, or on school

HB3595 Enrolled - 643 - LRB104 08153 BAB 18201 b
1		property.
2		(14) Using, engaging, or employing persons under 18 to
3		deliver controlled, counterfeit, or look-alike substances.
4		(15) Delivery of controlled substances.
5		(16) Sale or delivery of drug paraphernalia.
6		(17) Felony possession, sale, or exchange of
7		instruments adapted for use of a controlled substance,
8		methamphetamine, or cannabis by subcutaneous injection.
9		(18) Felony possession of a controlled substance.
10		(19) Any violation of the Methamphetamine Control and
11		Community Protection Act.
12		(b-1.5) In addition to any other provision of this
13		Section, for applicants with access to confidential financial
14		information or who submit documentation to support billing,
15		the Department may, in its discretion, deny or refuse to renew
16		a license to an applicant who has been convicted of committing
17		or attempting to commit any of the following felony offenses:
18		(1) financial institution fraud under Section 17-10.6
19		of the Criminal Code of 1961 or the Criminal Code of 2012;
20		(2) identity theft under Section 16-30 of the Criminal
21		Code of 1961 or the Criminal Code of 2012;
22		(3) financial exploitation of an elderly person or a
23		person with a disability under Section 17-56 of the
24		Criminal Code of 1961 or the Criminal Code of 2012;
25		(4) computer tampering under Section 17-51 of the
26		Criminal Code of 1961 or the Criminal Code of 2012;

HB3595 Enrolled - 644 - LRB104 08153 BAB 18201 b
1		(5) aggravated computer tampering under Section 17-52
2		of the Criminal Code of 1961 or the Criminal Code of 2012;
3		(6) computer fraud under Section 17-50 of the Criminal
4		Code of 1961 or the Criminal Code of 2012;
5		(7) deceptive practices under Section 17-1 of the
6		Criminal Code of 1961 or the Criminal Code of 2012;
7		(8) forgery under Section 17-3 of the Criminal Code of
8		1961 or the Criminal Code of 2012;
9		(9) State benefits fraud under Section 17-6 of the
10		Criminal Code of 1961 or the Criminal Code of 2012;
11		(10) mail fraud and wire fraud under Section 17-24 of
12		the Criminal Code of 1961 or the Criminal Code of 2012;
13		(11) theft under paragraphs (1.1) through (11) of
14		subsection (b) of Section 16-1 of the Criminal Code of
15		1961 or the Criminal Code of 2012.
16		(b-2) Notwithstanding subsection (b-1), the Department may
17		make an exception and, for early care and education providers
18		child care facilities other than foster family homes, issue a
19		new early care and education provider child care facility
20		license to or renew the existing early care and education
21		provider child care facility license of an applicant, a person
22		employed by an early care and education provider a child care
23		facility, or an applicant who has an adult residing in a home
24		early care and education provider child care facility who was
25		convicted of an offense described in subsection (b-1),
26		provided that all of the following requirements are met:

HB3595 Enrolled - 645 - LRB104 08153 BAB 18201 b
1		(1) The relevant criminal offense occurred more than 5
2		years prior to the date of application or renewal, except
3		for drug offenses. The relevant drug offense must have
4		occurred more than 10 years prior to the date of
5		application or renewal, unless the applicant passed a drug
6		test, arranged and paid for by the early care and
7		education provider child care facility, no less than 5
8		years after the offense.
9		(2) The Department must conduct a background check and
10		assess all convictions and recommendations of the early
11		care and education provider child care facility to
12		determine if hiring or licensing the applicant is in
13		accordance with Department administrative rules and
14		procedures.
15		(3) The applicant meets all other requirements and
16		qualifications to be licensed as the pertinent type of
17		early care and education provider child care facility
18		under this Act and the Department's administrative rules.
19		(c) In addition to the other provisions of this Section,
20		no applicant may receive a license from the Department to
21		operate a foster family home, and no adult person may reside in
22		a foster family home licensed by the Department, who has been
23		convicted of committing or attempting to commit any of the
24		following offenses stipulated under the Criminal Code of 1961,
25		the Criminal Code of 2012, the Cannabis Control Act, the
26		Methamphetamine Control and Community Protection Act, and the

HB3595 Enrolled - 646 - LRB104 08153 BAB 18201 b
1		Illinois Controlled Substances Act:
2		(I) OFFENSES DIRECTED AGAINST THE PERSON
3		(A) KIDNAPPING AND RELATED OFFENSES
4		(1) Unlawful restraint.
5		(B) BODILY HARM
6		(2) Felony aggravated assault.
7		(3) Vehicular endangerment.
8		(4) Felony domestic battery.
9		(5) Aggravated battery.
10		(6) Heinous battery.
11		(7) Aggravated battery with a firearm.
12		(8) Aggravated battery of an unborn child.
13		(9) Aggravated battery of a senior citizen.
14		(10) Intimidation.
15		(11) Compelling organization membership of persons.
16		(12) Abuse and criminal neglect of a long term care
17		facility resident.
18		(13) Felony violation of an order of protection.
19		(II) OFFENSES DIRECTED AGAINST PROPERTY
20		(14) Felony theft.
21		(15) Robbery.

HB3595 Enrolled - 647 - LRB104 08153 BAB 18201 b
1		(16) Armed robbery.
2		(17) Aggravated robbery.
3		(18) Vehicular hijacking.
4		(19) Aggravated vehicular hijacking.
5		(20) Burglary.
6		(21) Possession of burglary tools.
7		(22) Residential burglary.
8		(23) Criminal fortification of a residence or
9		building.
10		(24) Arson.
11		(25) Aggravated arson.
12		(26) Possession of explosive or explosive incendiary
13		devices.
14		(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
15		(27) Felony unlawful possession of weapons.
16		(28) Aggravated discharge of a firearm.
17		(29) Reckless discharge of a firearm.
18		(30) Unlawful use of metal piercing bullets.
19		(31) Unlawful sale or delivery of firearms on the
20		premises of any school.
21		(32) Disarming a police officer.
22		(33) Obstructing justice.
23		(34) Concealing or aiding a fugitive.
24		(35) Armed violence.

HB3595 Enrolled - 648 - LRB104 08153 BAB 18201 b
1		(36) Felony contributing to the criminal delinquency
2		of a juvenile.
3		(IV) DRUG OFFENSES
4		(37) Possession of more than 30 grams of cannabis.
5		(38) Manufacture of more than 10 grams of cannabis.
6		(39) Cannabis trafficking.
7		(40) Delivery of cannabis on school grounds.
8		(41) Unauthorized production of more than 5 cannabis
9		sativa plants.
10		(42) Calculated criminal cannabis conspiracy.
11		(43) Unauthorized manufacture or delivery of
12		controlled substances.
13		(44) Controlled substance trafficking.
14		(45) Manufacture, distribution, or advertisement of
15		look-alike substances.
16		(46) Calculated criminal drug conspiracy.
17		(46.5) Streetgang criminal drug conspiracy.
18		(47) Permitting unlawful use of a building.
19		(48) Delivery of controlled, counterfeit, or
20		look-alike substances to persons under age 18, or at truck
21		stops, rest stops, or safety rest areas, or on school
22		property.
23		(49) Using, engaging, or employing persons under 18 to
24		deliver controlled, counterfeit, or look-alike substances.

HB3595 Enrolled - 649 - LRB104 08153 BAB 18201 b
1		(50) Delivery of controlled substances.
2		(51) Sale or delivery of drug paraphernalia.
3		(52) Felony possession, sale, or exchange of
4		instruments adapted for use of a controlled substance,
5		methamphetamine, or cannabis by subcutaneous injection.
6		(53) Any violation of the Methamphetamine Control and
7		Community Protection Act.
8		(d) Notwithstanding subsection (c), the Department may
9		make an exception and issue a new foster family home license or
10		may renew an existing foster family home license of an
11		applicant who was convicted of an offense described in
12		subsection (c), provided all of the following requirements are
13		met:
14		(1) The relevant criminal offense or offenses occurred
15		more than 10 years prior to the date of application or
16		renewal.
17		(2) The applicant had previously disclosed the
18		conviction or convictions to the Department for purposes
19		of a background check.
20		(3) After the disclosure, the Department either placed
21		a child in the home or the foster family home license was
22		issued.
23		(4) During the background check, the Department had
24		assessed and waived the conviction in compliance with the
25		existing statutes and rules in effect at the time of the
26		hire or licensure.

HB3595 Enrolled - 650 - LRB104 08153 BAB 18201 b
1		(5) The applicant meets all other requirements and
2		qualifications to be licensed as a foster family home
3		under this Act and the Department's administrative rules.
4		(6) The applicant has a history of providing a safe,
5		stable home environment and appears able to continue to
6		provide a safe, stable home environment.
7		(e) In evaluating the exception pursuant to subsections
8		(b-2) and (d), the Department must carefully review any
9		relevant documents to determine whether the applicant, despite
10		the disqualifying convictions, poses a substantial risk to
11		State resources or clients. In making such a determination,
12		the following guidelines shall be used:
13		(1) the age of the applicant when the offense was
14		committed;
15		(2) the circumstances surrounding the offense;
16		(3) the length of time since the conviction;
17		(4) the specific duties and responsibilities
18		necessarily related to the license being applied for and
19		the bearing, if any, that the applicant's conviction
20		history may have on the applicant's fitness to perform
21		these duties and responsibilities;
22		(5) the applicant's employment references;
23		(6) the applicant's character references and any
24		certificates of achievement;
25		(7) an academic transcript showing educational
26		attainment since the disqualifying conviction;

HB3595 Enrolled - 651 - LRB104 08153 BAB 18201 b
1		(8) a Certificate of Relief from Disabilities or
2		Certificate of Good Conduct; and
3		(9) anything else that speaks to the applicant's
4		character.
5		(Source: P.A. 103-22, eff. 8-8-23; 103-822, eff. 1-1-25.)
6		(225 ILCS 10/4.2a)
7		(This Section may contain text from a Public Act with a
8		delayed effective date)
9		Sec. 4.2a. License eligibility; Department of Early
10		Childhood.
11		(a) No applicant may receive a license or recognition as a
12		Recognized Alternative Provider from the Department of Early
13		Childhood and no person may be employed by a licensed early
14		care and education provider or Recognized Alternative Provider
15		child care facility who refuses to authorize an investigation
16		as required by Section 4.1.
17		(b) In addition to the other provisions of this Section,
18		no applicant may receive a license or registration as a
19		Recognized Alternative Provider from the Department of Early
20		Childhood and no person may be employed by a child care
21		facility licensed early care and education provider or
22		Recognized Alternative Provider by the Department of Early
23		Childhood who has been declared a sexually dangerous person
24		under the Sexually Dangerous Persons Act, or convicted of
25		committing or attempting to commit any of the following

HB3595 Enrolled - 652 - LRB104 08153 BAB 18201 b
1		offenses stipulated under the Criminal Code of 1961 or the
2		Criminal Code of 2012:
3		(1) murder;
4		(1.1) solicitation of murder;
5		(1.2) solicitation of murder for hire;
6		(1.3) intentional homicide of an unborn child;
7		(1.4) voluntary manslaughter of an unborn child;
8		(1.5) involuntary manslaughter;
9		(1.6) reckless homicide;
10		(1.7) concealment of a homicidal death;
11		(1.8) involuntary manslaughter of an unborn child;
12		(1.9) reckless homicide of an unborn child;
13		(1.10) drug-induced homicide;
14		(2) a sex offense under Article 11, except offenses
15		described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
16		11-40, and 11-45;
17		(3) kidnapping;
18		(3.1) aggravated unlawful restraint;
19		(3.2) forcible detention;
20		(3.3) harboring a runaway;
21		(3.4) aiding and abetting child abduction;
22		(4) aggravated kidnapping;
23		(5) child abduction;
24		(6) aggravated battery of a child as described in
25		Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
26		(7) criminal sexual assault;

HB3595 Enrolled - 653 - LRB104 08153 BAB 18201 b
1		(8) aggravated criminal sexual assault;
2		(8.1) predatory criminal sexual assault of a child;
3		(9) criminal sexual abuse;
4		(10) aggravated sexual abuse;
5		(11) heinous battery as described in Section 12-4.1 or
6		subdivision (a)(2) of Section 12-3.05;
7		(12) aggravated battery with a firearm as described in
8		Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
9		(e)(4) of Section 12-3.05;
10		(13) tampering with food, drugs, or cosmetics;
11		(14) drug induced infliction of great bodily harm as
12		described in Section 12-4.7 or subdivision (g)(1) of
13		Section 12-3.05;
14		(15) hate crime;
15		(16) stalking;
16		(17) aggravated stalking;
17		(18) threatening public officials;
18		(19) home invasion;
19		(20) vehicular invasion;
20		(21) criminal transmission of HIV;
21		(22) criminal abuse or neglect of an elderly person or
22		person with a disability as described in Section 12-21 or
23		subsection (e) of Section 12-4.4a;
24		(23) child abandonment;
25		(24) endangering the life or health of a child;
26		(25) ritual mutilation;

HB3595 Enrolled - 654 - LRB104 08153 BAB 18201 b
1		(26) ritualized abuse of a child;
2		(27) an offense in any other jurisdiction the elements
3		of which are similar and bear a substantial relationship
4		to any of the foregoing offenses.
5		(b-1) In addition to the other provisions of this Section,
6		beginning January 1, 2004, no new applicant and, on the date of
7		licensure renewal, no current licensee may operate or receive
8		a license from the Department of Early Childhood to operate,
9		no person may be employed by, and no adult person may reside in
10		an early care and education provider's location a child care
11		facility licensed by the Department of Early Childhood who has
12		been convicted of committing or attempting to commit any of
13		the following offenses or an offense in any other jurisdiction
14		the elements of which are similar and bear a substantial
15		relationship to any of the following offenses:
16		(I) BODILY HARM
17		(1) Felony aggravated assault.
18		(2) Vehicular endangerment.
19		(3) Felony domestic battery.
20		(4) Aggravated battery.
21		(5) Heinous battery.
22		(6) Aggravated battery with a firearm.
23		(7) Aggravated battery of an unborn child.
24		(8) Aggravated battery of a senior citizen.
25		(9) Intimidation.

HB3595 Enrolled - 655 - LRB104 08153 BAB 18201 b
1		(10) Compelling organization membership of persons.
2		(11) Abuse and criminal neglect of a long term care
3		facility resident.
4		(12) Felony violation of an order of protection.
5		(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY
6		(1) Felony unlawful use of weapons.
7		(2) Aggravated discharge of a firearm.
8		(3) Reckless discharge of a firearm.
9		(4) Unlawful use of metal piercing bullets.
10		(5) Unlawful sale or delivery of firearms on the
11		premises of any school.
12		(6) Disarming a police officer.
13		(7) Obstructing justice.
14		(8) Concealing or aiding a fugitive.
15		(9) Armed violence.
16		(10) Felony contributing to the criminal delinquency
17		of a juvenile.
18		(III) DRUG OFFENSES
19		(1) Possession of more than 30 grams of cannabis.
20		(2) Manufacture of more than 10 grams of cannabis.
21		(3) Cannabis trafficking.
22		(4) Delivery of cannabis on school grounds.
23		(5) Unauthorized production of more than 5 cannabis
24		sativa plants.

HB3595 Enrolled - 656 - LRB104 08153 BAB 18201 b
1		(6) Calculated criminal cannabis conspiracy.
2		(7) Unauthorized manufacture or delivery of controlled
3		substances.
4		(8) Controlled substance trafficking.
5		(9) Manufacture, distribution, or advertisement of
6		look-alike substances.
7		(10) Calculated criminal drug conspiracy.
8		(11) Street gang criminal drug conspiracy.
9		(12) Permitting unlawful use of a building.
10		(13) Delivery of controlled, counterfeit, or
11		look-alike substances to persons under age 18, or at truck
12		stops, rest stops, or safety rest areas, or on school
13		property.
14		(14) Using, engaging, or employing persons under 18 to
15		deliver controlled, counterfeit, or look-alike substances.
16		(15) Delivery of controlled substances.
17		(16) Sale or delivery of drug paraphernalia.
18		(17) Felony possession, sale, or exchange of
19		instruments adapted for use of a controlled substance,
20		methamphetamine, or cannabis by subcutaneous injection.
21		(18) Felony possession of a controlled substance.
22		(19) Any violation of the Methamphetamine Control and
23		Community Protection Act.
24		(b-1.5) In addition to any other provision of this
25		Section, for applicants with access to confidential financial
26		information or who submit documentation to support billing,

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1		the Department of Early Childhood may, in its discretion, deny
2		or refuse to renew a license to an applicant who has been
3		convicted of committing or attempting to commit any of the
4		following felony offenses:
5		(1) financial institution fraud under Section 17-10.6
6		of the Criminal Code of 1961 or the Criminal Code of 2012;
7		(2) identity theft under Section 16-30 of the Criminal
8		Code of 1961 or the Criminal Code of 2012;
9		(3) financial exploitation of an elderly person or a
10		person with a disability under Section 17-56 of the
11		Criminal Code of 1961 or the Criminal Code of 2012;
12		(4) computer tampering under Section 17-51 of the
13		Criminal Code of 1961 or the Criminal Code of 2012;
14		(5) aggravated computer tampering under Section 17-52
15		of the Criminal Code of 1961 or the Criminal Code of 2012;
16		(6) computer fraud under Section 17-50 of the Criminal
17		Code of 1961 or the Criminal Code of 2012;
18		(7) deceptive practices under Section 17-1 of the
19		Criminal Code of 1961 or the Criminal Code of 2012;
20		(8) forgery under Section 17-3 of the Criminal Code of
21		1961 or the Criminal Code of 2012;
22		(9) State benefits fraud under Section 17-6 of the
23		Criminal Code of 1961 or the Criminal Code of 2012;
24		(10) mail fraud and wire fraud under Section 17-24 of
25		the Criminal Code of 1961 or the Criminal Code of 2012;
26		(11) theft under paragraphs (1.1) through (11) of

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1		subsection (b) of Section 16-1 of the Criminal Code of
2		1961 or the Criminal Code of 2012.
3		(b-2) Notwithstanding subsection (b-1), the Department of
4		Early Childhood may make an exception and, for an early care
5		and education a day care center, early care and education day
6		care home, or group early care and education day care home,
7		issue a new early care and education provider child care
8		facility license to or renew the existing early care and
9		education provider child care facility license of an
10		applicant, a person employed by an early care and education
11		provider a child care facility, or an applicant who has an
12		adult residing in a home early care and education provider
13		child care facility who was convicted of an offense described
14		in subsection (b-1), provided that all of the following
15		requirements are met:
16		(1) The relevant criminal offense occurred more than 5
17		years prior to the date of application or renewal, except
18		for drug offenses. The relevant drug offense must have
19		occurred more than 10 years prior to the date of
20		application or renewal, unless the applicant passed a drug
21		test, arranged and paid for by the early care and
22		education provider child care facility, no less than 5
23		years after the offense.
24		(2) The Department of Early Childhood must conduct a
25		background check and assess all convictions and
26		recommendations of the early care and education provider

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1		child care facility to determine if hiring or licensing
2		the applicant is in accordance with Department of Early
3		Childhood administrative rules and procedures.
4		(3) The applicant meets all other requirements and
5		qualifications to be licensed as the pertinent type of
6		early care and education provider child care facility
7		under this Act and the Department of Early Childhood
8		administrative rules.
9		(c) Except for programs operating under subsection (d-10)
10		of Section 3 that are organized under the Park District Code or
11		the Chicago Park District Act, beginning July 1, 2027, the
12		Department of Early Childhood shall have the sole
13		responsibility for evaluating criminal history for early care
14		and education provider applicants and their employees and
15		volunteers and determining whether to issue a license, issue a
16		registration as a Recognized Alternative Provider, or approve
17		an individual to work in an early care and education setting
18		based on the early care and education provider's, employee's,
19		or volunteer's criminal history record. In evaluating the
20		background check requirements under this Section and Section
21		4.1, the Department shall associate the record with the
22		individual. In evaluating the exception pursuant to subsection
23		(b-2), the Department of Early Childhood must carefully review
24		any relevant documents to determine whether the applicant,
25		despite the disqualifying convictions, poses a substantial
26		risk to State resources or clients. In making such a

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1		determination, the following guidelines shall be used:
2		(1) the age of the applicant when the offense was
3		committed;
4		(2) the circumstances surrounding the offense;
5		(3) the length of time since the conviction;
6		(4) the specific duties and responsibilities
7		necessarily related to the license being applied for and
8		the bearing, if any, that the applicant's conviction
9		history may have on the applicant's fitness to perform
10		these duties and responsibilities;
11		(5) the applicant's employment references;
12		(6) the applicant's character references and any
13		certificates of achievement;
14		(7) an academic transcript showing educational
15		attainment since the disqualifying conviction;
16		(8) a Certificate of Relief from Disabilities or
17		Certificate of Good Conduct; and
18		(9) anything else that speaks to the applicant's
19		character.
20		(Source: P.A. 103-594, eff. 7-1-26.)
21		(225 ILCS 10/4.3)  (from Ch. 23, par. 2214.3)
22		(Text of Section before amendment by P.A. 103-594)
23		Sec. 4.3. Child abuse and neglect reports. All child care
24		facility license applicants and all current and prospective
25		employees of a child care facility who have any possible

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1		contact with children in the course of their duties, as a
2		condition of such licensure or employment, shall authorize in
3		writing on a form prescribed by the Department an
4		investigation of the Central Register, as defined in the
5		Abused and Neglected Child Reporting Act, to ascertain if such
6		applicant or employee has been determined to be a perpetrator
7		in an indicated report of child abuse or neglect.
8		All child care facilities as a condition of licensure
9		pursuant to this Act shall maintain such information which
10		demonstrates that all current employees and other applicants
11		for employment who have any possible contact with children in
12		the course of their duties have authorized an investigation of
13		the Central Register as hereinabove required. Only those
14		current or prospective employees who will have no possible
15		contact with children as part of their present or prospective
16		employment may be excluded from provisions requiring
17		authorization of an investigation.
18		Such information concerning a license applicant, employee
19		or prospective employee obtained by the Department shall be
20		confidential and exempt from public inspection and copying as
21		provided under Section 7 of The Freedom of Information Act,
22		and such information shall not be transmitted outside the
23		Department, except as provided in the Abused and Neglected
24		Child Reporting Act, and shall not be transmitted to anyone
25		within the Department except as provided in the Abused and
26		Neglected Child Reporting Act, and shall not be transmitted to

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1		anyone within the Department except as needed for the purposes
2		of evaluation of an application for licensure or for
3		consideration by a child care facility of an employee. Any
4		employee of the Department of Children and Family Services
5		under this Section who gives or causes to be given any
6		confidential information concerning any child abuse or neglect
7		reports about a child care facility applicant, child care
8		facility employee, shall be guilty of a Class A misdemeanor,
9		unless release of such information is authorized by Section
10		11.1 of the Abused and Neglected Child Reporting Act.
11		Additionally, any licensee who is informed by the
12		Department of Children and Family Services, pursuant to
13		Section 7.4 of the Abused and Neglected Child Reporting Act,
14		approved June 26, 1975, as amended, that a formal
15		investigation has commenced relating to an employee of the
16		child care facility or any other person in frequent contact
17		with children at the facility, shall take reasonable action
18		necessary to insure that the employee or other person is
19		restricted during the pendency of the investigation from
20		contact with children whose care has been entrusted to the
21		facility.
22		When a foster family home is the subject of an indicated
23		report under the Abused and Neglected Child Reporting Act, the
24		Department of Children and Family Services must immediately
25		conduct a re-examination of the foster family home to evaluate
26		whether it continues to meet the minimum standards for

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1		licensure. The re-examination is separate and apart from the
2		formal investigation of the report. The Department must
3		establish a schedule for re-examination of the foster family
4		home mentioned in the report at least once a year.
5		When a certified relative caregiver home is the subject of
6		an indicated report under the Abused and Neglected Child
7		Reporting Act, the Department shall immediately conduct a
8		re-examination of the certified relative caregiver home to
9		evaluate whether the home remains an appropriate placement or
10		the certified relative caregiver home continues to meet the
11		minimum standards for certification required under Section 3.4
12		of this Act. The re-examination is separate and apart from the
13		formal investigation of the report and shall be completed in
14		the timeframes established by rule.
15		(Source: P.A. 103-1061, eff. 7-1-25.)
16		(Text of Section after amendment by P.A. 103-594)
17		Sec. 4.3. Child abuse and neglect reports. All early care
18		and education provider child care facility license applicants
19		(other than an early care and education a day care center,
20		early care and education day care home, or group early care and
21		education day care home) and all current and prospective
22		employees of an early care and education provider a child care
23		facility (other than an early care and education a day care
24		center, early care and education day care home, or group early
25		care and education day care home) who have any possible

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1		contact with children in the course of their duties, as a
2		condition of such licensure or employment, shall authorize in
3		writing on a form prescribed by the Department an
4		investigation of the Central Register, as defined in the
5		Abused and Neglected Child Reporting Act, to ascertain if such
6		applicant or employee has been determined to be a perpetrator
7		in an indicated report of child abuse or neglect.
8		All early care and education providers child care
9		facilities (other than an early care and education a day care
10		center, early care and education day care home, or group early
11		care and education day care home) as a condition of licensure
12		pursuant to this Act shall maintain such information which
13		demonstrates that all current employees and other applicants
14		for employment who have any possible contact with children in
15		the course of their duties have authorized an investigation of
16		the Central Register as hereinabove required. Only those
17		current or prospective employees who will have no possible
18		contact with children as part of their present or prospective
19		employment may be excluded from provisions requiring
20		authorization of an investigation.
21		Such information concerning a license applicant, employee
22		or prospective employee obtained by the Department shall be
23		confidential and exempt from public inspection and copying as
24		provided under Section 7 of The Freedom of Information Act,
25		and such information shall not be transmitted outside the
26		Department, except as provided in the Abused and Neglected

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1		Child Reporting Act, and shall not be transmitted to anyone
2		within the Department except as provided in the Abused and
3		Neglected Child Reporting Act, and shall not be transmitted to
4		anyone within the Department except as needed for the purposes
5		of evaluation of an application for licensure or for
6		consideration by an early care and education provider a child
7		care facility of an employee. Any employee of the Department
8		of Children and Family Services under this Section who gives
9		or causes to be given any confidential information concerning
10		any child abuse or neglect reports about an early care and
11		education provider a child care facility applicant, early care
12		and education provider child care facility employee, shall be
13		guilty of a Class A misdemeanor, unless release of such
14		information is authorized by Section 11.1 of the Abused and
15		Neglected Child Reporting Act.
16		Additionally, any licensee who is informed by the
17		Department of Children and Family Services, pursuant to
18		Section 7.4 of the Abused and Neglected Child Reporting Act,
19		approved June 26, 1975, as amended, that a formal
20		investigation has commenced relating to an employee of the
21		early care and education provider child care facility or any
22		other person in frequent contact with children at the provider
23		facility, shall take reasonable action necessary to insure
24		that the employee or other person is restricted during the
25		pendency of the investigation from contact with children whose
26		care has been entrusted to the provider facility.

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1		When a foster family home is the subject of an indicated
2		report under the Abused and Neglected Child Reporting Act, the
3		Department of Children and Family Services must immediately
4		conduct a re-examination of the foster family home to evaluate
5		whether it continues to meet the minimum standards for
6		licensure. The re-examination is separate and apart from the
7		formal investigation of the report. The Department must
8		establish a schedule for re-examination of the foster family
9		home mentioned in the report at least once a year.
10		When a certified relative caregiver home is the subject of
11		an indicated report under the Abused and Neglected Child
12		Reporting Act, the Department shall immediately conduct a
13		re-examination of the certified relative caregiver home to
14		evaluate whether the home remains an appropriate placement or
15		the certified relative caregiver home continues to meet the
16		minimum standards for certification required under Section 3.4
17		of this Act. The re-examination is separate and apart from the
18		formal investigation of the report and shall be completed in
19		the timeframes established by rule.
20		(Source: P.A. 103-594, eff. 7-1-26; 103-1061, eff. 7-1-25.)
21		(225 ILCS 10/4.3a)
22		(This Section may contain text from a Public Act with a
23		delayed effective date)
24		Sec. 4.3a. Child Abuse and Neglect Reports; Department of
25		Early Childhood. All early care and education provider child

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1		care facility license applicants and all current and
2		prospective employees of an early care and education a day
3		care center, early care and education day care home, or group
4		early care and education day care home who have any possible
5		contact with children in the course of their duties, as a
6		condition of such licensure or employment, shall authorize in
7		writing on a form prescribed by the Department of Early
8		Childhood an investigation of the Central Register, as defined
9		in the Abused and Neglected Child Reporting Act, to ascertain
10		if such applicant or employee has been determined to be a
11		perpetrator in an indicated report of child abuse or neglect.
12		All early care and education providers child care facilities
13		as a condition of licensure pursuant to this Act shall
14		maintain such information which demonstrates that all current
15		employees and other applicants for employment who have any
16		possible contact with children in the course of their duties
17		have authorized an investigation of the Central Register as
18		hereinabove required. Only those current or prospective
19		employees who will have no possible contact with children as
20		part of their present or prospective employment may be
21		excluded from provisions requiring authorization of an
22		investigation. Such information concerning a license
23		applicant, employee or prospective employee obtained by the
24		Department of Early Childhood shall be confidential and exempt
25		from public inspection and copying as provided under Section 7
26		of The Freedom of Information Act, and such information shall

HB3595 Enrolled - 668 - LRB104 08153 BAB 18201 b
1		not be transmitted outside the Department of Early Childhood,
2		except as provided in the Abused and Neglected Child Reporting
3		Act, and shall not be transmitted to anyone within the
4		Department of Early Childhood except as provided in the Abused
5		and Neglected Child Reporting Act, and shall not be
6		transmitted to anyone within the Department of Early Childhood
7		except as needed for the purposes of evaluation of an
8		application for licensure or for consideration by an early
9		care and education provider a child care facility of an
10		employee. Any employee of the Department of Early Childhood
11		under this Section who gives or causes to be given any
12		confidential information concerning any child abuse or neglect
13		reports about an early care and education provider a child
14		care facility applicant or early care and education provider
15		child care facility employee shall be guilty of a Class A
16		misdemeanor, unless release of such information is authorized
17		by Section 11.1 of the Abused and Neglected Child Reporting
18		Act. Additionally, any licensee who is informed by the
19		Department of Children and Family Services, pursuant to
20		Section 7.4 of the Abused and Neglected Child Reporting Act
21		that a formal investigation has commenced relating to an
22		employee of the early care and education provider child care
23		facility or any other person in frequent contact with children
24		at the provider facility shall take reasonable action
25		necessary to ensure that the employee or other person is
26		restricted during the pendency of the investigation from

HB3595 Enrolled - 669 - LRB104 08153 BAB 18201 b
1		contact with children whose care has been entrusted to the
2		provider facility.
3		(Source: P.A. 103-594, eff. 7-1-26.)
4		(225 ILCS 10/4.4)  (from Ch. 23, par. 2214.4)
5		(Text of Section before amendment by P.A. 103-594)
6		Sec. 4.4. For the purposes of background investigations
7		authorized in this Act, "license applicant" means the operator
8		or person with direct responsibility for daily operation of
9		the facility to be licensed. In the case of facilities to be
10		operated in a family home, the Department may, by rule,
11		require that other adult residents of that home also authorize
12		such investigations.
13		(Source: P.A. 84-158.)
14		(Text of Section after amendment by P.A. 103-594)
15		Sec. 4.4. This Section does not apply to any early care and
16		education day care center, early care and education day care
17		home, or group early care and education day care home. For the
18		purposes of background investigations authorized in this Act,
19		"license applicant" means the operator or person with direct
20		responsibility for daily operation of the provider facility to
21		be licensed. In the case of providers facilities to be
22		operated in a family home, the Department may, by rule,
23		require that other adult residents of that home also authorize
24		such investigations with the exception of early care and

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1		education day care homes and group early care and education
2		day care homes.
3		(Source: P.A. 103-594, eff. 7-1-26.)
4		(225 ILCS 10/4.4a)
5		(This Section may contain text from a Public Act with a
6		delayed effective date)
7		Sec. 4.4a. Background investigations; Department of Early
8		Childhood. For the purposes of background investigations
9		authorized in this Act, "license applicant" means the operator
10		or person with direct responsibility for daily operation of
11		the early care and education day care center, early care and
12		education day care home, or group early care and education day
13		care home to be licensed. In the case of providers facilities
14		to be operated in a family home, as related to early care and
15		education day care homes and group early care and education
16		day care homes, the Department of Early Childhood may, by
17		rule, require that other adult residents of that home also
18		authorize such investigations.
19		(Source: P.A. 103-594, eff. 7-1-26.)
20		(225 ILCS 10/4.5)
21		(Text of Section before amendment by P.A. 103-594)
22		Sec. 4.5. Children with disabilities; training.
23		(a) An owner or operator of a licensed day care home or
24		group day care home or the onsite executive director of a

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1		licensed day care center must successfully complete a basic
2		training course in providing care to children with
3		disabilities. The basic training course will also be made
4		available on a voluntary basis to those providers who are
5		exempt from the licensure requirements of this Act.
6		(b) The Department of Children and Family Services shall
7		promulgate rules establishing the requirements for basic
8		training in providing care to children with disabilities.
9		(Source: P.A. 92-164, eff. 1-1-02.)
10		(Text of Section after amendment by P.A. 103-594)
11		Sec. 4.5. Children with disabilities; training.
12		(a) An owner or operator of a licensed early care and
13		education day care home or group early care and education day
14		care home or the onsite executive director of a licensed early
15		care and education day care center must successfully complete
16		a basic training course in providing care to children with
17		disabilities. The basic training course will also be made
18		available on a voluntary basis to those providers who are
19		exempt from the licensure requirements of this Act.
20		(b) The Department of Early Childhood shall promulgate
21		rules establishing the requirements for basic training in
22		providing care to children with disabilities.
23		(Source: P.A. 103-594, eff. 7-1-26.)
24		(225 ILCS 10/5)  (from Ch. 23, par. 2215)

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1		(Text of Section before amendment by P.A. 103-594)
2		Sec. 5. (a) In respect to child care institutions,
3		maternity centers, child welfare agencies, day care centers,
4		day care agencies and group homes, the Department, upon
5		receiving application filed in proper order, shall examine the
6		facilities and persons responsible for care of children
7		therein.
8		(b) In respect to foster family and day care homes,
9		applications may be filed on behalf of such homes by a licensed
10		child welfare agency, by a State agency authorized to place
11		children in foster care or by out-of-State agencies approved
12		by the Department to place children in this State. In respect
13		to day care homes, applications may be filed on behalf of such
14		homes by a licensed day care agency or licensed child welfare
15		agency. In applying for license in behalf of a home in which
16		children are placed by and remain under supervision of the
17		applicant agency, such agency shall certify that the home and
18		persons responsible for care of unrelated children therein, or
19		the home and relatives, as defined in Section 2.36 of this Act,
20		responsible for the care of related children therein, were
21		found to be in reasonable compliance with standards prescribed
22		by the Department for the type of care indicated.
23		(c) The Department shall not allow any person to examine
24		facilities under a provision of this Act who has not passed an
25		examination demonstrating that such person is familiar with
26		this Act and with the appropriate standards and regulations of

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1		the Department.
2		(d) With the exception of day care centers, day care
3		homes, and group day care homes, licenses shall be issued in
4		such form and manner as prescribed by the Department and are
5		valid for 4 years from the date issued, unless revoked by the
6		Department or voluntarily surrendered by the licensee.
7		Licenses issued for day care centers, day care homes, and
8		group day care homes shall be valid for 3 years from the date
9		issued, unless revoked by the Department or voluntarily
10		surrendered by the licensee. When a licensee has made timely
11		and sufficient application for the renewal of a license or a
12		new license with reference to any activity of a continuing
13		nature, the existing license shall continue in full force and
14		effect for up to 30 days until the final agency decision on the
15		application has been made. The Department may further extend
16		the period in which such decision must be made in individual
17		cases for up to 30 days, but such extensions shall be only upon
18		good cause shown.
19		(e) The Department may issue one 6-month permit to a newly
20		established facility for child care to allow that facility
21		reasonable time to become eligible for a full license. If the
22		facility for child care is a foster family home, or day care
23		home the Department may issue one 2-month permit only.
24		(f) The Department may issue an emergency permit to a
25		child care facility taking in children as a result of the
26		temporary closure for more than 2 weeks of a licensed child

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1		care facility due to a natural disaster. An emergency permit
2		under this subsection shall be issued to a facility only if the
3		persons providing child care services at the facility were
4		employees of the temporarily closed day care center at the
5		time it was closed. No investigation of an employee of a child
6		care facility receiving an emergency permit under this
7		subsection shall be required if that employee has previously
8		been investigated at another child care facility. No emergency
9		permit issued under this subsection shall be valid for more
10		than 90 days after the date of issuance.
11		(g) During the hours of operation of any licensed child
12		care facility, authorized representatives of the Department
13		may without notice visit the facility for the purpose of
14		determining its continuing compliance with this Act or
15		regulations adopted pursuant thereto.
16		(h) Day care centers, day care homes, and group day care
17		homes shall be monitored at least annually by a licensing
18		representative from the Department or the agency that
19		recommended licensure.
20		(Source: P.A. 103-1061, eff. 7-1-25.)
21		(Text of Section after amendment by P.A. 103-594)
22		Sec. 5. (a) This Section does not apply to any early care
23		and education day care center, early care and education day
24		care home, or group early care and education day care home.
25		In respect to early care and education child care

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1		institutions, maternity centers, child welfare agencies, and
2		group homes, the Department, upon receiving application filed
3		in proper order, shall examine the providers facilities and
4		persons responsible for care of children therein.
5		(b) In respect to foster family homes, applications may be
6		filed on behalf of such homes by a licensed child welfare
7		agency, by a State agency authorized to place children in
8		foster care or by out-of-State agencies approved by the
9		Department to place children in this State. In applying for
10		license in behalf of a home in which children are placed by and
11		remain under supervision of the applicant agency, such agency
12		shall certify that the home and persons responsible for care
13		of unrelated children therein, or the home and relatives, as
14		defined in Section 2.36 of this Act, responsible for the care
15		of related children therein, were found to be in reasonable
16		compliance with standards prescribed by the Department for the
17		type of care indicated.
18		(c) The Department shall not allow any person to examine
19		providers facilities under a provision of this Act who has not
20		passed an examination demonstrating that such person is
21		familiar with this Act and with the appropriate standards and
22		regulations of the Department.
23		(d) Licenses shall be issued in such form and manner as
24		prescribed by the Department and are valid for 4 years from the
25		date issued, unless revoked by the Department or voluntarily
26		surrendered by the licensee. When a licensee has made timely

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1		and sufficient application for the renewal of a license or a
2		new license with reference to any activity of a continuing
3		nature, the existing license shall continue in full force and
4		effect for up to 30 days until the final agency decision on the
5		application has been made. The Department may further extend
6		the period in which such decision must be made in individual
7		cases for up to 30 days, but such extensions shall be only upon
8		good cause shown.
9		(e) The Department may issue one 6-month permit to a newly
10		established provider facility for early care and education
11		child care to allow that provider facility reasonable time to
12		become eligible for a full license. If the provider facility
13		for early care and education child care is a foster family
14		home, the Department may issue one 2-month permit only.
15		(f) The Department may issue an emergency permit to an
16		early care and education provider a child care facility taking
17		in children as a result of the temporary closure for more than
18		2 weeks of a licensed early care and education provider's
19		location child care facility due to a natural disaster. An
20		emergency permit under this subsection shall be issued to a
21		provider facility only if the persons providing early care and
22		education child care services at the provider facility were
23		employees of the temporarily closed provider facility at the
24		time it was closed. No investigation of an employee of an early
25		care and education provider a child care facility receiving an
26		emergency permit under this subsection shall be required if

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1		that employee has previously been investigated at another
2		early care and education provider child care facility. No
3		emergency permit issued under this subsection shall be valid
4		for more than 90 days after the date of issuance.
5		(g) During the hours of operation of any licensed early
6		care and education provider's location child care facility,
7		authorized representatives of the Department may without
8		notice visit the provider's location facility for the purpose
9		of determining its continuing compliance with this Act or
10		regulations adopted pursuant thereto.
11		(h) (Blank).
12		(Source: P.A. 103-594, eff. 7-1-26; 103-1061, eff. 7-1-25.)
13		(225 ILCS 10/5.01)
14		(This Section may contain text from a Public Act with a
15		delayed effective date)
16		Sec. 5.01. Licenses; permits; Department of Early
17		Childhood.
18		(a) In respect to early care and education day care
19		centers, the Department of Early Childhood, upon receiving
20		application filed in proper order, shall examine the providers
21		facilities and persons responsible for care of children
22		therein.
23		(b) In respect to early care and education day care homes,
24		applications may be filed on behalf of such homes by the
25		Department of Early Childhood.

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1		(c) The Department of Early Childhood shall not allow any
2		person to examine providers facilities under a provision of
3		this Act who has not passed an examination demonstrating that
4		such person is familiar with this Act and with the appropriate
5		standards and regulations of the Department of Early
6		Childhood.
7		(d) Licenses issued for early care and education day care
8		centers, early care and education day care homes, and group
9		early care and education day care homes shall be valid for 3
10		years from the date issued, unless revoked by the Department
11		of Early Childhood or voluntarily surrendered by the licensee.
12		When a licensee has made timely and sufficient application for
13		the renewal of a license or a new license with reference to any
14		activity of a continuing nature, the existing license shall
15		continue in full force and effect for up to 30 days until the
16		final agency decision on the application has been made. The
17		Department of Early Childhood may further extend the period in
18		which such decision must be made in individual cases for up to
19		30 days, but such extensions shall be only upon good cause
20		shown.
21		(e) The Department of Early Childhood may issue one
22		6-month permit to a newly established provider facility for
23		early care and education child care to allow that provider
24		facility reasonable time to become eligible for a full
25		license. If the provider facility for early care and education
26		child care is an early care and education a day care home, the

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1		Department of Early Childhood may issue one 2-month permit
2		only.
3		(f) The Department of Early Childhood may issue an
4		emergency permit to an early care and education a day care
5		center taking in children as a result of the temporary closure
6		for more than 2 weeks of a licensed early care and education
7		provider's location child care facility due to a natural
8		disaster. An emergency permit under this subsection shall be
9		issued to a provider facility only if the persons providing
10		early care and education child care services at the provider
11		facility were employees of the temporarily closed early care
12		and education day care center at the time it was closed. No
13		investigation of an employee of an early care and education
14		provider a child care facility receiving an emergency permit
15		under this subsection shall be required if that employee has
16		previously been investigated at another early care and
17		education provider child care facility. No emergency permit
18		issued under this subsection shall be valid for more than 90
19		days after the date of issuance.
20		(g) During the hours of operation of any licensed early
21		care and education day care center, early care and education
22		day care home, or group early care and education day care home,
23		authorized representatives of the Department of Early
24		Childhood may without notice visit the provider's location
25		facility for the purpose of determining its continuing
26		compliance with this Act or rules adopted pursuant thereto.

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1		(h) Early care and education Day care centers, early care
2		and education day care homes, and group early care and
3		education day care homes shall be monitored at least annually
4		by a licensing representative from the Department of Early
5		Childhood that recommended licensure.
6		(Source: P.A. 103-594, eff. 7-1-26; 104-417, eff. 8-15-25.)
7		(225 ILCS 10/5.1)
8		(Text of Section before amendment by P.A. 103-594)
9		Sec. 5.1. (a) The Department shall ensure that no day care
10		center, group home, or child care institution as defined in
11		this Act shall on a regular basis transport a child or children
12		with any motor vehicle unless such vehicle is operated by a
13		person who complies with the following requirements:
14		1. is 21 years of age or older;
15		2. currently holds a valid driver's license, which has
16		not been revoked or suspended for one or more traffic
17		violations during the 3 years immediately prior to the
18		date of application;
19		3. demonstrates physical fitness to operate vehicles
20		by submitting the results of a medical examination
21		conducted by a licensed physician;
22		4. has not been convicted of more than 2 offenses
23		against traffic regulations governing the movement of
24		vehicles within a 12-month period;
25		5. has not been convicted of reckless driving or

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1		driving under the influence or manslaughter or reckless
2		homicide resulting from the operation of a motor vehicle
3		within the past 3 years;
4		6. has signed and submitted a written statement
5		certifying that the person has not, through the unlawful
6		operation of a motor vehicle, caused a crash which
7		resulted in the death of any person within the 5 years
8		immediately prior to the date of application.
9		However, such day care centers, group homes, and child
10		care institutions may provide for transportation of a child or
11		children for special outings, functions, or purposes that are
12		not scheduled on a regular basis without verification that
13		drivers for such purposes meet the requirements of this
14		Section.
15		(a-5) As a means of ensuring compliance with the
16		requirements set forth in subsection (a), the Department shall
17		implement appropriate measures to verify that every individual
18		who is employed at a group home or child care institution meets
19		those requirements.
20		For every person employed at a group home or child care
21		institution who regularly transports children in the course of
22		performing the person's duties, the Department must make the
23		verification every 2 years. Upon the Department's request, the
24		Secretary of State shall provide the Department with the
25		information necessary to enable the Department to make the
26		verifications required under subsection (a).

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1		In the case of an individual employed at a group home or
2		child care institution who becomes subject to subsection (a)
3		for the first time after January 1, 2007 (the effective date of
4		Public Act 94-943), the Department must make that verification
5		with the Secretary of State before the individual operates a
6		motor vehicle to transport a child or children under the
7		circumstances described in subsection (a).
8		In the case of an individual employed at a group home or
9		child care institution who is subject to subsection (a) on
10		January 1, 2007 (the effective date of Public Act 94-943), the
11		Department must make that verification with the Secretary of
12		State within 30 days after January 1, 2007.
13		If the Department discovers that an individual fails to
14		meet the requirements set forth in subsection (a), the
15		Department shall promptly notify the appropriate group home or
16		child care institution.
17		(b) Any individual who holds a valid Illinois school bus
18		driver permit issued by the Secretary of State pursuant to the
19		Illinois Vehicle Code, and who is currently employed by a
20		school district or parochial school, or by a contractor with a
21		school district or parochial school, to drive a school bus
22		transporting children to and from school, shall be deemed in
23		compliance with the requirements of subsection (a).
24		(c) The Department may, pursuant to Section 8 of this Act,
25		revoke the license of any day care center, group home, or child
26		care institution that fails to meet the requirements of this

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1		Section.
2		(d) A group home or child care institution that fails to
3		meet the requirements of this Section is guilty of a petty
4		offense and is subject to a fine of not more than $1,000. Each
5		day that a group home or child care institution fails to meet
6		the requirements of this Section is a separate offense.
7		(Source: P.A. 102-982, eff. 7-1-23; 103-22, eff. 8-8-23;
8		103-605, eff. 7-1-24; 104-417, eff. 8-15-25.)
9		(Text of Section after amendment by P.A. 103-594)
10		Sec. 5.1. (a) The Department shall ensure that no group
11		home or early care and education child care institution as
12		defined in this Act shall on a regular basis transport a child
13		or children with any motor vehicle unless such vehicle is
14		operated by a person who complies with the following
15		requirements:
16		1. is 21 years of age or older;
17		2. currently holds a valid driver's license, which has
18		not been revoked or suspended for one or more traffic
19		violations during the 3 years immediately prior to the
20		date of application;
21		3. demonstrates physical fitness to operate vehicles
22		by submitting the results of a medical examination
23		conducted by a licensed physician;
24		4. has not been convicted of more than 2 offenses
25		against traffic regulations governing the movement of

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1		vehicles within a 12-month period;
2		5. has not been convicted of reckless driving or
3		driving under the influence or manslaughter or reckless
4		homicide resulting from the operation of a motor vehicle
5		within the past 3 years;
6		6. has signed and submitted a written statement
7		certifying that the person has not, through the unlawful
8		operation of a motor vehicle, caused a crash which
9		resulted in the death of any person within the 5 years
10		immediately prior to the date of application.
11		However, such group homes and early care and education
12		child care institutions may provide for transportation of a
13		child or children for special outings, functions, or purposes
14		that are not scheduled on a regular basis without verification
15		that drivers for such purposes meet the requirements of this
16		Section.
17		(a-5) As a means of ensuring compliance with the
18		requirements set forth in subsection (a), the Department shall
19		implement appropriate measures to verify that every individual
20		who is employed at a group home or early care and education
21		child care institution meets those requirements.
22		For every person employed at a group home or early care and
23		education child care institution who regularly transports
24		children in the course of performing the person's duties, the
25		Department must make the verification every 2 years. Upon the
26		Department's request, the Secretary of State shall provide the

HB3595 Enrolled - 685 - LRB104 08153 BAB 18201 b
1		Department with the information necessary to enable the
2		Department to make the verifications required under subsection
3		(a).
4		In the case of an individual employed at a group home or
5		early care and education child care institution who becomes
6		subject to subsection (a) for the first time after January 1,
7		2007 (the effective date of Public Act 94-943), the Department
8		must make that verification with the Secretary of State before
9		the individual operates a motor vehicle to transport a child
10		or children under the circumstances described in subsection
11		(a).
12		In the case of an individual employed at a group home or
13		early care and education child care institution who is subject
14		to subsection (a) on January 1, 2007 (the effective date of
15		Public Act 94-943), the Department must make that verification
16		with the Secretary of State within 30 days after January 1,
17		2007.
18		If the Department discovers that an individual fails to
19		meet the requirements set forth in subsection (a), the
20		Department shall promptly notify the appropriate group home or
21		early care and education child care institution.
22		(b) Any individual who holds a valid Illinois school bus
23		driver permit issued by the Secretary of State pursuant to the
24		Illinois Vehicle Code, and who is currently employed by a
25		school district or parochial school, or by a contractor with a
26		school district or parochial school, to drive a school bus

HB3595 Enrolled - 686 - LRB104 08153 BAB 18201 b
1		transporting children to and from school, shall be deemed in
2		compliance with the requirements of subsection (a).
3		(c) The Department may, pursuant to Section 8 of this Act,
4		revoke the license of any group home or early care and
5		education child care institution that fails to meet the
6		requirements of this Section.
7		(d) A group home or early care and education child care
8		institution that fails to meet the requirements of this
9		Section is guilty of a petty offense and is subject to a fine
10		of not more than $1,000. Each day that a group home or early
11		care and education child care institution fails to meet the
12		requirements of this Section is a separate offense.
13		(Source: P.A. 103-22, eff. 8-8-23; 103-594, eff. 7-1-26;
14		103-605, eff. 7-1-24; 104-417, eff. 8-15-25.)
15		(225 ILCS 10/5.1a)
16		(This Section may contain text from a Public Act with a
17		delayed effective date)
18		Sec. 5.1a. Transportation of children; early care and
19		education day care centers. The Department of Early Childhood
20		shall ensure that no early care and education day care center
21		shall on a regular basis transport a child or children with any
22		motor vehicle unless such vehicle is operated by a person who
23		complies with the following requirements:
24		(1) is 21 years of age or older;
25		(2) currently holds a valid driver's license, which

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1		has not been revoked or suspended for one or more traffic
2		violations during the 3 years immediately prior to the
3		date of application;
4		(3) demonstrates physical fitness to operate vehicles
5		by submitting the results of a medical examination
6		conducted by a licensed physician;
7		(4) has not been convicted of more than 2 offenses
8		against traffic regulations governing the movement of
9		vehicles within a 12-month period;
10		(5) has not been convicted of reckless driving or
11		driving under the influence or manslaughter or reckless
12		homicide resulting from the operation of a motor vehicle
13		within the past 3 years;
14		(6) has signed and submitted a written statement
15		certifying that the person has not, through the unlawful
16		operation of a motor vehicle, caused a crash which
17		resulted in the death of any person within the 5 years
18		immediately prior to the date of application.
19		However, such early care and education day care centers
20		may provide for transportation of a child or children for
21		special outings, functions or purposes that are not scheduled
22		on a regular basis without verification that drivers for such
23		purposes meet the requirements of this Section.
24		(b) Any individual who holds a valid Illinois school bus
25		driver permit issued by the Secretary of State pursuant to the
26		Illinois Vehicle Code, and who is currently employed by a

HB3595 Enrolled - 688 - LRB104 08153 BAB 18201 b
1		school district or parochial school, or by a contractor with a
2		school district or parochial school, to drive a school bus
3		transporting children to and from school, shall be deemed in
4		compliance with the requirements of subsection (a).
5		(c) The Department of Early Childhood may, pursuant to
6		Section 8a of this Act, revoke the license of any early care
7		and education day care center that fails to meet the
8		requirements of this Section.
9		(Source: P.A. 103-594, eff. 7-1-26.)
10		(225 ILCS 10/5.2)
11		(Text of Section before amendment by P.A. 103-594)
12		Sec. 5.2. Unsafe children's products.
13		(a) A child care facility may not use or have on the
14		premises, on or after July 1, 2000, an unsafe children's
15		product as described in Section 15 of the Children's Product
16		Safety Act. This subsection (a) does not apply to an antique or
17		collectible children's product if it is not used by, or
18		accessible to, any child in the child care facility.
19		(b) The Department of Children and Family Services shall
20		notify child care facilities, on an ongoing basis, including
21		during the license application facility examination and during
22		annual license monitoring visits, of the provisions of this
23		Section and the Children's Product Safety Act and of the
24		comprehensive list of unsafe children's products as provided
25		and maintained by the Department of Public Health available on

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1		the Internet, as determined in accordance with that Act, in
2		plain, non-technical language that will enable each child care
3		facility to effectively inspect children's products and
4		identify unsafe children's products. Subject to availability
5		of appropriations, the Department of Children and Family
6		Services, in accordance with the requirements of this Section,
7		shall establish and maintain a database on the safety of
8		consumer products and other products or substances regulated
9		by the Department that is: (i) publicly available; (ii)
10		searchable; and (iii) accessible through the Internet website
11		of the Department. Child care facilities must maintain all
12		written information provided pursuant to this subsection in a
13		file accessible to both facility staff and parents of children
14		attending the facility. Child care facilities must post in
15		prominent locations regularly visited by parents written
16		notification of the existence of the comprehensive list of
17		unsafe children's products available on the Internet. The
18		Department of Children and Family Services shall adopt rules
19		to carry out this Section.
20		(Source: P.A. 103-44, eff. 1-1-24.)
21		(Text of Section after amendment by P.A. 103-594)
22		Sec. 5.2. Unsafe children's products; Department of
23		Children and Family Services.
24		(a) An early care and education provider A child care
25		facility may not use or have on its the premises, on or after

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1		July 1, 2000, an unsafe children's product as described in
2		Section 15 of the Children's Product Safety Act. This
3		subsection (a) does not apply to an antique or collectible
4		children's product if it is not used by, or accessible to, any
5		child on in the early care and education provider's premises
6		child care facility.
7		(b) The Department of Children and Family Services shall
8		notify early care and education providers child care
9		facilities (other than an early care and education a day care
10		center, early care and education day care home, or group early
11		care and education day care home), on an ongoing basis,
12		including during the license application provider facility
13		examination and during annual license monitoring visits, of
14		the provisions of this Section and the Children's Product
15		Safety Act and of the comprehensive list of unsafe children's
16		products as provided and maintained by the Department of
17		Public Health available on the Internet, as determined in
18		accordance with that Act, in plain, non-technical language
19		that will enable each early care and education provider child
20		care facility to effectively inspect children's products and
21		identify unsafe children's products. Subject to availability
22		of appropriations, the Department of Children and Family
23		Services, in accordance with the requirements of this Section,
24		shall establish and maintain a database on the safety of
25		consumer products and other products or substances regulated
26		by the Department that is: (i) publicly available; (ii)

HB3595 Enrolled - 691 - LRB104 08153 BAB 18201 b
1		searchable; and (iii) accessible through the Internet website
2		of the Department. Early care and education providers Child
3		care facilities must maintain all written information provided
4		pursuant to this subsection in a file accessible to both
5		provider facility staff and parents of children attending the
6		provider. Early care and education providers facility. Child
7		care facilities must post in prominent locations regularly
8		visited by parents written notification of the existence of
9		the comprehensive list of unsafe children's products available
10		on the Internet. The Department of Children and Family
11		Services shall adopt rules to carry out this Section.
12		(Source: P.A. 103-44, eff. 1-1-24; 103-594, eff. 7-1-26.)
13		(225 ILCS 10/5.2a)
14		(This Section may contain text from a Public Act with a
15		delayed effective date)
16		Sec. 5.2a. Unsafe children's products; Department of Early
17		Childhood.
18		(a) An early care and education A day care center, early
19		care and education day care home, or group early care and
20		education day care home may not use or have on the premises an
21		unsafe children's product as described in Section 15 of the
22		Children's Product Safety Act. This subsection (a) does not
23		apply to an antique or collectible children's product if it is
24		not used by, or accessible to, any child in the early care and
25		education day care center, early care and education day care

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1		home, or group early care and education day care home.
2		(b) The Department of Early Childhood shall notify early
3		care and education day care centers, early care and education
4		day care homes, and group early care and education day care
5		homes, on an ongoing basis, including during the license
6		application provider facility examination and during annual
7		license monitoring visits, of the provisions of this Section
8		and the Children's Product Safety Act and of the comprehensive
9		list of unsafe children's products as provided and maintained
10		by the Department of Public Health available on the Internet,
11		as determined in accordance with that Act, in plain,
12		non-technical language that will enable each early care and
13		education provider child care facility to effectively inspect
14		children's products and identify unsafe children's products.
15		Subject to availability of appropriations, the Department of
16		Early Childhood, in accordance with the requirements of this
17		Section, shall establish and maintain a database on the safety
18		of consumer products and other products or substances
19		regulated by the Department of Early Childhood that is: (i)
20		publicly available; (ii) searchable; and (iii) accessible
21		through the Internet website of the Department of Early
22		Childhood. Early care and education providers Child care
23		facilities must maintain all written information provided
24		pursuant to this subsection in a file accessible to both
25		provider facility staff and parents of children attending the
26		provider. Early care and education facility. Day care centers,

HB3595 Enrolled - 693 - LRB104 08153 BAB 18201 b
1		early care and education day care homes, and group early care
2		and education day care homes must post in prominent locations
3		regularly visited by parents written notification of the
4		existence of the comprehensive list of unsafe children's
5		products available on the Internet. The Department of Early
6		Childhood shall adopt rules to carry out this Section.
7		(Source: P.A. 103-594, eff. 7-1-26.)
8		(225 ILCS 10/5.3)
9		Sec. 5.3. Lunches in early care and education day care
10		homes. In order to increase the affordability and availability
11		of early care and education day care, an early care and
12		education a day care home licensed under this Act may allow any
13		child it receives to bring the child's lunch for consumption
14		instead of or in addition to the lunch provided by the early
15		care and education day care home.
16		(Source: P.A. 103-22, eff. 8-8-23.)
17		(225 ILCS 10/5.5)
18		Sec. 5.5. Smoking in early care and education providers
19		day care facilities.
20		(a) The General Assembly finds and declares that:
21		(1) The U.S. government has determined that secondhand
22		tobacco smoke is a major threat to public health for which
23		there is no safe level of exposure.
24		(2) The U.S. Environmental Protection Agency recently

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1		classified secondhand tobacco smoke a Class A carcinogen,
2		ranking it with substances such as asbestos and benzene.
3		(3) According to U.S. government figures, secondhand
4		tobacco smoke is linked to the lung-cancer deaths of an
5		estimated 3,000 nonsmokers per year.
6		(4) Cigarette smoke is a special risk to children,
7		causing between 150,000 and 300,000 respiratory infections
8		each year in children under 18 months old, and endangering
9		between 200,000 and one million children with asthma.
10		(5) The health of the children of this State should
11		not be compromised by needless exposure to secondhand
12		tobacco smoke.
13		(b) It is a violation of this Act for any person to smoke
14		tobacco in any area of an early care and education a day care
15		center.
16		(c) It is a violation of this Act for any person to smoke
17		tobacco in any area of an early care and education a day care
18		home or group early care and education day care home.
19		(d) It is a violation of this Act for any person
20		responsible for the operation of an early care and education a
21		day care center, early care and education day care home, or
22		group early care and education day care home to knowingly
23		allow or encourage any violation of subsection (b) or (c) of
24		this Section.
25		(Source: P.A. 99-343, eff. 8-11-15.)

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1		(225 ILCS 10/5.6)
2		Sec. 5.6. Pesticide and lawn care product application at
3		early care and education day care centers.
4		(a) Licensed early care and education day care centers
5		shall abide by the requirements of Sections 10.2 and 10.3 of
6		the Structural Pest Control Act.
7		(b) Notification required pursuant to Section 10.3 of the
8		Structural Pest Control Act may not be given more than 30 days
9		before the application of the pesticide.
10		(c) Each licensed early care and education day care
11		center, subject to the requirements of Section 10.3 of the
12		Structural Pest Control Act, must ensure that pesticides will
13		not be applied when children are present at the center. Toys
14		and other items mouthed or handled by the children must be
15		removed from the area before pesticides are applied. Children
16		must not return to the treated area within 2 hours after a
17		pesticide application or as specified on the pesticide label,
18		whichever time is greater.
19		(d) The owners and operators of licensed early care and
20		education day care centers must ensure that lawn care products
21		will not be applied to early care and education day care center
22		grounds when children are present at the center or on its
23		grounds. For the purpose of this Section, "lawn care product"
24		has the same meaning as that term is defined in the Lawn Care
25		Products Application and Notice Act.
26		(Source: P.A. 96-424, eff. 8-13-09.)

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1		(225 ILCS 10/5.8)
2		(Text of Section before amendment by P.A. 103-594)
3		Sec. 5.8. Radon testing of licensed day care centers,
4		licensed day care homes, and licensed group day care homes.
5		(a) Effective January 1, 2013, licensed day care centers,
6		licensed day care homes, and licensed group day care homes
7		shall have the facility tested for radon at least once every 3
8		years pursuant to rules established by the Illinois Emergency
9		Management Agency.
10		(b) Effective January 1, 2014, as part of an initial
11		application or application for renewal of a license for day
12		care centers, day care homes, and group day care homes, the
13		Department shall require proof the facility has been tested
14		within the last 3 years for radon pursuant to rules
15		established by the Illinois Emergency Management Agency.
16		(c) The report of the most current radon measurement shall
17		be posted in the facility next to the license issued by the
18		Department. Copies of the report shall be provided to parents
19		or guardians upon request.
20		(d) Included with the report referenced in subsection (c)
21		shall be the following statement:
22		"Every parent or guardian is notified that this
23		facility has performed radon measurements to ensure the
24		health and safety of the occupants. The Illinois Emergency
25		Management Agency (IEMA) recommends that all residential

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1		homes be tested and that corrective actions be taken at
2		levels equal to or greater than 4.0 pCi/L. Radon is a Class
3		A human carcinogen, the leading cause of lung cancer in
4		non-smokers, and the second leading cause of lung cancer
5		overall. For additional information about this facility
6		contact the licensee and for additional information
7		regarding radon contact the IEMA Radon Program at
8		800-325-1245 or on the Internet at
9		www.radon.illinois.gov.".
10		(Source: P.A. 97-981, eff. 1-1-13.)
11		(Text of Section after amendment by P.A. 103-594)
12		Sec. 5.8. Radon testing of licensed early care and
13		education day care centers, licensed early care and education
14		day care homes, and licensed group early care and education
15		day care homes.
16		(a) Licensed early care and education day care centers,
17		licensed early care and education day care homes, and licensed
18		group early care and education day care homes shall have the
19		provider facility tested for radon at least once every 3 years
20		pursuant to rules established by the Illinois Emergency
21		Management Agency.
22		(b) As part of an initial application or application for
23		renewal of a license for early care and education day care
24		centers, early care and education day care homes, and group
25		early care and education day care homes, the Department of

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1		Early Childhood shall require proof the provider facility has
2		been tested within the last 3 years for radon pursuant to rules
3		established by the Illinois Emergency Management Agency.
4		(c) The report of the most current radon measurement shall
5		be posted in the location facility next to the license issued
6		by the Department of Early Childhood. Copies of the report
7		shall be provided to parents or guardians upon request.
8		(d) Included with the report referenced in subsection (c)
9		shall be the following statement:
10		"Every parent or guardian is notified that this
11		facility has performed radon measurements to ensure the
12		health and safety of the occupants. The Illinois Emergency
13		Management Agency (IEMA) recommends that all residential
14		homes be tested and that corrective actions be taken at
15		levels equal to or greater than 4.0 pCi/L. Radon is a Class
16		A human carcinogen, the leading cause of lung cancer in
17		non-smokers, and the second leading cause of lung cancer
18		overall. For additional information about this facility
19		contact the licensee and for additional information
20		regarding radon contact the IEMA Radon Program at
21		800-325-1245 or on the Internet at
22		www.radon.illinois.gov.".
23		(Source: P.A. 103-594, eff. 7-1-26.)
24		(225 ILCS 10/5.9)
25		(Text of Section before amendment by P.A. 103-594)

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1		Sec. 5.9. Lead testing of water in licensed day care
2		centers, day care homes and group day care homes.
3		(a) On or before January 1, 2018, the Department, in
4		consultation with the Department of Public Health, shall adopt
5		rules that prescribe the procedures and standards to be used
6		by the Department in assessing levels of lead in water in
7		licensed day care centers, day care homes, and group day care
8		homes constructed on or before January 1, 2000 that serve
9		children under the age of 6. Such rules shall, at a minimum,
10		include provisions regarding testing parameters, the
11		notification of sampling results, training requirements for
12		lead exposure and mitigation.
13		(b) After adoption of the rules required by subsection
14		(a), and as part of an initial application or application for
15		renewal of a license for day care centers, day care homes, and
16		group day care homes, the Department shall require proof that
17		the applicant has complied with all such rules.
18		(Source: P.A. 99-922, eff. 1-17-17.)
19		(Text of Section after amendment by P.A. 103-594)
20		Sec. 5.9. Lead testing of water in licensed early care and
21		education day care centers, early care and education day care
22		homes and group early care and education day care homes.
23		(a) The Department of Early Childhood, in consultation
24		with the Department of Public Health, shall adopt rules that
25		prescribe the procedures and standards to be used by the

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1		Department of Early Childhood in assessing levels of lead in
2		water in licensed early care and education day care centers,
3		early care and education day care homes, and group early care
4		and education day care homes constructed on or before January
5		1, 2000 that serve children under the age of 6. Such rules
6		shall, at a minimum, include provisions regarding testing
7		parameters, the notification of sampling results, training
8		requirements for lead exposure and mitigation.
9		(b) After adoption of the rules required by subsection
10		(a), and as part of an initial application or application for
11		renewal of a license for early care and education day care
12		centers, early care and education day care homes, and group
13		early care and education day care homes, the Department shall
14		require proof that the applicant has complied with all such
15		rules.
16		(Source: P.A. 103-594, eff. 7-1-26.)
17		(225 ILCS 10/5.10)
18		(Text of Section before amendment by P.A. 103-594)
19		Sec. 5.10. Child care limitation on expulsions. Consistent
20		with the purposes of this amendatory Act of the 100th General
21		Assembly and the requirements therein under paragraph (7) of
22		subsection (a) of Section 2-3.71 of the School Code, the
23		Department, in consultation with the Governor's Office of
24		Early Childhood Development and the State Board of Education,
25		shall adopt rules prohibiting the use of expulsion due to a

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1		child's persistent and serious challenging behaviors in
2		licensed day care centers, day care homes, and group day care
3		homes. The rulemaking shall address, at a minimum,
4		requirements for licensees to establish intervention and
5		transition policies, notify parents of policies, document
6		intervention steps, and collect and report data on children
7		transitioning out of the program.
8		(Source: P.A. 100-105, eff. 1-1-18.)
9		(Text of Section after amendment by P.A. 103-594)
10		Sec. 5.10. Early care and education Child care limitation
11		on expulsions. Consistent with the purposes of Public Act
12		100-105 and the requirements therein under paragraph (7) of
13		subsection (a) of Section 2-3.71 of the School Code, the
14		Department of Early Childhood, in consultation with the State
15		Board of Education, shall adopt rules prohibiting the use of
16		expulsion due to a child's persistent and serious challenging
17		behaviors in licensed early care and education day care
18		centers, early care and education day care homes, and group
19		early care and education day care homes. The rulemaking shall
20		address, at a minimum, requirements for licensees to establish
21		intervention and transition policies, notify parents of
22		policies, document intervention steps, and collect and report
23		data on children transitioning out of the program.
24		(Source: P.A. 103-594, eff. 7-1-26.)

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1		(225 ILCS 10/5.11)
2		(Text of Section before amendment by P.A. 103-594)
3		Sec. 5.11. Plan for anaphylactic shock. The Department
4		shall require each licensed day care center, day care home,
5		and group day care home to have a plan for anaphylactic shock
6		to be followed for the prevention of anaphylaxis and during a
7		medical emergency resulting from anaphylaxis. The plan should
8		be based on the guidance and recommendations provided by the
9		American Academy of Pediatrics relating to the management of
10		food allergies or other allergies. The plan should be shared
11		with parents or guardians upon enrollment at each licensed day
12		care center, day care home, and group day care home. If a child
13		requires specific specialized treatment during an episode of
14		anaphylaxis, that child's treatment plan should be kept by the
15		staff of the day care center, day care home, or group day care
16		home and followed in the event of an emergency. Each licensed
17		day care center, day care home, and group day care home shall
18		have at least one staff member present at all times who has
19		taken a training course in recognizing and responding to
20		anaphylaxis.
21		(Source: P.A. 102-413, eff. 8-20-21.)
22		(Text of Section after amendment by P.A. 103-594)
23		Sec. 5.11. Plan for anaphylactic shock. The Department of
24		Early Childhood shall require each licensed early care and
25		education day care center, early care and education day care

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1		home, and group early care and education day care home to have
2		a plan for anaphylactic shock to be followed for the
3		prevention of anaphylaxis and during a medical emergency
4		resulting from anaphylaxis. The plan should be based on the
5		guidance and recommendations provided by the American Academy
6		of Pediatrics relating to the management of food allergies or
7		other allergies. The plan should be shared with parents or
8		guardians upon enrollment at each licensed early care and
9		education day care center, early care and education day care
10		home, and group early care and education day care home. If a
11		child requires specific specialized treatment during an
12		episode of anaphylaxis, that child's treatment plan should be
13		kept by the staff of the early care and education day care
14		center, early care and education day care home, or group early
15		care and education day care home and followed in the event of
16		an emergency. Each licensed early care and education day care
17		center, early care and education day care home, and group
18		early care and education day care home shall have at least one
19		staff member present at all times who has taken a training
20		course in recognizing and responding to anaphylaxis.
21		(Source: P.A. 102-413, eff. 8-20-21; 103-594, eff. 7-1-26.)
22		(225 ILCS 10/5.12)
23		Sec. 5.12. Early care and education Day care centers
24		operating hours. An early care and education A day care center
25		may operate for 24 hours or longer and may provide care for a

HB3595 Enrolled - 704 - LRB104 08153 BAB 18201 b
1		child for a period of up to 12 hours if the parent or guardian
2		of the child is employed in a position that requires regularly
3		scheduled shifts and an 8-hour a 10-hour period elapses
4		between early care and education day care visits. The
5		Department shall adopt rules necessary to implement and
6		administer this Section.
7		(Source: P.A. 103-952, eff. 1-1-25.)
8		(225 ILCS 10/6)  (from Ch. 23, par. 2216)
9		(Text of Section before amendment by P.A. 103-594)
10		Sec. 6. (a) A licensed facility operating as a "child care
11		institution", "maternity center", "child welfare agency", "day
12		care agency" or "day care center" must apply for renewal of its
13		license held, the application to be made to the Department on
14		forms prescribed by it.
15		(b) The Department, a duly licensed child welfare agency
16		or a suitable agency or person designated by the Department as
17		its agent to do so, must re-examine every child care facility
18		for renewal of license, including in that process the
19		examination of the premises and records of the facility as the
20		Department considers necessary to determine that minimum
21		standards for licensing continue to be met, and random surveys
22		of parents or legal guardians who are consumers of such
23		facilities' services to assess the quality of care at such
24		facilities. In the case of foster family homes, or day care
25		homes under the supervision of or otherwise required to be

HB3595 Enrolled - 705 - LRB104 08153 BAB 18201 b
1		licensed by the Department, or under supervision of a licensed
2		child welfare agency or day care agency, the examination shall
3		be made by the Department, or agency supervising such homes.
4		If the Department is satisfied that the facility continues to
5		maintain minimum standards which it prescribes and publishes,
6		it shall renew the license to operate the facility.
7		(b-5) In the case of a quality of care concerns applicant
8		as defined in Section 2.22a of this Act, in addition to the
9		examination required in subsection (b) of this Section, the
10		Department shall not renew the license of a quality of care
11		concerns applicant unless the Department is satisfied that the
12		foster family home does not pose a risk to children and that
13		the foster family home will be able to meet the physical and
14		emotional needs of children. In making this determination, the
15		Department must obtain and carefully review all relevant
16		documents and shall obtain consultation from its Clinical
17		Division as appropriate and as prescribed by Department rule
18		and procedure. The Department has the authority to deny an
19		application for renewal based on a record of quality of care
20		concerns. In the alternative, the Department may (i) approve
21		the application for renewal subject to obtaining additional
22		information or assessments, (ii) approve the application for
23		renewal for purposes of placing or maintaining only a
24		particular child or children only in the foster home, or (iii)
25		approve the application for renewal. The Department shall
26		notify the quality of care concerns applicant of its decision

HB3595 Enrolled - 706 - LRB104 08153 BAB 18201 b
1		and the basis for its decision in writing.
2		(c) If a child care facility's license, other than a
3		license for a foster family home, is revoked, or if the
4		Department refuses to renew a facility's license, the facility
5		may not reapply for a license before the expiration of 12
6		months following the Department's action; provided, however,
7		that the denial of a reapplication for a license pursuant to
8		this subsection must be supported by evidence that the prior
9		revocation renders the applicant unqualified or incapable of
10		satisfying the standards and rules promulgated by the
11		Department pursuant to this Act or maintaining a facility
12		which adheres to such standards and rules.
13		(d) If a foster family home license (i) is revoked, (ii) is
14		surrendered for cause, or (iii) expires or is surrendered with
15		either certain types of involuntary placement holds in place
16		or while a licensing or child abuse or neglect investigation
17		is pending, or if the Department refuses to renew a foster home
18		license, the foster home may not reapply for a license before
19		the expiration of 5 years following the Department's action or
20		following the expiration or surrender of the license.
21		(Source: P.A. 99-779, eff. 1-1-17.)
22		(Text of Section after amendment by P.A. 103-594)
23		Sec. 6. (a) A licensed provider facility operating as an
24		"early care and education a "child care institution",
25		"maternity center", or "child welfare agency", must apply for

HB3595 Enrolled - 707 - LRB104 08153 BAB 18201 b
1		renewal of its license held, the application to be made to the
2		Department on forms prescribed by it.
3		(b) The Department, a duly licensed child welfare agency
4		or a suitable agency or person designated by the Department as
5		its agent to do so, must re-examine every early care and
6		education provider child care facility for renewal of license,
7		including in that process the examination of the premises and
8		records of the provider facility as the Department considers
9		necessary to determine that minimum standards for licensing
10		continue to be met, and random surveys of parents or legal
11		guardians who are consumers of such providers' facilities'
12		services to assess the quality of care at such providers
13		facilities. In the case of foster family homes, the
14		examination shall be made by the Department, or agency
15		supervising such homes. If the Department is satisfied that
16		the provider facility continues to maintain minimum standards
17		which it prescribes and publishes, it shall renew the license
18		to operate the provider facility.
19		(b-5) In the case of a quality of care concerns applicant
20		as defined in Section 2.22a of this Act, in addition to the
21		examination required in subsection (b) of this Section, the
22		Department shall not renew the license of a quality of care
23		concerns applicant unless the Department is satisfied that the
24		foster family home does not pose a risk to children and that
25		the foster family home will be able to meet the physical and
26		emotional needs of children. In making this determination, the

HB3595 Enrolled - 708 - LRB104 08153 BAB 18201 b
1		Department must obtain and carefully review all relevant
2		documents and shall obtain consultation from its Clinical
3		Division as appropriate and as prescribed by Department rule
4		and procedure. The Department has the authority to deny an
5		application for renewal based on a record of quality of care
6		concerns. In the alternative, the Department may (i) approve
7		the application for renewal subject to obtaining additional
8		information or assessments, (ii) approve the application for
9		renewal for purposes of placing or maintaining only a
10		particular child or children only in the foster home, or (iii)
11		approve the application for renewal. The Department shall
12		notify the quality of care concerns applicant of its decision
13		and the basis for its decision in writing.
14		(c) If an early care and education provider's a child care
15		facility's (other than an early care and education a day care
16		center, early care and education day care home, or group early
17		care and education day care home) license, other than a
18		license for a foster family home, is revoked, or if the
19		Department refuses to renew a provider's facility's license,
20		the provider facility may not reapply for a license before the
21		expiration of 12 months following the Department's action;
22		provided, however, that the denial of a reapplication for a
23		license pursuant to this subsection must be supported by
24		evidence that the prior revocation renders the applicant
25		unqualified or incapable of satisfying the standards and rules
26		promulgated by the Department pursuant to this Act or

HB3595 Enrolled - 709 - LRB104 08153 BAB 18201 b
1		maintaining a provider facility which adheres to such
2		standards and rules.
3		(d) If a foster family home license (i) is revoked, (ii) is
4		surrendered for cause, or (iii) expires or is surrendered with
5		either certain types of involuntary placement holds in place
6		or while a licensing or child abuse or neglect investigation
7		is pending, or if the Department refuses to renew a foster home
8		license, the foster home may not reapply for a license before
9		the expiration of 5 years following the Department's action or
10		following the expiration or surrender of the license.
11		(Source: P.A. 103-594, eff. 7-1-26.)
12		(225 ILCS 10/7)  (from Ch. 23, par. 2217)
13		(Text of Section before amendment by P.A. 103-594)
14		Sec. 7. (a) The Department must prescribe and publish
15		minimum standards for licensing that apply to the various
16		types of facilities for child care defined in this Act and that
17		are equally applicable to like institutions under the control
18		of the Department and to foster family homes used by and under
19		the direct supervision of the Department. The Department shall
20		seek the advice and assistance of persons representative of
21		the various types of child care facilities in establishing
22		such standards. The standards prescribed and published under
23		this Act take effect as provided in the Illinois
24		Administrative Procedure Act, and are restricted to
25		regulations pertaining to the following matters and to any

HB3595 Enrolled - 710 - LRB104 08153 BAB 18201 b
1		rules and regulations required or permitted by any other
2		Section of this Act:
3		(1) The operation and conduct of the facility and
4		responsibility it assumes for child care;
5		(2) The character, suitability and qualifications of
6		the applicant and other persons directly responsible for
7		the care and welfare of children served. All child day
8		care center licensees and employees who are required to
9		report child abuse or neglect under the Abused and
10		Neglected Child Reporting Act shall be required to attend
11		training on recognizing child abuse and neglect, as
12		prescribed by Department rules;
13		(3) The general financial ability and competence of
14		the applicant to provide necessary care for children and
15		to maintain prescribed standards;
16		(4) The number of individuals or staff required to
17		insure adequate supervision and care of the children
18		received. The standards shall provide that each child care
19		institution, maternity center, day care center, group
20		home, day care home, and group day care home shall have on
21		its premises during its hours of operation at least one
22		staff member certified in first aid, in the Heimlich
23		maneuver and in cardiopulmonary resuscitation by the
24		American Red Cross or other organization approved by rule
25		of the Department. Child welfare agencies shall not be
26		subject to such a staffing requirement. The Department may

HB3595 Enrolled - 711 - LRB104 08153 BAB 18201 b
1		offer, or arrange for the offering, on a periodic basis in
2		each community in this State in cooperation with the
3		American Red Cross, the American Heart Association or
4		other appropriate organization, voluntary programs to
5		train operators of foster family homes and day care homes
6		in first aid and cardiopulmonary resuscitation;
7		(5) The appropriateness, safety, cleanliness, and
8		general adequacy of the premises, including maintenance of
9		adequate fire prevention and health standards conforming
10		to State laws and municipal codes to provide for the
11		physical comfort, care, and well-being of children
12		received;
13		(6) Provisions for food, clothing, educational
14		opportunities, program, equipment and individual supplies
15		to assure the healthy physical, mental, and spiritual
16		development of children served;
17		(7) Provisions to safeguard the legal rights of
18		children served;
19		(8) Maintenance of records pertaining to the
20		admission, progress, health, and discharge of children,
21		including, for day care centers and day care homes,
22		records indicating each child has been immunized as
23		required by State regulations. The Department shall
24		require proof that children enrolled in a facility have
25		been immunized against Haemophilus Influenzae B (HIB);
26		(9) Filing of reports with the Department;

HB3595 Enrolled - 712 - LRB104 08153 BAB 18201 b
1		(10) Discipline of children;
2		(11) Protection and fostering of the particular
3		religious faith of the children served;
4		(12) Provisions prohibiting firearms on day care
5		center premises except in the possession of peace
6		officers;
7		(13) Provisions prohibiting handguns on day care home
8		premises except in the possession of peace officers or
9		other adults who must possess a handgun as a condition of
10		employment and who reside on the premises of a day care
11		home;
12		(14) Provisions requiring that any firearm permitted
13		on day care home premises, except handguns in the
14		possession of peace officers, shall be kept in a
15		disassembled state, without ammunition, in locked storage,
16		inaccessible to children and that ammunition permitted on
17		day care home premises shall be kept in locked storage
18		separate from that of disassembled firearms, inaccessible
19		to children;
20		(15) Provisions requiring notification of parents or
21		guardians enrolling children at a day care home of the
22		presence in the day care home of any firearms and
23		ammunition and of the arrangements for the separate,
24		locked storage of such firearms and ammunition;
25		(16) Provisions requiring all licensed child care
26		facility employees who care for newborns and infants to

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1		complete training every 3 years on the nature of sudden
2		unexpected infant death (SUID), sudden infant death
3		syndrome (SIDS), and the safe sleep recommendations of the
4		American Academy of Pediatrics; and
5		(17) With respect to foster family homes, provisions
6		requiring the Department to review quality of care
7		concerns and to consider those concerns in determining
8		whether a foster family home is qualified to care for
9		children.
10		By July 1, 2022, all licensed day care home providers,
11		licensed group day care home providers, and licensed day care
12		center directors and classroom staff shall participate in at
13		least one training that includes the topics of early childhood
14		social emotional learning, infant and early childhood mental
15		health, early childhood trauma, or adverse childhood
16		experiences. Current licensed providers, directors, and
17		classroom staff shall complete training by July 1, 2022 and
18		shall participate in training that includes the above topics
19		at least once every 3 years.
20		(b) If, in a facility for general child care, there are
21		children diagnosed as mentally ill or children diagnosed as
22		having an intellectual or physical disability, who are
23		determined to be in need of special mental treatment or of
24		nursing care, or both mental treatment and nursing care, the
25		Department shall seek the advice and recommendation of the
26		Department of Human Services, the Department of Public Health,

HB3595 Enrolled - 714 - LRB104 08153 BAB 18201 b
1		or both Departments regarding the residential treatment and
2		nursing care provided by the institution.
3		(c) The Department shall investigate any person applying
4		to be licensed as a foster parent to determine whether there is
5		any evidence of current drug or alcohol abuse in the
6		prospective foster family. The Department shall not license a
7		person as a foster parent if drug or alcohol abuse has been
8		identified in the foster family or if a reasonable suspicion
9		of such abuse exists, except that the Department may grant a
10		foster parent license to an applicant identified with an
11		alcohol or drug problem if the applicant has successfully
12		participated in an alcohol or drug treatment program,
13		self-help group, or other suitable activities and if the
14		Department determines that the foster family home can provide
15		a safe, appropriate environment and meet the physical and
16		emotional needs of children.
17		(d) The Department, in applying standards prescribed and
18		published, as herein provided, shall offer consultation
19		through employed staff or other qualified persons to assist
20		applicants and licensees in meeting and maintaining minimum
21		requirements for a license and to help them otherwise to
22		achieve programs of excellence related to the care of children
23		served. Such consultation shall include providing information
24		concerning education and training in early childhood
25		development to providers of day care home services. The
26		Department may provide or arrange for such education and

HB3595 Enrolled - 715 - LRB104 08153 BAB 18201 b
1		training for those providers who request such assistance.
2		(e) The Department shall distribute copies of licensing
3		standards to all licensees and applicants for a license. Each
4		licensee or holder of a permit shall distribute copies of the
5		appropriate licensing standards and any other information
6		required by the Department to child care facilities under its
7		supervision. Each licensee or holder of a permit shall
8		maintain appropriate documentation of the distribution of the
9		standards. Such documentation shall be part of the records of
10		the facility and subject to inspection by authorized
11		representatives of the Department.
12		(f) The Department shall prepare summaries of day care
13		licensing standards. Each licensee or holder of a permit for a
14		day care facility shall distribute a copy of the appropriate
15		summary and any other information required by the Department,
16		to the legal guardian of each child cared for in that facility
17		at the time when the child is enrolled or initially placed in
18		the facility. The licensee or holder of a permit for a day care
19		facility shall secure appropriate documentation of the
20		distribution of the summary and brochure. Such documentation
21		shall be a part of the records of the facility and subject to
22		inspection by an authorized representative of the Department.
23		(g) The Department shall distribute to each licensee and
24		holder of a permit copies of the licensing or permit standards
25		applicable to such person's facility. Each licensee or holder
26		of a permit shall make available by posting at all times in a

HB3595 Enrolled - 716 - LRB104 08153 BAB 18201 b
1		common or otherwise accessible area a complete and current set
2		of licensing standards in order that all employees of the
3		facility may have unrestricted access to such standards. All
4		employees of the facility shall have reviewed the standards
5		and any subsequent changes. Each licensee or holder of a
6		permit shall maintain appropriate documentation of the current
7		review of licensing standards by all employees. Such records
8		shall be part of the records of the facility and subject to
9		inspection by authorized representatives of the Department.
10		(h) Any standards involving physical examinations,
11		immunization, or medical treatment shall include appropriate
12		exemptions for children whose parents object thereto on the
13		grounds that they conflict with the tenets and practices of a
14		recognized church or religious organization, of which the
15		parent is an adherent or member, and for children who should
16		not be subjected to immunization for clinical reasons.
17		(i) The Department, in cooperation with the Department of
18		Public Health, shall work to increase immunization awareness
19		and participation among parents of children enrolled in day
20		care centers and day care homes by publishing on the
21		Department's website information about the benefits of
22		immunization against vaccine preventable diseases, including
23		influenza and pertussis. The information for vaccine
24		preventable diseases shall include the incidence and severity
25		of the diseases, the availability of vaccines, and the
26		importance of immunizing children and persons who frequently

HB3595 Enrolled - 717 - LRB104 08153 BAB 18201 b
1		have close contact with children. The website content shall be
2		reviewed annually in collaboration with the Department of
3		Public Health to reflect the most current recommendations of
4		the Advisory Committee on Immunization Practices (ACIP). The
5		Department shall work with day care centers and day care homes
6		licensed under this Act to ensure that the information is
7		annually distributed to parents in August or September.
8		(j) Any standard adopted by the Department that requires
9		an applicant for a license to operate a day care home to
10		include a copy of a high school diploma or equivalent
11		certificate with the person's application shall be deemed to
12		be satisfied if the applicant includes a copy of a high school
13		diploma or equivalent certificate or a copy of a degree from an
14		accredited institution of higher education or vocational
15		institution or equivalent certificate.
16		(Source: P.A. 102-4, eff. 4-27-21; 103-22, eff. 8-8-23.)
17		(Text of Section after amendment by P.A. 103-594)
18		Sec. 7. (a) The Department must prescribe and publish
19		minimum standards for licensing that apply to the various
20		types of providers facilities for early care and education
21		child care defined in this Act (other than an early care and
22		education a day care center, early care and education day care
23		home, or group early care and education day care home) and that
24		are equally applicable to like institutions under the control
25		of the Department and to foster family homes used by and under

HB3595 Enrolled - 718 - LRB104 08153 BAB 18201 b
1		the direct supervision of the Department. The Department shall
2		seek the advice and assistance of persons representative of
3		the various types of early care and education providers child
4		care facilities in establishing such standards. The standards
5		prescribed and published under this Act take effect as
6		provided in the Illinois Administrative Procedure Act, and are
7		restricted to regulations pertaining to the following matters
8		and to any rules and regulations required or permitted by any
9		other Section of this Act:
10		(1) The operation and conduct of the provider facility
11		and responsibility it assumes for early care and education
12		child care;
13		(2) The character, suitability and qualifications of
14		the applicant and other persons directly responsible for
15		the care and welfare of children served.;
16		(3) The general financial ability and competence of
17		the applicant to provide necessary care for children and
18		to maintain prescribed standards;
19		(4) The number of individuals or staff required to
20		insure adequate supervision and care of the children
21		received. The standards shall provide that each early care
22		and education child care institution, maternity center,
23		and group home shall have on its premises during its hours
24		of operation at least one staff member certified in first
25		aid, in the Heimlich maneuver and in cardiopulmonary
26		resuscitation by the American Red Cross or other

HB3595 Enrolled - 719 - LRB104 08153 BAB 18201 b
1		organization approved by rule of the Department. Child
2		welfare agencies shall not be subject to such a staffing
3		requirement. The Department may offer, or arrange for the
4		offering, on a periodic basis in each community in this
5		State in cooperation with the American Red Cross, the
6		American Heart Association or other appropriate
7		organization, voluntary programs to train operators of
8		foster family homes and early care and education day care
9		homes in first aid and cardiopulmonary resuscitation;
10		(5) The appropriateness, safety, cleanliness, and
11		general adequacy of the premises, including maintenance of
12		adequate fire prevention and health standards conforming
13		to State laws and municipal codes to provide for the
14		physical comfort, care, and well-being of children
15		received;
16		(6) Provisions for food, clothing, educational
17		opportunities, program, equipment and individual supplies
18		to assure the healthy physical, mental, and spiritual
19		development of children served;
20		(7) Provisions to safeguard the legal rights of
21		children served;
22		(8) Maintenance of records pertaining to the
23		admission, progress, health, and discharge of children.
24		The Department shall require proof that children enrolled
25		in a provider facility (other than an early care and
26		education a day care center, early care and education day

HB3595 Enrolled - 720 - LRB104 08153 BAB 18201 b
1		care home, or group early care and education day care
2		home) have been immunized against Haemophilus Influenzae B
3		(HIB);
4		(9) Filing of reports with the Department;
5		(10) Discipline of children;
6		(11) Protection and fostering of the particular
7		religious faith of the children served;
8		(12) (Blank);
9		(13) (Blank);
10		(14) (Blank);
11		(15) (Blank);
12		(16) Provisions requiring all licensed child care
13		provider facility employees who care for newborns and
14		infants to complete training every 3 years on the nature
15		of sudden unexpected infant death (SUID), sudden infant
16		death syndrome (SIDS), and the safe sleep recommendations
17		of the American Academy of Pediatrics (other than
18		employees of an early care and education a day care
19		center, early care and education day care home, or group
20		early care and education day care home); and
21		(17) With respect to foster family homes, provisions
22		requiring the Department to review quality of care
23		concerns and to consider those concerns in determining
24		whether a foster family home is qualified to care for
25		children.
26		(b) If, in a provider facility for general early care and

HB3595 Enrolled - 721 - LRB104 08153 BAB 18201 b
1		education child care (other than an early care and education a
2		day care center, early care and education day care home, or
3		group early care and education day care home), there are
4		children diagnosed as mentally ill or children diagnosed as
5		having an intellectual or physical disability, who are
6		determined to be in need of special mental treatment or of
7		nursing care, or both mental treatment and nursing care, the
8		Department shall seek the advice and recommendation of the
9		Department of Human Services, the Department of Public Health,
10		or both Departments regarding the residential treatment and
11		nursing care provided by the institution.
12		(c) The Department shall investigate any person applying
13		to be licensed as a foster parent to determine whether there is
14		any evidence of current drug or alcohol abuse in the
15		prospective foster family. The Department shall not license a
16		person as a foster parent if drug or alcohol abuse has been
17		identified in the foster family or if a reasonable suspicion
18		of such abuse exists, except that the Department may grant a
19		foster parent license to an applicant identified with an
20		alcohol or drug problem if the applicant has successfully
21		participated in an alcohol or drug treatment program,
22		self-help group, or other suitable activities and if the
23		Department determines that the foster family home can provide
24		a safe, appropriate environment and meet the physical and
25		emotional needs of children.
26		(d) The Department, in applying standards prescribed and

HB3595 Enrolled - 722 - LRB104 08153 BAB 18201 b
1		published, as herein provided, shall offer consultation
2		through employed staff or other qualified persons to assist
3		applicants and licensees (other than applicants and licensees
4		of an early care and education a day care center, early care
5		and education day care home, or group early care and education
6		day care home) in meeting and maintaining minimum requirements
7		for a license and to help them otherwise to achieve programs of
8		excellence related to the care of children served. Such
9		consultation shall include providing information concerning
10		education and training in early childhood development to
11		providers of early care and education day care home services.
12		The Department may provide or arrange for such education and
13		training for those providers who request such assistance
14		(other than providers at an early care and education a day care
15		center, early care and education day care home, or group early
16		care and education day care home).
17		(e) The Department shall distribute copies of licensing
18		standards to all licensees and applicants for a license (other
19		than licensees and applicants of an early care and education a
20		day care center, early care and education day care home, or
21		group early care and education day care home). Each licensee
22		or holder of a permit shall distribute copies of the
23		appropriate licensing standards and any other information
24		required by the Department to early care and education
25		providers child care facilities under its supervision. Each
26		licensee or holder of a permit shall maintain appropriate

HB3595 Enrolled - 723 - LRB104 08153 BAB 18201 b
1		documentation of the distribution of the standards. Such
2		documentation shall be part of the records of the provider
3		facility and subject to inspection by authorized
4		representatives of the Department.
5		(f) (Blank).
6		(g) The Department shall distribute to each licensee and
7		holder of a permit copies of the licensing or permit standards
8		applicable to such person's early care and education provider
9		facility (other than a day care center, day care home, or group
10		day care home). Each licensee or holder of a permit shall make
11		available by posting at all times in a common or otherwise
12		accessible area a complete and current set of licensing
13		standards in order that all employees of the provider facility
14		may have unrestricted access to such standards. All employees
15		of the provider facility shall have reviewed the standards and
16		any subsequent changes. Each licensee or holder of a permit
17		shall maintain appropriate documentation of the current review
18		of licensing standards by all employees. Such records shall be
19		part of the records of the provider facility and subject to
20		inspection by authorized representatives of the Department.
21		(h) Any standards (other than standards of an early care
22		and education a day care center, early care and education day
23		care home, or group early care and education day care home)
24		involving physical examinations, immunization, or medical
25		treatment shall include appropriate exemptions for children
26		whose parents object thereto on the grounds that they conflict

HB3595 Enrolled - 724 - LRB104 08153 BAB 18201 b
1		with the tenets and practices of a recognized church or
2		religious organization, of which the parent is an adherent or
3		member, and for children who should not be subjected to
4		immunization for clinical reasons.
5		(i) (Blank).
6		(j) (Blank).
7		(Source: P.A. 102-4, eff. 4-27-21; 103-22, eff. 8-8-23;
8		103-594, eff. 7-1-26.)
9		(225 ILCS 10/7.10)
10		(Text of Section before amendment by P.A. 103-594)
11		Sec. 7.10. Licensing orientation program and progress
12		report.
13		(a) For the purposes of this Section, "child day care
14		licensing" or "day care licensing" means licensing of day care
15		centers, day care homes, and group day care homes.
16		(a-5) In addition to current day care training and subject
17		to appropriations, the Department or any State agency that
18		assumes day care center licensing responsibilities shall host
19		licensing orientation programs to help educate potential day
20		care center, day care home, and group day care home providers
21		about the child day care licensing process. The programs shall
22		be made available in person and virtually. The Department or
23		its successor shall offer to host licensing orientation
24		programs at least twice annually in each Representative
25		District in the State. Additionally, if one or more persons

HB3595 Enrolled - 725 - LRB104 08153 BAB 18201 b
1		request that a program be offered in a language other than
2		English, then the Department or its successor must accommodate
3		the request.
4		(b) No later than September 30th of each year, the
5		Department shall provide the General Assembly with a
6		comprehensive report on its progress in meeting performance
7		measures and goals related to child day care licensing.
8		(c) The report shall include:
9		(1) details on the funding for child day care
10		licensing, including:
11		(A) the total number of full-time employees
12		working on child day care licensing;
13		(B) the names of all sources of revenue used to
14		support child day care licensing;
15		(C) the amount of expenditures that is claimed
16		against federal funding sources;
17		(D) the identity of federal funding sources; and
18		(E) how funds are appropriated, including
19		appropriations for line staff, support staff,
20		supervisory staff, and training and other expenses and
21		the funding history of such licensing since fiscal
22		year 2010;
23		(2) current staffing qualifications of day care
24		licensing representatives and day care licensing
25		supervisors in comparison with staffing qualifications
26		specified in the job description;

HB3595 Enrolled - 726 - LRB104 08153 BAB 18201 b
1		(3) data history for fiscal year 2010 to the current
2		fiscal year on day care licensing representative caseloads
3		and staffing levels in all areas of the State;
4		(4) per the DCFS Child Day Care Licensing Advisory
5		Council's work plan, quarterly data on the following
6		measures:
7		(A) the number and percentage of new applications
8		disposed of within 90 days;
9		(B) the percentage of licenses renewed on time;
10		(C) the percentage of day care centers receiving
11		timely annual monitoring visits;
12		(D) the percentage of day care homes receiving
13		timely annual monitoring visits;
14		(E) the percentage of group day care homes
15		receiving timely annual monitoring visits;
16		(F) the percentage of provider requests for
17		supervisory review;
18		(G) the progress on adopting a key indicator
19		system;
20		(H) the percentage of complaints disposed of
21		within 30 days;
22		(I) the average number of days a day care center
23		applicant must wait to attend a licensing orientation;
24		(J) the number of licensing orientation sessions
25		available per region in the past year; and
26		(K) the number of Department trainings related to

HB3595 Enrolled - 727 - LRB104 08153 BAB 18201 b
1		licensing and child development available to providers
2		in the past year; and
3		(5) efforts to coordinate with the Department of Human
4		Services and the State Board of Education on professional
5		development, credentialing issues, and child developers,
6		including training registry, child developers, and Quality
7		Rating and Improvement Systems (QRIS).
8		(d) The Department shall work with the Governor's
9		appointed Early Learning Council on issues related to and
10		concerning child day care.
11		(Source: P.A. 103-805, eff. 1-1-25; 104-307, eff. 1-1-26;
12		104-417, eff. 8-15-25.)
13		(Text of Section after amendment by P.A. 103-594)
14		Sec. 7.10. Licensing orientation program and progress
15		report.
16		(a) For the purposes of this Section, "early care and
17		education child day care licensing" or " day care licensing"
18		means licensing of early care and education day care centers,
19		early care and education day care homes, and group early care
20		and education day care homes.
21		(a-5) In addition to current early care and education day
22		care training and subject to appropriations, the Department or
23		any State agency that assumes early care and education day
24		care center licensing responsibilities shall host licensing
25		orientation programs to help educate potential early care and

HB3595 Enrolled - 728 - LRB104 08153 BAB 18201 b
1		education day care center, early care and education day care
2		home, and group early care and education day care home
3		providers about the early care and education child day care
4		licensing process. The programs shall be made available in
5		person and virtually. The Department or its successor shall
6		offer to host licensing orientation programs at least twice
7		annually in each Representative District in the State.
8		Additionally, if one or more persons request that a program be
9		offered in a language other than English, then the Department
10		or its successor must accommodate the request.
11		(b) No later than September 30th of each year, the
12		Department of Early Childhood shall provide the General
13		Assembly with a comprehensive report on its progress in
14		meeting performance measures and goals related to early care
15		and education child day care licensing.
16		(c) The report shall include:
17		(1) details on the funding for child day care
18		licensing, including:
19		(A) the total number of full-time employees
20		working on early care and education child day care
21		licensing;
22		(B) the names of all sources of revenue used to
23		support early care and education child day care
24		licensing;
25		(C) the amount of expenditures that is claimed
26		against federal funding sources;

HB3595 Enrolled - 729 - LRB104 08153 BAB 18201 b
1		(D) the identity of federal funding sources; and
2		(E) how funds are appropriated, including
3		appropriations for line staff, support staff,
4		supervisory staff, and training and other expenses and
5		the funding history of such licensing since fiscal
6		year 2010;
7		(2) current staffing qualifications of early care and
8		education day care licensing representatives and early
9		care and education day care licensing supervisors in
10		comparison with staffing qualifications specified in the
11		job description;
12		(3) data history for fiscal year 2010 to the current
13		fiscal year on early care and education day care licensing
14		representative caseloads and staffing levels in all areas
15		of the State;
16		(4) per the Early Care and Education DCFS Child Day
17		Care Licensing Advisory Council's work plan, quarterly
18		data on the following measures:
19		(A) the number and percentage of new applications
20		disposed of within 90 days;
21		(B) the percentage of licenses renewed on time;
22		(C) the percentage of early care and education day
23		care centers receiving timely annual monitoring
24		visits;
25		(D) the percentage of early care and education day
26		care homes receiving timely annual monitoring visits;

HB3595 Enrolled - 730 - LRB104 08153 BAB 18201 b
1		(E) the percentage of group early care and
2		education day care homes receiving timely annual
3		monitoring visits;
4		(F) the percentage of provider requests for
5		supervisory review;
6		(G) the progress on adopting a key indicator
7		system;
8		(H) the percentage of complaints disposed of
9		within 30 days;
10		(I) the average number of days an early care and
11		education a day care center applicant must wait to
12		attend a licensing orientation;
13		(J) the number of licensing orientation sessions
14		available per region in the past year; and
15		(K) the number of Department of Early Childhood
16		trainings related to licensing and child development
17		available to providers in the past year; and
18		(5) efforts to coordinate with the Department of Human
19		Services and the State Board of Education on professional
20		development, credentialing issues, and child developers,
21		including training registry, child developers, and Quality
22		Rating and Improvement Systems (QRIS).
23		(d) The Department of Early Childhood shall work with the
24		Governor's appointed Early Learning Council on issues related
25		to and concerning early care and education child day care.
26		(Source: P.A. 103-594, eff. 7-1-26; 103-805, eff. 1-1-25;

HB3595 Enrolled - 731 - LRB104 08153 BAB 18201 b
1		104-307, eff. 1-1-26; 104-417, eff. 8-15-25.)
2		(225 ILCS 10/8)  (from Ch. 23, par. 2218)
3		(Text of Section before amendment by P.A. 103-594)
4		Sec. 8. The Department may revoke or refuse to renew the
5		license of any child care facility or child welfare agency or
6		refuse to issue full license to the holder of a permit should
7		the licensee or holder of a permit:
8		(1) fail to maintain standards prescribed and
9		published by the Department;
10		(2) violate any of the provisions of the license
11		issued;
12		(3) furnish or make any misleading or any false
13		statement or report to the Department;
14		(4) refuse to submit to the Department any reports or
15		refuse to make available to the Department any records
16		required by the Department in making investigation of the
17		facility for licensing purposes;
18		(5) fail or refuse to submit to an investigation by
19		the Department;
20		(6) fail or refuse to admit authorized representatives
21		of the Department at any reasonable time for the purpose
22		of investigation;
23		(7) fail to provide, maintain, equip and keep in safe
24		and sanitary condition premises established or used for
25		child care as required under standards prescribed by the

HB3595 Enrolled - 732 - LRB104 08153 BAB 18201 b
1		Department, or as otherwise required by any law,
2		regulation or ordinance applicable to the location of such
3		facility;
4		(8) refuse to display its license or permit;
5		(9) be the subject of an indicated report under
6		Section 3 of the Abused and Neglected Child Reporting Act
7		or fail to discharge or sever affiliation with the child
8		care facility of an employee or volunteer at the facility
9		with direct contact with children who is the subject of an
10		indicated report under Section 3 of that Act;
11		(10) fail to comply with the provisions of Section
12		7.1;
13		(11) fail to exercise reasonable care in the hiring,
14		training and supervision of facility personnel;
15		(12) fail to report suspected abuse or neglect of
16		children within the facility, as required by the Abused
17		and Neglected Child Reporting Act;
18		(12.5) fail to comply with subsection (c-5) of Section
19		7.4;
20		(13) fail to comply with Section 5.1 or 5.2 of this
21		Act; or
22		(14) be identified in an investigation by the
23		Department as a person with a substance use disorder, as
24		defined in the Substance Use Disorder Act, or be a person
25		whom the Department knows has abused alcohol or drugs, and
26		has not successfully participated in treatment, self-help

HB3595 Enrolled - 733 - LRB104 08153 BAB 18201 b
1		groups or other suitable activities, and the Department
2		determines that because of such abuse the licensee, holder
3		of the permit, or any other person directly responsible
4		for the care and welfare of the children served, does not
5		comply with standards relating to character, suitability
6		or other qualifications established under Section 7 of
7		this Act.
8		(Source: P.A. 100-759, eff. 1-1-19.)
9		(Text of Section after amendment by P.A. 103-594)
10		Sec. 8. The Department may revoke or refuse to renew the
11		license of any early care and education provider child care
12		facility (other than an early care and education a day care
13		center, early care and education day care home, or group early
14		care and education day care home) or child welfare agency or
15		refuse to issue full license to the holder of a permit should
16		the licensee or holder of a permit:
17		(1) fail to maintain standards prescribed and
18		published by the Department;
19		(2) violate any of the provisions of the license
20		issued;
21		(3) furnish or make any misleading or any false
22		statement or report to the Department;
23		(4) refuse to submit to the Department any reports or
24		refuse to make available to the Department any records
25		required by the Department in making investigation of the

HB3595 Enrolled - 734 - LRB104 08153 BAB 18201 b
1		provider facility for licensing purposes;
2		(5) fail or refuse to submit to an investigation by
3		the Department;
4		(6) fail or refuse to admit authorized representatives
5		of the Department at any reasonable time for the purpose
6		of investigation;
7		(7) fail to provide, maintain, equip and keep in safe
8		and sanitary condition premises established or used for
9		early care and education child care as required under
10		standards prescribed by the Department, or as otherwise
11		required by any law, regulation or ordinance applicable to
12		the location of such provider facility;
13		(8) refuse to display its license or permit;
14		(9) be the subject of an indicated report under
15		Section 3 of the Abused and Neglected Child Reporting Act
16		or fail to discharge or sever affiliation with the child
17		care provider facility of an employee or volunteer at the
18		provider facility with direct contact with children who is
19		the subject of an indicated report under Section 3 of that
20		Act;
21		(10) fail to comply with the provisions of Section
22		7.1;
23		(11) fail to exercise reasonable care in the hiring,
24		training and supervision of provider facility personnel;
25		(12) fail to report suspected abuse or neglect of
26		children within the provider facility, as required by the

HB3595 Enrolled - 735 - LRB104 08153 BAB 18201 b
1		Abused and Neglected Child Reporting Act;
2		(12.5) fail to comply with subsection (c-5) of Section
3		7.4;
4		(13) fail to comply with Section 5.1 or 5.2 of this
5		Act; or
6		(14) be identified in an investigation by the
7		Department as a person with a substance use disorder, as
8		defined in the Substance Use Disorder Act, or be a person
9		whom the Department knows has abused alcohol or drugs, and
10		has not successfully participated in treatment, self-help
11		groups or other suitable activities, and the Department
12		determines that because of such abuse the licensee, holder
13		of the permit, or any other person directly responsible
14		for the care and welfare of the children served, does not
15		comply with standards relating to character, suitability
16		or other qualifications established under Section 7 of
17		this Act.
18		(Source: P.A. 103-594, eff. 7-1-26.)
19		(225 ILCS 10/8.1)  (from Ch. 23, par. 2218.1)
20		(Text of Section before amendment by P.A. 103-594)
21		Sec. 8.1. The Department shall revoke or refuse to renew
22		the license of any child care facility or refuse to issue a
23		full license to the holder of a permit should the licensee or
24		holder of a permit:
25		(1) fail to correct any condition which jeopardizes

HB3595 Enrolled - 736 - LRB104 08153 BAB 18201 b
1		the health, safety, morals, or welfare of children served
2		by the facility;
3		(2) fail to correct any condition or occurrence
4		relating to the operation or maintenance of the facility
5		comprising a violation under Section 8 of this Act; or
6		(3) fail to maintain financial resources adequate for
7		the satisfactory care of children served in regard to
8		upkeep of premises, and provisions for personal care,
9		medical services, clothing, education and other essentials
10		in the proper care, rearing and training of children.
11		(Source: P.A. 83-1362.)
12		(Text of Section after amendment by P.A. 103-594)
13		Sec. 8.1. The Department shall revoke or refuse to renew
14		the license of any early care and education center, early care
15		and education home, or group early care and education home
16		child care facility (other than a day care center, day care
17		home, or group day care home) or refuse to issue a full license
18		to the holder of a permit should the licensee or holder of a
19		permit:
20		(1) fail to correct any condition which jeopardizes
21		the health, safety, morals, or welfare of children served
22		by the early care and education provider facility;
23		(2) fail to correct any condition or occurrence
24		relating to the operation or maintenance of the provider
25		facility comprising a violation under Section 8 of this

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1		Act; or
2		(3) fail to maintain financial resources adequate for
3		the satisfactory care of children served in regard to
4		upkeep of premises, and provisions for personal care,
5		medical services, clothing, education and other essentials
6		in the proper care, rearing and training of children.
7		(Source: P.A. 103-594, eff. 7-1-26.)
8		(225 ILCS 10/8.2)  (from Ch. 23, par. 2218.2)
9		(Text of Section before amendment by P.A. 103-594)
10		Sec. 8.2. The Department may issue a conditional license
11		to any child care facility which currently is licensed under
12		this Act. The conditional license shall be a nonrenewable
13		license for a period of 6 months and the Department shall
14		revoke any other license held by the conditionally licensed
15		facility. Conditional licenses shall only be granted to
16		facilities where no threat to the health, safety, morals or
17		welfare of the children served exists. A complete listing of
18		deficiencies and a corrective plan approved by the Department
19		shall be in existence at the time a conditional license is
20		issued. Failure by the facility to correct the deficiencies or
21		meet all licensing standards at the end of the conditional
22		license period shall result in immediate revocation of or
23		refusal to renew the facility's license as provided in Section
24		8.1 of this Act.
25		(Source: P.A. 85-216.)

HB3595 Enrolled - 738 - LRB104 08153 BAB 18201 b
1		(Text of Section after amendment by P.A. 103-594)
2		Sec. 8.2. The Department may issue a conditional license
3		to any early care and education provider child care facility
4		(other than an early care and education a day care center,
5		early care and education day care home, or group early care and
6		education day care home) which currently is licensed under
7		this Act. The conditional license shall be a nonrenewable
8		license for a period of 6 months and the Department shall
9		revoke any other license held by the conditionally licensed
10		provider facility. Conditional licenses shall only be granted
11		to providers facilities where no threat to the health, safety,
12		morals or welfare of the children served exists. A complete
13		listing of deficiencies and a corrective plan approved by the
14		Department shall be in existence at the time a conditional
15		license is issued. Failure by the provider facility to correct
16		the deficiencies or meet all licensing standards at the end of
17		the conditional license period shall result in immediate
18		revocation of or refusal to renew the provider's facility's
19		license as provided in Section 8.1 of this Act.
20		(Source: P.A. 103-594, eff. 7-1-26.)
21		(225 ILCS 10/8.5)
22		(Text of Section before amendment by P.A. 103-594)
23		Sec. 8.5. Reporting suspected abuse or neglect. The
24		Department shall address through rules and procedures the

HB3595 Enrolled - 739 - LRB104 08153 BAB 18201 b
1		failure of individual staff at child care facilities or child
2		welfare agencies to report suspected abuse or neglect of
3		children within the child care facility as required by the
4		Abused and Neglected Child Reporting Act.
5		The rules and procedures shall include provisions for when
6		the Department learns of the child care facility's staff's
7		failure to report suspected abuse or neglect of children and
8		the actions the Department will take to (i) ensure that the
9		child care facility takes immediate action with the individual
10		staff involved and (ii) investigate whether the failure to
11		report suspected abuse and neglect was a single incident or
12		part of a larger incident involving additional staff members
13		who failed to report, or whether the failure to report
14		suspected abuse and neglect is a system-wide problem within
15		the child care facility or child welfare agency. The rules and
16		procedures shall also include the use of corrective action
17		plans and the use of supervisory teams to review staff and
18		facility understanding of their reporting requirements.
19		The Department shall adopt rules by July 1, 2016.
20		(Source: P.A. 99-350, eff. 1-1-16.)
21		(Text of Section after amendment by P.A. 103-594)
22		Sec. 8.5. Reporting suspected abuse or neglect; Department
23		of Children and Family Services. The Department shall address
24		through rules and procedures the failure of individual staff
25		at early care and education providers child care facilities

HB3595 Enrolled - 740 - LRB104 08153 BAB 18201 b
1		(other than an early care and education a day care center,
2		early care and education day care home, or group early care and
3		education day care home) or child welfare agencies to report
4		suspected abuse or neglect of children within the early care
5		and education provider's location child care facility as
6		required by the Abused and Neglected Child Reporting Act.
7		The rules and procedures shall include provisions for when
8		the Department learns of the early care and education
9		provider's child care facility's staff's failure to report
10		suspected abuse or neglect of children and the actions the
11		Department will take to (i) ensure that the early care and
12		education provider child care facility takes immediate action
13		with the individual staff involved and (ii) investigate
14		whether the failure to report suspected abuse and neglect was
15		a single incident or part of a larger incident involving
16		additional staff members who failed to report, or whether the
17		failure to report suspected abuse and neglect is a system-wide
18		problem within the early care and education provider child
19		care facility or child welfare agency. The rules and
20		procedures shall also include the use of corrective action
21		plans and the use of supervisory teams to review staff and
22		provider facility understanding of their reporting
23		requirements.
24		The Department shall adopt rules by July 1, 2016.
25		(Source: P.A. 103-594, eff. 7-1-26.)

HB3595 Enrolled - 741 - LRB104 08153 BAB 18201 b
1		(225 ILCS 10/8a)
2		(This Section may contain text from a Public Act with a
3		delayed effective date)
4		Sec. 8a. Grounds for revocation or refusal to renew
5		license; Department of Early Childhood. The Department of
6		Early Childhood may revoke or refuse to renew the license of
7		any early care and education day care center, early care and
8		education day care home, or group early care and education day
9		care home or refuse to issue full license to the holder of a
10		permit should the licensee or holder of a permit:
11		(1) fail to maintain standards prescribed and
12		published by the Department of Early Childhood;
13		(2) violate any of the provisions of the license
14		issued;
15		(3) furnish or make any misleading or any false
16		statement or report to the Department of Early Childhood;
17		(4) refuse to submit to the Department of Early
18		Childhood any reports or refuse to make available to the
19		Department of Early Childhood any records required by the
20		Department of Early Childhood in making investigation of
21		the provider facility for licensing purposes;
22		(5) fail or refuse to submit to an investigation by
23		the Department of Early Childhood;
24		(6) fail or refuse to admit authorized representatives
25		of the Department of Early Childhood at any reasonable
26		time for the purpose of investigation;

HB3595 Enrolled - 742 - LRB104 08153 BAB 18201 b
1		(7) fail to provide, maintain, equip and keep in safe
2		and sanitary condition premises established or used for
3		early care and education child care as required under
4		standards prescribed by the Department of Early Childhood
5		or as otherwise required by any law, regulation or
6		ordinance applicable to the location of such provider
7		facility;
8		(8) refuse to display its license or permit;
9		(9) be the subject of an indicated report under
10		Section 3 of the Abused and Neglected Child Reporting Act
11		or fail to discharge or sever affiliation with the early
12		care and education day care center, early care and
13		education day care home, or group early care and education
14		day care home of an employee or volunteer at the early care
15		and education day care center, early care and education
16		day care home, or group early care and education day care
17		home with direct contact with children who is the subject
18		of an indicated report under Section 3 of that Act;
19		(10) fail to comply with the provisions of Section
20		7.1;
21		(11) fail to exercise reasonable care in the hiring,
22		training and supervision of provider facility personnel;
23		(12) fail to report suspected abuse or neglect of
24		children within the provider facility, as required by the
25		Abused and Neglected Child Reporting Act;
26		(12.5) fail to comply with subsection (c-5) of Section

HB3595 Enrolled - 743 - LRB104 08153 BAB 18201 b
1		7.4;
2		(13) fail to comply with Section 5.1 or 5.2 of this
3		Act; or
4		(14) be identified in an investigation by the
5		Department of Early Childhood as a person with a substance
6		use disorder, as defined in the Substance Use Disorder
7		Act, or be a person whom the Department of Early Childhood
8		knows has abused alcohol or drugs, and has not
9		successfully participated in treatment, self-help groups
10		or other suitable activities, and the Department of Early
11		Childhood determines that because of such abuse the
12		licensee, holder of the permit, or any other person
13		directly responsible for the care and welfare of the
14		children served, does not comply with standards relating
15		to character, suitability or other qualifications
16		established under Section 7.01 of this Act.
17		(Source: P.A. 103-594, eff. 7-1-26.)
18		(225 ILCS 10/8.1a)
19		(This Section may contain text from a Public Act with a
20		delayed effective date)
21		Sec. 8.1a. Other grounds for revocation or refusal to
22		renew license; Department of Early Childhood. The Department
23		of Early Childhood shall revoke or refuse to renew the license
24		of any early care and education day care center, early care and
25		education day care home, or group early care and education day

HB3595 Enrolled - 744 - LRB104 08153 BAB 18201 b
1		care home or refuse to issue a full license to the holder of a
2		permit should the licensee or holder of a permit:
3		(1) fail to correct any condition which jeopardizes
4		the health, safety, morals, or welfare of children served
5		by the provider facility;
6		(2) fail to correct any condition or occurrence
7		relating to the operation or maintenance of the provider
8		facility comprising a violation under Section 8a of this
9		Act; or
10		(3) fail to maintain financial resources adequate for
11		the satisfactory care of children served in regard to
12		upkeep of premises, and provisions for personal care,
13		medical services, clothing, education and other essentials
14		in the proper care, rearing and training of children.
15		(Source: P.A. 103-594, eff. 7-1-26.)
16		(225 ILCS 10/8.2a)
17		(This Section may contain text from a Public Act with a
18		delayed effective date)
19		Sec. 8.2a. Conditional license; Department of Early
20		Childhood. The Department of Early Childhood may issue a
21		conditional license to any early care and education day care
22		center, early care and education day care home, or group early
23		care and education day care home which currently is licensed
24		under this Act. The conditional license shall be a
25		nonrenewable license for a period of 6 months and the

HB3595 Enrolled - 745 - LRB104 08153 BAB 18201 b
1		Department of Early Childhood shall revoke any other license
2		held by the conditionally licensed provider facility.
3		Conditional licenses shall only be granted to providers
4		facilities where no threat to the health, safety, morals or
5		welfare of the children served exists. A complete listing of
6		deficiencies and a corrective plan approved by the Department
7		of Early Childhood shall be in existence at the time a
8		conditional license is issued. Failure by the provider
9		facility to correct the deficiencies or meet all licensing
10		standards at the end of the conditional license period shall
11		result in immediate revocation of or refusal to renew the
12		provider's facility's license as provided in Section 8.1a of
13		this Act.
14		(Source: P.A. 103-594, eff. 7-1-26.)
15		(225 ILCS 10/8.6)
16		(This Section may contain text from a Public Act with a
17		delayed effective date)
18		Sec. 8.6. Reporting suspected abuse or neglect; Department
19		of Early Childhood. The Department of Early Childhood shall
20		address through rules and procedures the failure of individual
21		staff at early care and education day care centers, early care
22		and education day care homes, and group early care and
23		education day care homes to report suspected abuse or neglect
24		of children within the early care and education provider's
25		location child care facility as required by the Abused and

HB3595 Enrolled - 746 - LRB104 08153 BAB 18201 b
1		Neglected Child Reporting Act.
2		The rules and procedures shall include provisions for when
3		the Department of Early Childhood learns of the early care and
4		education provider's child care facility's staff's failure to
5		report suspected abuse or neglect of children and the actions
6		the Department of Early Childhood will take to (i) ensure that
7		the early care and education provider child care facility
8		takes immediate action with the individual staff involved and
9		(ii) investigate whether the failure to report suspected abuse
10		and neglect was a single incident or part of a larger incident
11		involving additional staff members who failed to report, or
12		whether the failure to report suspected abuse and neglect is a
13		system-wide problem within the early care and education
14		provider's location child care facility. The rules and
15		procedures shall also include the use of corrective action
16		plans and the use of supervisory teams to review staff and
17		provider facility understanding of their reporting
18		requirements.
19		The Department of Early Childhood shall adopt rules to
20		administer this Section.
21		(Source: P.A. 103-594, eff. 7-1-26.)
22		(225 ILCS 10/9)  (from Ch. 23, par. 2219)
23		(Text of Section before amendment by P.A. 103-594)
24		Sec. 9. Prior to revocation or refusal to renew a license,
25		the Department shall notify the licensee by registered mail

HB3595 Enrolled - 747 - LRB104 08153 BAB 18201 b
1		with postage prepaid, at the address specified on the license,
2		or at the address of the ranking or presiding officer of a
3		board of directors, or any equivalent body conducting a child
4		care facility, of the contemplated action and that the
5		licensee may, within 10 days of such notification, dating from
6		the postmark of the registered mail, request in writing a
7		public hearing before the Department, and, at the same time,
8		may request a written statement of charges from the
9		Department.
10		(a) Upon written request by the licensee, the Department
11		shall furnish such written statement of charges, and, at the
12		same time, shall set the date and place for the hearing. The
13		charges and notice of the hearing shall be delivered by
14		registered mail with postage prepaid, and the hearing must be
15		held within 30 days, dating from the date of the postmark of
16		the registered mail, except that notification must be made at
17		least 15 days in advance of the date set for the hearing.
18		(b) If no request for a hearing is made within 10 days
19		after notification, or if the Department determines, upon
20		holding a hearing, that the license should be revoked or
21		renewal denied, then the license shall be revoked or renewal
22		denied.
23		(c) Upon the hearing of proceedings in which the license
24		is revoked, renewal of license is refused or full license is
25		denied, the Director of the Department, or any officer or
26		employee duly authorized by the Director in writing, may

HB3595 Enrolled - 748 - LRB104 08153 BAB 18201 b
1		administer oaths and the Department may procure, by its
2		subpoena, the attendance of witnesses and the production of
3		relevant books and papers.
4		(d) At the time and place designated, the Director of the
5		Department or the officer or employee authorized by the
6		Director in writing, shall hear the charges, and both the
7		Department and the licensee shall be allowed to present in
8		person or by counsel such statements, testimony and evidence
9		as may be pertinent to the charges or to the defense thereto.
10		The hearing officer may continue such hearing from time to
11		time, but not to exceed a single period of 30 days, unless
12		special extenuating circumstances make further continuance
13		feasible.
14		(Source: P.A. 103-22, eff. 8-8-23.)
15		(Text of Section after amendment by P.A. 103-594)
16		Sec. 9. Prior to revocation or refusal to renew a license
17		(other than a license of an early care and education a day care
18		center, early care and education day care home, or group early
19		care and education day care home), the Department shall notify
20		the licensee by registered mail with postage prepaid, at the
21		address specified on the license, or at the address of the
22		ranking or presiding officer of a board of directors, or any
23		equivalent body conducting an early care and education
24		provider a child care facility, of the contemplated action and
25		that the licensee may, within 10 days of such notification,

HB3595 Enrolled - 749 - LRB104 08153 BAB 18201 b
1		dating from the postmark of the registered mail, request in
2		writing a public hearing before the Department, and, at the
3		same time, may request a written statement of charges from the
4		Department.
5		(a) Upon written request by the licensee, the Department
6		shall furnish such written statement of charges, and, at the
7		same time, shall set the date and place for the hearing. The
8		charges and notice of the hearing shall be delivered by
9		registered mail with postage prepaid, and the hearing must be
10		held within 30 days, dating from the date of the postmark of
11		the registered mail, except that notification must be made at
12		least 15 days in advance of the date set for the hearing.
13		(b) If no request for a hearing is made within 10 days
14		after notification, or if the Department determines, upon
15		holding a hearing, that the license should be revoked or
16		renewal denied, then the license shall be revoked or renewal
17		denied.
18		(c) Upon the hearing of proceedings in which the license
19		is revoked, renewal of license is refused or full license is
20		denied, the Director of the Department, or any officer or
21		employee duly authorized by the Director in writing, may
22		administer oaths and the Department may procure, by its
23		subpoena, the attendance of witnesses and the production of
24		relevant books and papers.
25		(d) At the time and place designated, the Director of the
26		Department or the officer or employee authorized by the

HB3595 Enrolled - 750 - LRB104 08153 BAB 18201 b
1		Director in writing, shall hear the charges, and both the
2		Department and the licensee shall be allowed to present in
3		person or by counsel such statements, testimony and evidence
4		as may be pertinent to the charges or to the defense thereto.
5		The hearing officer may continue such hearing from time to
6		time, but not to exceed a single period of 30 days, unless
7		special extenuating circumstances make further continuance
8		feasible.
9		(Source: P.A. 103-22, eff. 8-8-23; 103-594, eff. 7-1-26.)
10		(225 ILCS 10/9.01)
11		(This Section may contain text from a Public Act with a
12		delayed effective date)
13		Sec. 9.01. Revocation or refusal to renew a license;
14		Department of Early Childhood. Prior to revocation or refusal
15		to renew a license of an early care and education a day care
16		center, early care and education day care home, or group early
17		care and education day care home, the Department of Early
18		Childhood shall notify the licensee by registered mail with
19		postage prepaid, at the address specified on the license, or
20		at the address of the ranking or presiding officer of a board
21		of directors, or any equivalent body conducting an early care
22		and education a day care center, early care and education day
23		care home, or group early care and education day care home, of
24		the contemplated action and that the licensee may, within 10
25		days of such notification, dating from the postmark of the

HB3595 Enrolled - 751 - LRB104 08153 BAB 18201 b
1		registered mail, request in writing a public hearing before
2		the Department of Early Childhood, and, at the same time, may
3		request a written statement of charges from the Department of
4		Early Childhood.
5		(a) Upon written request by the licensee, the Department
6		of Early Childhood shall furnish such written statement of
7		charges, and, at the same time, shall set the date and place
8		for the hearing. The charges and notice of the hearing shall be
9		delivered by registered mail with postage prepaid, and the
10		hearing must be held within 30 days, dating from the date of
11		the postmark of the registered mail, except that notification
12		must be made at least 15 days in advance of the date set for
13		the hearing.
14		(b) If no request for a hearing is made within 10 days
15		after notification, or if the Department of Early Childhood
16		determines, upon holding a hearing, that the license should be
17		revoked or renewal denied, then the license shall be revoked
18		or renewal denied.
19		(c) Upon the hearing of proceedings in which the license
20		is revoked, renewal of license is refused, or full license is
21		denied, the Secretary of Early Childhood, or any officer or
22		employee duly authorized by the Secretary in writing, may
23		administer oaths and the Department of Early Childhood may
24		procure, by its subpoena, the attendance of witnesses and the
25		production of relevant books and papers.
26		(d) At the time and place designated, the Secretary of

HB3595 Enrolled - 752 - LRB104 08153 BAB 18201 b
1		Early Childhood or the officer or employee authorized by the
2		Secretary in writing shall hear the charges, and both the
3		Department of Early Childhood and the licensee shall be
4		allowed to present in person or by counsel such statements,
5		testimony, and evidence as may be pertinent to the charges or
6		to the defense thereto. The hearing officer may continue such
7		hearing from time to time, but not to exceed a single period of
8		30 days, unless special extenuating circumstances make further
9		continuance feasible.
10		(Source: P.A. 103-594, eff. 7-1-26.)
11		(225 ILCS 10/9.1c)
12		(Text of Section before amendment by P.A. 103-594)
13		Sec. 9.1c. Public database of day care homes, group day
14		care homes, and day care centers; license status. No later
15		than July 1, 2018, the Department shall establish and maintain
16		on its official website a searchable database, freely
17		accessible to the public, that provides the following
18		information on each day care home, group day care home, and day
19		care center licensed by the Department: whether, within the
20		past 5 years, the day care home, group day care home, or day
21		care center has had its license revoked by or surrendered to
22		the Department during a child abuse or neglect investigation
23		or its application for a renewal of its license was denied by
24		the Department, and, if so, the dates upon which the license
25		was revoked by or surrendered to the Department or the

HB3595 Enrolled - 753 - LRB104 08153 BAB 18201 b
1		application for a renewal of the license was denied by the
2		Department. The Department may adopt any rules necessary to
3		implement this Section. Nothing in this Section shall be
4		construed to allow or authorize the Department to release or
5		disclose any information that is prohibited from public
6		disclosure under this Act or under any other State or federal
7		law.
8		(Source: P.A. 100-52, eff. 1-1-18.)
9		(Text of Section after amendment by P.A. 103-594)
10		Sec. 9.1c. Public database of early care and education day
11		care homes, group early care and education day care homes, and
12		early care and education day care centers; license status. The
13		Department of Early Childhood shall establish and maintain on
14		its official website a searchable database, freely accessible
15		to the public, that provides the following information on each
16		early care and education day care home, group early care and
17		education day care home, and early care and education day care
18		center licensed by the Department of Early Childhood: whether,
19		within the past 5 years, the early care and education day care
20		home, group early care and education day care home, or early
21		care and education day care center has had its license revoked
22		by or surrendered to the Department of Children and Family
23		Services or the Department of Early Childhood during a child
24		abuse or neglect investigation or its application for a
25		renewal of its license was denied by the Department of

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1		Children and Family Services or the Department of Early
2		Childhood, and, if so, the dates upon which the license was
3		revoked by or surrendered to the Department of Children and
4		Family Services or the Department of Early Childhood or the
5		application for a renewal of the license was denied by the
6		Department of Children and Family Services or the Department
7		of Early Childhood. The Department of Early Childhood may
8		adopt any rules necessary to implement this Section. Nothing
9		in this Section shall be construed to allow or authorize the
10		Department of Early Childhood to release or disclose any
11		information that is prohibited from public disclosure under
12		this Act or under any other State or federal law.
13		(Source: P.A. 103-594, eff. 7-1-26.)
14		(225 ILCS 10/9.2)
15		(Text of Section before amendment by P.A. 103-594)
16		Sec. 9.2. Toll free number; day care information. The
17		Department of Children and Family Services shall establish and
18		maintain a statewide toll-free telephone number that all
19		persons may use to inquire about the past history and record of
20		a day care facility operating in this State. The past history
21		and record shall include, but shall not be limited to,
22		Department substantiated complaints against a day care
23		facility and Department staff findings of license violations
24		by a day care facility. Information disclosed in accordance
25		with this Section shall be subject to the confidentiality

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1		requirements provided in this Act.
2		(Source: P.A. 90-671, eff. 1-1-99.)
3		(Text of Section after amendment by P.A. 103-594)
4		Sec. 9.2. Toll-free Toll free number; early care and
5		education day care information. The Department of Children and
6		Family Services and the Department of Early Childhood shall
7		establish and maintain statewide toll-free telephone numbers
8		that all persons may use to inquire about the past history and
9		record of an early care and education provider a day care
10		facility operating in this State under the jurisdiction of
11		each of the Departments. The past history and record shall
12		include, but shall not be limited to, Department substantiated
13		complaints by each Department against an early care and
14		education provider a day care facility and staff findings by
15		each Department of license violations by an early care and
16		education provider a day care facility. Information disclosed
17		in accordance with this Section shall be subject to the
18		confidentiality requirements provided in this Act.
19		(Source: P.A. 103-594, eff. 7-1-26.)
20		(225 ILCS 10/10)  (from Ch. 23, par. 2220)
21		(Text of Section before amendment by P.A. 103-594)
22		Sec. 10. Any circuit court, upon application either of the
23		person requesting a hearing or of the Department, may require
24		the attendance of witnesses and the production of relevant

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1		books and papers before the Department in any hearing relating
2		to the refusal or revocation of licenses. The refusal or
3		neglect to obey the order of the court compelling the
4		attendance or production, is punishable as in other cases of
5		contempt.
6		(Source: P.A. 83-334.)
7		(Text of Section after amendment by P.A. 103-594)
8		Sec. 10. Any circuit court, upon application either of the
9		person requesting a hearing or of the Department of Children
10		and Family Services or the Department of Early Childhood, may
11		require the attendance of witnesses and the production of
12		relevant books and papers before the Department of Children
13		and Family Services or the Department of Early Childhood in
14		any hearing relating to the refusal to renew or the revocation
15		of licenses. The refusal or neglect to obey the order of the
16		court compelling the attendance or production, is punishable
17		as in other cases of contempt.
18		(Source: P.A. 103-594, eff. 7-1-26.)
19		(225 ILCS 10/11.2)  (from Ch. 23, par. 2221.2)
20		(Text of Section before amendment by P.A. 103-594)
21		Sec. 11.2. Whenever the Department expressly finds that
22		the continued operation of a child care facility, including
23		such facilities defined in Section 2.10 and unlicensed
24		facilities, jeopardizes the health, safety, morals, or welfare

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1		of children served by the facility, the Department shall issue
2		an order of closure directing that the operation of the
3		facility terminate immediately, and, if applicable, shall
4		initiate revocation proceedings under Section 9 within ten
5		working days. A facility closed under this Section may not
6		operate during the pendency of any proceeding for the judicial
7		review of the decision of the Department to issue an order of
8		closure or to revoke or refuse to renew the license, except
9		under court order.
10		(Source: P.A. 85-216.)
11		(Text of Section after amendment by P.A. 103-594)
12		Sec. 11.2. Whenever the Department expressly finds that
13		the continued operation of an early care and education
14		provider a child care facility, including such part day
15		programs described facilities defined in paragraph (1) of
16		subsection (d-10) of Section 3 Section 2.10 and unlicensed
17		providers facilities, jeopardizes the health, safety, morals,
18		or welfare of children served by the provider facility, the
19		Department shall issue an order of closure directing that the
20		operation of the provider facility terminate immediately, and,
21		if applicable, shall initiate revocation proceedings under
22		Section 9 within ten working days. A provider facility closed
23		under this Section may not operate during the pendency of any
24		proceeding for the judicial review of the decision of the
25		Department to issue an order of closure or to revoke or refuse

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1		to renew the license, except under court order.
2		This Section does not apply to unlicensed providers
3		facilities that qualify for an exemption under paragraph (1)
4		of subsection (d-10) of Section 3 Section 2.10, early care and
5		education day care centers, early care and education day care
6		homes, and group early care and education day care homes.
7		(Source: P.A. 103-594, eff. 7-1-26.)
8		(225 ILCS 10/11.3)
9		(This Section may contain text from a Public Act with a
10		delayed effective date)
11		Sec. 11.3. Order of closure; Department of Early
12		Childhood. Whenever the Department of Early Childhood
13		expressly finds that the continued operation of an early care
14		and education a day care center, early care and education day
15		care home, or group early care and education day care home,
16		including a provider described in paragraph (1) of subsection
17		(d-10) of Section 3 facility defined in Section 2.10 and an
18		unlicensed provider facility, jeopardizes the health, safety,
19		morals, or welfare of children served by the provider
20		facility, the Department of Early Childhood shall issue an
21		order of closure directing that the operation of the provider
22		facility terminate immediately, and, if applicable, shall
23		initiate revocation proceedings under Section 9.01 within 10
24		working days. A provider facility closed under this Section
25		may not operate during the pendency of any proceeding for the

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1		judicial review of the decision of the Department of Early
2		Childhood to issue an order of closure or to revoke or refuse
3		to renew the license, except under court order.
4		(Source: P.A. 103-594, eff. 7-1-26.)
5		(225 ILCS 10/12)  (from Ch. 23, par. 2222)
6		(Text of Section before amendment by P.A. 103-594)
7		Sec. 12. Advertisements.
8		(a) In this Section, "advertise" means communication by
9		any public medium originating or distributed in this State,
10		including, but not limited to, newspapers, periodicals,
11		telephone book listings, outdoor advertising signs, radio, or
12		television.
13		(b) A child care facility or child welfare agency licensed
14		or operating under a permit issued by the Department may
15		publish advertisements for the services that the facility is
16		specifically licensed or issued a permit under this Act to
17		provide. A person, group of persons, agency, association,
18		organization, corporation, institution, center, or group who
19		advertises or causes to be published any advertisement
20		offering, soliciting, or promising to perform adoption
21		services as defined in Section 2.24 of this Act is guilty of a
22		Class A misdemeanor and shall be subject to a fine not to
23		exceed $10,000 or 9 months imprisonment for each
24		advertisement, unless that person, group of persons, agency,
25		association, organization, corporation, institution, center,

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1		or group is (i) licensed or operating under a permit issued by
2		the Department as a child care facility or child welfare
3		agency, (ii) a birth parent or a prospective adoptive parent
4		acting on the birth parent's or prospective adoptive parent's
5		own behalf, or (iii) a licensed attorney advertising the
6		licensed attorney's availability to provide legal services
7		relating to adoption, as permitted by law.
8		(c) Every advertisement published after the effective date
9		of this amendatory Act of the 94th General Assembly shall
10		include the Department-issued license number of the facility
11		or agency.
12		(d) Any licensed child welfare agency providing adoption
13		services that, after the effective date of this amendatory Act
14		of the 94th General Assembly, causes to be published an
15		advertisement containing reckless or intentional
16		misrepresentations concerning adoption services or
17		circumstances material to the placement of a child for
18		adoption is guilty of a Class A misdemeanor and is subject to a
19		fine not to exceed $10,000 or 9 months imprisonment for each
20		advertisement.
21		(e) An out-of-state agency that is not licensed in
22		Illinois and that has a written interagency agreement with one
23		or more Illinois licensed child welfare agencies may advertise
24		under this Section, provided that (i) the out-of-state agency
25		must be officially recognized by the United States Internal
26		Revenue Service as a tax-exempt organization under 501(c)(3)

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1		of the Internal Revenue Code of 1986 (or any successor
2		provision of federal tax law), (ii) the out-of-state agency
3		provides only international adoption services and is covered
4		by the Intercountry Adoption Act of 2000, (iii) the
5		out-of-state agency displays, in the advertisement, the
6		license number of at least one of the Illinois licensed child
7		welfare agencies with which it has a written agreement, and
8		(iv) the advertisements pertain only to international adoption
9		services. Subsection (d) of this Section shall apply to any
10		out-of-state agencies described in this subsection (e).
11		(f) An advertiser, publisher, or broadcaster, including,
12		but not limited to, newspapers, periodicals, telephone book
13		publishers, outdoor advertising signs, radio stations, or
14		television stations, who knowingly or recklessly advertises or
15		publishes any advertisement offering, soliciting, or promising
16		to perform adoption services, as defined in Section 2.24 of
17		this Act, on behalf of a person, group of persons, agency,
18		association, organization, corporation, institution, center,
19		or group, not authorized to advertise under subsection (b) or
20		subsection (e) of this Section, is guilty of a Class A
21		misdemeanor and is subject to a fine not to exceed $10,000 or 9
22		months imprisonment for each advertisement.
23		(g) The Department shall maintain a website listing child
24		welfare agencies licensed by the Department that provide
25		adoption services and other general information for birth
26		parents and adoptive parents. The website shall include, but

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1		not be limited to, agency addresses, phone numbers, e-mail
2		addresses, website addresses, annual reports as referenced in
3		Section 7.6 of this Act, agency license numbers, the Birth
4		Parent Bill of Rights, the Adoptive Parents Bill of Rights,
5		and the Department's complaint registry established under
6		Section 9.1a of this Act. The Department shall adopt any rules
7		necessary to implement this Section.
8		(h) Nothing in this Act shall prohibit a day care agency,
9		day care center, day care home, or group day care home that
10		does not provide or perform adoption services, as defined in
11		Section 2.24 of this Act, from advertising or marketing the
12		day care agency, day care center, day care home, or group day
13		care home.
14		(Source: P.A. 103-22, eff. 8-8-23.)
15		(Text of Section after amendment by P.A. 103-594)
16		Sec. 12. Advertisements; Department of Children and Family
17		Services.
18		(a) In this Section, "advertise" means communication by
19		any public medium originating or distributed in this State,
20		including, but not limited to, newspapers, periodicals,
21		telephone book listings, outdoor advertising signs, radio, or
22		television.
23		(b) With the exception of early care and education day
24		care centers, early care and education day care homes, and
25		group early care and education day care homes, an early care

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1		and education provider a child care facility or child welfare
2		agency licensed or operating under a permit issued by the
3		Department may publish advertisements for the services that
4		the provider facility is specifically licensed or issued a
5		permit under this Act to provide. A person, group of persons,
6		agency, association, organization, corporation, institution,
7		center, or group who advertises or causes to be published any
8		advertisement offering, soliciting, or promising to perform
9		adoption services as defined in Section 2.24 of this Act is
10		guilty of a Class A misdemeanor and shall be subject to a fine
11		not to exceed $10,000 or 9 months imprisonment for each
12		advertisement, unless that person, group of persons, agency,
13		association, organization, corporation, institution, center,
14		or group is (i) licensed or operating under a permit issued by
15		the Department as a child care facility or child welfare
16		agency, (ii) a birth parent or a prospective adoptive parent
17		acting on the birth parent's or prospective adoptive parent's
18		own behalf, or (iii) a licensed attorney advertising the
19		licensed attorney's availability to provide legal services
20		relating to adoption, as permitted by law.
21		(c) Every advertisement published after the effective date
22		of this amendatory Act of the 94th General Assembly shall
23		include the Department-issued license number of the provider
24		facility or agency.
25		(d) Any licensed child welfare agency providing adoption
26		services that, after the effective date of this amendatory Act

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1		of the 94th General Assembly, causes to be published an
2		advertisement containing reckless or intentional
3		misrepresentations concerning adoption services or
4		circumstances material to the placement of a child for
5		adoption is guilty of a Class A misdemeanor and is subject to a
6		fine not to exceed $10,000 or 9 months imprisonment for each
7		advertisement.
8		(e) An out-of-state agency that is not licensed in
9		Illinois and that has a written interagency agreement with one
10		or more Illinois licensed child welfare agencies may advertise
11		under this Section, provided that (i) the out-of-state agency
12		must be officially recognized by the United States Internal
13		Revenue Service as a tax-exempt organization under 501(c)(3)
14		of the Internal Revenue Code of 1986 (or any successor
15		provision of federal tax law), (ii) the out-of-state agency
16		provides only international adoption services and is covered
17		by the Intercountry Adoption Act of 2000, (iii) the
18		out-of-state agency displays, in the advertisement, the
19		license number of at least one of the Illinois licensed child
20		welfare agencies with which it has a written agreement, and
21		(iv) the advertisements pertain only to international adoption
22		services. Subsection (d) of this Section shall apply to any
23		out-of-state agencies described in this subsection (e).
24		(f) An advertiser, publisher, or broadcaster, including,
25		but not limited to, newspapers, periodicals, telephone book
26		publishers, outdoor advertising signs, radio stations, or

HB3595 Enrolled - 765 - LRB104 08153 BAB 18201 b
1		television stations, who knowingly or recklessly advertises or
2		publishes any advertisement offering, soliciting, or promising
3		to perform adoption services, as defined in Section 2.24 of
4		this Act, on behalf of a person, group of persons, agency,
5		association, organization, corporation, institution, center,
6		or group, not authorized to advertise under subsection (b) or
7		subsection (e) of this Section, is guilty of a Class A
8		misdemeanor and is subject to a fine not to exceed $10,000 or 9
9		months imprisonment for each advertisement.
10		(g) The Department shall maintain a website listing child
11		welfare agencies licensed by the Department that provide
12		adoption services and other general information for birth
13		parents and adoptive parents. The website shall include, but
14		not be limited to, agency addresses, phone numbers, e-mail
15		addresses, website addresses, annual reports as referenced in
16		Section 7.6 of this Act, agency license numbers, the Birth
17		Parent Bill of Rights, the Adoptive Parents Bill of Rights,
18		and the Department's complaint registry established under
19		Section 9.1a of this Act. The Department shall adopt any rules
20		necessary to implement this Section.
21		(h) (Blank).
22		(Source: P.A. 103-22, eff. 8-8-23; 103-594, eff. 7-1-26.)
23		(225 ILCS 10/12.1)
24		(This Section may contain text from a Public Act with a
25		delayed effective date)

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1		Sec. 12.1. Advertisements; Department of Early Childhood.
2		(a) In this Section, "advertise" means communication by
3		any public medium originating or distributed in this State,
4		including, but not limited to, newspapers, periodicals,
5		telephone book listings, outdoor advertising signs, radio, or
6		television.
7		(b) An early care and education A day care center, early
8		care and education day care home, or group early care and
9		education day care home licensed or operating under a permit
10		issued by the Department of Early Childhood may publish
11		advertisements for the services that the early care and
12		education day care center, early care and education day care
13		home, or group early care and education day care home is
14		specifically licensed or issued a permit under this Act to
15		provide. A person, group of persons, agency, association,
16		organization, corporation, institution, center, or group that
17		advertises or causes to be published any advertisement
18		offering, soliciting, or promising to perform adoption
19		services as defined in Section 2.24 of this Act is guilty of a
20		Class A misdemeanor and shall be subject to a fine not to
21		exceed $10,000 or 9 months' imprisonment for each
22		advertisement, unless that person, group of persons, agency,
23		association, organization, corporation, institution, center,
24		or group is licensed or operating under a permit issued by
25		Department of Early Childhood as an early care and education a
26		day care center, early care and education day care home, or

HB3595 Enrolled - 767 - LRB104 08153 BAB 18201 b
1		group early care and education day care home, as permitted by
2		law.
3		(c) Every advertisement published after the effective date
4		of this amendatory Act of the 103rd General Assembly shall
5		include the Department of Early Childhood license number of
6		the provider facility or agency.
7		(Source: P.A. 103-594, eff. 7-1-26.)
8		(225 ILCS 10/15)  (from Ch. 23, par. 2225)
9		(Text of Section before amendment by P.A. 103-594)
10		Sec. 15. Every child care facility must keep and maintain
11		such records as the Department may prescribe pertaining to the
12		admission, progress, health and discharge of children under
13		the care of the facility and shall report relative thereto to
14		the Department whenever called for, upon forms prescribed by
15		the Department. All records regarding children and all facts
16		learned about children and their relatives must be kept
17		confidential both by the child care facility and by the
18		Department.
19		Nothing contained in this Act prevents the sharing or
20		disclosure of information or records relating or pertaining to
21		juveniles subject to the provisions of the Serious Habitual
22		Offender Comprehensive Action Program when that information is
23		used to assist in the early identification and treatment of
24		habitual juvenile offenders.
25		Nothing contained in this Act prevents the disclosure of

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1		information or records by a licensed child welfare agency as
2		required under subsection (c-5) of Section 7.4.
3		(Source: P.A. 94-1010, eff. 10-1-06.)
4		(Text of Section after amendment by P.A. 103-594)
5		Sec. 15. With the exception of early care and education
6		day care centers, early care and education day care homes, and
7		group early care and education day care homes, every early
8		care and education provider child care facility must keep and
9		maintain such records as the Department may prescribe
10		pertaining to the admission, progress, health and discharge of
11		children under the care of the provider facility and shall
12		report relative thereto to the Department whenever called for,
13		upon forms prescribed by the Department. All records regarding
14		children and all facts learned about children and their
15		relatives must be kept confidential both by the early care and
16		education provider child care facility and by the Department.
17		Nothing contained in this Act prevents the sharing or
18		disclosure of information or records relating or pertaining to
19		juveniles subject to the provisions of the Serious Habitual
20		Offender Comprehensive Action Program when that information is
21		used to assist in the early identification and treatment of
22		habitual juvenile offenders.
23		Nothing contained in this Act prevents the disclosure of
24		information or records by a licensed child welfare agency as
25		required under subsection (c-5) of Section 7.4.

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1		(Source: P.A. 103-594, eff. 7-1-26.)
2		(225 ILCS 10/15.1)
3		(This Section may contain text from a Public Act with a
4		delayed effective date)
5		Sec. 15.1. Records; confidentiality; Department of Early
6		Childhood. Every early care and education day care center,
7		early care and education day care home, and group early care
8		and education day care home must keep and maintain such
9		records as the Department of Early Childhood may prescribe
10		pertaining to the admission, progress, health and discharge of
11		children under the care of the early care and education day
12		care center, early care and education day care home, or group
13		early care and education day care home, and shall report
14		relative thereto to the Department of Early Childhood whenever
15		called for, upon forms prescribed by the Department of Early
16		Childhood. All records regarding children and all facts
17		learned about children and their relatives must be kept
18		confidential both by the early care and education day care
19		center, early care and education day care home, or group early
20		care and education day care home and by the Department of Early
21		Childhood.
22		(Source: P.A. 103-594, eff. 7-1-26.)
23		(225 ILCS 10/18)  (from Ch. 23, par. 2228)
24		(Text of Section before amendment by P.A. 103-594)

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1		Sec. 18. Any person, group of persons, association, or
2		corporation that:
3		(1) conducts, operates, or acts as a child care
4		facility without a license or permit to do so in violation
5		of Section 3 of this Act;
6		(2) makes materially false statements in order to
7		obtain a license or permit;
8		(3) fails to keep the records and make the reports
9		provided under this Act;
10		(4) advertises any service not authorized by license
11		or permit held;
12		(5) publishes any advertisement in violation of this
13		Act;
14		(6) receives within this State any child in violation
15		of Section 16 of this Act; or
16		(7) violates any other provision of this Act or any
17		reasonable rule or regulation adopted and published by the
18		Department for the enforcement of the provisions of this
19		Act;
20		is guilty of a Class A misdemeanor and, in case of an
21		association or corporation, imprisonment may be imposed upon
22		its officers who knowingly participated in the violation.
23		Any child care facility that continues to operate after
24		its license is revoked under Section 8 of this Act or after its
25		license expires and the Department refused to renew the
26		license as provided in Section 8 of this Act is guilty of a

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1		business offense and shall be fined an amount in excess of $500
2		but not exceeding $10,000, and each day of violation is a
3		separate offense.
4		In a prosecution under this Act, a defendant who relies
5		upon the relationship of any child to the defendant has the
6		burden of proof as to that relationship.
7		(Source: P.A. 103-22, eff. 8-8-23; 103-605, eff. 7-1-24;
8		104-417, eff. 8-15-25.)
9		(Text of Section after amendment by P.A. 103-594)
10		Sec. 18. Any person, group of persons, association, or
11		corporation that, with respect to an early care and education
12		provider a child care facility other than an early care and
13		education a day care center, early care and education day care
14		home, or group early care and education day care home:
15		(1) conducts, operates, or acts as an early care
16		and education provider a child care facility without a
17		license or permit to do so in violation of Section 3 of
18		this Act;
19		(2) makes materially false statements in order to
20		obtain a license or permit;
21		(3) fails to keep the records and make the reports
22		provided under this Act;
23		(4) advertises any service not authorized by
24		license or permit held;
25		(5) publishes any advertisement in violation of

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1		this Act;
2		(6) receives within this State any child in
3		violation of Section 16 of this Act; or
4		(7) violates any other provision of this Act or
5		any reasonable rule or regulation adopted and
6		published by the Department for the enforcement of the
7		provisions of this Act;
8		is guilty of a Class A misdemeanor and, in case of an
9		association or corporation, imprisonment may be imposed upon
10		its officers who knowingly participated in the violation.
11		Any early care and education provider child care facility
12		(other than an early care and education a day care center,
13		early care and education day care home, or group early care and
14		education day care home) that continues to operate after its
15		license is revoked under Section 8 of this Act or after its
16		license expires and the Department refused to renew the
17		license as provided in Section 8 of this Act is guilty of a
18		business offense and shall be fined an amount in excess of $500
19		but not exceeding $10,000, and each day of violation is a
20		separate offense.
21		In a prosecution under this Act, a defendant who relies
22		upon the relationship of any child to the defendant has the
23		burden of proof as to that relationship.
24		(Source: P.A. 103-22, eff. 8-8-23; 103-594, eff. 7-1-26;
25		103-605, eff. 7-1-24; 104-417, eff. 8-15-25.)

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1		(225 ILCS 10/18.1)
2		(This Section may contain text from a Public Act with a
3		delayed effective date)
4		Sec. 18.1. Violations; early care and education day care
5		center, early care and education day care home, or group early
6		care and education day care home. Any person, group of
7		persons, association, or corporation that:
8		(1) conducts, operates, or acts as an early care and
9		education a day care center, early care and education day
10		care home, or group early care and education day care home
11		without a license or permit to do so in violation of
12		Section 3.01 of this Act;
13		(2) makes materially false statements in order to
14		obtain a license or permit;
15		(3) fails to keep the records and make the reports
16		provided under this Act;
17		(4) advertises any service not authorized by license
18		or permit held;
19		(5) publishes any advertisement in violation of this
20		Act;
21		(6) receives within this State any child in violation
22		of Section 16.1 of this Act; or
23		(7) violates any other provision of this Act or any
24		reasonable rule or regulation adopted and published by the
25		Department of Early Childhood for the enforcement of the
26		provisions of this Act;

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1		is guilty of a Class A misdemeanor and, in the case of an
2		association or corporation, imprisonment may be imposed upon
3		its officers who knowingly participated in the violation.
4		Any early care and education day care center, early care
5		and education day care home, or group early care and education
6		day care home that continues to operate after its license is
7		revoked under Section 8 or 8a of this Act or after its license
8		expires and the Department of Early Childhood refused to renew
9		the license as provided in Section 8 or 8a of this Act is
10		guilty of a business offense and shall be fined an amount in
11		excess of $500 but not exceeding $10,000. Each day of
12		violation is a separate offense.
13		In a prosecution under this Act, a defendant who relies
14		upon the relationship of any child to the defendant has the
15		burden of proof as to that relationship.
16		(Source: P.A. 103-594, eff. 7-1-26; 104-417, eff. 8-15-25.)
17		(225 ILCS 10/2.10 rep.)
18		(225 ILCS 10/3.7 rep.)
19		(225 ILCS 10/16.1 rep.)
20		Section 184. The Child Care Act of 1969 is amended by
21		repealing Sections 2.10, 3.7, and 16.1.
22		Section 190. The Structural Pest Control Act is amended by
23		changing Sections 2, 3.03, 3.27, 10.2, 10.3, and 21.1 as
24		follows:

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1		(225 ILCS 235/2)  (from Ch. 111 1/2, par. 2202)
2		(Section scheduled to be repealed on December 31, 2029)
3		Sec. 2. Legislative intent. It is declared that there
4		exists and may in the future exist within the State of Illinois
5		locations where pesticides are received, stored, formulated or
6		prepared and subsequently used for the control of structural
7		pests, and improper selection, formulation and application of
8		pesticides may adversely affect the public health and general
9		welfare.
10		It is further established that the use of certain
11		pesticides is restricted or may in the future be restricted to
12		use only by or under the supervision of persons certified in
13		accordance with this Act.
14		It is recognized that pests can best be controlled through
15		an integrated pest management program that combines preventive
16		techniques, nonchemical pest control methods, and the
17		appropriate use of pesticides with preference for products
18		that are the least harmful to human health and the
19		environment. Integrated pest management is a good practice in
20		the management of pest populations, and it is prudent to
21		employ pest control strategies that are the least hazardous to
22		human health and the environment.
23		Therefore, the purpose of this Act is to protect, promote
24		and preserve the public health and general welfare by
25		providing for the establishment of minimum standards for

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1		selection, formulation and application of restricted
2		pesticides and to provide for the licensure of commercial
3		structural pest control businesses, the registration of
4		persons who own or operate non-commercial structural pest
5		control locations where restricted pesticides are used, and
6		the certification of pest control technicians.
7		It is also the purpose of this Act to reduce economic,
8		health, and environmental risks by promoting the use of
9		integrated pest management for structural pest control in
10		schools and early care and education day care centers, by
11		making guidelines on integrated pest management available to
12		schools and early care and education day care centers.
13		(Source: P.A. 93-381, eff. 7-1-04; reenacted by P.A. 95-786,
14		eff. 8-7-08.)
15		(225 ILCS 235/3.03)  (from Ch. 111 1/2, par. 2203.03)
16		(Section scheduled to be repealed on December 31, 2029)
17		Sec. 3.03. "Person" means any individual, group of
18		individuals, association, trust, partnership, corporation,
19		person doing business under an assumed name, the State of
20		Illinois, or department thereof, any other state-owned and
21		operated institution, public school, licensed early care and
22		education day care center, or any other entity.
23		(Source: P.A. 82-725; reenacted by P.A. 95-786, eff. 8-7-08;
24		96-1362, eff. 7-28-10.)

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1		(225 ILCS 235/3.27)
2		(Section scheduled to be repealed on December 31, 2029)
3		Sec. 3.27. "Early care and education Day care center"
4		means any structure used as a licensed early care and
5		education day care center in this State.
6		(Source: P.A. 93-381, eff. 7-1-04; reenacted by P.A. 95-786,
7		eff. 8-7-08.)
8		(225 ILCS 235/10.2)  (from Ch. 111 1/2, par. 2210.2)
9		(Section scheduled to be repealed on December 31, 2029)
10		Sec. 10.2. Integrated pest management guidelines;
11		notification; training of designated persons; request for
12		copies.
13		(a) The Department shall prepare guidelines for an
14		integrated pest management program for structural pest control
15		practices at school buildings and other school facilities and
16		early care and education day care centers. Such guidelines
17		shall be made available to schools, early care and education
18		day care centers and the public upon request.
19		(b) When economically feasible, each school and early care
20		and education day care center is required to develop and
21		implement an integrated pest management program that
22		incorporates the guidelines developed by the Department. Each
23		school and early care and education day care center must
24		notify the Department, within one year after the effective
25		date of this amendatory Act of the 95th General Assembly and

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1		every 5 years thereafter, on forms provided by the Department
2		that the school or early care and education day care center has
3		developed and is implementing an integrated pest management
4		program. In implementing an integrated pest management
5		program, a school or early care and education day care center
6		must assign a designated person to assume responsibility for
7		the oversight of pest management practices in that school or
8		early care and education day care center and for recordkeeping
9		requirements.
10		(b-1) If adopting an integrated pest management program is
11		not economically feasible because such adoption would result
12		in an increase in the pest control costs of the school or early
13		care and education day care center, the school or early care
14		and education day care center must provide, within one year
15		after the effective date of this amendatory Act of the 95th
16		General Assembly and every 5 years thereafter, written
17		notification to the Department, on forms provided by the
18		Department, that the development and implementation of an
19		integrated pest management program is not economically
20		feasible. The notification must include projected pest control
21		costs for the term of the pest control program and projected
22		costs for implementing an integrated pest management program
23		for that same time period.
24		(b-2) Each school or early care and education day care
25		center that provides written notification to the Department
26		that the adoption of an integrated pest management program is

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1		not economically feasible pursuant to subsection (b-1) of this
2		Section must have its designated person attend a training
3		course on integrated pest management within one year after the
4		effective date of this amendatory Act of the 95th General
5		Assembly, and every 5 years thereafter until an integrated
6		pest management program is developed and implemented in the
7		school or early care and education day care center. The
8		training course shall be approved by the Department in
9		accordance with the minimum standards established by the
10		Department under this Act.
11		(b-3) Each school and early care and education day care
12		center shall ensure that all parents, guardians, and employees
13		are notified at least once each school year that the
14		notification requirements established by this Section have
15		been met. The school and early care and education day care
16		center shall keep copies of all notifications required by this
17		Section and any written integrated pest management program
18		plan developed in accordance with this Section and make these
19		copies available for public inspection at the school or early
20		care and education day care center.
21		(c) The Structural Pest Control Advisory Council shall
22		assist the Department in developing the guidelines for
23		integrated pest management programs. In developing the
24		guidelines, the Council shall consult with individuals
25		knowledgeable in the area of integrated pest management.
26		(d) The Department, with the assistance of the Cooperative

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1		Extension Service and other relevant agencies, may prepare a
2		training program for school or early care and education day
3		care center pest control specialists.
4		(e) The Department may request copies of a school's or
5		early care and education day care center's integrated pest
6		management program plan and notification required by this Act
7		and offer assistance and training to schools and early care
8		and education day care centers on integrated pest management
9		programs.
10		(f) The requirements of this Section are subject to
11		appropriation to the Department for the implementation of
12		integrated pest management programs.
13		(Source: P.A. 95-58, eff. 8-10-07; reenacted by P.A. 95-786,
14		eff. 8-7-08.)
15		(225 ILCS 235/10.3)
16		(Section scheduled to be repealed on December 31, 2029)
17		Sec. 10.3. Notification. School districts and early care
18		and education day care centers must maintain a registry of
19		parents and guardians of students and employees who have
20		registered to receive written or telephonic notification prior
21		to application of pesticides to school property or early care
22		and education day care centers or provide written or
23		telephonic notification to all parents and guardians of
24		students before such pesticide application. Written
25		notification may be included in newsletters, bulletins,

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1		calendars, or other correspondence currently published by the
2		school district or early care and education day care center.
3		The written or telephonic notification must be given at least
4		2 business days before application of the pesticide
5		application and should identify the intended date of the
6		application of the pesticide and the name and telephone
7		contact number for the school or early care and education day
8		care center personnel responsible for the pesticide
9		application program. Prior notice shall not be required if
10		there is an imminent threat to health or property. If such a
11		situation arises, the appropriate school or early care and
12		education day care center personnel must sign a statement
13		describing the circumstances that gave rise to the health
14		threat and ensure that written or telephonic notice is
15		provided as soon as practicable. For purposes of this Section,
16		pesticides subject to notification requirements shall not
17		include (i) an antimicrobial agent, such as disinfectant,
18		sanitizer, or deodorizer, or (ii) insecticide baits and
19		rodenticide baits.
20		(Source: P.A. 93-381, eff. 7-1-04; reenacted by P.A. 95-786,
21		eff. 8-7-08; 96-1362, eff. 7-28-10.)
22		(225 ILCS 235/21.1)  (from Ch. 111 1/2, par. 2221.1)
23		(Section scheduled to be repealed on December 31, 2029)
24		Sec. 21.1. Administrative civil fines. The Department is
25		empowered to assess administrative civil fines in accordance

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1		with Section 15 of this Act against a licensee, registrant,
2		certified technician, person, public school, licensed early
3		care and education day care center, or other entity for
4		violations of this Act or its rules and regulations. These
5		fines shall be established by the Department by rule and may be
6		assessed in addition to, or in lieu of, license, registration,
7		or certification suspensions and revocations.
8		Any fine assessed and not paid within 60 days after
9		receiving notice from the Department may be submitted to the
10		Attorney General's Office, or any other public or private
11		agency, for collection of the amounts owed plus any fees and
12		costs incurred during the collection process. Failure to pay a
13		fine shall also be grounds for immediate suspension or
14		revocation of a license, registration, or certification issued
15		under this Act.
16		(Source: P.A. 87-703; reenacted by P.A. 95-786, eff. 8-7-08;
17		96-1362, eff. 7-28-10.)
18		Section 200. The Liquor Control Act of 1934 is amended by
19		changing Section 6-15 as follows:
20		(235 ILCS 5/6-15)  (from Ch. 43, par. 130)
21		Sec. 6-15. No alcoholic liquors shall be sold or delivered
22		in any building belonging to or under the control of the State
23		or any political subdivision thereof except as provided in
24		this Act. The corporate authorities of any city, village,

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1		incorporated town, township, or county may provide by
2		ordinance, however, that alcoholic liquor may be sold or
3		delivered in any specifically designated building belonging to
4		or under the control of the municipality, township, or county,
5		or in any building located on land under the control of the
6		municipality, township, or county; provided that such township
7		or county complies with all applicable local ordinances in any
8		incorporated area of the township or county. Alcoholic liquor
9		may be delivered to and sold under the authority of a special
10		use permit on any property owned by a conservation district
11		organized under the Conservation District Act, provided that
12		(i) the alcoholic liquor is sold only at an event authorized by
13		the governing board of the conservation district, (ii) the
14		issuance of the special use permit is authorized by the local
15		liquor control commissioner of the territory in which the
16		property is located, and (iii) the special use permit
17		authorizes the sale of alcoholic liquor for one day or less.
18		Alcoholic liquors may be delivered to and sold at any airport
19		belonging to or under the control of a municipality of more
20		than 25,000 inhabitants, or in any building or on any golf
21		course owned by a park district organized under the Park
22		District Code, subject to the approval of the governing board
23		of the district, or in any building or on any golf course owned
24		by a forest preserve district organized under the Downstate
25		Forest Preserve District Act, subject to the approval of the
26		governing board of the district, or on the grounds within 500

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1		feet of any building owned by a forest preserve district
2		organized under the Downstate Forest Preserve District Act
3		during times when food is dispensed for consumption within 500
4		feet of the building from which the food is dispensed, subject
5		to the approval of the governing board of the district, or in a
6		building owned by a Local Mass Transit District organized
7		under the Local Mass Transit District Act, subject to the
8		approval of the governing Board of the District, or in
9		Bicentennial Park, or on the premises of the City of Mendota
10		Lake Park located adjacent to Route 51 in Mendota, Illinois,
11		or on the premises of Camden Park in Milan, Illinois, or in the
12		community center owned by the City of Loves Park that is
13		located at 1000 River Park Drive in Loves Park, Illinois, or,
14		in connection with the operation of an established food
15		serving facility during times when food is dispensed for
16		consumption on the premises, and at the following aquarium and
17		museums located in public parks: Art Institute of Chicago,
18		Chicago Academy of Sciences, Chicago Historical Society, Field
19		Museum of Natural History, Museum of Science and Industry,
20		DuSable Museum of African American History, John G. Shedd
21		Aquarium and Adler Planetarium, or at Lakeview Museum of Arts
22		and Sciences in Peoria, or in connection with the operation of
23		the facilities of the Chicago Zoological Society or the
24		Chicago Horticultural Society on land owned by the Forest
25		Preserve District of Cook County, or on any land used for a
26		golf course or for recreational purposes owned by the Forest

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1		Preserve District of Cook County, subject to the control of
2		the Forest Preserve District Board of Commissioners and
3		applicable local law, provided that dram shop liability
4		insurance is provided at maximum coverage limits so as to hold
5		the District harmless from all financial loss, damage, and
6		harm, or in any building located on land owned by the Chicago
7		Park District if approved by the Park District Commissioners,
8		or on any land used for a golf course or for recreational
9		purposes and owned by the Illinois International Port District
10		if approved by the District's governing board, or at any
11		airport, golf course, faculty center, or facility in which
12		conference and convention type activities take place belonging
13		to or under control of any State university or public
14		community college district, provided that with respect to a
15		facility for conference and convention type activities
16		alcoholic liquors shall be limited to the use of the
17		convention or conference participants or participants in
18		cultural, political or educational activities held in such
19		facilities, and provided further that the faculty or staff of
20		the State university or a public community college district,
21		or members of an organization of students, alumni, faculty or
22		staff of the State university or a public community college
23		district are active participants in the conference or
24		convention, or in Memorial Stadium on the campus of the
25		University of Illinois at Urbana-Champaign during games in
26		which the Chicago Bears professional football team is playing

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1		in that stadium during the renovation of Soldier Field, not
2		more than one and a half hours before the start of the game and
3		not after the end of the third quarter of the game, or in the
4		Pavilion Facility on the campus of the University of Illinois
5		at Chicago during games in which the Chicago Storm
6		professional soccer team is playing in that facility, not more
7		than one and a half hours before the start of the game and not
8		after the end of the third quarter of the game, or in the
9		Pavilion Facility on the campus of the University of Illinois
10		at Chicago during games in which the WNBA professional women's
11		basketball team is playing in that facility, not more than one
12		and a half hours before the start of the game and not after the
13		10-minute mark of the second half of the game, or by a catering
14		establishment which has rented facilities from a board of
15		trustees of a public community college district, or in a
16		restaurant that is operated by a commercial tenant in the
17		North Campus Parking Deck building that (1) is located at 1201
18		West University Avenue, Urbana, Illinois and (2) is owned by
19		the Board of Trustees of the University of Illinois, or, if
20		approved by the District board, on land owned by the
21		Metropolitan Sanitary District of Greater Chicago and leased
22		to others for a term of at least 20 years. Nothing in this
23		Section precludes the sale or delivery of alcoholic liquor in
24		the form of original packaged goods in premises located at 500
25		S. Racine in Chicago belonging to the University of Illinois
26		and used primarily as a grocery store by a commercial tenant

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1		during the term of a lease that predates the University's
2		acquisition of the premises; but the University shall have no
3		power or authority to renew, transfer, or extend the lease
4		with terms allowing the sale of alcoholic liquor; and the sale
5		of alcoholic liquor shall be subject to all local laws and
6		regulations. After the acquisition by Winnebago County of the
7		property located at 404 Elm Street in Rockford, a commercial
8		tenant who sold alcoholic liquor at retail on a portion of the
9		property under a valid license at the time of the acquisition
10		may continue to do so for so long as the tenant and the County
11		may agree under existing or future leases, subject to all
12		local laws and regulations regarding the sale of alcoholic
13		liquor. Alcoholic liquors may be delivered to and sold at
14		Memorial Hall, located at 211 North Main Street, Rockford,
15		under conditions approved by Winnebago County and subject to
16		all local laws and regulations regarding the sale of alcoholic
17		liquor. Each facility shall provide dram shop liability in
18		maximum insurance coverage limits so as to save harmless the
19		State, municipality, State university, airport, golf course,
20		faculty center, facility in which conference and convention
21		type activities take place, park district, Forest Preserve
22		District, public community college district, aquarium, museum,
23		or sanitary district from all financial loss, damage or harm.
24		Alcoholic liquors may be sold at retail in buildings of golf
25		courses owned by municipalities or Illinois State University
26		in connection with the operation of an established food

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1		serving facility during times when food is dispensed for
2		consumption upon the premises. Alcoholic liquors may be
3		delivered to and sold at retail in any building owned by a fire
4		protection district organized under the Fire Protection
5		District Act, provided that such delivery and sale is approved
6		by the board of trustees of the district, and provided further
7		that such delivery and sale is limited to fundraising events
8		and to a maximum of 6 events per year. However, the limitation
9		to fundraising events and to a maximum of 6 events per year
10		does not apply to the delivery, sale, or manufacture of
11		alcoholic liquors at the building located at 59 Main Street in
12		Oswego, Illinois, owned by the Oswego Fire Protection District
13		if the alcoholic liquor is sold or dispensed as approved by the
14		Oswego Fire Protection District and the property is no longer
15		being utilized for fire protection purposes.
16		Alcoholic liquors may be served or sold in buildings under
17		the control of the Board of Trustees of the University of
18		Illinois for events that the Board may determine are public
19		events and not related student activities. The Board of
20		Trustees shall issue a written policy within 6 months of
21		August 15, 2008 (the effective date of Public Act 95-847)
22		concerning the types of events that would be eligible for an
23		exemption. Thereafter, the Board of Trustees may issue
24		revised, updated, new, or amended policies as it deems
25		necessary and appropriate. In preparing its written policy,
26		the Board of Trustees shall, among other factors it considers

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1		relevant and important, give consideration to the following:
2		(i) whether the event is a student activity or student-related
3		activity; (ii) whether the physical setting of the event is
4		conducive to control of liquor sales and distribution; (iii)
5		the ability of the event operator to ensure that the sale or
6		serving of alcoholic liquors and the demeanor of the
7		participants are in accordance with State law and University
8		policies; (iv) regarding the anticipated attendees at the
9		event, the relative proportion of individuals under the age of
10		21 to individuals age 21 or older; (v) the ability of the venue
11		operator to prevent the sale or distribution of alcoholic
12		liquors to individuals under the age of 21; (vi) whether the
13		event prohibits participants from removing alcoholic beverages
14		from the venue; and (vii) whether the event prohibits
15		participants from providing their own alcoholic liquors to the
16		venue. In addition, any policy submitted by the Board of
17		Trustees to the Illinois Liquor Control Commission must
18		require that any event at which alcoholic liquors are served
19		or sold in buildings under the control of the Board of Trustees
20		shall require the prior written approval of the Office of the
21		Chancellor for the University campus where the event is
22		located. The Board of Trustees shall submit its policy, and
23		any subsequently revised, updated, new, or amended policies,
24		to the Illinois Liquor Control Commission, and any University
25		event, or location for an event, exempted under such policies
26		shall apply for a license under the applicable Sections of

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1		this Act.
2		Alcoholic liquors may be served or sold in buildings under
3		the control of the Board of Trustees of Northern Illinois
4		University for events that the Board may determine are public
5		events and not student-related activities. The Board of
6		Trustees shall issue a written policy within 6 months after
7		June 28, 2011 (the effective date of Public Act 97-45)
8		concerning the types of events that would be eligible for an
9		exemption. Thereafter, the Board of Trustees may issue
10		revised, updated, new, or amended policies as it deems
11		necessary and appropriate. In preparing its written policy,
12		the Board of Trustees shall, in addition to other factors it
13		considers relevant and important, give consideration to the
14		following: (i) whether the event is a student activity or
15		student-related activity; (ii) whether the physical setting of
16		the event is conducive to control of liquor sales and
17		distribution; (iii) the ability of the event operator to
18		ensure that the sale or serving of alcoholic liquors and the
19		demeanor of the participants are in accordance with State law
20		and University policies; (iv) the anticipated attendees at the
21		event and the relative proportion of individuals under the age
22		of 21 to individuals age 21 or older; (v) the ability of the
23		venue operator to prevent the sale or distribution of
24		alcoholic liquors to individuals under the age of 21; (vi)
25		whether the event prohibits participants from removing
26		alcoholic beverages from the venue; and (vii) whether the

HB3595 Enrolled - 791 - LRB104 08153 BAB 18201 b
1		event prohibits participants from providing their own
2		alcoholic liquors to the venue.
3		Alcoholic liquors may be served or sold in buildings under
4		the control of the Board of Trustees of Chicago State
5		University for events that the Board may determine are public
6		events and not student-related activities. The Board of
7		Trustees shall issue a written policy within 6 months after
8		August 2, 2013 (the effective date of Public Act 98-132)
9		concerning the types of events that would be eligible for an
10		exemption. Thereafter, the Board of Trustees may issue
11		revised, updated, new, or amended policies as it deems
12		necessary and appropriate. In preparing its written policy,
13		the Board of Trustees shall, in addition to other factors it
14		considers relevant and important, give consideration to the
15		following: (i) whether the event is a student activity or
16		student-related activity; (ii) whether the physical setting of
17		the event is conducive to control of liquor sales and
18		distribution; (iii) the ability of the event operator to
19		ensure that the sale or serving of alcoholic liquors and the
20		demeanor of the participants are in accordance with State law
21		and University policies; (iv) the anticipated attendees at the
22		event and the relative proportion of individuals under the age
23		of 21 to individuals age 21 or older; (v) the ability of the
24		venue operator to prevent the sale or distribution of
25		alcoholic liquors to individuals under the age of 21; (vi)
26		whether the event prohibits participants from removing

HB3595 Enrolled - 792 - LRB104 08153 BAB 18201 b
1		alcoholic beverages from the venue; and (vii) whether the
2		event prohibits participants from providing their own
3		alcoholic liquors to the venue.
4		Alcoholic liquors may be served or sold in buildings under
5		the control of the Board of Trustees of Illinois State
6		University for events that the Board may determine are public
7		events and not student-related activities. The Board of
8		Trustees shall issue a written policy within 6 months after
9		March 1, 2013 (the effective date of Public Act 97-1166)
10		concerning the types of events that would be eligible for an
11		exemption. Thereafter, the Board of Trustees may issue
12		revised, updated, new, or amended policies as it deems
13		necessary and appropriate. In preparing its written policy,
14		the Board of Trustees shall, in addition to other factors it
15		considers relevant and important, give consideration to the
16		following: (i) whether the event is a student activity or
17		student-related activity; (ii) whether the physical setting of
18		the event is conducive to control of liquor sales and
19		distribution; (iii) the ability of the event operator to
20		ensure that the sale or serving of alcoholic liquors and the
21		demeanor of the participants are in accordance with State law
22		and University policies; (iv) the anticipated attendees at the
23		event and the relative proportion of individuals under the age
24		of 21 to individuals age 21 or older; (v) the ability of the
25		venue operator to prevent the sale or distribution of
26		alcoholic liquors to individuals under the age of 21; (vi)

HB3595 Enrolled - 793 - LRB104 08153 BAB 18201 b
1		whether the event prohibits participants from removing
2		alcoholic beverages from the venue; and (vii) whether the
3		event prohibits participants from providing their own
4		alcoholic liquors to the venue.
5		Alcoholic liquors may be served or sold in buildings under
6		the control of the Board of Trustees of Southern Illinois
7		University for events that the Board may determine are public
8		events and not student-related activities. The Board of
9		Trustees shall issue a written policy within 6 months after
10		August 12, 2016 (the effective date of Public Act 99-795)
11		concerning the types of events that would be eligible for an
12		exemption. Thereafter, the Board of Trustees may issue
13		revised, updated, new, or amended policies as it deems
14		necessary and appropriate. In preparing its written policy,
15		the Board of Trustees shall, in addition to other factors it
16		considers relevant and important, give consideration to the
17		following: (i) whether the event is a student activity or
18		student-related activity; (ii) whether the physical setting of
19		the event is conducive to control of liquor sales and
20		distribution; (iii) the ability of the event operator to
21		ensure that the sale or serving of alcoholic liquors and the
22		demeanor of the participants are in accordance with State law
23		and University policies; (iv) the anticipated attendees at the
24		event and the relative proportion of individuals under the age
25		of 21 to individuals age 21 or older; (v) the ability of the
26		venue operator to prevent the sale or distribution of

HB3595 Enrolled - 794 - LRB104 08153 BAB 18201 b
1		alcoholic liquors to individuals under the age of 21; (vi)
2		whether the event prohibits participants from removing
3		alcoholic beverages from the venue; and (vii) whether the
4		event prohibits participants from providing their own
5		alcoholic liquors to the venue.
6		Alcoholic liquors may be served or sold in buildings under
7		the control of the Board of Trustees of a public university for
8		events that the Board of Trustees of that public university
9		may determine are public events and not student-related
10		activities. If the Board of Trustees of a public university
11		has not issued a written policy pursuant to an exemption under
12		this Section on or before July 15, 2016 (the effective date of
13		Public Act 99-550), then that Board of Trustees shall issue a
14		written policy within 6 months after July 15, 2016 (the
15		effective date of Public Act 99-550) concerning the types of
16		events that would be eligible for an exemption. Thereafter,
17		the Board of Trustees may issue revised, updated, new, or
18		amended policies as it deems necessary and appropriate. In
19		preparing its written policy, the Board of Trustees shall, in
20		addition to other factors it considers relevant and important,
21		give consideration to the following: (i) whether the event is
22		a student activity or student-related activity; (ii) whether
23		the physical setting of the event is conducive to control of
24		liquor sales and distribution; (iii) the ability of the event
25		operator to ensure that the sale or serving of alcoholic
26		liquors and the demeanor of the participants are in accordance

HB3595 Enrolled - 795 - LRB104 08153 BAB 18201 b
1		with State law and University policies; (iv) the anticipated
2		attendees at the event and the relative proportion of
3		individuals under the age of 21 to individuals age 21 or older;
4		(v) the ability of the venue operator to prevent the sale or
5		distribution of alcoholic liquors to individuals under the age
6		of 21; (vi) whether the event prohibits participants from
7		removing alcoholic beverages from the venue; and (vii) whether
8		the event prohibits participants from providing their own
9		alcoholic liquors to the venue. As used in this paragraph,
10		"public university" means the University of Illinois, Illinois
11		State University, Chicago State University, Governors State
12		University, Southern Illinois University, Northern Illinois
13		University, Eastern Illinois University, Western Illinois
14		University, and Northeastern Illinois University.
15		Alcoholic liquors may be served or sold in buildings under
16		the control of the Board of Trustees of a community college
17		district for events that the Board of Trustees of that
18		community college district may determine are public events and
19		not student-related activities. The Board of Trustees shall
20		issue a written policy within 6 months after July 15, 2016 (the
21		effective date of Public Act 99-550) concerning the types of
22		events that would be eligible for an exemption. Thereafter,
23		the Board of Trustees may issue revised, updated, new, or
24		amended policies as it deems necessary and appropriate. In
25		preparing its written policy, the Board of Trustees shall, in
26		addition to other factors it considers relevant and important,

HB3595 Enrolled - 796 - LRB104 08153 BAB 18201 b
1		give consideration to the following: (i) whether the event is
2		a student activity or student-related activity; (ii) whether
3		the physical setting of the event is conducive to control of
4		liquor sales and distribution; (iii) the ability of the event
5		operator to ensure that the sale or serving of alcoholic
6		liquors and the demeanor of the participants are in accordance
7		with State law and community college district policies; (iv)
8		the anticipated attendees at the event and the relative
9		proportion of individuals under the age of 21 to individuals
10		age 21 or older; (v) the ability of the venue operator to
11		prevent the sale or distribution of alcoholic liquors to
12		individuals under the age of 21; (vi) whether the event
13		prohibits participants from removing alcoholic beverages from
14		the venue; and (vii) whether the event prohibits participants
15		from providing their own alcoholic liquors to the venue. This
16		paragraph does not apply to any community college district
17		authorized to sell or serve alcoholic liquor under any other
18		provision of this Section.
19		Alcoholic liquor may be delivered to and sold at retail in
20		the Dorchester Senior Business Center owned by the Village of
21		Dolton if the alcoholic liquor is sold or dispensed only in
22		connection with organized functions for which the planned
23		attendance is 20 or more persons, and if the person or facility
24		selling or dispensing the alcoholic liquor has provided dram
25		shop liability insurance in maximum limits so as to hold
26		harmless the Village of Dolton and the State from all

HB3595 Enrolled - 797 - LRB104 08153 BAB 18201 b
1		financial loss, damage and harm.
2		Alcoholic liquors may be delivered to and sold at retail
3		in any building used as an Illinois State Armory provided:
4		(i) the Adjutant General's written consent to the
5		issuance of a license to sell alcoholic liquor in such
6		building is filed with the Commission;
7		(ii) the alcoholic liquor is sold or dispensed only in
8		connection with organized functions held on special
9		occasions;
10		(iii) the organized function is one for which the
11		planned attendance is 25 or more persons; and
12		(iv) the facility selling or dispensing the alcoholic
13		liquors has provided dram shop liability insurance in
14		maximum limits so as to save harmless the facility and the
15		State from all financial loss, damage or harm.
16		Alcoholic liquors may be delivered to and sold at retail
17		in the Chicago Civic Center, provided that:
18		(i) the written consent of the Public Building
19		Commission which administers the Chicago Civic Center is
20		filed with the Commission;
21		(ii) the alcoholic liquor is sold or dispensed only in
22		connection with organized functions held on special
23		occasions;
24		(iii) the organized function is one for which the
25		planned attendance is 25 or more persons;
26		(iv) the facility selling or dispensing the alcoholic

HB3595 Enrolled - 798 - LRB104 08153 BAB 18201 b
1		liquors has provided dram shop liability insurance in
2		maximum limits so as to hold harmless the Civic Center,
3		the City of Chicago and the State from all financial loss,
4		damage or harm; and
5		(v) all applicable local ordinances are complied with.
6		Alcoholic liquors may be delivered or sold in any building
7		belonging to or under the control of any city, village or
8		incorporated town where more than 75% of the physical
9		properties of the building is used for commercial or
10		recreational purposes, and the building is located upon a pier
11		extending into or over the waters of a navigable lake or stream
12		or on the shore of a navigable lake or stream. In accordance
13		with a license issued under this Act, alcoholic liquor may be
14		sold, served, or delivered in buildings and facilities under
15		the control of the Department of Natural Resources during
16		events or activities lasting no more than 7 continuous days
17		upon the written approval of the Director of Natural Resources
18		acting as the controlling government authority. The Director
19		of Natural Resources may specify conditions on that approval,
20		including, but not limited to, requirements for insurance and
21		hours of operation. Notwithstanding any other provision of
22		this Act, alcoholic liquor sold by a United States Army Corps
23		of Engineers or Department of Natural Resources concessionaire
24		who was operating on June 1, 1991 for on-premises consumption
25		only is not subject to the provisions of Articles IV and IX.
26		Beer and wine may be sold on the premises of the Joliet Park

HB3595 Enrolled - 799 - LRB104 08153 BAB 18201 b
1		District Stadium owned by the Joliet Park District when
2		written consent to the issuance of a license to sell beer and
3		wine in such premises is filed with the local liquor
4		commissioner by the Joliet Park District. Beer and wine may be
5		sold in buildings on the grounds of State veterans' homes when
6		written consent to the issuance of a license to sell beer and
7		wine in such buildings is filed with the Commission by the
8		Department of Veterans Affairs, and the facility shall provide
9		dram shop liability in maximum insurance coverage limits so as
10		to save the facility harmless from all financial loss, damage
11		or harm. Such liquors may be delivered to and sold at any
12		property owned or held under lease by a Metropolitan Pier and
13		Exposition Authority or Metropolitan Exposition and Auditorium
14		Authority.
15		Beer and wine may be sold and dispensed at professional
16		sporting events and at professional concerts and other
17		entertainment events conducted on premises owned by the Forest
18		Preserve District of Kane County, subject to the control of
19		the District Commissioners and applicable local law, provided
20		that dram shop liability insurance is provided at maximum
21		coverage limits so as to hold the District harmless from all
22		financial loss, damage and harm.
23		Nothing in this Section shall preclude the sale or
24		delivery of beer and wine at a State or county fair or the sale
25		or delivery of beer or wine at a city fair in any otherwise
26		lawful manner.

HB3595 Enrolled - 800 - LRB104 08153 BAB 18201 b
1		Alcoholic liquors may be sold at retail in buildings in
2		State parks under the control of the Department of Natural
3		Resources, provided:
4		a. the State park has overnight lodging facilities
5		with some restaurant facilities or, not having overnight
6		lodging facilities, has restaurant facilities which serve
7		complete luncheon and dinner or supper meals,
8		b. (blank), and
9		c. the alcoholic liquors are sold by the State park
10		lodge or restaurant concessionaire only during the hours
11		from 11 o'clock a.m. until 12 o'clock midnight.
12		Notwithstanding any other provision of this Act, alcoholic
13		liquor sold by the State park or restaurant concessionaire
14		is not subject to the provisions of Articles IV and IX.
15		Alcoholic liquors may be sold at retail in buildings on
16		properties under the control of the Division of Historic
17		Preservation of the Department of Natural Resources or the
18		Abraham Lincoln Presidential Library and Museum provided:
19		a. the property has overnight lodging facilities with
20		some restaurant facilities or, not having overnight
21		lodging facilities, has restaurant facilities which serve
22		complete luncheon and dinner or supper meals,
23		b. consent to the issuance of a license to sell
24		alcoholic liquors in the buildings has been filed with the
25		commission by the Division of Historic Preservation of the
26		Department of Natural Resources or the Abraham Lincoln

HB3595 Enrolled - 801 - LRB104 08153 BAB 18201 b
1		Presidential Library and Museum, and
2		c. the alcoholic liquors are sold by the lodge or
3		restaurant concessionaire only during the hours from 11
4		o'clock a.m. until 12 o'clock midnight.
5		The sale of alcoholic liquors pursuant to this Section
6		does not authorize the establishment and operation of
7		facilities commonly called taverns, saloons, bars, cocktail
8		lounges, and the like except as a part of lodge and restaurant
9		facilities in State parks or golf courses owned by Forest
10		Preserve Districts with a population of less than 3,000,000 or
11		municipalities or park districts.
12		Alcoholic liquors may be sold at retail in the Springfield
13		Administration Building of the Department of Transportation
14		and the Illinois State Armory in Springfield; provided, that
15		the controlling government authority may consent to such sales
16		only if
17		a. the request is from a not-for-profit organization;
18		b. such sales would not impede normal operations of
19		the departments involved;
20		c. the not-for-profit organization provides dram shop
21		liability in maximum insurance coverage limits and agrees
22		to defend, save harmless and indemnify the State of
23		Illinois from all financial loss, damage or harm;
24		d. no such sale shall be made during normal working
25		hours of the State of Illinois; and
26		e. the consent is in writing.

HB3595 Enrolled - 802 - LRB104 08153 BAB 18201 b
1		Alcoholic liquors may be sold at retail in buildings in
2		recreational areas of river conservancy districts under the
3		control of, or leased from, the river conservancy districts.
4		Such sales are subject to reasonable local regulations as
5		provided in Article IV; however, no such regulations may
6		prohibit or substantially impair the sale of alcoholic liquors
7		on Sundays or Holidays.
8		Alcoholic liquors may be provided in long term care
9		facilities owned or operated by a county under Division 5-21
10		or 5-22 of the Counties Code, when approved by the facility
11		operator and not in conflict with the regulations of the
12		Illinois Department of Public Health, to residents of the
13		facility who have had their consumption of the alcoholic
14		liquors provided approved in writing by a physician licensed
15		to practice medicine in all its branches.
16		Alcoholic liquors may be delivered to and dispensed in
17		State housing assigned to employees of the Department of
18		Corrections. No person shall furnish or allow to be furnished
19		any alcoholic liquors to any prisoner confined in any jail,
20		reformatory, prison or house of correction except upon a
21		physician's prescription for medicinal purposes.
22		Alcoholic liquors may be sold at retail or dispensed at
23		the Willard Ice Building in Springfield, at the State Library
24		in Springfield, and at Illinois State Museum facilities by (1)
25		an agency of the State, whether legislative, judicial or
26		executive, provided that such agency first obtains written

HB3595 Enrolled - 803 - LRB104 08153 BAB 18201 b
1		permission to sell or dispense alcoholic liquors from the
2		controlling government authority, or by (2) a not-for-profit
3		organization, provided that such organization:
4		a. Obtains written consent from the controlling
5		government authority;
6		b. Sells or dispenses the alcoholic liquors in a
7		manner that does not impair normal operations of State
8		offices located in the building;
9		c. Sells or dispenses alcoholic liquors only in
10		connection with an official activity in the building;
11		d. Provides, or its catering service provides, dram
12		shop liability insurance in maximum coverage limits and in
13		which the carrier agrees to defend, save harmless and
14		indemnify the State of Illinois from all financial loss,
15		damage or harm arising out of the selling or dispensing of
16		alcoholic liquors.
17		Nothing in this Act shall prevent a not-for-profit
18		organization or agency of the State from employing the
19		services of a catering establishment for the selling or
20		dispensing of alcoholic liquors at authorized functions.
21		The controlling government authority for the Willard Ice
22		Building in Springfield shall be the Director of the
23		Department of Revenue. The controlling government authority
24		for Illinois State Museum facilities shall be the Director of
25		the Illinois State Museum. The controlling government
26		authority for the State Library in Springfield shall be the

HB3595 Enrolled - 804 - LRB104 08153 BAB 18201 b
1		Secretary of State.
2		Alcoholic liquors may be delivered to and sold at retail
3		or dispensed at any facility, property or building under the
4		jurisdiction of the Division of Historic Preservation of the
5		Department of Natural Resources, the Abraham Lincoln
6		Presidential Library and Museum, or the State Treasurer where
7		the delivery, sale or dispensing is by (1) an agency of the
8		State, whether legislative, judicial or executive, provided
9		that such agency first obtains written permission to sell or
10		dispense alcoholic liquors from a controlling government
11		authority, or by (2) an individual or organization provided
12		that such individual or organization:
13		a. Obtains written consent from the controlling
14		government authority;
15		b. Sells or dispenses the alcoholic liquors in a
16		manner that does not impair normal workings of State
17		offices or operations located at the facility, property or
18		building;
19		c. Sells or dispenses alcoholic liquors only in
20		connection with an official activity of the individual or
21		organization in the facility, property or building;
22		d. Provides, or its catering service provides, dram
23		shop liability insurance in maximum coverage limits and in
24		which the carrier agrees to defend, save harmless and
25		indemnify the State of Illinois from all financial loss,
26		damage or harm arising out of the selling or dispensing of

HB3595 Enrolled - 805 - LRB104 08153 BAB 18201 b
1		alcoholic liquors.
2		The controlling government authority for the Division of
3		Historic Preservation of the Department of Natural Resources
4		shall be the Director of Natural Resources, the controlling
5		government authority for the Abraham Lincoln Presidential
6		Library and Museum shall be the Executive Director of the
7		Abraham Lincoln Presidential Library and Museum, and the
8		controlling government authority for the facilities, property,
9		or buildings under the jurisdiction of the State Treasurer
10		shall be the State Treasurer or the State Treasurer's
11		designee.
12		Alcoholic liquors may be delivered to and sold at retail
13		or dispensed for consumption at the Michael Bilandic Building
14		at 160 North LaSalle Street, Chicago IL 60601, after the
15		normal business hours of any early care and education day care
16		or child care facility located in the building, by (1) a
17		commercial tenant or subtenant conducting business on the
18		premises under a lease made pursuant to Section 405-315 of the
19		Department of Central Management Services Law, provided that
20		such tenant or subtenant who accepts delivery of, sells, or
21		dispenses alcoholic liquors shall procure and maintain dram
22		shop liability insurance in maximum coverage limits and in
23		which the carrier agrees to defend, indemnify, and save
24		harmless the State of Illinois from all financial loss,
25		damage, or harm arising out of the delivery, sale, or
26		dispensing of alcoholic liquors, or by (2) an agency of the

HB3595 Enrolled - 806 - LRB104 08153 BAB 18201 b
1		State, whether legislative, judicial, or executive, provided
2		that such agency first obtains written permission to accept
3		delivery of and sell or dispense alcoholic liquors from the
4		Director of Central Management Services, or by (3) a
5		not-for-profit organization, provided that such organization:
6		a. obtains written consent from the Department of
7		Central Management Services;
8		b. accepts delivery of and sells or dispenses the
9		alcoholic liquors in a manner that does not impair normal
10		operations of State offices located in the building;
11		c. accepts delivery of and sells or dispenses
12		alcoholic liquors only in connection with an official
13		activity in the building; and
14		d. provides, or its catering service provides, dram
15		shop liability insurance in maximum coverage limits and in
16		which the carrier agrees to defend, save harmless, and
17		indemnify the State of Illinois from all financial loss,
18		damage, or harm arising out of the selling or dispensing
19		of alcoholic liquors.
20		Nothing in this Act shall prevent a not-for-profit
21		organization or agency of the State from employing the
22		services of a catering establishment for the selling or
23		dispensing of alcoholic liquors at functions authorized by the
24		Director of Central Management Services.
25		Alcoholic liquors may be sold at retail or dispensed at
26		the James R. Thompson Center in Chicago, subject to the

HB3595 Enrolled - 807 - LRB104 08153 BAB 18201 b
1		provisions of Section 7.4 of the State Property Control Act,
2		and 222 South College Street in Springfield, Illinois by (1) a
3		commercial tenant or subtenant conducting business on the
4		premises under a lease or sublease made pursuant to Section
5		405-315 of the Department of Central Management Services Law,
6		provided that such tenant or subtenant who sells or dispenses
7		alcoholic liquors shall procure and maintain dram shop
8		liability insurance in maximum coverage limits and in which
9		the carrier agrees to defend, indemnify and save harmless the
10		State of Illinois from all financial loss, damage or harm
11		arising out of the sale or dispensing of alcoholic liquors, or
12		by (2) an agency of the State, whether legislative, judicial
13		or executive, provided that such agency first obtains written
14		permission to sell or dispense alcoholic liquors from the
15		Director of Central Management Services, or by (3) a
16		not-for-profit organization, provided that such organization:
17		a. Obtains written consent from the Department of
18		Central Management Services;
19		b. Sells or dispenses the alcoholic liquors in a
20		manner that does not impair normal operations of State
21		offices located in the building;
22		c. Sells or dispenses alcoholic liquors only in
23		connection with an official activity in the building;
24		d. Provides, or its catering service provides, dram
25		shop liability insurance in maximum coverage limits and in
26		which the carrier agrees to defend, save harmless and

HB3595 Enrolled - 808 - LRB104 08153 BAB 18201 b
1		indemnify the State of Illinois from all financial loss,
2		damage or harm arising out of the selling or dispensing of
3		alcoholic liquors.
4		Nothing in this Act shall prevent a not-for-profit
5		organization or agency of the State from employing the
6		services of a catering establishment for the selling or
7		dispensing of alcoholic liquors at functions authorized by the
8		Director of Central Management Services.
9		Alcoholic liquors may be sold or delivered at any facility
10		owned by the Illinois Sports Facilities Authority provided
11		that dram shop liability insurance has been made available in
12		a form, with such coverage and in such amounts as the Authority
13		reasonably determines is necessary.
14		Alcoholic liquors may be sold at retail or dispensed at
15		the Rockford State Office Building by (1) an agency of the
16		State, whether legislative, judicial or executive, provided
17		that such agency first obtains written permission to sell or
18		dispense alcoholic liquors from the Department of Central
19		Management Services, or by (2) a not-for-profit organization,
20		provided that such organization:
21		a. Obtains written consent from the Department of
22		Central Management Services;
23		b. Sells or dispenses the alcoholic liquors in a
24		manner that does not impair normal operations of State
25		offices located in the building;
26		c. Sells or dispenses alcoholic liquors only in

HB3595 Enrolled - 809 - LRB104 08153 BAB 18201 b
1		connection with an official activity in the building;
2		d. Provides, or its catering service provides, dram
3		shop liability insurance in maximum coverage limits and in
4		which the carrier agrees to defend, save harmless and
5		indemnify the State of Illinois from all financial loss,
6		damage or harm arising out of the selling or dispensing of
7		alcoholic liquors.
8		Nothing in this Act shall prevent a not-for-profit
9		organization or agency of the State from employing the
10		services of a catering establishment for the selling or
11		dispensing of alcoholic liquors at functions authorized by the
12		Department of Central Management Services.
13		Alcoholic liquors may be sold or delivered in a building
14		that is owned by McLean County, situated on land owned by the
15		county in the City of Bloomington, and used by the McLean
16		County Historical Society if the sale or delivery is approved
17		by an ordinance adopted by the county board, and the
18		municipality in which the building is located may not prohibit
19		that sale or delivery, notwithstanding any other provision of
20		this Section. The regulation of the sale and delivery of
21		alcoholic liquor in a building that is owned by McLean County,
22		situated on land owned by the county, and used by the McLean
23		County Historical Society as provided in this paragraph is an
24		exclusive power and function of the State and is a denial and
25		limitation under Article VII, Section 6, subsection (h) of the
26		Illinois Constitution of the power of a home rule municipality

HB3595 Enrolled - 810 - LRB104 08153 BAB 18201 b
1		to regulate that sale and delivery.
2		Alcoholic liquors may be sold or delivered in any building
3		situated on land held in trust for any school district
4		organized under Article 34 of the School Code, if the building
5		is not used for school purposes and if the sale or delivery is
6		approved by the board of education.
7		Alcoholic liquors may be delivered to and sold at retail
8		in any building owned by a public library district, provided
9		that the delivery and sale is approved by the board of trustees
10		of that public library district and is limited to library
11		fundraising events or programs of a cultural or educational
12		nature. Before the board of trustees of a public library
13		district may approve the delivery and sale of alcoholic
14		liquors, the board of trustees of the public library district
15		must have a written policy that has been approved by the board
16		of trustees of the public library district governing when and
17		under what circumstances alcoholic liquors may be delivered to
18		and sold at retail on property owned by that public library
19		district. The written policy must (i) provide that no
20		alcoholic liquor may be sold, distributed, or consumed in any
21		area of the library accessible to the general public during
22		the event or program, (ii) prohibit the removal of alcoholic
23		liquor from the venue during the event, and (iii) require that
24		steps be taken to prevent the sale or distribution of
25		alcoholic liquor to persons under the age of 21. Any public
26		library district that has alcoholic liquor delivered to or

HB3595 Enrolled - 811 - LRB104 08153 BAB 18201 b
1		sold at retail on property owned by the public library
2		district shall provide dram shop liability insurance in
3		maximum insurance coverage limits so as to save harmless the
4		public library districts from all financial loss, damage, or
5		harm.
6		Alcoholic liquors may be sold or delivered in buildings
7		owned by the Community Building Complex Committee of Boone
8		County, Illinois if the person or facility selling or
9		dispensing the alcoholic liquor has provided dram shop
10		liability insurance with coverage and in amounts that the
11		Committee reasonably determines are necessary.
12		Alcoholic liquors may be sold or delivered in the building
13		located at 1200 Centerville Avenue in Belleville, Illinois and
14		occupied by either the Belleville Area Special Education
15		District or the Belleville Area Special Services Cooperative.
16		Alcoholic liquors may be delivered to and sold at the
17		Louis Joliet Renaissance Center, City Center Campus, located
18		at 214 N. Ottawa Street, Joliet, and the Food
19		Services/Culinary Arts Department facilities, Main Campus,
20		located at 1215 Houbolt Road, Joliet, owned by or under the
21		control of Joliet Junior College, Illinois Community College
22		District No. 525.
23		Alcoholic liquors may be delivered to and sold at Triton
24		College, Illinois Community College District No. 504.
25		Alcoholic liquors may be delivered to and sold at the
26		College of DuPage, Illinois Community College District No.

HB3595 Enrolled - 812 - LRB104 08153 BAB 18201 b
1		502.
2		Alcoholic liquors may be delivered to and sold on any
3		property owned, operated, or controlled by Lewis and Clark
4		Community College, Illinois Community College District No.
5		536.
6		Alcoholic liquors may be delivered to and sold at the
7		building located at 446 East Hickory Avenue in Apple River,
8		Illinois, owned by the Apple River Fire Protection District,
9		and occupied by the Apple River Community Association if the
10		alcoholic liquor is sold or dispensed only in connection with
11		organized functions approved by the Apple River Community
12		Association for which the planned attendance is 20 or more
13		persons and if the person or facility selling or dispensing
14		the alcoholic liquor has provided dram shop liability
15		insurance in maximum limits so as to hold harmless the Apple
16		River Fire Protection District, the Village of Apple River,
17		and the Apple River Community Association from all financial
18		loss, damage, and harm.
19		Alcoholic liquors may be delivered to and sold at the
20		Sikia Restaurant, Kennedy King College Campus, located at 740
21		West 63rd Street, Chicago, and at the Food Services in the
22		Great Hall/Washburne Culinary Institute Department facility,
23		Kennedy King College Campus, located at 740 West 63rd Street,
24		Chicago, owned by or under the control of City Colleges of
25		Chicago, Illinois Community College District No. 508.
26		Alcoholic liquors may be delivered to and sold at the

HB3595 Enrolled - 813 - LRB104 08153 BAB 18201 b
1		building located at 305 West Grove St. in Poplar Grove,
2		Illinois that is owned and operated by North Boone Fire
3		District #3 if the alcoholic liquor is sold or dispensed only
4		in connection with organized functions approved by the North
5		Boone Fire District #3 for which the planned attendance is 20
6		or more persons and if the person or facility selling or
7		dispensing the alcoholic liquor has provided dram shop
8		liability insurance in maximum limits so as to hold harmless
9		North Boone County Fire District #3 from all financial loss,
10		damage, and harm.
11		(Source: P.A. 103-956, eff. 8-9-24; 103-971, eff. 8-9-24;
12		104-234, eff. 8-15-25; 104-417, eff. 8-15-25.)
13		Section 205. The Illinois Public Aid Code is amended by
14		changing Sections 5-19, 9-6, 9A-7, and 9A-11 as follows:
15		(305 ILCS 5/5-19)  (from Ch. 23, par. 5-19)
16		Sec. 5-19. Healthy Kids Program.
17		(a) Any child under the age of 21 eligible to receive
18		Medical Assistance from the Illinois Department under Article
19		V of this Code shall be eligible for Early and Periodic
20		Screening, Diagnosis and Treatment services provided by the
21		Healthy Kids Program of the Illinois Department under the
22		Social Security Act, 42 U.S.C. 1396d(r).
23		(b) Enrollment of Children in Medicaid. The Illinois
24		Department shall provide for receipt and initial processing of

HB3595 Enrolled - 814 - LRB104 08153 BAB 18201 b
1		applications for Medical Assistance for all pregnant women and
2		children under the age of 21 at locations in addition to those
3		used for processing applications for cash assistance,
4		including disproportionate share hospitals, federally
5		qualified health centers and other sites as selected by the
6		Illinois Department.
7		(c) Healthy Kids Examinations. The Illinois Department
8		shall consider any examination of a child eligible for the
9		Healthy Kids services provided by a medical provider meeting
10		the requirements and complying with the rules and regulations
11		of the Illinois Department to be reimbursed as a Healthy Kids
12		examination.
13		(d) Medical Screening Examinations.
14		(1) The Illinois Department shall insure Medicaid
15		coverage for periodic health, vision, hearing, and dental
16		screenings for children eligible for Healthy Kids services
17		scheduled from a child's birth up until the child turns 21
18		years. The Illinois Department shall pay for vision,
19		hearing, dental and health screening examinations for any
20		child eligible for Healthy Kids services by qualified
21		providers at intervals established by Department rules.
22		(2) The Illinois Department shall pay for an
23		interperiodic health, vision, hearing, or dental screening
24		examination for any child eligible for Healthy Kids
25		services whenever an examination is:
26		(A) requested by a child's parent, guardian, or

HB3595 Enrolled - 815 - LRB104 08153 BAB 18201 b
1		custodian, or is determined to be necessary or
2		appropriate by social services, developmental, health,
3		or educational personnel; or
4		(B) necessary for enrollment in school; or
5		(C) necessary for enrollment in a licensed early
6		care and education day care program, including Head
7		Start; or
8		(D) necessary for placement in a licensed child
9		welfare facility, including a foster home, group home,
10		or early care and education child care institution; or
11		(E) necessary for attendance at a camping program;
12		or
13		(F) necessary for participation in an organized
14		athletic program; or
15		(G) necessary for enrollment in an early childhood
16		education program recognized by the Illinois State
17		Board of Education; or
18		(H) necessary for participation in a Women,
19		Infant, and Children (WIC) program; or
20		(I) deemed appropriate by the Illinois Department.
21		(e) Minimum Screening Protocols For Periodic Health
22		Screening Examinations. Health Screening Examinations must
23		include the following services:
24		(1) Comprehensive Health and Development Assessment
25		including:
26		(A) Development/Mental Health/Psychosocial

HB3595 Enrolled - 816 - LRB104 08153 BAB 18201 b
1		Assessment; and
2		(B) Assessment of nutritional status including
3		tests for iron deficiency and anemia for children at
4		the following ages: 9 months, 2 years, 8 years, and 18
5		years;
6		(2) Comprehensive unclothed physical exam;
7		(3) Appropriate immunizations at a minimum, as
8		required by the Secretary of the U.S. Department of Health
9		and Human Services under 42 U.S.C. 1396d(r).
10		(4) Appropriate laboratory tests including blood lead
11		levels appropriate for age and risk factors.
12		(A) Anemia test.
13		(B) Sickle cell test.
14		(C) Tuberculin test at 12 months of age and every
15		1-2 years thereafter unless the treating health care
16		professional determines that testing is medically
17		contraindicated.
18		(D) Other -- The Illinois Department shall insure
19		that testing for HIV, drug exposure, and sexually
20		transmitted diseases is provided for as clinically
21		indicated.
22		(5) Health Education. The Illinois Department shall
23		require providers to provide anticipatory guidance as
24		recommended by the American Academy of Pediatrics.
25		(6) Vision Screening. The Illinois Department shall
26		require providers to provide vision screenings consistent

HB3595 Enrolled - 817 - LRB104 08153 BAB 18201 b
1		with those set forth in the Department of Public Health's
2		Administrative Rules.
3		(7) Hearing Screening. The Illinois Department shall
4		require providers to provide hearing screenings consistent
5		with those set forth in the Department of Public Health's
6		Administrative Rules.
7		(8) Dental Screening. The Illinois Department shall
8		require providers to provide dental screenings consistent
9		with those set forth in the Department of Public Health's
10		Administrative Rules.
11		(f) Covered Medical Services. The Illinois Department
12		shall provide coverage for all necessary health care,
13		diagnostic services, treatment and other measures to correct
14		or ameliorate defects, physical and mental illnesses, and
15		conditions whether discovered by the screening services or not
16		for all children eligible for Medical Assistance under Article
17		V of this Code.
18		(g) Notice of Healthy Kids Services.
19		(1) The Illinois Department shall inform any child
20		eligible for Healthy Kids services and the child's family
21		about the benefits provided under the Healthy Kids
22		Program, including, but not limited to, the following:
23		what services are available under Healthy Kids, including
24		discussion of the periodicity schedules and immunization
25		schedules, that services are provided at no cost to
26		eligible children, the benefits of preventive health care,

HB3595 Enrolled - 818 - LRB104 08153 BAB 18201 b
1		where the services are available, how to obtain them, and
2		that necessary transportation and scheduling assistance is
3		available.
4		(2) The Illinois Department shall widely disseminate
5		information regarding the availability of the Healthy Kids
6		Program throughout the State by outreach activities which
7		shall include, but not be limited to, (i) the development
8		of cooperation agreements with local school districts,
9		public health agencies, clinics, hospitals and other
10		health care providers, including developmental disability
11		and mental health providers, and with charities, to notify
12		the constituents of each of the Program and assist
13		individuals, as feasible, with applying for the Program,
14		(ii) using the media for public service announcements and
15		advertisements of the Program, and (iii) developing
16		posters advertising the Program for display in hospital
17		and clinic waiting rooms.
18		(3) The Illinois Department shall utilize accepted
19		methods for informing persons who are illiterate, blind,
20		deaf, or cannot understand the English language, including
21		but not limited to public services announcements and
22		advertisements in the foreign language media of radio,
23		television and newspapers.
24		(4) The Illinois Department shall provide notice of
25		the Healthy Kids Program to every child eligible for
26		Healthy Kids services and his or her family at the

HB3595 Enrolled - 819 - LRB104 08153 BAB 18201 b
1		following times:
2		(A) orally by the intake worker and in writing at
3		the time of application for Medical Assistance;
4		(B) at the time the applicant is informed that he
5		or she is eligible for Medical Assistance benefits;
6		and
7		(C) at least 20 days before the date of any
8		periodic health, vision, hearing, and dental
9		examination for any child eligible for Healthy Kids
10		services. Notice given under this subparagraph (C)
11		must state that a screening examination is due under
12		the periodicity schedules and must advise the eligible
13		child and his or her family that the Illinois
14		Department will provide assistance in scheduling an
15		appointment and arranging medical transportation.
16		(h) Data Collection. The Illinois Department shall collect
17		data in a usable form to track utilization of Healthy Kids
18		screening examinations by children eligible for Healthy Kids
19		services, including but not limited to data showing screening
20		examinations and immunizations received, a summary of
21		follow-up treatment received by children eligible for Healthy
22		Kids services and the number of children receiving dental,
23		hearing and vision services.
24		(i) On and after July 1, 2012, the Department shall reduce
25		any rate of reimbursement for services or other payments or
26		alter any methodologies authorized by this Code to reduce any

HB3595 Enrolled - 820 - LRB104 08153 BAB 18201 b
1		rate of reimbursement for services or other payments in
2		accordance with Section 5-5e.
3		(j) To ensure full access to the benefits set forth in this
4		Section, on and after January 1, 2022, the Illinois Department
5		shall ensure that provider and hospital reimbursements for
6		immunization as required under this Section are no lower than
7		70% of the median regional maximum administration fee for the
8		State of Illinois as established by the U.S. Department of
9		Health and Human Services' Centers for Medicare and Medicaid
10		Services.
11		(Source: P.A. 102-43, eff. 7-6-21.)
12		(305 ILCS 5/9-6)  (from Ch. 23, par. 9-6)
13		Sec. 9-6. Job Search, Training and Work Programs. The
14		Illinois Department and local governmental units shall
15		initiate, promote and develop job search, training and work
16		programs which will provide employment for and contribute to
17		the training and experience of persons receiving aid under
18		Articles III, V, and VI.
19		The job search, training and work programs shall be
20		designed to preserve and improve the work habits and skills of
21		recipients for whom jobs are not otherwise immediately
22		available and to provide training and experience for
23		recipients who lack the skills required for such employment
24		opportunities as are or may become available. The Illinois
25		Department and local governmental unit shall determine by rule

HB3595 Enrolled - 821 - LRB104 08153 BAB 18201 b
1		those classes of recipients who shall be subject to
2		participation in such programs. If made subject to
3		participation, every applicant for or recipient of public aid
4		who is determined to be "able to engage in employment", as
5		defined by the Department or local governmental unit pursuant
6		to rules and regulations, for whom unsubsidized jobs are not
7		otherwise immediately available shall be required to
8		participate in any program established under this Section.
9		The Illinois Department shall establish with the Director
10		of Central Management Services an outreach and training
11		program designed to encourage and assist recipients
12		participating in job search, training and work programs to
13		participate in open competitive examinations for trainee and
14		other entry level positions to maximize opportunities for
15		placement on open competitive eligible listings and referral
16		to State agencies for employment consideration.
17		The Department shall provide payment for transportation,
18		early care and education, day-care and Workers' Compensation
19		costs which occur for recipients as a result of participating
20		in job search, training and work programs as described in this
21		Section. The Department may decline to initiate such programs
22		in areas where eligible recipients would be so few in number as
23		to not economically justify such programs; and in this event
24		the Department shall not require persons in such areas to
25		participate in any job search, training, or work programs
26		whatsoever as a condition of their continued receipt of, or

HB3595 Enrolled - 822 - LRB104 08153 BAB 18201 b
1		application for, aid.
2		The programs may include, but shall not be limited to,
3		service in child care centers, in preschool programs as
4		teacher aides and in public health programs as home visitors
5		and health aides; the maintenance of or services required in
6		connection with public offices, buildings and grounds; state,
7		county and municipal hospitals, forest preserves, parks,
8		playgrounds, streets and highways, and other governmental
9		maintenance or construction directed toward environmental
10		improvement; and similar facilities.
11		The Illinois Department or local governmental units may
12		enter into agreements with local taxing bodies and private
13		not-for-profit organizations, agencies and institutions to
14		provide for the supervision and administration of job search,
15		work and training projects authorized by this Section. Such
16		agreements shall stipulate the requirements for utilization of
17		recipients in such projects. In addition to any other
18		requirements dealing with the administration of these
19		programs, the Department shall assure, pursuant to rules and
20		regulations, that:
21		(a) Recipients may not displace regular employees.
22		(b) The maximum number of hours of mandatory work is 8
23		hours per day and 40 hours per week, not to exceed 120
24		hours per month.
25		(c) The maximum number of hours per month shall be
26		determined by dividing the recipient's benefits by the

HB3595 Enrolled - 823 - LRB104 08153 BAB 18201 b
1		federal minimum wage, rounded to the lowest full hour.
2		"Recipient's benefits" in this subsection includes: (i)
3		both cash assistance and food stamps provided to the
4		entire assistance unit or household by the Illinois
5		Department where the job search, work and training program
6		is administered by the Illinois Department and, where
7		federal programs are involved, includes all such cash
8		assistance and food stamps provided to the greatest extent
9		allowed by federal law; or (ii) includes only cash
10		assistance provided to the entire assistance unit by the
11		local governmental unit where the job search, work and
12		training program is administered by the local governmental
13		unit.
14		(d) The recipient shall be provided or compensated for
15		transportation to and from the work location.
16		(e) Appropriate terms regarding recipient compensation
17		are met.
18		Local taxing bodies and private not-for-profit
19		organizations, agencies and institutions which utilize
20		recipients in job search, work and training projects
21		authorized by this Section are urged to include such
22		recipients in the formulation of their employment policies.
23		Unless directly paid by an employing local taxing body or
24		not-for-profit agency, a recipient participating in a work
25		project who meets all requirements set forth by the Illinois
26		Department shall receive credit towards his or her monthly

HB3595 Enrolled - 824 - LRB104 08153 BAB 18201 b
1		assistance benefits for work performed based upon the
2		applicable minimum wage rate. Where a recipient is paid
3		directly by an employing agency, the Illinois Department or
4		local governmental unit shall provide for payment to such
5		employing entity the appropriate amount of assistance benefits
6		to which the recipient would otherwise be entitled under this
7		Code.
8		The Illinois Department or its designee, including local
9		governmental units, may enter into agreements with the
10		agencies or institutions providing work under programs
11		established hereunder for payment to each such employer
12		(hereinafter called "public service employer") of all or a
13		portion of the wages to be paid to persons for the work
14		performed and other appropriate costs.
15		If the number of persons receiving aid under Article VI is
16		insufficient to justify the establishment of job search,
17		training and work programs on a local basis by a local
18		governmental unit, or if for other good cause the
19		establishment of a local program is impractical or
20		unwarranted, the local governmental unit shall cooperate with
21		other local governmental units, with civic and non-profit
22		community agencies, and with the Illinois Department in
23		developing a program or programs which will jointly serve the
24		participating governmental units and agencies.
25		A local governmental unit receiving State funds shall
26		refer all recipients able to engage in employment to such job

HB3595 Enrolled - 825 - LRB104 08153 BAB 18201 b
1		search, training and work programs as are established, whether
2		within or without the governmental unit, and as are accessible
3		to persons receiving aid from the governmental unit. The
4		Illinois Department shall withhold allocation of state funds
5		to any governmental unit which fails or refuses to make such
6		referrals.
7		Participants in job search, training and work programs
8		shall be required to maintain current registration for regular
9		employment under Section 11-10 and to accept any bona fide
10		offer of regular employment. They shall likewise be required
11		to accept education, work and training opportunities available
12		to them under other provisions of this Code or Federal law. The
13		Illinois Department or local governmental unit shall provide
14		by rule for periodic review of the circumstances of each
15		participant to determine the feasibility of his placement in
16		regular employment or other work, education and training
17		opportunities.
18		Moneys made available for public aid purposes under
19		Articles IV and VI may be expended to pay public service
20		employers all or a portion of the wages of public service
21		employees and other appropriate costs, to provide necessary
22		supervisory personnel and equipment, to purchase Workers'
23		Compensation Insurance or to pay Workers' Compensation claims,
24		and to provide transportation to and from work sites.
25		The Department shall provide through rules and regulations
26		for sanctions against applicants and recipients of aid under

HB3595 Enrolled - 826 - LRB104 08153 BAB 18201 b
1		this Code who fail to cooperate with the regulations and
2		requirements established pursuant to this Section. Such
3		sanctions may include the loss of eligibility to receive aid
4		under Article VI of this Code for up to 3 months.
5		The Department, in cooperation with a local governmental
6		unit, may maintain a roster of persons who are required to
7		participate in a local job search, training and work program.
8		In such cases, the roster shall be available for inspection by
9		employers for the selection of possible workers.
10		In addition to the programs authorized by this Section,
11		the Illinois Department is authorized to administer any job
12		search, training or work projects in conjunction with the
13		Federal Food Stamp Program, either under this Section or under
14		other regulations required by the Federal government.
15		The Illinois Department may also administer pilot programs
16		to provide job search, training and work programs to
17		unemployed parents of children receiving child support
18		enforcement services under Article X of this Code.
19		(Source: P.A. 92-111, eff. 1-1-02; 92-590, eff. 7-1-02.)
20		(305 ILCS 5/9A-7)  (from Ch. 23, par. 9A-7)
21		Sec. 9A-7. Good cause and pre-sanction process.
22		(a) The Department shall establish by rule what
23		constitutes good cause for failure to participate in
24		education, training and employment programs, failure to accept
25		suitable employment or terminating employment or reducing

HB3595 Enrolled - 827 - LRB104 08153 BAB 18201 b
1		earnings.
2		The Department shall establish, by rule, a pre-sanction
3		process to assist in resolving disputes over proposed
4		sanctions and in determining if good cause exists. Good cause
5		shall include, but not be limited to:
6		(1) temporary illness for its duration;
7		(2) court required appearance or temporary
8		incarceration;
9		(3) (blank);
10		(4) death in the family;
11		(5) (blank);
12		(6) (blank);
13		(7) (blank);
14		(8) (blank);
15		(9) extreme inclement weather;
16		(10) (blank);
17		(11) lack of any support service even though the
18		necessary service is not specifically provided under the
19		Department program, to the extent the lack of the needed
20		service presents a significant barrier to participation;
21		(12) if an individual is engaged in employment or
22		training or both that is consistent with the employment
23		related goals of the program, if such employment and
24		training is later approved by Department staff;
25		(13) (blank);
26		(14) failure of Department staff to correctly forward

HB3595 Enrolled - 828 - LRB104 08153 BAB 18201 b
1		the information to other Department staff;
2		(15) failure of the participant to cooperate because
3		of attendance at a test or a mandatory class or function at
4		an educational program (including college), when an
5		education or training program is officially approved by
6		the Department;
7		(16) failure of the participant due to his or her
8		illiteracy;
9		(17) failure of the participant because it is
10		determined that he or she should be in a different
11		activity;
12		(18) non-receipt by the participant of a notice
13		advising him or her of a participation requirement. If the
14		non-receipt of mail occurs frequently, the Department
15		shall explore an alternative means of providing notices of
16		participation requests to participants;
17		(19) (blank);
18		(20) non-comprehension of English, either written or
19		oral or both;
20		(21) (blank);
21		(22) (blank);
22		(23) child care (or early care and education day care
23		for an incapacitated individual living in the same home as
24		a dependent child) is necessary for the participation or
25		employment and such care is not available for a child
26		under age 13;

HB3595 Enrolled - 829 - LRB104 08153 BAB 18201 b
1		(24) failure to participate in an activity due to a
2		scheduled job interview, medical appointment for the
3		participant or a household member, or school appointment;
4		(25) if an individual or family is experiencing
5		homelessness; an individual or family is experiencing
6		homelessness if the individual or family: (i) lacks a
7		fixed, regular, and adequate nighttime residence, or
8		shares the housing of other persons due to the loss of
9		housing, economic hardship, or a similar reason; (ii) is
10		living in a motel, hotel, trailer park, or camping ground
11		due to the lack of alternative accommodations; (iii) is
12		living in an emergency or transitional shelter; (iv)
13		resides in a primary nighttime residence that is a public
14		or private place not designed for or ordinarily used as a
15		regular sleeping accommodation for human beings; or (v) is
16		living in a car, park, public space, abandoned building,
17		substandard housing, bus, train station, or similar
18		settings;
19		(26) circumstances beyond the control of the
20		participant which prevent the participant from completing
21		program requirements;
22		(27) (blank);
23		(28) if an individual or family receives an eviction
24		notice;
25		(29) if an individual's or family's utilities are
26		disconnected;

HB3595 Enrolled - 830 - LRB104 08153 BAB 18201 b
1		(30) if an individual or family receives an utility
2		disconnection notice; or
3		(31) if an individual is exiting a publicly funded
4		institution or system of care (such as a health-care
5		facility, a mental health facility, foster care or other
6		youth facility, or correction program or institution)
7		without an option to move to a fixed, adequate night time
8		residence.
9		(b) (Blank).
10		(c)(1) The Department shall establish a reconciliation
11		procedure to assist in resolving disputes related to any
12		aspect of participation, including exemptions, good cause,
13		sanctions or proposed sanctions, supportive services,
14		assessments, responsibility and service plans, assignment to
15		activities, suitability of employment, or refusals of offers
16		of employment. Through the reconciliation process the
17		Department shall have a mechanism to identify good cause,
18		ensure that the client is aware of the issue, and enable the
19		client to perform required activities without facing sanction.
20		(2) A participant may request reconciliation and receive
21		notice in writing of a meeting. At least one face-to-face
22		meeting may be scheduled to resolve misunderstandings or
23		disagreements related to program participation and situations
24		which may lead to a potential sanction. The meeting will
25		address the underlying reason for the dispute and plan a
26		resolution to enable the individual to participate in TANF

HB3595 Enrolled - 831 - LRB104 08153 BAB 18201 b
1		employment and work activity requirements.
2		(2.5) If the individual fails to appear at the
3		reconciliation meeting without good cause, the reconciliation
4		is unsuccessful and a sanction shall be imposed.
5		(3) The reconciliation process shall continue after it is
6		determined that the individual did not have good cause for
7		non-cooperation. Any necessary demonstration of cooperation on
8		the part of the participant will be part of the reconciliation
9		process. Failure to demonstrate cooperation will result in
10		immediate sanction.
11		(4) For the first instance of non-cooperation, if the
12		client reaches agreement to cooperate, the client shall be
13		allowed 30 days to demonstrate cooperation before any sanction
14		activity may be imposed. In any subsequent instances of
15		non-cooperation, the client shall be provided the opportunity
16		to show good cause or remedy the situation by immediately
17		complying with the requirement.
18		(5) The Department shall document in the case record the
19		proceedings of the reconciliation and provide the client in
20		writing with a reconciliation agreement.
21		(6) If reconciliation resolves the dispute, no sanction
22		shall be imposed. If the client fails to comply with the
23		reconciliation agreement, the Department shall then
24		immediately impose the original sanction. If the dispute
25		cannot be resolved during reconciliation, a sanction shall not
26		be imposed until the reconciliation process is complete.

HB3595 Enrolled - 832 - LRB104 08153 BAB 18201 b
1		(Source: P.A. 101-103, eff. 7-19-19.)
2		(305 ILCS 5/9A-11)  (from Ch. 23, par. 9A-11)
3		Sec. 9A-11. Child care.
4		(a) The General Assembly recognizes that families with
5		children need child care in order to work. Child care is
6		expensive and families with limited access to economic
7		resources, including those who are transitioning from welfare
8		to work, often struggle to pay the costs of early care and
9		education day care. The General Assembly understands the
10		importance of helping working families with limited access to
11		economic resources become and remain self-sufficient. The
12		General Assembly also believes that it is the responsibility
13		of families to share in the costs of child care. It is also the
14		preference of the General Assembly that all working families
15		with limited access to economic resources should be treated
16		equally, regardless of their welfare status.
17		(b) To the extent resources permit, the Illinois
18		Department shall provide early care and education child care
19		services to parents or other relatives as defined by rule who
20		are working or participating in employment or Department
21		approved education or training programs. At a minimum, the
22		Illinois Department shall cover the following categories of
23		families:
24		(1) recipients of TANF under Article IV participating
25		in work and training activities as specified in the

HB3595 Enrolled - 833 - LRB104 08153 BAB 18201 b
1		personal plan for employment and self-sufficiency;
2		(2) families transitioning from TANF to work;
3		(3) families at risk of becoming recipients of TANF;
4		(4) families with special needs as defined by rule;
5		(5) working families with very low incomes as defined
6		by rule;
7		(6) families that are not recipients of TANF and that
8		need early care and education child care assistance to
9		participate in education and training activities;
10		(7) youth in care, as defined in Section 4d of the
11		Children and Family Services Act, who are parents,
12		regardless of income or whether they are working or
13		participating in Department-approved employment or
14		education or training programs. Any family that receives
15		early care and education child care assistance in
16		accordance with this paragraph shall receive one
17		additional 12-month child care eligibility period after
18		the parenting youth in care's case with the Department of
19		Children and Family Services is closed, regardless of
20		income or whether the parenting youth in care is working
21		or participating in Department-approved employment or
22		education or training programs;
23		(8) families receiving Extended Family Support Program
24		services from the Department of Children and Family
25		Services, regardless of income or whether they are working
26		or participating in Department-approved employment or

HB3595 Enrolled - 834 - LRB104 08153 BAB 18201 b
1		education or training programs; and
2		(9) families with children under the age of 5 who have
3		an open intact family services case with the Department of
4		Children and Family Services. Any family that receives
5		early care and education child care assistance in
6		accordance with this paragraph shall remain eligible for
7		early care and education child care assistance 6 months
8		after the child's intact family services case is closed,
9		regardless of whether the child's parents or other
10		relatives as defined by rule are working or participating
11		in Department approved employment or education or training
12		programs. The Department of Early Childhood, in
13		consultation with the Department of Children and Family
14		Services, shall adopt rules to protect the privacy of
15		families who are the subject of an open intact family
16		services case when such families enroll in child care
17		services. Additional rules shall be adopted to offer
18		children who have an open intact family services case the
19		opportunity to receive an Early Intervention screening and
20		other services that their families may be eligible for as
21		provided by the Department of Human Services.
22		Beginning October 1, 2027, and every October 1 thereafter,
23		the Department of Children and Family Services shall report to
24		the General Assembly on the number of children who received
25		early care and education child care via vouchers paid for by
26		the Department of Early Childhood during the preceding fiscal

HB3595 Enrolled - 835 - LRB104 08153 BAB 18201 b
1		year. The report shall include the ages of children who
2		received early care and education child care, the type of
3		early care and education child care they received, and the
4		number of months they received early care and education child
5		care.
6		The Department shall specify by rule the conditions of
7		eligibility, the application process, and the types, amounts,
8		and duration of services. Eligibility for early care and
9		education child care benefits and the amount of early care and
10		education child care provided may vary based on family size,
11		income, and other factors as specified by rule.
12		The Department shall update the Child Care Assistance
13		Program Eligibility Calculator posted on its website to
14		include a question on whether a family is applying for child
15		care assistance for the first time or is applying for a
16		redetermination of eligibility.
17		A family's eligibility for early care and education child
18		care services shall be redetermined no sooner than 12 months
19		following the initial determination or most recent
20		redetermination. During the 12-month periods, the family shall
21		remain eligible for child care services regardless of (i) a
22		change in family income, unless family income exceeds 85% of
23		State median income, or (ii) a temporary change in the ongoing
24		status of the parents or other relatives, as defined by rule,
25		as working or attending a job training or educational program.
26		In determining income eligibility for early care and

HB3595 Enrolled - 836 - LRB104 08153 BAB 18201 b
1		education child care benefits, the Department annually, at the
2		beginning of each fiscal year, shall establish, by rule, one
3		income threshold for each family size, in relation to
4		percentage of State median income for a family of that size,
5		that makes families with incomes below the specified threshold
6		eligible for assistance and families with incomes above the
7		specified threshold ineligible for assistance. Through and
8		including fiscal year 2007, the specified threshold must be no
9		less than 50% of the then-current State median income for each
10		family size. Beginning in fiscal year 2008, the specified
11		threshold must be no less than 185% of the then-current
12		federal poverty level for each family size. Notwithstanding
13		any other provision of law or administrative rule to the
14		contrary, beginning in fiscal year 2019, the specified
15		threshold for working families with very low incomes as
16		defined by rule must be no less than 185% of the then-current
17		federal poverty level for each family size. Notwithstanding
18		any other provision of law or administrative rule to the
19		contrary, beginning in State fiscal year 2022 through State
20		fiscal year 2023, the specified income threshold shall be no
21		less than 200% of the then-current federal poverty level for
22		each family size. Beginning in State fiscal year 2024, the
23		specified income threshold shall be no less than 225% of the
24		then-current federal poverty level for each family size.
25		In determining eligibility for assistance, the Department
26		shall not give preference to any category of recipients or

HB3595 Enrolled - 837 - LRB104 08153 BAB 18201 b
1		give preference to individuals based on their receipt of
2		benefits under this Code.
3		Nothing in this Section shall be construed as conferring
4		entitlement status to eligible families.
5		The Illinois Department is authorized to lower income
6		eligibility ceilings, raise parent co-payments, create waiting
7		lists, or take such other actions during a fiscal year as are
8		necessary to ensure that early care and education child care
9		benefits paid under this Article do not exceed the amounts
10		appropriated for those child care benefits. These changes may
11		be accomplished by emergency rule under Section 5-45 of the
12		Illinois Administrative Procedure Act, except that the
13		limitation on the number of emergency rules that may be
14		adopted in a 24-month period shall not apply.
15		The Illinois Department may contract with other State
16		agencies or early care and education child care organizations
17		for the administration of early care and education child care
18		services.
19		(c) Payment shall be made for early care and education
20		child care that otherwise meets the requirements of this
21		Section and applicable standards of State and local law and
22		regulation, including any requirements the Illinois Department
23		promulgates by rule. Through June 30, 2026, the rules of this
24		Section include licensure requirements adopted by the
25		Department of Children and Family Services. On and after July
26		1, 2026, the rules of this Section include licensure

HB3595 Enrolled - 838 - LRB104 08153 BAB 18201 b
1		requirements adopted by the Department of Early Childhood. In
2		addition, the regulations of this Section include the Fire
3		Prevention and Safety requirements promulgated by the Office
4		of the State Fire Marshal, and is provided in any of the
5		following:
6		(1) a early care and education child care center which
7		is licensed or exempt from licensure pursuant to Section
8		2.09 of the Child Care Act of 1969;
9		(2) a licensed early care and education child care
10		home or home exempt from licensing;
11		(3) a licensed group early care and education child
12		care home;
13		(4) other types of early care and education child
14		care, including early care and education child care
15		provided by relatives or persons living in the same home
16		as the child, as determined by the Illinois Department by
17		rule.
18		(c-5) Solely for the purposes of coverage under the
19		Illinois Public Labor Relations Act, child and early care and
20		education day care home providers, including licensed and
21		license exempt, participating in the Department's child care
22		assistance program shall be considered to be public employees
23		and the State of Illinois shall be considered to be their
24		employer as of January 1, 2006 (the effective date of Public
25		Act 94-320), but not before. The State shall engage in
26		collective bargaining with an exclusive representative of

HB3595 Enrolled - 839 - LRB104 08153 BAB 18201 b
1		child and early care and education day care home providers
2		participating in the child care assistance program concerning
3		their terms and conditions of employment that are within the
4		State's control. Nothing in this subsection shall be
5		understood to limit the right of families receiving services
6		defined in this Section to select child and early care and
7		education day care home providers or supervise them within the
8		limits of this Section. The State shall not be considered to be
9		the employer of child and early care and education day care
10		home providers for any purposes not specifically provided in
11		Public Act 94-320, including, but not limited to, purposes of
12		vicarious liability in tort and purposes of statutory
13		retirement or health insurance benefits. Child and early care
14		and education day care home providers shall not be covered by
15		the State Employees Group Insurance Act of 1971.
16		In according child and early care and education day care
17		home providers and their selected representative rights under
18		the Illinois Public Labor Relations Act, the State intends
19		that the State action exemption to application of federal and
20		State antitrust laws be fully available to the extent that
21		their activities are authorized by Public Act 94-320.
22		(d) The Illinois Department shall establish, by rule, a
23		co-payment scale that provides for cost sharing by families
24		that receive early care and education child care services,
25		including parents whose only income is from assistance under
26		this Code. The co-payment shall be based on family income and

HB3595 Enrolled - 840 - LRB104 08153 BAB 18201 b
1		family size and may be based on other factors as appropriate.
2		Co-payments may be waived for families whose incomes are at or
3		below the federal poverty level.
4		(d-5) The Illinois Department, in consultation with its
5		Child Care and Development Advisory Council, shall develop a
6		plan to revise the child care assistance program's co-payment
7		scale. The plan shall be completed no later than February 1,
8		2008, and shall include:
9		(1) findings as to the percentage of income that the
10		average American family spends on child care and the
11		relative amounts that low-income families and the average
12		American family spend on other necessities of life;
13		(2) recommendations for revising the child care
14		co-payment scale to assure that families receiving child
15		care services from the Department are paying no more than
16		they can reasonably afford;
17		(3) recommendations for revising the child care
18		co-payment scale to provide at-risk children with complete
19		access to Preschool for All and Head Start; and
20		(4) recommendations for changes in child care program
21		policies that affect the affordability of child care.
22		(e) (Blank).
23		(f) The Illinois Department shall, by rule, set rates to
24		be paid for the various types of early care and education child
25		care. Early care and education Child care may be provided
26		through one of the following methods:

HB3595 Enrolled - 841 - LRB104 08153 BAB 18201 b
1		(1) arranging the early care and education child care
2		through eligible providers by use of purchase of service
3		contracts or vouchers;
4		(2) arranging with other agencies and community
5		volunteer groups for non-reimbursed early care and
6		education child care;
7		(3) (blank); or
8		(4) adopting such other arrangements as the Department
9		determines appropriate.
10		(f-1) Within 30 days after June 4, 2018 (the effective
11		date of Public Act 100-587), the Department of Human Services
12		shall establish rates for child care providers that are no
13		less than the rates in effect on January 1, 2018 increased by
14		4.26%.
15		(f-5) (Blank).
16		(g) Families eligible for assistance under this Section
17		shall be given the following options:
18		(1) receiving an early care and education a child care
19		certificate issued by the Department or a subcontractor of
20		the Department that may be used by the parents as payment
21		for child care and development services only; or
22		(2) if space is available, enrolling the child with a
23		child care provider that has a purchase of service
24		contract with the Department or a subcontractor of the
25		Department for the provision of early care and education
26		child care and development services. The Department may

HB3595 Enrolled - 842 - LRB104 08153 BAB 18201 b
1		identify particular priority populations for whom they may
2		request special consideration by a provider with purchase
3		of service contracts, provided that the providers shall be
4		permitted to maintain a balance of clients in terms of
5		household incomes and families and children with special
6		needs, as defined by rule.
7		(Source: P.A. 102-491, eff. 8-20-21; 102-813, eff. 5-13-22;
8		102-926, eff. 5-27-22; 103-8, eff. 6-7-23; 103-594, eff.
9		6-25-24.)
10		Section 210. The Department of Early Childhood Act is
11		amended by changing Section 1-10 and the heading of Article 20
12		and Sections 20-10, 20-15, 20-20, 20-25, and 20-35 as follows:
13		(325 ILCS 3/1-10)
14		Sec. 1-10. Purpose. It is the purpose of this Act to
15		provide for the creation of the Department of Early Childhood
16		and to transfer to it certain rights, powers, duties, and
17		functions currently exercised by various agencies of State
18		Government. The Department of Early Childhood shall be the
19		lead State agency for administering and providing early
20		childhood education and care programs and services to children
21		and families. This Act centralizes home-visiting services,
22		early intervention services, preschool services, child care
23		services, licensing for early care and education day care
24		centers, early care and education day care homes, and group

HB3595 Enrolled - 843 - LRB104 08153 BAB 18201 b
1		early care and education day care homes, and other early
2		childhood education and care programs and administrative
3		functions historically managed by the Illinois State Board of
4		Education, the Illinois Department of Human Services, and the
5		Illinois Department of Children and Family Services.
6		Centralizing early childhood functions into a single State
7		agency is intended to simplify the process for parents and
8		caregivers to identify and enroll children in early childhood
9		services, to create new, equity-driven statewide systems, to
10		streamline administrative functions for providers, and to
11		improve kindergarten readiness for children.
12		(Source: P.A. 103-594, eff. 6-25-24.)
13		(325 ILCS 3/Art. 20 heading)
14		ARTICLE 20. POWERS AND DUTIES RELATING TO EARLY CARE AND
15		EDUCATION      CHILD CARE AND DAY CARE LICENSING
16		(Source: P.A. 103-594, eff. 6-25-24.)
17		(325 ILCS 3/20-10)
18		Sec. 20-10. Early care and education Child care.
19		(a) The General Assembly recognizes that families with
20		children need child care in order to work. Child care is
21		expensive and families with limited access to economic
22		resources, including those who are transitioning from welfare
23		to work, often struggle to pay the costs of early care and
24		education day care. The General Assembly understands the

HB3595 Enrolled - 844 - LRB104 08153 BAB 18201 b
1		importance of helping working families with limited access to
2		economic resources become and remain self-sufficient. The
3		General Assembly also believes that it is the responsibility
4		of families to share in the costs of child care. It is also the
5		preference of the General Assembly that all working families
6		with limited access to economic resources should be treated
7		equally, regardless of their welfare status.
8		(b) On and after July 1, 2026, to the extent resources
9		permit, the Illinois Department of Early Childhood shall
10		provide early care and education child care services to
11		parents or other relatives as defined by rule who are working
12		or participating in employment or Department approved
13		education or training programs as prescribed in Section 9A-11
14		of the Illinois Public Aid Code.
15		(c) Smart Start Early Care and Education Child Care
16		Program. Through June 30, 2026, subject to appropriation, the
17		Department of Human Services shall establish and administer
18		the Smart Start Child Care Program. On and after July 1, 2026,
19		the Department of Early Childhood shall administer the Smart
20		Start Early Care and Education Child Care Program. The Smart
21		Start Early Care and Education Child Care Program shall focus
22		on creating affordable early care and education child care, as
23		well as increasing access to early care and education child
24		care, for Illinois residents and may include, but is not
25		limited to, providing funding to increase preschool
26		availability, providing funding for childcare workforce

HB3595 Enrolled - 845 - LRB104 08153 BAB 18201 b
1		compensation or capital investments, and expanding funding for
2		Early Childhood Access Consortium for Equity Scholarships. The
3		Department with authority to administer the Smart Start Early
4		Care and Education Child Care Program shall establish program
5		eligibility criteria, participation conditions, payment
6		levels, and other program requirements by rule. The Department
7		with authority to administer the Smart Start Early Care and
8		Education Child Care Program may consult with the Capital
9		Development Board, the Department of Commerce and Economic
10		Opportunity, the State Board of Education, and the Illinois
11		Housing Development Authority, and other state agencies as
12		determined by the Department in the management and
13		disbursement of funds for capital-related projects. The
14		Capital Development Board, the Department of Commerce and
15		Economic Opportunity, the State Board of Education, and the
16		Illinois Housing Development Authority, and other state
17		agencies as determined by the Department shall act in a
18		consulting role only for the evaluation of applicants, scoring
19		of applicants, or administration of the grant program.
20		(Source: P.A. 103-594, eff. 6-25-24.)
21		(325 ILCS 3/20-15)
22		Sec. 20-15. Early care and education Day care services.
23		(a) For the purpose of ensuring effective statewide
24		planning, development, and utilization of resources for the
25		early care and education day care of children, operated under

HB3595 Enrolled - 846 - LRB104 08153 BAB 18201 b
1		various auspices, the Department of Early Childhood is
2		designated on and after July 1, 2026 to coordinate all early
3		care and education day care activities for children of the
4		State and shall develop or continue, and shall update every
5		year, a State comprehensive early care and education day care
6		plan for submission to the Governor that identifies
7		high-priority areas and groups, relating them to available
8		resources and identifying the most effective approaches to the
9		use of existing early care and education day care services.
10		The State comprehensive early care and education day care plan
11		shall be made available to the General Assembly following the
12		Governor's approval of the plan.
13		The plan shall include methods and procedures for the
14		development of additional early care and education day care
15		resources for children to meet the goal of reducing short-run
16		and long-run dependency and to provide necessary enrichment
17		and stimulation to the education of young children.
18		Recommendations shall be made for State policy on optimum use
19		of private and public, local, State and federal resources,
20		including an estimate of the resources needed for the
21		licensing and regulation of early care and education day care
22		facilities.
23		A written report shall be submitted to the Governor and
24		the General Assembly annually on April 15. The report shall
25		include an evaluation of developments over the preceding
26		fiscal year, including cost-benefit analyses of various

HB3595 Enrolled - 847 - LRB104 08153 BAB 18201 b
1		arrangements. Beginning with the report in 1990 submitted by
2		the Department's predecessor agency and every 2 years
3		thereafter, the report shall also include the following:
4		(1) An assessment of the child care services, needs
5		and available resources throughout the State and an
6		assessment of the adequacy of existing early care and
7		education child care services, including, but not limited
8		to, services assisted under this Act and under any other
9		program administered by other State agencies.
10		(2) A survey of early care and education day care
11		facilities to determine the number of qualified
12		caregivers, as defined by rule, attracted to vacant
13		positions and any problems encountered by facilities in
14		attracting and retaining capable caregivers. The report
15		shall include an assessment, based on the survey, of
16		improvements in employee benefits that may attract capable
17		caregivers.
18		(3) The average wages and salaries and fringe benefit
19		packages paid to caregivers throughout the State, computed
20		on a regional basis, compared to similarly qualified
21		employees in other but related fields.
22		(4) The qualifications of new caregivers hired by at
23		licensed early care and education providers day care
24		facilities during the previous 2-year period.
25		(5) Recommendations for increasing caregiver wages and
26		salaries to ensure quality care for children.

HB3595 Enrolled - 848 - LRB104 08153 BAB 18201 b
1		(6) Evaluation of the fee structure and income
2		eligibility for early care and education child care
3		subsidized by the State.
4		(b) The Department of Early Childhood shall establish
5		policies and procedures for developing and implementing
6		interagency agreements with other agencies of the State
7		providing child care services or reimbursement for such
8		services. The plans shall be annually reviewed and modified
9		for the purpose of addressing issues of applicability and
10		service system barriers.
11		(c) In cooperation with other State agencies, the
12		Department of Early Childhood shall develop and implement, or
13		shall continue, a resource and referral system for the State
14		of Illinois either within the Department or by contract with
15		local or regional agencies. Funding for implementation of this
16		system may be provided through Department appropriations or
17		other interagency funding arrangements. The resource and
18		referral system shall provide at least the following services:
19		(1) Assembling and maintaining a database on the
20		supply of early care and education child care services.
21		(2) Providing information and referrals for parents.
22		(3) Coordinating the development of new early care and
23		education child care resources.
24		(4) Providing technical assistance and training to
25		early care and education child care service providers.
26		(5) Recording and analyzing the demand for early care

HB3595 Enrolled - 849 - LRB104 08153 BAB 18201 b
1		and education child care services.
2		(d) The Department of Early Childhood shall conduct early
3		care and education day care planning activities with the
4		following priorities:
5		(1) Development of voluntary early care and education
6		day care resources wherever possible, with the provision
7		for grants-in-aid only where demonstrated to be useful and
8		necessary as incentives or supports. The Department shall
9		design a plan to create more child care slots as well as
10		goals and timetables to improve quality and accessibility
11		of child care.
12		(2) Emphasis on service to children of recipients of
13		public assistance when such service will allow training or
14		employment of the parent toward achieving the goal of
15		independence.
16		(3) Care of children from families in stress and
17		crises whose members potentially may become, or are in
18		danger of becoming, non-productive and dependent.
19		(4) Expansion of family early care and education day
20		care facilities wherever possible.
21		(5) Location of centers in economically depressed
22		neighborhoods, preferably in multi-service centers with
23		cooperation of other agencies. The Department shall
24		coordinate the provision of grants, but only to the extent
25		funds are specifically appropriated for this purpose, to
26		encourage the creation and expansion of early care and

HB3595 Enrolled - 850 - LRB104 08153 BAB 18201 b
1		education child care centers in high need communities to
2		be issued by the State, business, and local governments.
3		(6) Use of existing facilities free of charge or for
4		reasonable rental whenever possible in lieu of
5		construction.
6		(7) Development of strategies for assuring a more
7		complete range of early care and education day care
8		options, including provision of early care and education
9		day care services in homes, in schools, or in centers,
10		which will enable parents to complete a course of
11		education or obtain or maintain employment and the
12		creation of more child care options for swing shift,
13		evening, and weekend workers and for working women with
14		sick children. The Department shall encourage companies to
15		provide early care and education child care in their own
16		offices or in the building in which the corporation is
17		located so that employees of all the building's tenants
18		can benefit from the facility.
19		(8) Development of strategies for subsidizing students
20		pursuing degrees in the early care and education child
21		care field.
22		(9) Continuation and expansion of service programs
23		that assist teen parents to continue and complete their
24		education.
25		Emphasis shall be given to support services that will help
26		to ensure such parents' graduation from high school and to

HB3595 Enrolled - 851 - LRB104 08153 BAB 18201 b
1		services for participants in any programs of job training
2		conducted by the Department.
3		(e) The Department of Early Childhood shall actively
4		stimulate the development of public and private resources at
5		the local level. It shall also seek the fullest utilization of
6		federal funds directly or indirectly available to the
7		Department. Where appropriate, existing non-governmental
8		agencies or associations shall be involved in planning by the
9		Department.
10		(Source: P.A. 103-594, eff. 6-25-24.)
11		(325 ILCS 3/20-20)
12		Sec. 20-20. Early care and education providers Day care
13		facilities for the children of migrant workers. On and after
14		July 1, 2026, the Department of Early Childhood shall operate
15		as an early care and education provider day care facilities
16		for the children of migrant workers in areas of the State where
17		they are needed. The Department of Early Childhood may provide
18		these early care and education day care services by
19		contracting with private centers if practicable. "Migrant
20		worker" means any person who moves seasonally from one place
21		to another, within or without the State, for the purpose of
22		employment in agricultural activities.
23		(Source: P.A. 103-594, eff. 6-25-24.)
24		(325 ILCS 3/20-25)

HB3595 Enrolled - 852 - LRB104 08153 BAB 18201 b
1		Sec. 20-25. Licensing early care and education day care
2		facilities.
3		(a) Beginning July 1, 2024, the Department of Early
4		Childhood and the Department of Children and Family Services
5		shall collaborate and plan for the transition of
6		administrative responsibilities related to licensing early
7		care and education day care centers, early care and education
8		day care homes, and group early care and education day care
9		homes as prescribed throughout the Child Care Act of 1969.
10		(b) Beginning July 1, 2026, the Department of Early
11		Childhood shall manage all facets of licensing for early care
12		and education day care centers, early care and education day
13		care homes, and group early care and education day care homes
14		as prescribed throughout the Child Care Act of 1969.
15		(Source: P.A. 103-594, eff. 6-25-24.)
16		(325 ILCS 3/20-35)
17		Sec. 20-35. Great START program.
18		(a) Through June 30, 2026, the Department of Human
19		Services shall, subject to a specific appropriation for this
20		purpose, operate a Great START (Strategy To Attract and Retain
21		Teachers) program. The goal of the program is to improve
22		children's developmental and educational outcomes in child
23		care by encouraging increased professional preparation by
24		staff and staff retention. The Great START program shall
25		coordinate with the TEACH professional development program.

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1		The program shall provide wage supplements and may include
2		other incentives to licensed child care center personnel,
3		including early childhood teachers, school-age workers, early
4		childhood assistants, school-age assistants, and directors, as
5		such positions are defined by administrative rule of the
6		Department of Children and Family Services. The program shall
7		provide wage supplements and may include other incentives to
8		licensed family early care and education day care home
9		personnel and licensed group early care and education day care
10		home personnel, including caregivers and assistants as such
11		positions are defined by administrative rule of the Department
12		of Children and Family Services. Individuals will receive
13		supplements commensurate with their qualifications.
14		(b) On and after July 1, 2026, the Department of Early
15		Childhood shall, subject to a specific appropriation for this
16		purpose, operate a Great START program. The goal of the
17		program is to improve children's developmental and educational
18		outcomes in early care and education child care by encouraging
19		increased professional preparation by staff and staff
20		retention. The Great START program shall coordinate with the
21		TEACH professional development program.
22		The program shall provide wage supplements and may include
23		other incentives to licensed child care center personnel,
24		including early childhood teachers, school-age workers, early
25		childhood assistants, school-age assistants, and directors, as
26		such positions are defined by administrative rule by the

HB3595 Enrolled - 854 - LRB104 08153 BAB 18201 b
1		Department pursuant to subsection subsections (a) and this
2		subsection.
3		(c) The Department, pursuant to subsections (a) and (b),
4		shall, by rule, define the scope and operation of the program,
5		including a wage supplement scale. The scale shall pay
6		increasing amounts for higher levels of educational attainment
7		beyond minimum qualifications and shall recognize longevity of
8		employment. Subject to the availability of sufficient
9		appropriation, the wage supplements shall be paid to child
10		care personnel in the form of bonuses at 6-month intervals.
11		Six months of continuous service with a single employer is
12		required to be eligible to receive a wage supplement bonus.
13		Wage supplements shall be paid directly to individual early
14		care and education day care personnel, not to their employers.
15		Eligible individuals must provide to the Department or its
16		agent all information and documentation, including but not
17		limited to college transcripts, to demonstrate their
18		qualifications for a particular wage supplement level.
19		If appropriations permit, the Department may include
20		one-time signing bonuses or other incentives to help providers
21		attract staff, provided that the signing bonuses are less than
22		the supplement staff would have received if they had remained
23		employed with another early care and education day care center
24		or family early care and education day care home.
25		If appropriations permit, the Department may include
26		one-time longevity bonuses or other incentives to recognize

HB3595 Enrolled - 855 - LRB104 08153 BAB 18201 b
1		staff who have remained with a single employer.
2		(Source: P.A. 103-594, eff. 6-25-24.)
3		Section 215. The Abused and Neglected Child Reporting Act
4		is amended by changing Sections 2, 4, 7.8, 8.2, and 11.1 as
5		follows:
6		(325 ILCS 5/2)  (from Ch. 23, par. 2052)
7		Sec. 2. (a) The Illinois Department of Children and Family
8		Services shall, upon receiving reports made under this Act,
9		protect the health, safety, and best interests of the child in
10		all situations in which the child is vulnerable to child abuse
11		or neglect, offer protective services in order to prevent any
12		further harm to the child and to other children in the same
13		environment or family, stabilize the home environment, and
14		preserve family life whenever possible. Recognizing that
15		children also can be abused and neglected while living in
16		public or private residential agencies or institutions meant
17		to serve them, while attending early care and education day
18		care centers, schools, or religious activities, or when in
19		contact with adults who are responsible for the welfare of the
20		child at that time, this Act also provides for the reporting
21		and investigation of child abuse and neglect in such
22		instances. In performing any of these duties, the Department
23		may utilize such protective services of voluntary agencies as
24		are available.

HB3595 Enrolled - 856 - LRB104 08153 BAB 18201 b
1		(b) The Department shall be responsible for receiving and
2		investigating reports of adult resident abuse or neglect under
3		the provisions of this Act.
4		(Source: P.A. 96-1446, eff. 8-20-10.)
5		(325 ILCS 5/4)
6		Sec. 4. Persons required to report; privileged
7		communications; transmitting false report.
8		(a) The following persons are required to immediately
9		report to the Department when they have reasonable cause to
10		believe that a child known to them in their professional or
11		official capacities may be an abused child or a neglected
12		child:
13		(1) Medical personnel, including any: physician
14		licensed to practice medicine in any of its branches
15		(medical doctor or doctor of osteopathy); resident;
16		intern; medical administrator or personnel engaged in the
17		examination, care, and treatment of persons; psychiatrist;
18		surgeon; dentist; dental hygienist; chiropractic
19		physician; podiatric physician; physician assistant;
20		emergency medical technician; physical therapist; physical
21		therapy assistant; occupational therapist; occupational
22		therapy assistant; acupuncturist; registered nurse;
23		licensed practical nurse; advanced practice registered
24		nurse; genetic counselor; respiratory care practitioner;
25		home health aide; or certified nursing assistant.

HB3595 Enrolled - 857 - LRB104 08153 BAB 18201 b
1		(2) Social services and mental health personnel,
2		including any: licensed professional counselor; licensed
3		clinical professional counselor; licensed social worker;
4		licensed clinical social worker; licensed psychologist or
5		assistant working under the direct supervision of a
6		psychologist; associate licensed marriage and family
7		therapist; licensed marriage and family therapist; field
8		personnel of the Departments of Healthcare and Family
9		Services, Public Health, Human Services, Human Rights, or
10		Children and Family Services; supervisor or administrator
11		of the General Assistance program established under
12		Article VI of the Illinois Public Aid Code; social
13		services administrator; or substance abuse treatment
14		personnel.
15		(3) Crisis intervention personnel, including any:
16		crisis line or hotline personnel; or domestic violence
17		program personnel.
18		(4) Education personnel, including any: school
19		personnel (including administrators and certified and
20		non-certified school employees); personnel of institutions
21		of higher education; educational advocate assigned to a
22		child in accordance with the School Code; member of a
23		school board or the Chicago Board of Education or the
24		governing body of a private school (but only to the extent
25		required under subsection (d)); or truant officer.
26		(5) Recreation or athletic program or facility

HB3595 Enrolled - 858 - LRB104 08153 BAB 18201 b
1		personnel; or an athletic trainer.
2		(6) Child care personnel, including any: early
3		intervention provider as defined in the Early Intervention
4		Services System Act; director or staff assistant of a
5		nursery school or an early care and education a child day
6		care center; or foster parent, homemaker, or child care
7		worker.
8		(7) Law enforcement personnel, including any: law
9		enforcement officer; field personnel of the Department of
10		Juvenile Justice; field personnel of the Department of
11		Corrections; probation officer; or animal control officer
12		or field investigator of the Department of Agriculture's
13		Bureau of Animal Health and Welfare.
14		(8) Any funeral home director; funeral home director
15		and embalmer; funeral home employee; coroner; or medical
16		examiner.
17		(9) Any member of the clergy.
18		(10) Any physician, physician assistant, registered
19		nurse, licensed practical nurse, medical technician,
20		certified nursing assistant, licensed social worker,
21		licensed clinical social worker, or licensed professional
22		counselor of any office, clinic, licensed behavior
23		analyst, licensed assistant behavior analyst, or any other
24		physical location that provides abortions, abortion
25		referrals, or contraceptives.
26		(b) When 2 or more persons who work within the same

HB3595 Enrolled - 859 - LRB104 08153 BAB 18201 b
1		workplace and are required to report under this Act share a
2		reasonable cause to believe that a child may be an abused or
3		neglected child, one of those reporters may be designated to
4		make a single report. The report shall include the names and
5		contact information for the other mandated reporters sharing
6		the reasonable cause to believe that a child may be an abused
7		or neglected child. The designated reporter must provide
8		written confirmation of the report to those mandated reporters
9		within 48 hours. If confirmation is not provided, those
10		mandated reporters are individually responsible for
11		immediately ensuring a report is made. Nothing in this Section
12		precludes or may be used to preclude any person from reporting
13		child abuse or child neglect.
14		(c)(1) As used in this Section, "a child known to them in
15		their professional or official capacities" means:
16		(A) the mandated reporter comes into contact with the
17		child in the course of the reporter's employment or
18		practice of a profession, or through a regularly scheduled
19		program, activity, or service;
20		(B) the mandated reporter is affiliated with an
21		agency, institution, organization, school, school
22		district, regularly established church or religious
23		organization, or other entity that is directly responsible
24		for the care, supervision, guidance, or training of the
25		child; or
26		(C) a person makes a specific disclosure to the

HB3595 Enrolled - 860 - LRB104 08153 BAB 18201 b
1		mandated reporter that an identifiable child is the victim
2		of child abuse or child neglect, and the disclosure
3		happens while the mandated reporter is engaged in the
4		reporter's employment or practice of a profession, or in a
5		regularly scheduled program, activity, or service.
6		(2) Nothing in this Section requires a child to come
7		before the mandated reporter in order for the reporter to make
8		a report of suspected child abuse or child neglect.
9		(d) If an allegation is raised to a school board member
10		during the course of an open or closed school board meeting
11		that a child who is enrolled in the school district of which
12		the person is a board member is an abused child as defined in
13		Section 3 of this Act, the member shall direct or cause the
14		school board to direct the superintendent of the school
15		district or other equivalent school administrator to comply
16		with the requirements of this Act concerning the reporting of
17		child abuse. For purposes of this paragraph, a school board
18		member is granted the authority in that board member's
19		individual capacity to direct the superintendent of the school
20		district or other equivalent school administrator to comply
21		with the requirements of this Act concerning the reporting of
22		child abuse.
23		Notwithstanding any other provision of this Act, if an
24		employee of a school district has made a report or caused a
25		report to be made to the Department under this Act involving
26		the conduct of a current or former employee of the school

HB3595 Enrolled - 861 - LRB104 08153 BAB 18201 b
1		district and a request is made by another school district for
2		the provision of information concerning the job performance or
3		qualifications of the current or former employee because the
4		current or former employee is an applicant for employment with
5		the requesting school district, the general superintendent of
6		the school district to which the request is being made must
7		disclose to the requesting school district the fact that an
8		employee of the school district has made a report involving
9		the conduct of the applicant or caused a report to be made to
10		the Department, as required under this Act. Only the fact that
11		an employee of the school district has made a report involving
12		the conduct of the applicant or caused a report to be made to
13		the Department may be disclosed by the general superintendent
14		of the school district to which the request for information
15		concerning the applicant is made, and this fact may be
16		disclosed only in cases where the employee and the general
17		superintendent have not been informed by the Department that
18		the allegations were unfounded. An employee of a school
19		district who is or has been the subject of a report made
20		pursuant to this Act during the employee's employment with the
21		school district must be informed by that school district that
22		if the employee applies for employment with another school
23		district, the general superintendent of the former school
24		district, upon the request of the school district to which the
25		employee applies, shall notify that requesting school district
26		that the employee is or was the subject of such a report.

HB3595 Enrolled - 862 - LRB104 08153 BAB 18201 b
1		(e) Whenever such person is required to report under this
2		Act in the person's capacity as a member of the staff of a
3		medical or other public or private institution, school,
4		facility or agency, or as a member of the clergy, the person
5		shall make report immediately to the Department in accordance
6		with the provisions of this Act and may also notify the person
7		in charge of such institution, school, facility or agency, or
8		church, synagogue, temple, mosque, or other religious
9		institution, or designated agent of the person in charge that
10		such report has been made. Under no circumstances shall any
11		person in charge of such institution, school, facility or
12		agency, or church, synagogue, temple, mosque, or other
13		religious institution, or designated agent of the person in
14		charge to whom such notification has been made, exercise any
15		control, restraint, modification or other change in the report
16		or the forwarding of such report to the Department.
17		(f) In addition to the persons required to report
18		suspected cases of child abuse or child neglect under this
19		Section, any other person may make a report if such person has
20		reasonable cause to believe a child may be an abused child or a
21		neglected child.
22		(g) The privileged quality of communication between any
23		professional person required to report and the professional
24		person's patient or client shall not apply to situations
25		involving abused or neglected children and shall not
26		constitute grounds for failure to report as required by this

HB3595 Enrolled - 863 - LRB104 08153 BAB 18201 b
1		Act or constitute grounds for failure to share information or
2		documents with the Department during the course of a child
3		abuse or neglect investigation. If requested by the
4		professional, the Department shall confirm in writing that the
5		information or documents disclosed by the professional were
6		gathered in the course of a child abuse or neglect
7		investigation.
8		The reporting requirements of this Act shall not apply to
9		the contents of a privileged communication between an attorney
10		and the attorney's client or to confidential information
11		within the meaning of Rule 1.6 of the Illinois Rules of
12		Professional Conduct relating to the legal representation of
13		an individual client.
14		A member of the clergy may claim the privilege under
15		Section 8-803 of the Code of Civil Procedure.
16		(h) Any office, clinic, or any other physical location
17		that provides abortions, abortion referrals, or contraceptives
18		shall provide to all office personnel copies of written
19		information and training materials about abuse and neglect and
20		the requirements of this Act that are provided to employees of
21		the office, clinic, or physical location who are required to
22		make reports to the Department under this Act, and instruct
23		such office personnel to bring to the attention of an employee
24		of the office, clinic, or physical location who is required to
25		make reports to the Department under this Act any reasonable
26		suspicion that a child known to office personnel in their

HB3595 Enrolled - 864 - LRB104 08153 BAB 18201 b
1		professional or official capacity may be an abused child or a
2		neglected child.
3		(i) Any person who enters into employment on and after
4		July 1, 1986 and is mandated by virtue of that employment to
5		report under this Act, shall sign a statement on a form
6		prescribed by the Department, to the effect that the employee
7		has knowledge and understanding of the reporting requirements
8		of this Act. On and after January 1, 2019, the statement shall
9		also include information about available mandated reporter
10		training provided by the Department. The statement shall be
11		signed prior to commencement of the employment. The signed
12		statement shall be retained by the employer. The cost of
13		printing, distribution, and filing of the statement shall be
14		borne by the employer.
15		(j) Persons required to report child abuse or child
16		neglect as provided under this Section must complete an
17		initial mandated reporter training, including a section on
18		implicit bias, within 3 months of their date of engagement in a
19		professional or official capacity as a mandated reporter, or
20		within the time frame of any other applicable State law that
21		governs training requirements for a specific profession, and
22		at least every 3 years thereafter. The initial requirement
23		only applies to the first time they engage in their
24		professional or official capacity. In lieu of training every 3
25		years, medical personnel, as listed in paragraph (1) of
26		subsection (a), must meet the requirements described in

HB3595 Enrolled - 865 - LRB104 08153 BAB 18201 b
1		subsection (k).
2		The mandated reporter trainings shall be in-person or
3		web-based, and shall include, at a minimum, information on the
4		following topics: (i) indicators for recognizing child abuse
5		and child neglect, as defined under this Act; (ii) the process
6		for reporting suspected child abuse and child neglect in
7		Illinois as required by this Act and the required
8		documentation; (iii) responding to a child in a
9		trauma-informed manner; and (iv) understanding the response of
10		child protective services and the role of the reporter after a
11		call has been made. Child-serving organizations are encouraged
12		to provide in-person annual trainings.
13		The implicit bias section shall be in-person or web-based,
14		and shall include, at a minimum, information on the following
15		topics: (i) implicit bias and (ii) racial and ethnic
16		sensitivity. As used in this subsection, "implicit bias" means
17		the attitudes or internalized stereotypes that affect people's
18		perceptions, actions, and decisions in an unconscious manner
19		and that exist and often contribute to unequal treatment of
20		people based on race, ethnicity, gender identity, sexual
21		orientation, age, disability, and other characteristics. The
22		implicit bias section shall provide tools to adjust automatic
23		patterns of thinking and ultimately eliminate discriminatory
24		behaviors. During these trainings mandated reporters shall
25		complete the following: (1) a pretest to assess baseline
26		implicit bias levels; (2) an implicit bias training task; and

HB3595 Enrolled - 866 - LRB104 08153 BAB 18201 b
1		(3) a posttest to reevaluate bias levels after training. The
2		implicit bias curriculum for mandated reporters shall be
3		developed within one year after January 1, 2022 (the effective
4		date of Public Act 102-604) and shall be created in
5		consultation with organizations demonstrating expertise and or
6		experience in the areas of implicit bias, youth and adolescent
7		developmental issues, prevention of child abuse, exploitation,
8		and neglect, culturally diverse family systems, and the child
9		welfare system.
10		The mandated reporter training, including a section on
11		implicit bias, shall be provided through the Department,
12		through an entity authorized to provide continuing education
13		for professionals licensed through the Department of Financial
14		and Professional Regulation, the State Board of Education, the
15		Illinois Law Enforcement Training Standards Board, or the
16		Illinois State Police, or through an organization approved by
17		the Department to provide mandated reporter training,
18		including a section on implicit bias. The Department must make
19		available a free web-based training for reporters.
20		Each mandated reporter shall report to the mandated
21		reporter's employer and, when applicable, to the mandated
22		reporter's licensing or certification board that the mandated
23		reporter received the mandated reporter training. The mandated
24		reporter shall maintain records of completion.
25		Beginning January 1, 2021, if a mandated reporter receives
26		licensure from the Department of Financial and Professional

HB3595 Enrolled - 867 - LRB104 08153 BAB 18201 b
1		Regulation or the State Board of Education, and the mandated
2		reporter's profession has continuing education requirements,
3		the training mandated under this Section shall count toward
4		meeting the licensee's required continuing education hours.
5		(k)(1) Medical personnel, as listed in paragraph (1) of
6		subsection (a), who work with children in their professional
7		or official capacity, must complete mandated reporter training
8		at least every 6 years. Such medical personnel, if licensed,
9		must attest at each time of licensure renewal on their renewal
10		form that they understand they are a mandated reporter of
11		child abuse and neglect, that they are aware of the process for
12		making a report, that they know how to respond to a child in a
13		trauma-informed manner, and that they are aware of the role of
14		child protective services and the role of a reporter after a
15		call has been made.
16		(2) In lieu of repeated training, medical personnel, as
17		listed in paragraph (1) of subsection (a), who do not work with
18		children in their professional or official capacity, may
19		instead attest each time at licensure renewal on their renewal
20		form that they understand they are a mandated reporter of
21		child abuse and neglect, that they are aware of the process for
22		making a report, that they know how to respond to a child in a
23		trauma-informed manner, and that they are aware of the role of
24		child protective services and the role of a reporter after a
25		call has been made. Nothing in this paragraph precludes
26		medical personnel from completing mandated reporter training

HB3595 Enrolled - 868 - LRB104 08153 BAB 18201 b
1		and receiving continuing education credits for that training.
2		(l) The Department shall provide copies of this Act, upon
3		request, to all employers employing persons who shall be
4		required under the provisions of this Section to report under
5		this Act.
6		(m) Any person who knowingly transmits a false report to
7		the Department commits the offense of disorderly conduct under
8		subsection (a)(7) of Section 26-1 of the Criminal Code of
9		2012. A violation of this provision is a Class 4 felony.
10		Any person who knowingly and willfully violates any
11		provision of this Section other than a second or subsequent
12		violation of transmitting a false report as described in the
13		preceding paragraph, is guilty of a Class A misdemeanor for a
14		first violation and a Class 4 felony for a second or subsequent
15		violation; except that if the person acted as part of a plan or
16		scheme having as its object the prevention of discovery of an
17		abused or neglected child by lawful authorities for the
18		purpose of protecting or insulating any person or entity from
19		arrest or prosecution, the person is guilty of a Class 4 felony
20		for a first offense and a Class 3 felony for a second or
21		subsequent offense (regardless of whether the second or
22		subsequent offense involves any of the same facts or persons
23		as the first or other prior offense).
24		(n) A child whose parent, guardian or custodian in good
25		faith selects and depends upon spiritual means through prayer
26		alone for the treatment or cure of disease or remedial care may

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1		be considered neglected or abused, but not for the sole reason
2		that the child's parent, guardian or custodian accepts and
3		practices such beliefs.
4		(o) A child shall not be considered neglected or abused
5		solely because the child is not attending school in accordance
6		with the requirements of Article 26 of the School Code, as
7		amended.
8		(p) Nothing in this Act prohibits a mandated reporter who
9		reasonably believes that an animal is being abused or
10		neglected in violation of the Humane Care for Animals Act from
11		reporting animal abuse or neglect to the Department of
12		Agriculture's Bureau of Animal Health and Welfare.
13		(q) A home rule unit may not regulate the reporting of
14		child abuse or neglect in a manner inconsistent with the
15		provisions of this Section. This Section is a limitation under
16		subsection (i) of Section 6 of Article VII of the Illinois
17		Constitution on the concurrent exercise by home rule units of
18		powers and functions exercised by the State.
19		(r) For purposes of this Section "child abuse or neglect"
20		includes abuse or neglect of an adult resident as defined in
21		this Act.
22		(Source: P.A. 102-604, eff. 1-1-22; 102-861, eff. 1-1-23;
23		102-953, eff. 5-27-22; 103-22, eff. 8-8-23; 103-154, eff.
24		6-30-23.)
25		(325 ILCS 5/7.8)

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1		Sec. 7.8. Upon receiving an oral or written report of
2		suspected child abuse or neglect, the Department shall
3		immediately notify, either orally or electronically, the Child
4		Protective Service Unit of a previous report concerning a
5		subject of the present report or other pertinent information.
6		In addition, upon satisfactory identification procedures, to
7		be established by Department regulation, any person authorized
8		to have access to records under Section 11.1 relating to child
9		abuse and neglect may request and shall be immediately
10		provided the information requested in accordance with this
11		Act. However, no information shall be released unless it
12		prominently states the report is "indicated", and only
13		information from "indicated" reports shall be released, except
14		that:
15		(1) Information concerning pending reports may be
16		released pursuant to Sections 7.14 and 7.22 of this Act to
17		the attorney or guardian ad litem appointed under Section
18		2-17 of the Juvenile Court Act of 1987 and to any person
19		authorized under paragraphs (1), (2), (3), and (11), and
20		(21) of subsection (a) of Section 11.1.
21		(2) State's Attorneys are authorized to receive
22		unfounded reports:
23		(A) for prosecution purposes related to the
24		transmission of false reports of child abuse or
25		neglect in violation of subsection (a), paragraph (7)
26		of Section 26-1 of the Criminal Code of 2012; or

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1		(B) for the purposes of screening and prosecuting
2		a petition filed under Article II of the Juvenile
3		Court Act of 1987 alleging abuse or neglect relating
4		to the same child, a sibling of the child, the same
5		perpetrator, or a child or perpetrator in the same
6		household as the child for whom the petition is being
7		filed.
8		(3) The parties to the proceedings filed under Article
9		II of the Juvenile Court Act of 1987 are entitled to
10		receive copies of unfounded reports regarding the same
11		child, a sibling of the child, the same perpetrator, or a
12		child or perpetrator in the same household as the child
13		for purposes of hearings under Sections 2-10 and 2-21 of
14		the Juvenile Court Act of 1987.
15		(4) Attorneys and guardians ad litem appointed under
16		Article II of the Juvenile Court Act of 1987 shall receive
17		the reports set forth in Section 7.14 of this Act in
18		conformance with paragraph (19) of subsection (a) of
19		Section 11.1 and Section 7.14 of this Act.
20		(5) The Department of Public Health shall receive
21		information from unfounded reports involving children
22		alleged to have been abused or neglected while
23		hospitalized, including while hospitalized in freestanding
24		psychiatric hospitals licensed by the Department of Public
25		Health, as necessary for the Department of Public Health
26		to conduct its licensing investigation.

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1		(6) The Department is authorized and required to
2		release information from unfounded reports, upon request
3		by a person who has access to the unfounded report as
4		provided in this Act, as necessary in its determination to
5		protect children and adult residents who are in child care
6		facilities licensed by the Department under the Child Care
7		Act of 1969. The names and other identifying data and the
8		dates and the circumstances of any persons requesting or
9		receiving information from the central register shall be
10		entered in the register record.
11		(7) The Department of Early Childhood is authorized to
12		receive unfounded reports and related information
13		concerning any individual who is providing early care and
14		education services in the State of Illinois, whether
15		licensed or unlicensed, and any individual who has applied
16		for a license to provide early care and education services
17		in the State of Illinois. Pursuant to this subsection, the
18		Department of Early Childhood is authorized to receive
19		unfounded reports and related information concerning: (i)
20		any individual who is operating an early care and
21		education center, an early care and education home, or a
22		group day care home in Illinois; (ii) any individual who
23		has applied for a license to operate an early care and
24		education center, an early care and education home, or a
25		group day care home in Illinois; (iii) any individual who
26		is an employee, contractor, or agent of an early care and

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1		education center, an early care and education home, or a
2		group day care home in Illinois; (iv) any individual who
3		resides at the location where early care and education
4		services are provided or in the context of an application
5		for license, are sought to be provided; and (v) any
6		facility licensee, or applicant entity associated with the
7		operation of an early care and education center, an early
8		care and education home, or a early care and education
9		home in Illinois.
10		(Source: P.A. 101-43, eff. 1-1-20; 102-532, eff. 8-20-21;
11		102-813, eff. 5-13-22.)
12		(325 ILCS 5/8.2)  (from Ch. 23, par. 2058.2)
13		Sec. 8.2. If the Child Protective Service Unit determines,
14		following an investigation made pursuant to Section 7.4 of
15		this Act, that there is credible evidence that the child is
16		abused or neglected, the Department shall assess the family's
17		need for services, and, as necessary, develop, with the
18		family, an appropriate service plan for the family's voluntary
19		acceptance or refusal. In any case where there is evidence
20		that the perpetrator of the abuse or neglect has a substance
21		use disorder as defined in the Substance Use Disorder Act, the
22		Department, when making referrals for drug or alcohol abuse
23		services, shall make such referrals to facilities licensed by
24		the Department of Human Services or the Department of Public
25		Health. The Department shall comply with Section 8.1 by

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1		explaining its lack of legal authority to compel the
2		acceptance of services and may explain its concomitant
3		authority to petition the Circuit court under the Juvenile
4		Court Act of 1987 or refer the case to the local law
5		enforcement authority or State's attorney for criminal
6		prosecution.
7		For purposes of this Act, the term "family preservation
8		services" refers to all services to help families, including
9		adoptive and extended families. Family preservation services
10		shall be offered, where safe and appropriate, to prevent the
11		placement of children in substitute care when the children can
12		be cared for at home or in the custody of the person
13		responsible for the children's welfare without endangering the
14		children's health or safety, to reunite them with their
15		families if so placed when reunification is an appropriate
16		goal, or to maintain an adoptive placement. The term
17		"homemaker" includes emergency caretakers, homemakers,
18		caretakers, housekeepers and chore services. The term
19		"counseling" includes individual therapy, infant stimulation
20		therapy, family therapy, group therapy, self-help groups, drug
21		and alcohol abuse counseling, vocational counseling and
22		post-adoptive services. The term "early care and education day
23		care" includes protective early care and education day care
24		and early care and education day care to meet educational,
25		prevocational or vocational needs. The term "emergency
26		assistance and advocacy" includes coordinated services to

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1		secure emergency cash, food, housing and medical assistance or
2		advocacy for other subsistence and family protective needs.
3		Before July 1, 2000, appropriate family preservation
4		services shall, subject to appropriation, be included in the
5		service plan if the Department has determined that those
6		services will ensure the child's health and safety, are in the
7		child's best interests, and will not place the child in
8		imminent risk of harm. Beginning July 1, 2000, appropriate
9		family preservation services shall be uniformly available
10		throughout the State. The Department shall promptly notify
11		children and families of the Department's responsibility to
12		offer and provide family preservation services as identified
13		in the service plan. Such plans may include but are not limited
14		to: case management services; homemakers; counseling; parent
15		education; early care and education day care; emergency
16		assistance and advocacy assessments; respite care; in-home
17		health care; transportation to obtain any of the above
18		services; and medical assistance. Nothing in this paragraph
19		shall be construed to create a private right of action or claim
20		on the part of any individual or child welfare agency, except
21		that when a child is the subject of an action under Article II
22		of the Juvenile Court Act of 1987 and the child's service plan
23		calls for services to facilitate achievement of the permanency
24		goal, the court hearing the action under Article II of the
25		Juvenile Court Act of 1987 may order the Department to provide
26		the services set out in the plan, if those services are not

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1		provided with reasonable promptness and if those services are
2		available.
3		Each Department field office shall maintain on a local
4		basis directories of services available to children and
5		families in the local area where the Department office is
6		located.
7		The Department shall refer children and families served
8		pursuant to this Section to private agencies and governmental
9		agencies, where available.
10		Incentives that discourage or reward a decision to provide
11		family preservation services after a report is indicated or a
12		decision to refer a child for the filing of a petition under
13		Article II of the Juvenile Court Act of 1987 are strictly
14		prohibited and shall not be included in any contract, quality
15		assurance, or performance review process. Incentives include,
16		but are not limited to, monetary benefits, contingencies, and
17		enhanced or diminished performance reviews for individuals or
18		agencies.
19		Any decision regarding whether to provide family
20		preservation services after an indicated report or to refer a
21		child for the filing of a petition under Article II of the
22		Juvenile Court Act of 1987 shall be based solely on the child's
23		health, safety, and best interests and on any applicable law.
24		If a difference of opinion exists between a private agency and
25		the Department regarding whether to refer for the filing of a
26		petition under Article II of the Juvenile Court Act of 1987,

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1		the case shall be referred to the Deputy Director of Child
2		Protection for review and determination.
3		Any Department employee responsible for reviewing
4		contracts or program plans who is aware of a violation of this
5		Section shall immediately refer the matter to the Inspector
6		General of the Department.
7		Where there are 2 equal proposals from both a
8		not-for-profit and a for-profit agency to provide services,
9		the Department shall give preference to the proposal from the
10		not-for-profit agency.
11		No service plan shall compel any child or parent to engage
12		in any activity or refrain from any activity which is not
13		reasonably related to remedying a condition or conditions that
14		gave rise or which could give rise to any finding of child
15		abuse or neglect.
16		(Source: P.A. 100-759, eff. 1-1-19; 101-528, eff. 8-23-19.)
17		(325 ILCS 5/11.1)  (from Ch. 23, par. 2061.1)
18		Sec. 11.1. Access to records.
19		(a) A person shall have access to the records described in
20		Section 11 only in furtherance of purposes directly connected
21		with the administration of this Act or the Intergovernmental
22		Missing Child Recovery Act of 1984. Those persons and purposes
23		for access include:
24		(1) Department staff in the furtherance of their
25		responsibilities under this Act, or for the purpose of

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1		completing background investigations on persons or
2		agencies licensed by the Department or with whom the
3		Department contracts for the provision of child welfare
4		services.
5		(2) A law enforcement agency investigating known or
6		suspected child abuse or neglect, known or suspected
7		involvement with child sexual abuse material, known or
8		suspected criminal sexual assault, known or suspected
9		criminal sexual abuse, or any other sexual offense when a
10		child is alleged to be involved.
11		(3) The Illinois State Police when administering the
12		provisions of the Intergovernmental Missing Child Recovery
13		Act of 1984.
14		(4) A physician who has before the physician a child
15		whom the physician reasonably suspects may be abused or
16		neglected.
17		(5) A person authorized under Section 5 of this Act to
18		place a child in temporary protective custody when such
19		person requires the information in the report or record to
20		determine whether to place the child in temporary
21		protective custody.
22		(6) A person having the legal responsibility or
23		authorization to care for, treat, or supervise a child, or
24		a parent, prospective adoptive parent, foster parent,
25		guardian, or other person responsible for the child's
26		welfare, who is the subject of a report.

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1		(7) Except in regard to harmful or detrimental
2		information as provided in Section 7.19, any subject of
3		the report, and if the subject of the report is a minor,
4		the minor's guardian or guardian ad litem.
5		(8) A court, upon its finding that access to such
6		records may be necessary for the determination of an issue
7		before such court; however, such access shall be limited
8		to in camera inspection, unless the court determines that
9		public disclosure of the information contained therein is
10		necessary for the resolution of an issue then pending
11		before it.
12		(8.1) A probation officer or other authorized
13		representative of a probation or court services department
14		conducting an investigation ordered by a court under the
15		Juvenile Court Act of 1987.
16		(9) A grand jury, upon its determination that access
17		to such records is necessary in the conduct of its
18		official business.
19		(10) Any person authorized by the Director, in
20		writing, for audit or bona fide research purposes.
21		(11) Law enforcement agencies, coroners or medical
22		examiners, physicians, courts, school superintendents and
23		child welfare agencies in other states who are responsible
24		for child abuse or neglect investigations or background
25		investigations.
26		(12) The Department of Financial and Professional

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1		Regulation, the State Board of Education and school
2		superintendents in Illinois, who may use or disclose
3		information from the records as they deem necessary to
4		conduct investigations or take disciplinary action, as
5		provided by law.
6		(13) A coroner or medical examiner who has reason to
7		believe that a child has died as the result of abuse or
8		neglect.
9		(14) The Director of a State-operated facility when an
10		employee of that facility is the perpetrator in an
11		indicated report.
12		(15) The operator of a licensed child care facility or
13		a facility licensed by the Department of Human Services
14		(as successor to the Department of Alcoholism and
15		Substance Abuse) in which children reside when a current
16		or prospective employee of that facility is the
17		perpetrator in an indicated child abuse or neglect report,
18		pursuant to Section 4.3 of the Child Care Act of 1969.
19		(16) Members of a multidisciplinary team in the
20		furtherance of its responsibilities under subsection (b)
21		of Section 7.1. All reports concerning child abuse and
22		neglect made available to members of such
23		multidisciplinary teams and all records generated as a
24		result of such reports shall be confidential and shall not
25		be disclosed, except as specifically authorized by this
26		Act or other applicable law. It is a Class A misdemeanor to

HB3595 Enrolled - 881 - LRB104 08153 BAB 18201 b
1		permit, assist or encourage the unauthorized release of
2		any information contained in such reports or records.
3		Nothing contained in this Section prevents the sharing of
4		reports or records relating or pertaining to the death of
5		a minor under the care of or receiving services from the
6		Department of Children and Family Services and under the
7		jurisdiction of the juvenile court with the juvenile
8		court, the State's Attorney, and the minor's attorney.
9		(17) The Department of Human Services, as provided in
10		Section 17 of the Rehabilitation of Persons with
11		Disabilities Act.
12		(18) Any other agency or investigative body, including
13		the Department of Public Health and a local board of
14		health, authorized by State law to conduct an
15		investigation into the quality of care provided to
16		children in hospitals and other State regulated care
17		facilities.
18		(19) The person appointed, under Section 2-17 of the
19		Juvenile Court Act of 1987, as the guardian ad litem of a
20		minor who is the subject of a report or records under this
21		Act; or the person appointed, under Section 5-610 of the
22		Juvenile Court Act of 1987, as the guardian ad litem of a
23		minor who is in the custody or guardianship of the
24		Department or who has an open intact family services case
25		with the Department and who is the subject of a report or
26		records made pursuant to this Act.

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1		(20) The Department of Human Services, as provided in
2		Section 10 of the Early Intervention Services System Act,
3		and the operator of a facility providing early
4		intervention services pursuant to that Act, for the
5		purpose of determining whether a current or prospective
6		employee who provides or may provide direct services under
7		that Act is the perpetrator in an indicated report of
8		child abuse or neglect filed under this Act.
9		(21) The Department of Early Childhood staff, in
10		furtherance of their responsibilities under the Department
11		of Early Childhood Act, for the purpose of conducting
12		investigations, licensing actions, or other oversight
13		activities involving operators of licensed day care
14		centers, day care homes, or group day care homes. The
15		Department of Early Childhood may use or disclose such
16		information only as necessary to carry out its statutory
17		duties related to licensing, regulatory compliance, and
18		child safety.
19		(b) Nothing contained in this Act prevents the sharing or
20		disclosure of information or records relating or pertaining to
21		juveniles subject to the provisions of the Serious Habitual
22		Offender Comprehensive Action Program when that information is
23		used to assist in the early identification and treatment of
24		habitual juvenile offenders.
25		(c) To the extent that persons or agencies are given
26		access to information pursuant to this Section, those persons

HB3595 Enrolled - 883 - LRB104 08153 BAB 18201 b
1		or agencies may give this information to and receive this
2		information from each other in order to facilitate an
3		investigation conducted by those persons or agencies.
4		(Source: P.A. 103-22, eff. 8-8-23; 104-245, eff. 1-1-26.)
5		Section 220. The Missing Children Records Act is amended
6		by changing Section 5 as follows:
7		(325 ILCS 50/5)  (from Ch. 23, par. 2285)
8		Sec. 5. Duties of school or other entity.
9		(a) Upon notification by the Illinois State Police of a
10		person's disappearance, a school, preschool educational
11		program, child care facility, or early care and education day
12		care home or group early care and education day care home in
13		which the person is currently or was previously enrolled shall
14		flag the record of that person in such a manner that whenever a
15		copy of or information regarding the record is requested, the
16		school or other entity shall be alerted to the fact that the
17		record is that of a missing person. The school or other entity
18		shall immediately report to the Illinois State Police any
19		request concerning flagged records or knowledge as to the
20		whereabouts of any missing person. Upon notification by the
21		Illinois State Police that the missing person has been
22		recovered, the school or other entity shall remove the flag
23		from the person's record.
24		(b) (1) For every child enrolled in a particular

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1		elementary or secondary school, public or private preschool
2		educational program, public or private child care facility
3		licensed under the Child Care Act of 1969, or early care and
4		education day care home or group early care and education day
5		care home licensed under the Child Care Act of 1969, that
6		school or other entity shall notify in writing the person
7		enrolling the child that within 30 days he must provide either
8		(i) a certified copy of the child's birth certificate or (ii)
9		other reliable proof, as determined by the Illinois State
10		Police, of the child's identity and age and an affidavit
11		explaining the inability to produce a copy of the birth
12		certificate. Other reliable proof of the child's identity and
13		age shall include a passport, visa or other governmental
14		documentation of the child's identity. When the person
15		enrolling the child provides the school or other entity with a
16		certified copy of the child's birth certificate, the school or
17		other entity shall promptly make a copy of the certified copy
18		for its records and return the original certified copy to the
19		person enrolling the child. Once a school or other entity has
20		been provided with a certified copy of a child's birth
21		certificate as required under item (i) of this subdivision
22		(b)(1), the school or other entity need not request another
23		such certified copy with respect to that child for any other
24		year in which the child is enrolled in that school or other
25		entity.
26		(2) Upon the failure of a person enrolling a child to

HB3595 Enrolled - 885 - LRB104 08153 BAB 18201 b
1		comply with subsection (b) (1), the school or other entity
2		shall immediately notify the Illinois State Police or local
3		law enforcement agency of such failure, and shall notify the
4		person enrolling the child in writing that he has 10
5		additional days to comply.
6		(3) The school or other entity shall immediately report to
7		the Illinois State Police any affidavit received pursuant to
8		this subsection which appears inaccurate or suspicious in form
9		or content.
10		(c) Within 14 days after enrolling a transfer student, the
11		elementary or secondary school shall request directly from the
12		student's previous school a certified copy of his record. The
13		requesting school shall exercise due diligence in obtaining
14		the copy of the record requested. Any elementary or secondary
15		school requested to forward a copy of a transferring student's
16		record to the new school shall comply within 10 days of receipt
17		of the request unless the record has been flagged pursuant to
18		subsection (a), in which case the copy shall not be forwarded
19		and the requested school shall notify the Illinois State
20		Police or local law enforcement authority of the request.
21		(Source: P.A. 102-538, eff. 8-20-21.)
22		Section 225. The Smart Start Illinois Act is amended by
23		changing Section 95-10 as follows:
24		(325 ILCS 85/95-10)

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1		Sec. 95-10. Smart Start Early Care and Education Child
2		Care Workforce Compensation Program.
3		(a) The Department of Human Services shall create and
4		establish the Smart Start Early Care and Education Child Care
5		Workforce Compensation Program. The purpose of the Smart Start
6		Early Care and Education Child Care Workforce Compensation
7		Program is to invest in early childhood education and care
8		service providers, including, but not limited to, providers
9		participating in the Child Care Assistance Program; to expand
10		the supply of high-quality early childhood education and care;
11		and to create a strong and stable early childhood education
12		and care system with attractive wages, high-quality services,
13		and affordable costs.
14		(b) The purpose of the Smart Start Early Care and
15		Education Child Care Workforce Compensation Program is to
16		stabilize community-based early childhood education and care
17		service providers, raise the wages of early childhood
18		educators, and support quality enhancements that can position
19		service providers to participate in other public funding
20		streams, such as Preschool for All, in order to further
21		enhance and expand quality service delivery.
22		(c) Subject to appropriation, the Department of Human
23		Services shall implement the Smart Start Early Care and
24		Education Child Care Workforce Compensation Program for
25		eligible licensed early care and education day care centers,
26		licensed early care and education day care homes, and licensed

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1		group early care and education day care homes by October 1,
2		2024, or as soon as practicable, following completion of a
3		planning and transition year. By October 1, 2025, or as soon as
4		practicable, and for each year thereafter, subject to
5		appropriation, the Department of Human Services shall continue
6		to operate the Smart Start Early Care and Education Child Care
7		Workforce Compensation Program annually with all licensed
8		early care and education day care centers, licensed early care
9		and education day care homes, and licensed group early care
10		and education day care homes that meet eligibility
11		requirements. The Smart Start Early Care and Education Child
12		Care Workforce Compensation Program shall operate separately
13		from and shall not supplant the Child Care Assistance Program
14		as provided for in Section 9A-11 of the Illinois Public Aid
15		Code.
16		(d) The Department of Human Services shall adopt
17		administrative rules by October 1, 2024 to facilitate
18		administration of the Smart Start Early Care and Education
19		Child Care Workforce Compensation Program, including, but not
20		limited to, provisions for program eligibility, the
21		application and funding calculation process, eligible
22		expenses, required wage floors, and requirements for financial
23		and personnel reporting and monitoring requirements.
24		Eligibility and funding provisions shall be based on
25		appropriation and a current model of the cost to provide early
26		care and education child care services by a licensed early

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1		care and education child care center or licensed family early
2		care and education child care home.
3		(Source: P.A. 103-8, eff. 6-7-23; 103-605, eff. 7-1-24.)
4		Section 230. The Mental Health and Developmental
5		Disabilities Code is amended by changing Section 1-111 as
6		follows:
7		(405 ILCS 5/1-111)  (from Ch. 91 1/2, par. 1-111)
8		Sec. 1-111. "Habilitation" means an effort directed toward
9		the alleviation of a developmental disability or toward
10		increasing a person with a developmental disability's level of
11		physical, mental, social or economic functioning. Habilitation
12		may include, but is not limited to, diagnosis, evaluation,
13		medical services, residential care, early care and education
14		day care, special living arrangements, training, education,
15		sheltered employment, protective services, counseling and
16		other services provided to persons with a developmental
17		disability by developmental disabilities facilities.
18		(Source: P.A. 88-380.)
19		Section 235. The Epinephrine Injector Act is amended by
20		changing Section 5 as follows:
21		(410 ILCS 27/5)
22		Sec. 5. Definitions. As used in this Act:

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1		"Administer" means to directly apply an epinephrine
2		delivery system to the body of an individual.
3		"Authorized entity" means any entity or organization,
4		other than a school covered under Section 22-30 of the School
5		Code, in connection with or at which allergens capable of
6		causing anaphylaxis may be present, including, but not limited
7		to, independent contractors who provide student transportation
8		to schools, recreation camps, colleges and universities, early
9		care and education providers day care facilities, youth sports
10		leagues, amusement parks, restaurants, sports arenas, and
11		places of employment. The Department shall, by rule, determine
12		what constitutes an early care and education provider a day
13		care facility under this definition.
14		"Authorized individual" means an individual who has
15		successfully completed the training program under Section 10
16		of this Act.
17		"Department" means the Department of Public Health.
18		"Epinephrine delivery system" means any form of
19		epinephrine that is approved by the United States Food and
20		Drug Administration, including any device that contains a dose
21		of epinephrine, and that is used to administer epinephrine
22		into the human body to prevent or treat a life-threatening
23		allergic reaction.
24		"Health care practitioner" means a physician licensed to
25		practice medicine in all its branches under the Medical
26		Practice Act of 1987, a physician assistant under the

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1		Physician Assistant Practice Act of 1987 with prescriptive
2		authority, or an advanced practice registered nurse with
3		prescribing authority under Article 65 of the Nurse Practice
4		Act.
5		"Pharmacist" has the meaning given to that term under
6		subsection (k-5) of Section 3 of the Pharmacy Practice Act.
7		"Undesignated epinephrine injector" means an epinephrine
8		injector prescribed in the name of an authorized entity.
9		(Source: P.A. 104-229, eff. 1-1-26.)
10		Section 240. The Lead Poisoning Prevention Act is amended
11		by changing Section 7.1 as follows:
12		(410 ILCS 45/7.1)  (from Ch. 111 1/2, par. 1307.1)
13		Sec. 7.1. Requirements for early care and education
14		providers child care facilities. Each early care and education
15		day care center, early care and education day care home,
16		preschool, nursery school, kindergarten, or other early care
17		and education child care facility, licensed or approved by the
18		State, including such programs operated by a public school
19		district, shall include a requirement that each parent or
20		legal guardian of a child between one and 7 years of age
21		provide a statement from a physician or health care provider
22		that the child has been assessed for risk of lead poisoning or
23		tested or both, as provided in Section 6.2. This statement
24		shall be provided prior to admission and subsequently in

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1		conjunction with required physical examinations.
2		Early care and education providers Child care facilities
3		that participate in the Illinois Child Care Assistance Program
4		(CCAP) shall annually send or deliver to the parents or
5		guardians of children enrolled in the provider's facility's
6		care an informational pamphlet regarding awareness of lead
7		poisoning. Pamphlets shall be produced and made available by
8		the Department and shall be downloadable from the Department's
9		Internet website. The Department of Human Services and the
10		Department of Public Health shall assist in the distribution
11		of the pamphlet.
12		(Source: P.A. 98-690, eff. 1-1-15.)
13		Section 245. The Medical Patient Rights Act is amended by
14		changing Section 3.4 as follows:
15		(410 ILCS 50/3.4)
16		Sec. 3.4. Rights of women; pregnancy and childbirth.
17		(a) In addition to any other right provided under this
18		Act, every woman has the following rights with regard to
19		pregnancy and childbirth:
20		(1) The right to receive health care before, during,
21		and after pregnancy and childbirth.
22		(2) The right to receive care for her and her infant
23		that is consistent with generally accepted medical
24		standards.

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1		(3) The right to choose a certified nurse midwife or
2		physician as her maternity care professional.
3		(4) The right to choose her birth setting from the
4		full range of birthing options available in her community.
5		(5) The right to leave her maternity care professional
6		and select another if she becomes dissatisfied with her
7		care, except as otherwise provided by law.
8		(6) The right to receive information about the names
9		of those health care professionals involved in her care.
10		(7) The right to privacy and confidentiality of
11		records, except as provided by law.
12		(8) The right to receive information concerning her
13		condition and proposed treatment, including methods of
14		relieving pain.
15		(9) The right to accept or refuse any treatment, to
16		the extent medically possible.
17		(10) The right to be informed if her caregivers wish
18		to enroll her or her infant in a research study in
19		accordance with Section 3.1 of this Act.
20		(11) The right to access her medical records in
21		accordance with Section 8-2001 of the Code of Civil
22		Procedure.
23		(12) The right to receive information in a language in
24		which she can communicate in accordance with federal law.
25		(13) The right to receive emotional and physical
26		support during labor and birth.

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1		(14) The right to freedom of movement during labor and
2		to give birth in the position of her choice, within
3		generally accepted medical standards.
4		(15) The right to contact with her newborn, except
5		where necessary care must be provided to the mother or
6		infant.
7		(16) The right to receive information about
8		breastfeeding.
9		(17) The right to decide collaboratively with
10		caregivers when she and her baby will leave the birth site
11		for home, based on their conditions and circumstances.
12		(18) The right to be treated with respect at all times
13		before, during, and after pregnancy by her health care
14		professionals.
15		(19) The right of each patient, regardless of source
16		of payment, to examine and receive a reasonable
17		explanation of her total bill for services rendered by her
18		maternity care professional or health care provider,
19		including itemized charges for specific services received.
20		Each maternity care professional or health care provider
21		shall be responsible only for a reasonable explanation of
22		those specific services provided by the maternity care
23		professional or health care provider.
24		(b) The Department of Public Health, Department of
25		Healthcare and Family Services, Department of Children and
26		Family Services, and Department of Human Services shall post,

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1		either by physical or electronic means, information about
2		these rights on their publicly available websites. Every
3		health care provider, early care and education day care center
4		licensed under the Child Care Act of 1969, Head Start, and
5		community center shall post information about these rights in
6		a prominent place and on their websites, if applicable.
7		(c) The Department of Public Health shall adopt rules to
8		implement this Section.
9		(d) Nothing in this Section or any rules adopted under
10		subsection (c) shall be construed to require a physician,
11		health care professional, hospital, hospital affiliate, or
12		health care provider to provide care inconsistent with
13		generally accepted medical standards or available capabilities
14		or resources.
15		(Source: P.A. 101-445, eff. 1-1-20; 102-4, eff. 4-27-21.)
16		Section 250. The Compassionate Use of Medical Cannabis
17		Program Act is amended by changing Sections 105 and 130 as
18		follows:
19		(410 ILCS 130/105)
20		Sec. 105. Requirements; prohibitions; penalties for
21		cultivation centers.
22		(a) The operating documents of a registered cultivation
23		center shall include procedures for the oversight of the
24		cultivation center, a cannabis plant monitoring system

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1		including a physical inventory recorded weekly, a cannabis
2		container system including a physical inventory recorded
3		weekly, accurate record keeping, and a staffing plan.
4		(b) A registered cultivation center shall implement a
5		security plan reviewed by the Illinois State Police and
6		including but not limited to: facility access controls,
7		perimeter intrusion detection systems, personnel
8		identification systems, 24-hour surveillance system to monitor
9		the interior and exterior of the registered cultivation center
10		facility and accessible to authorized law enforcement and the
11		Department of Agriculture in real-time.
12		(c) A registered cultivation center may not be located
13		within 2,500 feet of the property line of a pre-existing
14		public or private preschool or elementary or secondary school
15		or early care and education day care center, early care and
16		education day care home, group early care and education day
17		care home, part day program location child care facility, or
18		an area zoned for residential use.
19		(d) All cultivation of cannabis for distribution to a
20		registered dispensing organization must take place in an
21		enclosed, locked facility as it applies to cultivation centers
22		at the physical address provided to the Department of
23		Agriculture during the registration process. The cultivation
24		center location shall only be accessed by the cultivation
25		center agents working for the registered cultivation center,
26		Department of Agriculture staff performing inspections,

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1		Department of Public Health staff performing inspections, law
2		enforcement or other emergency personnel, and contractors
3		working on jobs unrelated to medical cannabis, such as
4		installing or maintaining security devices or performing
5		electrical wiring.
6		(e) A cultivation center may not sell or distribute any
7		cannabis to any individual or entity other than another
8		cultivation center, a dispensing organization registered under
9		this Act, or a laboratory licensed by the Department of
10		Agriculture.
11		(f) All harvested cannabis intended for distribution to a
12		dispensing organization must be packaged in a labeled medical
13		cannabis container and entered into a data collection system.
14		(g) No person who has been convicted of an excluded
15		offense may be a cultivation center agent.
16		(h) Registered cultivation centers are subject to random
17		inspection by the Illinois State Police.
18		(i) Registered cultivation centers are subject to random
19		inspections by the Department of Agriculture and the
20		Department of Public Health.
21		(j) A cultivation center agent shall notify local law
22		enforcement, the Illinois State Police, and the Department of
23		Agriculture within 24 hours of the discovery of any loss or
24		theft. Notification shall be made by phone or in-person, or by
25		written or electronic communication.
26		(k) A cultivation center shall comply with all State and

HB3595 Enrolled - 897 - LRB104 08153 BAB 18201 b
1		federal rules and regulations regarding the use of pesticides.
2		(Source: P.A. 101-363, eff. 8-9-19; 102-538, eff. 8-20-21.)
3		(410 ILCS 130/130)
4		Sec. 130. Requirements; prohibitions; penalties;
5		dispensing organizations.
6		(a) The Department of Financial and Professional
7		Regulation shall implement the provisions of this Section by
8		rule.
9		(b) A dispensing organization shall maintain operating
10		documents which shall include procedures for the oversight of
11		the registered dispensing organization and procedures to
12		ensure accurate recordkeeping.
13		(c) A dispensing organization shall implement appropriate
14		security measures, as provided by rule, to deter and prevent
15		the theft of cannabis and unauthorized entrance into areas
16		containing cannabis.
17		(d) A dispensing organization may not be located within
18		1,000 feet of the property line of a pre-existing public or
19		private preschool or elementary or secondary school or early
20		care and education day care center, early care and education
21		day care home, group early care and education day care home, or
22		part day program child care facility. A registered dispensing
23		organization may not be located in a house, apartment,
24		condominium, or an area zoned for residential use. This
25		subsection shall not apply to any dispensing organizations

HB3595 Enrolled - 898 - LRB104 08153 BAB 18201 b
1		registered on or after July 1, 2019.
2		(e) A dispensing organization is prohibited from acquiring
3		cannabis from anyone other than a cultivation center, craft
4		grower, processing organization, another dispensing
5		organization, or transporting organization licensed or
6		registered under this Act or the Cannabis Regulation and Tax
7		Act. A dispensing organization is prohibited from obtaining
8		cannabis from outside the State of Illinois.
9		(f) A registered dispensing organization is prohibited
10		from dispensing cannabis for any purpose except to assist
11		registered qualifying patients with the medical use of
12		cannabis directly or through the qualifying patients'
13		designated caregivers.
14		(g) The area in a dispensing organization where medical
15		cannabis is stored can only be accessed by dispensing
16		organization agents working for the dispensing organization,
17		Department of Financial and Professional Regulation staff
18		performing inspections, law enforcement or other emergency
19		personnel, and contractors working on jobs unrelated to
20		medical cannabis, such as installing or maintaining security
21		devices or performing electrical wiring.
22		(h) A dispensing organization may not dispense more than
23		2.5 ounces of cannabis to a registered qualifying patient,
24		directly or via a designated caregiver, in any 14-day period
25		unless the qualifying patient has a Department of Public
26		Health-approved quantity waiver. Any Department of Public

HB3595 Enrolled - 899 - LRB104 08153 BAB 18201 b
1		Health-approved quantity waiver process must be made available
2		to qualified veterans.
3		(i) Except as provided in subsection (i-5), before medical
4		cannabis may be dispensed to a designated caregiver or a
5		registered qualifying patient, a dispensing organization agent
6		must determine that the individual is a current cardholder in
7		the verification system and must verify each of the following:
8		(1) that the registry identification card presented to
9		the registered dispensing organization is valid;
10		(2) that the person presenting the card is the person
11		identified on the registry identification card presented
12		to the dispensing organization agent;
13		(3) (blank); and
14		(4) that the registered qualifying patient has not
15		exceeded his or her adequate supply.
16		(i-5) A dispensing organization may dispense medical
17		cannabis to an Opioid Alternative Pilot Program participant
18		under Section 62 and to a person presenting proof of
19		provisional registration under Section 55. Before dispensing
20		medical cannabis, the dispensing organization shall comply
21		with the requirements of Section 62 or Section 55, whichever
22		is applicable, and verify the following:
23		(1) that the written certification presented to the
24		registered dispensing organization is valid and an
25		original document;
26		(2) that the person presenting the written

HB3595 Enrolled - 900 - LRB104 08153 BAB 18201 b
1		certification is the person identified on the written
2		certification; and
3		(3) that the participant has not exceeded his or her
4		adequate supply.
5		(j) Dispensing organizations shall ensure compliance with
6		this limitation by maintaining internal, confidential records
7		that include records specifying how much medical cannabis is
8		dispensed to the registered qualifying patient and whether it
9		was dispensed directly to the registered qualifying patient or
10		to the designated caregiver. Each entry must include the date
11		and time the cannabis was dispensed. Additional recordkeeping
12		requirements may be set by rule.
13		(k) The health care professional-patient privilege as set
14		forth by Section 8-802 of the Code of Civil Procedure shall
15		apply between a qualifying patient and a registered dispensing
16		organization and its agents with respect to communications and
17		records concerning qualifying patients' debilitating
18		conditions.
19		(l) A dispensing organization may not permit any person to
20		consume cannabis on the property of a medical cannabis
21		organization.
22		(m) A dispensing organization may not share office space
23		with or refer patients to a certifying health care
24		professional.
25		(n) Notwithstanding any other criminal penalties related
26		to the unlawful possession of cannabis, the Department of

HB3595 Enrolled - 901 - LRB104 08153 BAB 18201 b
1		Financial and Professional Regulation may revoke, suspend,
2		place on probation, reprimand, refuse to issue or renew, or
3		take any other disciplinary or non-disciplinary action as the
4		Department of Financial and Professional Regulation may deem
5		proper with regard to the registration of any person issued
6		under this Act to operate a dispensing organization or act as a
7		dispensing organization agent, including imposing fines not to
8		exceed $10,000 for each violation, for any violations of this
9		Act and rules adopted in accordance with this Act. The
10		procedures for disciplining a registered dispensing
11		organization shall be determined by rule. All final
12		administrative decisions of the Department of Financial and
13		Professional Regulation are subject to judicial review under
14		the Administrative Review Law and its rules. The term
15		"administrative decision" is defined as in Section 3-101 of
16		the Code of Civil Procedure.
17		(o) Dispensing organizations are subject to random
18		inspection and cannabis testing by the Department of Financial
19		and Professional Regulation, the Illinois State Police, the
20		Department of Revenue, the Department of Public Health, the
21		Department of Agriculture, or as provided by rule.
22		(p) The Department of Financial and Professional
23		Regulation shall adopt rules permitting returns, and potential
24		refunds, for damaged or inadequate products.
25		(q) The Department of Financial and Professional
26		Regulation may issue nondisciplinary citations for minor

HB3595 Enrolled - 902 - LRB104 08153 BAB 18201 b
1		violations which may be accompanied by a civil penalty not to
2		exceed $10,000 per violation. The penalty shall be a civil
3		penalty or other condition as established by rule. The
4		citation shall be issued to the licensee and shall contain the
5		licensee's name, address, and license number, a brief factual
6		statement, the Sections of the law or rule allegedly violated,
7		and the civil penalty, if any, imposed. The citation must
8		clearly state that the licensee may choose, in lieu of
9		accepting the citation, to request a hearing. If the licensee
10		does not dispute the matter in the citation with the
11		Department of Financial and Professional Regulation within 30
12		days after the citation is served, then the citation shall
13		become final and shall not be subject to appeal.
14		(Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21.)
15		Section 255. The Coal Tar Sealant Disclosure Act is
16		amended by changing Section 10 as follows:
17		(410 ILCS 170/10)
18		Sec. 10. Coal tar sealant disclosure; public schools.
19		(a) A public school, public school district, or early care
20		and education provider day care shall provide written or
21		telephonic notification to parents and guardians of students
22		and employees prior to any application of a coal-tar based
23		sealant product or a high polycyclic aromatic hydrocarbon
24		sealant product. The written notification:

HB3595 Enrolled - 903 - LRB104 08153 BAB 18201 b
1		(1) may be included in newsletters, bulletins,
2		calendars, or other correspondence currently published by
3		the school district or early care and education day care
4		center;
5		(2) must be given at least 10 business days before the
6		application and should identify the intended date and
7		location of the application of the coal-tar based sealant
8		product or high polycyclic aromatic hydrocarbon sealant;
9		(3) must include the name and telephone contact number
10		for the school or early care and education day care center
11		personnel responsible for the application; and
12		(4) must include any health hazards associated with
13		coal tar-based sealant product or high polycyclic aromatic
14		hydrocarbon sealant product, as provided by a
15		corresponding safety data sheet.
16		(b) Notwithstanding any provision of this Act or any other
17		law to the contrary, a public school or public school district
18		that bids a pavement engineering project using a coal
19		tar-based sealant product or high polycyclic aromatic
20		hydrocarbon sealant product for pavement engineering-related
21		use shall request a bid with an alternative for asphalt-based
22		or latex-based sealant product as a part of the engineering
23		project. The public school or public school district shall
24		consider whether asphalt-based or latex-based sealant product
25		should be used for the project based upon costs and life cycle
26		costs that regard preserving pavements, product warranties,

HB3595 Enrolled - 904 - LRB104 08153 BAB 18201 b
1		and the benefits to public health and safety.
2		(c) The Department, in consultation with the State Board
3		of Education, shall conduct outreach to public schools and
4		public school districts to provide guidance for compliance
5		with the provisions of this Act.
6		(d) On or before May 1, 2023, the Department and the State
7		Board of Education shall post on their websites guidance on
8		screening for coal tar-based sealant product or high
9		polycyclic aromatic hydrocarbon sealant product, requirements
10		for a request for proposals, and requirements for disclosure.
11		(Source: P.A. 102-242, eff. 1-1-23.)
12		Section 260. The Child Vision and Hearing Test Act is
13		amended by changing Section 3 as follows:
14		(410 ILCS 205/3)  (from Ch. 23, par. 2333)
15		Sec. 3. Vision and hearing screening services shall be
16		administered to all children as early as possible, but no
17		later than their first year in any public or private education
18		program, licensed early care and education day care center, or
19		residential facility for children with disabilities; and
20		periodically thereafter, to identify those children with
21		vision or hearing impairments or both so that such conditions
22		can be managed or treated.
23		(Source: P.A. 99-143, eff. 7-27-15.)

HB3595 Enrolled - 905 - LRB104 08153 BAB 18201 b
1		Section 265. The Food Handling Regulation Enforcement Act
2		is amended by changing Section 3.06 as follows:
3		(410 ILCS 625/3.06)
4		Sec. 3.06. Food handler training; restaurants.
5		(a) For the purpose of this Section, "restaurant" means
6		any business that is primarily engaged in the sale of
7		ready-to-eat food for immediate consumption. "Primarily
8		engaged" means having sales of ready-to-eat food for immediate
9		consumption comprising at least 51% of the total sales,
10		excluding the sale of liquor.
11		(b) Unless otherwise provided, all food handlers employed
12		by a restaurant, other than someone holding a food service
13		sanitation manager certificate, must receive or obtain
14		American National Standards Institute-accredited training in
15		basic safe food handling principles within 30 days after
16		employment and every 3 years thereafter. Notwithstanding the
17		provisions of Section 3.05 of this Act, food handlers employed
18		in nursing homes, licensed early care and education day care
19		homes and locations facilities, hospitals, schools, and
20		long-term care facilities must renew their training every 3
21		years. There is no limit to how many times an employee may take
22		the training. The training indicated in subsections (e) and
23		(f) of this Section is transferable between employers, but not
24		individuals. The training indicated in subsections (c) and (d)
25		of this Section is not transferable between individuals or

HB3595 Enrolled - 906 - LRB104 08153 BAB 18201 b
1		employers. Proof that a food handler has been trained must be
2		available upon reasonable request by a State or local health
3		department inspector and may be provided electronically.
4		(c) If a business with an internal training program is
5		approved in another state prior to the effective date of this
6		amendatory Act of the 98th General Assembly, then the
7		business's training program and assessment shall be
8		automatically approved by the Department upon the business
9		providing proof that the program is approved in said state.
10		(d) The Department shall approve the training program of
11		any multi-state business or a franchisee, as defined in the
12		Franchise Disclosure Act of 1987, of any multi-state business
13		with a plan that follows the guidelines in subsection (b) of
14		Section 3.05 of this Act and is on file with the Department by
15		August 1, 2017.
16		(e) If an entity uses an American National Standards
17		Institute food handler training accredited program, that
18		training program shall be automatically approved by the
19		Department.
20		(f) Certified local health departments in counties serving
21		jurisdictions with a population of 100,000 or less, as
22		reported by the U.S. Census Bureau in the 2010 Census of
23		Population, may have a training program. The training program
24		must meet the requirements of Section 3.05(b) and be approved
25		by the Department. This Section notwithstanding, certified
26		local health departments in the following counties may have a

HB3595 Enrolled - 907 - LRB104 08153 BAB 18201 b
1		training program:
2		(1) a county with a population of 677,560 as reported
3		by the U.S. Census Bureau in the 2010 Census of
4		Population;
5		(2) a county with a population of 308,760 as reported
6		by the U.S. Census Bureau in the 2010 Census of
7		Population;
8		(3) a county with a population of 515,269 as reported
9		by the U.S. Census Bureau in the 2010 Census of
10		Population;
11		(4) a county with a population of 114,736 as reported
12		by the U.S. Census Bureau in the 2010 Census of
13		Population;
14		(5) a county with a population of 110,768 as reported
15		by the U.S. Census Bureau in the 2010 Census of
16		Population;
17		(6) a county with a population of 135,394 as reported
18		by the U.S. Census Bureau in the 2010 Census of
19		Population.
20		The certified local health departments in paragraphs (1)
21		through (6) of this subsection (f) must have their training
22		programs on file with the Department no later than 90 days
23		after the effective date of this Act. Any modules that meet the
24		requirements of subsection (b) of Section 3.05 of this Act and
25		are not approved within 180 days after the Department's
26		receipt of the application of the entity seeking to conduct

HB3595 Enrolled - 908 - LRB104 08153 BAB 18201 b
1		the training shall automatically be considered approved by the
2		Department.
3		(g) Any and all documents, materials, or information
4		related to a restaurant or business food handler training
5		module submitted to the Department is confidential and shall
6		not be open to public inspection or dissemination and is
7		exempt from disclosure under Section 7 of the Freedom of
8		Information Act. Training may be conducted by any means
9		available, including, but not limited to, on-line, computer,
10		classroom, live trainers, remote trainers, and certified food
11		service sanitation managers. There must be at least one
12		commercially available, approved food handler training module
13		at a cost of no more than $15 per employee; if an approved food
14		handler training module is not available at that cost, then
15		the provisions of this Section 3.06 shall not apply.
16		(h) The regulation of food handler training is considered
17		to be an exclusive function of the State, and local regulation
18		is prohibited. This subsection (h) is a denial and limitation
19		of home rule powers and functions under subsection (h) of
20		Section 6 of Article VII of the Illinois Constitution.
21		(i) The provisions of this Section apply beginning July 1,
22		2014. From July 1, 2014 through December 31, 2014, enforcement
23		of the provisions of this Section shall be limited to
24		education and notification of requirements to encourage
25		compliance.
26		(Source: P.A. 99-62, eff. 7-16-15; 99-78, eff. 7-20-15;

HB3595 Enrolled - 909 - LRB104 08153 BAB 18201 b
1		100-367, eff. 8-25-17.)
2		Section 270. The Environmental Protection Act is amended
3		by changing Section 17.12 as follows:
4		(415 ILCS 5/17.12)
5		Sec. 17.12. Lead service line replacement and
6		notification.
7		(a) The purpose of this Act is to: (1) require the owners
8		and operators of community water supplies to develop,
9		implement, and maintain a comprehensive water service line
10		material inventory and a comprehensive lead service line
11		replacement plan, provide notice to occupants of potentially
12		affected buildings before any construction or repair work on
13		water mains or lead service lines, and request access to
14		potentially affected buildings before replacing lead service
15		lines; and (2) prohibit partial lead service line
16		replacements, except as authorized within this Section.
17		(b) The General Assembly finds and declares that:
18		(1) There is no safe level of exposure to heavy metal
19		lead, as found by the United States Environmental
20		Protection Agency and the Centers for Disease Control and
21		Prevention.
22		(2) Lead service lines can convey this harmful
23		substance to the drinking water supply.
24		(3) According to the Illinois Environmental Protection

HB3595 Enrolled - 910 - LRB104 08153 BAB 18201 b
1		Agency's 2018 Service Line Material Inventory, the State
2		of Illinois is estimated to have over 680,000 lead-based
3		service lines still in operation.
4		(4) The true number of lead service lines is not fully
5		known because Illinois lacks an adequate inventory of lead
6		service lines.
7		(5) For the general health, safety, and welfare of its
8		residents, all lead service lines in Illinois should be
9		disconnected from the drinking water supply, and the
10		State's drinking water supply.
11		(c) In this Section:
12		"Advisory Board" means the Lead Service Line Replacement
13		Advisory Board created under subsection (x).
14		"Community water supply" has the meaning ascribed to it in
15		Section 3.145 of this Act.
16		"Department" means the Department of Public Health.
17		"Emergency repair" means any unscheduled water main, water
18		service, or water valve repair or replacement that results
19		from failure or accident.
20		"Fund" means the Lead Service Line Replacement Fund
21		created under subsection (bb).
22		"Lead service line" means a service line made of lead or
23		service line connected to a lead pigtail, lead gooseneck, or
24		other lead fitting.
25		"Material inventory" means a water service line material
26		inventory developed by a community water supply under this

HB3595 Enrolled - 911 - LRB104 08153 BAB 18201 b
1		Act.
2		"Non-community water supply" has the meaning ascribed to
3		it in Section 3.145 of the Environmental Protection Act.
4		"NSF/ANSI Standard" means a water treatment standard
5		developed by NSF International.
6		"Partial lead service line replacement" means replacement
7		of only a portion of a lead service line.
8		"Potentially affected building" means any building that is
9		provided water service through a service line that is either a
10		lead service line or a suspected lead service line.
11		"Public water supply" has the meaning ascribed to it in
12		Section 3.365 of this Act.
13		"Service line" means the piping, tubing, and necessary
14		appurtenances acting as a conduit from the water main or
15		source of potable water supply to the building plumbing at the
16		first shut-off valve or 18 inches inside the building,
17		whichever is shorter.
18		"Suspected lead service line" means a service line that a
19		community water supply finds more likely than not to be made of
20		lead after completing the requirements under paragraphs (2)
21		through (5) of subsection (h).
22		"Small system" means a community water supply that
23		regularly serves water to 3,300 or fewer persons.
24		(d) An owner or operator of a community water supply
25		shall:
26		(1) develop an initial material inventory by April 15,

HB3595 Enrolled - 912 - LRB104 08153 BAB 18201 b
1		2022 and electronically submit by April 15, 2023 an
2		updated material inventory electronically to the Agency;
3		and
4		(2) deliver a complete material inventory to the
5		Agency no later than April 15, 2024, or such time as
6		required by federal law, whichever is sooner. The complete
7		inventory shall report the composition of all service
8		lines in the community water supply's distribution system.
9		(e) The Agency shall review and approve the final material
10		inventory submitted to it under subsection (d).
11		(f) If a community water supply does not submit a complete
12		inventory to the Agency by April 15, 2024 under paragraph (2)
13		of subsection (d), the community water supply may apply for an
14		extension to the Agency no less than 3 months prior to the due
15		date. The Agency shall develop criteria for granting material
16		inventory extensions. When considering requests for extension,
17		the Agency shall, at a minimum, consider:
18		(1) the number of service connections in a water
19		supply; and
20		(2) the number of service lines of an unknown material
21		composition.
22		(g) A material inventory prepared for a community water
23		supply under subsection (d) shall identify:
24		(1) the total number of service lines connected to the
25		community water supply's distribution system;
26		(2) the materials of construction of each service line

HB3595 Enrolled - 913 - LRB104 08153 BAB 18201 b
1		connected to the community water supply's distribution
2		system;
3		(3) the number of suspected lead service lines that
4		were newly identified in the material inventory for the
5		community water supply after the community water supply
6		last submitted a service line inventory to the Agency; and
7		(4) the number of suspected or known lead service
8		lines that were replaced after the community water supply
9		last submitted a service line inventory to the Agency, and
10		the material of the service line that replaced each lead
11		service line.
12		When identifying the materials of construction under
13		paragraph (2) of this subsection, the owner or operator of the
14		community water supply shall to the best of the owner's or
15		operator's ability identify the type of construction material
16		used on the customer's side of the curb box, meter, or other
17		line of demarcation and the community water supply's side of
18		the curb box, meter, or other line of demarcation.
19		(h) In completing a material inventory under subsection
20		(d), the owner or operator of a community water supply shall:
21		(1) prioritize inspections of high-risk areas
22		identified by the community water supply and inspections
23		of high-risk facilities, such as preschools, early care
24		and education day care centers, early care and education
25		day care homes, group early care and education day care
26		homes, parks, playgrounds, hospitals, and clinics, and

HB3595 Enrolled - 914 - LRB104 08153 BAB 18201 b
1		confirm service line materials in those areas and at those
2		facilities;
3		(2) review historical documentation, such as
4		construction logs or cards, as-built drawings, purchase
5		orders, and subdivision plans, to determine service line
6		material construction;
7		(3) when conducting distribution system maintenance,
8		visually inspect service lines and document materials of
9		construction;
10		(4) identify any time period when the service lines
11		being connected to its distribution system were primarily
12		lead service lines, if such a time period is known or
13		suspected; and
14		(5) discuss service line repair and installation with
15		its employees, contractors, plumbers, other workers who
16		worked on service lines connected to its distribution
17		system, or all of the above.
18		(i) The owner or operator of each community water supply
19		shall maintain records of persons who refuse to grant access
20		to the interior of a building for purposes of identifying the
21		materials of construction of a service line. If a community
22		water supply has been denied access on the property or to the
23		interior of a building for that reason, then the community
24		water supply shall attempt to identify the service line as a
25		suspected lead service line, unless documentation is provided
26		showing otherwise.

HB3595 Enrolled - 915 - LRB104 08153 BAB 18201 b
1		(j) If a community water supply identifies a lead service
2		line connected to a building, the owner or operator of the
3		community water supply shall attempt to notify the owner of
4		the building and all occupants of the building of the
5		existence of the lead service line within 15 days after
6		identifying the lead service line, or as soon as is reasonably
7		possible thereafter. Individual written notice shall be given
8		according to the provisions of subsection (jj).
9		(k) An owner or operator of a community water supply has no
10		duty to include in the material inventory required under
11		subsection (d) information about service lines that are
12		physically disconnected from a water main in its distribution
13		system.
14		(l) The owner or operator of each community water supply
15		shall post on its website a copy of the most recently submitted
16		material inventory or alternatively may request that the
17		Agency post a copy of that material inventory on the Agency's
18		website.
19		(m) Nothing in this Section shall be construed to require
20		service lines to be unearthed for the sole purpose of
21		inventorying.
22		(n) When an owner or operator of a community water supply
23		awards a contract under this Section, the owner or operator
24		shall make a good faith effort to use contractors and vendors
25		owned by minority persons, women, and persons with a
26		disability, as those terms are defined in Section 2 of the

HB3595 Enrolled - 916 - LRB104 08153 BAB 18201 b
1		Business Enterprise for Minorities, Women, and Persons with
2		Disabilities Act, for not less than 20% of the total
3		contracts, provided that:
4		(1) contracts representing at least 11% of the total
5		projects shall be awarded to minority-owned businesses, as
6		defined in Section 2 of the Business Enterprise for
7		Minorities, Women, and Persons with Disabilities Act;
8		(2) contracts representing at least 7% of the total
9		projects shall be awarded to women-owned businesses, as
10		defined in Section 2 of the Business Enterprise for
11		Minorities, Women, and Persons with Disabilities Act; and
12		(3) contracts representing at least 2% of the total
13		projects shall be awarded to businesses owned by persons
14		with a disability.
15		Owners or operators of a community water supply are
16		encouraged to divide projects, whenever economically feasible,
17		into contracts of smaller size that ensure small business
18		contractors or vendors shall have the ability to qualify in
19		the applicable bidding process, when determining the ability
20		to deliver on a given contract based on scope and size, as a
21		responsible and responsive bidder.
22		When a contractor or vendor submits a bid or letter of
23		intent in response to a request for proposal or other bid
24		submission, the contractor or vendor shall include with its
25		responsive documents a utilization plan that shall address how
26		compliance with applicable good faith requirements set forth

HB3595 Enrolled - 917 - LRB104 08153 BAB 18201 b
1		in this subsection shall be addressed.
2		Under this subsection, "good faith effort" means a
3		community water supply has taken all necessary steps to comply
4		with the goals of this subsection by complying with the
5		following:
6		(1) Soliciting through reasonable and available means
7		the interest of a business, as defined in Section 2 of the
8		Business Enterprise for Minorities, Women, and Persons
9		with Disabilities Act, that have the capability to perform
10		the work of the contract. The community water supply must
11		solicit this interest within sufficient time to allow
12		certified businesses to respond.
13		(2) Providing interested certified businesses with
14		adequate information about the plans, specifications, and
15		requirements of the contract, including addenda, in a
16		timely manner to assist them in responding to the
17		solicitation.
18		(3) Meeting in good faith with interested certified
19		businesses that have submitted bids.
20		(4) Effectively using the services of the State,
21		minority or women community organizations, minority or
22		women contractor groups, local, State, and federal
23		minority or women business assistance offices, and other
24		organizations to provide assistance in the recruitment and
25		placement of certified businesses.
26		(5) Making efforts to use appropriate forums for

HB3595 Enrolled - 918 - LRB104 08153 BAB 18201 b
1		purposes of advertising subcontracting opportunities
2		suitable for certified businesses.
3		The diversity goals defined in this subsection can be met
4		through direct award to diverse contractors and through the
5		use of diverse subcontractors and diverse vendors to
6		contracts.
7		(o) An owner or operator of a community water supply shall
8		collect data necessary to ensure compliance with subsection
9		(n) no less than semi-annually and shall include progress
10		toward compliance of subsection (n) in the owner or operator's
11		report required under subsection (t-5). The report must
12		include data on vendor and employee diversity, including data
13		on the owner's or operator's implementation of subsection (n).
14		(p) Every owner or operator of a community water supply
15		that has known or suspected lead service lines shall:
16		(1) create a plan to:
17		(A) replace each lead service line connected to
18		its distribution system; and
19		(B) replace each galvanized service line connected
20		to its distribution system, if the galvanized service
21		line is or was connected downstream to lead piping;
22		and
23		(2) electronically submit, by April 15, 2024 its
24		initial lead service line replacement plan to the Agency;
25		(3) electronically submit by April 15 of each year
26		after 2024 until April 15, 2027 an updated lead service

HB3595 Enrolled - 919 - LRB104 08153 BAB 18201 b
1		line replacement plan to the Agency for review; the
2		updated replacement plan shall account for changes in the
3		number of lead service lines or unknown service lines in
4		the material inventory described in subsection (d);
5		(4) electronically submit by April 15, 2027 a complete
6		and final replacement plan to the Agency for approval; the
7		complete and final replacement plan shall account for all
8		known and suspected lead service lines documented in the
9		final material inventory described under paragraph (3) of
10		subsection (d); and
11		(5) post on its website a copy of the plan most
12		recently submitted to the Agency or may request that the
13		Agency post a copy of that plan on the Agency's website.
14		(q) Each plan required under paragraph (1) of subsection
15		(p) shall include the following:
16		(1) the name and identification number of the
17		community water supply;
18		(2) the total number of service lines connected to the
19		distribution system of the community water supply;
20		(3) the total number of suspected lead service lines
21		connected to the distribution system of the community
22		water supply;
23		(4) the total number of known lead service lines
24		connected to the distribution system of the community
25		water supply;
26		(5) the total number of lead service lines connected

HB3595 Enrolled - 920 - LRB104 08153 BAB 18201 b
1		to the distribution system of the community water supply
2		that have been replaced each year beginning in 2020;
3		(6) a proposed lead service line replacement schedule
4		that includes one-year, 5-year, 10-year, 15-year, 20-year,
5		25-year, and 30-year goals;
6		(7) an analysis of costs and financing options for
7		replacing the lead service lines connected to the
8		community water supply's distribution system, which shall
9		include, but shall not be limited to:
10		(A) a detailed accounting of costs associated with
11		replacing lead service lines and galvanized lines that
12		are or were connected downstream to lead piping;
13		(B) measures to address affordability and prevent
14		service shut-offs for customers or ratepayers; and
15		(C) consideration of different scenarios for
16		structuring payments between the utility and its
17		customers over time; and
18		(8) a plan for prioritizing high-risk facilities, such
19		as preschools, early care and education day care centers,
20		early care and education day care homes, group early care
21		and education day care homes, parks, playgrounds,
22		hospitals, and clinics, as well as high-risk areas
23		identified by the community water supply;
24		(9) a map of the areas where lead service lines are
25		expected to be found and the sequence with which those
26		areas will be inventoried and lead service lines replaced;

HB3595 Enrolled - 921 - LRB104 08153 BAB 18201 b
1		(10) measures for how the community water supply will
2		inform the public of the plan and provide opportunity for
3		public comment; and
4		(11) measures to encourage diversity in hiring in the
5		workforce required to implement the plan as identified
6		under subsection (n).
7		(r) The Agency shall review final plans submitted to it
8		under subsection (p). The Agency shall approve a final plan if
9		the final plan includes all of the elements set forth under
10		subsection (q) and the Agency determines that:
11		(1) the proposed lead service line replacement
12		schedule set forth in the plan aligns with the timeline
13		requirements set forth under subsection (v);
14		(2) the plan prioritizes the replacement of lead
15		service lines that provide water service to high-risk
16		facilities, such as preschools, early care and education
17		day care centers, early care and education day care homes,
18		group early care and education day care homes, parks,
19		playgrounds, hospitals, and clinics, and high-risk areas
20		identified by the community water supply;
21		(3) the plan includes analysis of cost and financing
22		options; and
23		(4) the plan provides documentation of public review.
24		(s) An owner or operator of a community water supply has no
25		duty to include in the plans required under subsection (p)
26		information about service lines that are physically

HB3595 Enrolled - 922 - LRB104 08153 BAB 18201 b
1		disconnected from a water main in its distribution system.
2		(t) If a community water supply does not deliver a
3		complete plan to the Agency by April 15, 2027, the community
4		water supply may apply to the Agency for an extension no less
5		than 3 months prior to the due date. The Agency shall develop
6		criteria for granting plan extensions. When considering
7		requests for extension, the Agency shall, at a minimum,
8		consider:
9		(1) the number of service connections in a water
10		supply; and
11		(2) the number of service lines of an unknown material
12		composition.
13		(t-5) After the Agency has approved the final replacement
14		plan described in subsection (p), the owner or operator of a
15		community water supply shall submit a report detailing
16		progress toward plan goals to the Agency for its review. The
17		report shall be submitted annually for the first 10 years, and
18		every 3 years thereafter until all lead service lines have
19		been replaced. Reports under this subsection shall be
20		published in the same manner described in subsection (l). The
21		report shall include at least the following information as it
22		pertains to the preceding reporting period:
23		(1) The number of lead service lines replaced and the
24		average cost of lead service line replacement.
25		(2) Progress toward meeting hiring requirements as
26		described in subsection (n) and subsection (o).

HB3595 Enrolled - 923 - LRB104 08153 BAB 18201 b
1		(3) The percent of customers electing a waiver
2		offered, as described in subsections (ii) and (jj), among
3		those customers receiving a request or notification to
4		perform a lead service line replacement.
5		(4) The method or methods used by the community water
6		supply to finance lead service line replacement.
7		(u) Notwithstanding any other provision of law, in order
8		to provide for costs associated with lead service line
9		remediation and replacement, the corporate authorities of a
10		municipality may, by ordinance or resolution by the corporate
11		authorities, exercise authority provided in Section 27-5 et
12		seq. of the Property Tax Code and Sections 8-3-1, 8-11-1,
13		8-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq.,
14		11-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes
15		levied for this purpose shall be in addition to taxes for
16		general purposes authorized under Section 8-3-1 of the
17		Illinois Municipal Code and shall be included in the taxing
18		district's aggregate extension for the purposes of Division 5
19		of Article 18 of the Property Tax Code.
20		(v) Every owner or operator of a community water supply
21		shall replace all known lead service lines, subject to the
22		requirements of subsection (ff), according to the following
23		replacement rates and timelines to be calculated from the date
24		of submission of the final replacement plan to the Agency:
25		(1) A community water supply reporting 1,200 or fewer
26		lead service lines in its final inventory and replacement

HB3595 Enrolled - 924 - LRB104 08153 BAB 18201 b
1		plan shall replace all lead service lines, at an annual
2		rate of no less than 7% of the amount described in the
3		final inventory, with a timeline of up to 15 years for
4		completion.
5		(2) A community water supply reporting more than 1,200
6		but fewer than 5,000 lead service lines in its final
7		inventory and replacement plan shall replace all lead
8		service lines, at an annual rate of no less than 6% of the
9		amount described in the final inventory, with a timeline
10		of up to 17 years for completion.
11		(3) A community water supply reporting more than 4,999
12		but fewer than 10,000 lead service lines in its final
13		inventory and replacement plan shall replace all lead
14		service lines, at an annual rate of no less than 5% of the
15		amount described in the final inventory, with a timeline
16		of up to 20 years for completion.
17		(4) A community water supply reporting more than 9,999
18		but fewer than 99,999 lead service lines in its final
19		inventory and replacement plan shall replace all lead
20		service lines, at an annual rate of no less than 3% of the
21		amount described in the final inventory, with a timeline
22		of up to 34 years for completion.
23		(5) A community water supply reporting more than
24		99,999 lead service lines in its final inventory and
25		replacement plan shall replace all lead service lines, at
26		an annual rate of no less than 2% of the amount described

HB3595 Enrolled - 925 - LRB104 08153 BAB 18201 b
1		in the final inventory, with a timeline of up to 50 years
2		for completion.
3		(w) A community water supply may apply to the Agency for an
4		extension to the replacement timelines described in paragraphs
5		(1) through (5) of subsection (v). The Agency shall develop
6		criteria for granting replacement timeline extensions. When
7		considering requests for timeline extensions, the Agency
8		shall, at a minimum, consider:
9		(1) the number of service connections in a water
10		supply; and
11		(2) unusual circumstances creating hardship for a
12		community.
13		The Agency may grant one extension of additional time
14		equal to not more than 20% of the original replacement
15		timeline, except in situations of extreme hardship in which
16		the Agency may consider a second additional extension equal to
17		not more than 10% of the original replacement timeline.
18		Replacement rates and timelines shall be calculated from
19		the date of submission of the final plan to the Agency.
20		(x) The Lead Service Line Replacement Advisory Board is
21		created within the Agency. The Advisory Board shall convene
22		within 120 days after January 1, 2022 (the effective date of
23		Public Act 102-613).
24		The Advisory Board shall consist of at least 28 voting
25		members, as follows:
26		(1) the Director of the Agency, or his or her

HB3595 Enrolled - 926 - LRB104 08153 BAB 18201 b
1		designee, who shall serve as chairperson;
2		(2) the Director of Revenue, or his or her designee;
3		(3) the Director of Public Health, or his or her
4		designee;
5		(4) fifteen members appointed by the Agency as
6		follows:
7		(A) one member representing a statewide
8		organization of municipalities as authorized by
9		Section 1-8-1 of the Illinois Municipal Code;
10		(B) two members who are mayors representing
11		municipalities located in any county south of the
12		southernmost county represented by one of the 10
13		largest municipalities in Illinois by population, or
14		their respective designees;
15		(C) two members who are representatives from
16		public health advocacy groups;
17		(D) two members who are representatives from
18		publicly owned water utilities;
19		(E) one member who is a representative from a
20		public utility as defined under Section 3-105 of the
21		Public Utilities Act that provides water service in
22		the State of Illinois;
23		(F) one member who is a research professional
24		employed at an Illinois academic institution and
25		specializing in water infrastructure research;
26		(G) two members who are representatives from

HB3595 Enrolled - 927 - LRB104 08153 BAB 18201 b
1		nonprofit civic organizations;
2		(H) one member who is a representative from a
3		statewide organization representing environmental
4		organizations;
5		(I) two members who are representatives from
6		organized labor; and
7		(J) one member representing an environmental
8		justice organization; and
9		(5) ten members who are the mayors of the 10 largest
10		municipalities in Illinois by population, or their
11		respective designees.
12		No less than 10 of the 28 voting members shall be persons
13		of color, and no less than 3 shall represent communities
14		defined or self-identified as environmental justice
15		communities.
16		Advisory Board members shall serve without compensation,
17		but may be reimbursed for necessary expenses incurred in the
18		performance of their duties from funds appropriated for that
19		purpose. The Agency shall provide administrative support to
20		the Advisory Board.
21		The Advisory Board shall meet no less than once every 6
22		months.
23		(y) The Advisory Board shall have, at a minimum, the
24		following duties:
25		(1) advising the Agency on best practices in lead
26		service line replacement;

HB3595 Enrolled - 928 - LRB104 08153 BAB 18201 b
1		(2) reviewing the progress of community water supplies
2		toward lead service line replacement goals;
3		(3) advising the Agency on other matters related to
4		the administration of the provisions of this Section;
5		(4) advising the Agency on the integration of existing
6		lead service line replacement plans with any statewide
7		plan; and
8		(5) providing technical support and practical
9		expertise in general.
10		(z) Within 18 months after January 1, 2022 (the effective
11		date of Public Act 102-613), the Advisory Board shall deliver
12		a report of its recommendations to the Governor and the
13		General Assembly concerning opportunities for dedicated,
14		long-term revenue options for funding lead service line
15		replacement. In submitting recommendations, the Advisory Board
16		shall consider, at a minimum, the following:
17		(1) the sufficiency of various revenue sources to
18		adequately fund replacement of all lead service lines in
19		Illinois;
20		(2) the financial burden, if any, on households
21		falling below 150% of the federal poverty limit;
22		(3) revenue options that guarantee low-income
23		households are protected from rate increases;
24		(4) an assessment of the ability of community water
25		supplies to assess and collect revenue;
26		(5) variations in financial resources among individual

HB3595 Enrolled - 929 - LRB104 08153 BAB 18201 b
1		households within a service area; and
2		(6) the protection of low-income households from rate
3		increases.
4		(aa) Within 10 years after January 1, 2022 (the effective
5		date of Public Act 102-613), the Advisory Board shall prepare
6		and deliver a report to the Governor and General Assembly
7		concerning the status of all lead service line replacement
8		within the State.
9		(bb) The Lead Service Line Replacement Fund is created as
10		a special fund in the State treasury to be used by the Agency
11		for the purposes provided under this Section. The Fund shall
12		be used exclusively to finance and administer programs and
13		activities specified under this Section and listed under this
14		subsection.
15		The objective of the Fund is to finance activities
16		associated with identifying and replacing lead service lines,
17		build Agency capacity to oversee the provisions of this
18		Section, and provide related assistance for the activities
19		listed under this subsection.
20		The Agency shall be responsible for the administration of
21		the Fund and shall allocate moneys on the basis of priorities
22		established by the Agency through administrative rule. On July
23		1, 2022 and on July 1 of each year thereafter, the Agency shall
24		determine the available amount of resources in the Fund that
25		can be allocated to the activities identified under this
26		Section and shall allocate the moneys accordingly.

HB3595 Enrolled - 930 - LRB104 08153 BAB 18201 b
1		Notwithstanding any other law to the contrary, the Lead
2		Service Line Replacement Fund is not subject to sweeps,
3		administrative charge-backs, or any other fiscal maneuver that
4		would in any way transfer any amounts from the Lead Service
5		Line Replacement Fund into any other fund of the State.
6		(cc) Within one year after January 1, 2022 (the effective
7		date of Public Act 102-613), the Agency shall design rules for
8		a program for the purpose of administering lead service line
9		replacement funds. The rules must, at minimum, contain:
10		(1) the process by which community water supplies may
11		apply for funding; and
12		(2) the criteria for determining unit of local
13		government eligibility and prioritization for funding,
14		including the prevalence of low-income households, as
15		measured by median household income, the prevalence of
16		lead service lines, and the prevalence of water samples
17		that demonstrate elevated levels of lead.
18		(dd) Funding under subsection (cc) shall be available for
19		costs directly attributable to the planning, design, or
20		construction directly related to the replacement of lead
21		service lines and restoration of property.
22		Funding shall not be used for the general operating
23		expenses of a municipality or community water supply.
24		(ee) An owner or operator of any community water supply
25		receiving grant funding under subsection (cc) shall bear the
26		entire expense of full lead service line replacement for all

HB3595 Enrolled - 931 - LRB104 08153 BAB 18201 b
1		lead service lines in the scope of the grant.
2		(ff) When replacing a lead service line, the owner or
3		operator of the community water supply shall replace the
4		service line in its entirety, including, but not limited to,
5		any portion of the service line (i) running on private
6		property and (ii) within the building's plumbing at the first
7		shut-off valve. Partial lead service line replacements are
8		expressly prohibited. Exceptions shall be made under the
9		following circumstances:
10		(1) In the event of an emergency repair that affects a
11		lead service line or a suspected lead service line, a
12		community water supply must contact the building owner to
13		begin the process of replacing the entire service line. If
14		the building owner is not able to be contacted or the
15		building owner or occupant refuses to grant access and
16		permission to replace the entire service line at the time
17		of the emergency repair, then the community water supply
18		may perform a partial lead service line replacement. Where
19		an emergency repair on a service line constructed of lead
20		or galvanized steel pipe results in a partial service line
21		replacement, the water supply responsible for commencing
22		the repair shall perform the following:
23		(A) Notify the building's owner or operator and
24		the resident or residents served by the lead service
25		line in writing that a repair has been completed. The
26		notification shall include, at a minimum:

HB3595 Enrolled - 932 - LRB104 08153 BAB 18201 b
1		(i) a warning that the work may result in
2		sediment, possibly containing lead, in the
3		building's water supply system;
4		(ii) information concerning practices for
5		preventing the consumption of any lead in drinking
6		water, including a recommendation to flush water
7		distribution pipe during and after the completion
8		of the repair or replacement work and to clean
9		faucet aerator screens; and
10		(iii) information regarding the dangers of
11		lead to young children and pregnant women.
12		(B) Provide filters for at least one fixture
13		supplying potable water for consumption. The filter
14		must be certified by an accredited third-party
15		certification body to NSF/ANSI 53 and NSF/ANSI 42 for
16		the reduction of lead and particulate. The filter must
17		be provided until such time that the remaining
18		portions of the service line have been replaced with a
19		material approved by the Department or a waiver has
20		been issued under subsection (ii).
21		(C) Replace the remaining portion of the lead
22		service line within 30 days of the repair, or 120 days
23		in the event of weather or other circumstances beyond
24		reasonable control that prohibits construction. If a
25		complete lead service line replacement cannot be made
26		within the required period, the community water supply

HB3595 Enrolled - 933 - LRB104 08153 BAB 18201 b
1		responsible for commencing the repair shall notify the
2		Department in writing, at a minimum, of the following
3		within 24 hours of the repair:
4		(i) an explanation of why it is not feasible
5		to replace the remaining portion of the lead
6		service line within the allotted time; and
7		(ii) a timeline for when the remaining portion
8		of the lead service line will be replaced.
9		(D) If complete repair of a lead service line
10		cannot be completed due to denial by the property
11		owner, the community water supply commencing the
12		repair shall request the affected property owner to
13		sign a waiver developed by the Department. If a
14		property owner of a nonresidential building or
15		residence operating as rental properties denies a
16		complete lead service line replacement, the property
17		owner shall be responsible for installing and
18		maintaining point-of-use filters certified by an
19		accredited third-party certification body to NSF/ANSI
20		53 and NSF/ANSI 42 for the reduction of lead and
21		particulate at all fixtures intended to supply water
22		for the purposes of drinking, food preparation, or
23		making baby formula. The filters shall continue to be
24		supplied by the property owner until such time that
25		the property owner has affected the remaining portions
26		of the lead service line to be replaced.

HB3595 Enrolled - 934 - LRB104 08153 BAB 18201 b
1		(E) Document any remaining lead service line,
2		including a portion on the private side of the
3		property, in the community water supply's distribution
4		system materials inventory required under subsection
5		(d).
6		For the purposes of this paragraph (1), written notice
7		shall be provided in the method and according to the
8		provisions of subsection (jj).
9		(2) Lead service lines that are physically
10		disconnected from the distribution system are exempt from
11		this subsection.
12		(gg) Except as provided in subsection (hh), on and after
13		January 1, 2022, when the owner or operator of a community
14		water supply replaces a water main, the community water supply
15		shall identify all lead service lines connected to the water
16		main and shall replace the lead service lines by:
17		(1) identifying the material or materials of each lead
18		service line connected to the water main, including, but
19		not limited to, any portion of the service line (i)
20		running on private property and (ii) within the building
21		plumbing at the first shut-off valve or 18 inches inside
22		the building, whichever is shorter;
23		(2) in conjunction with replacement of the water main,
24		replacing any and all portions of each lead service line
25		connected to the water main that are composed of lead; and
26		(3) if a property owner or customer refuses to grant

HB3595 Enrolled - 935 - LRB104 08153 BAB 18201 b
1		access to the property, following prescribed notice
2		provisions as outlined in subsection (ff).
3		If an owner of a potentially affected building intends to
4		replace a portion of a lead service line or a galvanized
5		service line and the galvanized service line is or was
6		connected downstream to lead piping, then the owner of the
7		potentially affected building shall provide the owner or
8		operator of the community water supply with notice at least 45
9		days before commencing the work. In the case of an emergency
10		repair, the owner of the potentially affected building must
11		provide filters for each kitchen area that are certified by an
12		accredited third-party certification body to NSF/ANSI 53 and
13		NSF/ANSI 42 for the reduction of lead and particulate. If the
14		owner of the potentially affected building notifies the owner
15		or operator of the community water supply that replacement of
16		a portion of the lead service line after the emergency repair
17		is completed, then the owner or operator of the community
18		water supply shall replace the remainder of the lead service
19		line within 30 days after completion of the emergency repair.
20		A community water supply may take up to 120 days if necessary
21		due to weather conditions. If a replacement takes longer than
22		30 days, filters provided by the owner of the potentially
23		affected building must be replaced in accordance with the
24		manufacturer's recommendations. Partial lead service line
25		replacements by the owners of potentially affected buildings
26		are otherwise prohibited.

HB3595 Enrolled - 936 - LRB104 08153 BAB 18201 b
1		(hh) For municipalities with a population in excess of
2		1,000,000 inhabitants, the requirements of subsection (gg)
3		shall commence on January 1, 2023.
4		(ii) At least 45 days before conducting planned lead
5		service line replacement, the owner or operator of a community
6		water supply shall, by mail, attempt to contact the owner of
7		the potentially affected building serviced by the lead service
8		line to request access to the building and permission to
9		replace the lead service line in accordance with the lead
10		service line replacement plan. If the owner of the potentially
11		affected building does not respond to the request within 15
12		days after the request is sent, the owner or operator of the
13		community water supply shall attempt to post the request on
14		the entrance of the potentially affected building.
15		If the owner or operator of a community water supply is
16		unable to obtain approval to access and replace a lead service
17		line, the owner or operator of the community water supply
18		shall request that the owner of the potentially affected
19		building sign a waiver. The waiver shall be developed by the
20		Department and should be made available in the owner's
21		language. If the owner of the potentially affected building
22		refuses to sign the waiver or fails to respond to the community
23		water supply after the community water supply has complied
24		with this subsection, then the community water supply shall
25		notify the Department in writing within 15 working days.
26		(jj) When replacing a lead service line or repairing or

HB3595 Enrolled - 937 - LRB104 08153 BAB 18201 b
1		replacing water mains with lead service lines or partial lead
2		service lines attached to them, the owner or operator of a
3		community water supply shall provide the owner of each
4		potentially affected building that is serviced by the affected
5		lead service lines or partial lead service lines, as well as
6		the occupants of those buildings, with an individual written
7		notice. The notice shall be delivered by mail or posted at the
8		primary entranceway of the building. The notice must, in
9		addition, be electronically mailed where an electronic mailing
10		address is known or can be reasonably obtained. Written notice
11		shall include, at a minimum, the following:
12		(1) a warning that the work may result in sediment,
13		possibly containing lead from the service line, in the
14		building's water;
15		(2) information concerning the best practices for
16		preventing exposure to or risk of consumption of lead in
17		drinking water, including a recommendation to flush water
18		lines during and after the completion of the repair or
19		replacement work and to clean faucet aerator screens; and
20		(3) information regarding the dangers of lead exposure
21		to young children and pregnant women.
22		When the individual written notice described in the first
23		paragraph of this subsection is required as a result of
24		planned work other than the repair or replacement of a water
25		meter, the owner or operator of the community water supply
26		shall provide the notice not less than 14 days before work

HB3595 Enrolled - 938 - LRB104 08153 BAB 18201 b
1		begins. When the individual written notice described in the
2		first paragraph of this subsection is required as a result of
3		emergency repairs other than the repair or replacement of a
4		water meter, the owner or operator of the community water
5		supply shall provide the notice at the time the work is
6		initiated. When the individual written notice described in the
7		first paragraph of this subsection is required as a result of
8		the repair or replacement of a water meter, the owner or
9		operator of the community water supply shall provide the
10		notice at the time the work is initiated.
11		The notifications required under this subsection must
12		contain the following statement in Spanish, Polish, Chinese,
13		Tagalog, Arabic, Korean, German, Urdu, and Gujarati: "This
14		notice contains important information about your water service
15		and may affect your rights. We encourage you to have this
16		notice translated in full into a language you understand and
17		before you make any decisions that may be required under this
18		notice."
19		An owner or operator of a community water supply that is
20		required under this subsection to provide an individual
21		written notice to the owner and occupant of a potentially
22		affected building that is a multi-dwelling building may
23		satisfy that requirement and the requirements of this
24		subsection regarding notification to non-English speaking
25		customers by posting the required notice on the primary
26		entranceway of the building and at the location where the

HB3595 Enrolled - 939 - LRB104 08153 BAB 18201 b
1		occupant's mail is delivered as reasonably as possible.
2		When this subsection would require the owner or operator
3		of a community water supply to provide an individual written
4		notice to the entire community served by the community water
5		supply or would require the owner or operator of a community
6		water supply to provide individual written notices as a result
7		of emergency repairs or when the community water supply that
8		is required to comply with this subsection is a small system,
9		the owner or operator of the community water supply may
10		provide the required notice through local media outlets,
11		social media, or other similar means in lieu of providing the
12		individual written notices otherwise required under this
13		subsection.
14		No notifications are required under this subsection for
15		work performed on water mains that are used to transmit
16		treated water between community water supplies and properties
17		that have no service connections.
18		(kk) No community water supply that sells water to any
19		wholesale or retail consecutive community water supply may
20		pass on any costs associated with compliance with this Section
21		to consecutive systems.
22		(ll) To the extent allowed by law, when a community water
23		supply replaces or installs a lead service line in a public
24		right-of-way or enters into an agreement with a private
25		contractor for replacement or installation of a lead service
26		line, the community water supply shall be held harmless for

HB3595 Enrolled - 940 - LRB104 08153 BAB 18201 b
1		all damage to property when replacing or installing the lead
2		service line. If dangers are encountered that prevent the
3		replacement of the lead service line, the community water
4		supply shall notify the Department within 15 working days of
5		why the replacement of the lead service line could not be
6		accomplished.
7		(mm) The Agency may propose to the Board, and the Board may
8		adopt, any rules necessary to implement and administer this
9		Section. The Department may adopt rules necessary to address
10		lead service lines attached to non-community water supplies.
11		(nn) Notwithstanding any other provision in this Section,
12		no requirement in this Section shall be construed as being
13		less stringent than existing applicable federal requirements.
14		(oo) All lead service line replacements financed in whole
15		or in part with funds obtained under this Section shall be
16		considered public works for purposes of the Prevailing Wage
17		Act.
18		(pp) Beginning in 2023, each municipality with a
19		population of more than 1,000,000 inhabitants shall publicly
20		post on its website data describing progress the municipality
21		has made toward replacing lead service lines within the
22		municipality. The data required to be posted under this
23		subsection shall be the same information required to be
24		reported under paragraphs (1) through (4) of subsection (t-5)
25		of this Section. Beginning in 2024, each municipality that is
26		subject to this subsection shall annually update the data

HB3595 Enrolled - 941 - LRB104 08153 BAB 18201 b
1		posted on its website under this subsection. A municipality's
2		duty to post data under this subsection terminates only when
3		all lead service lines within the municipality have been
4		replaced. Nothing in this subsection (pp) shall be construed
5		to replace, undermine, conflict with, or otherwise amend the
6		responsibilities and requirements set forth in subsection
7		(t-5) of this Section.
8		(Source: P.A. 102-613, eff. 1-1-22; 102-813, eff. 5-13-22;
9		103-167, eff. 6-30-23; 103-605, eff. 7-1-24.)
10		Section 275. The Lawn Care Products Application and Notice
11		Act is amended by changing Sections 2, 3, and 6 as follows:
12		(415 ILCS 65/2)  (from Ch. 5, par. 852)
13		Sec. 2. Definitions.
14		For purposes of this Act:
15		"Application" means the spreading of lawn care products on
16		a lawn.
17		"Applicator for hire" means any person who makes an
18		application of lawn care products to a lawn or lawns for
19		compensation, including applications made by an employee to
20		lawns owned, occupied or managed by his employer and includes
21		those licensed by the Department as licensed commercial
22		applicators, commercial not-for-hire applicators, licensed
23		public applicators, certified applicators and licensed
24		operators and those otherwise subject to the licensure

HB3595 Enrolled - 942 - LRB104 08153 BAB 18201 b
1		provisions of the Illinois Pesticide Act, as now or hereafter
2		amended.
3		"Buffer" means an area adjacent to a body of water that is
4		left untreated with any fertilizer.
5		"Day care center" means any facility that qualifies as a "
6		day care center" under the Child Care Act of 1969.
7		"Department" means the Illinois Department of Agriculture.
8		"Department of Public Health" means the Illinois
9		Department of Public Health.
10		"Early care and education center" means any facility that
11		qualifies as an "early care and education center" under the
12		Child Care Act of 1969.
13		"Facility" means a building or structure and appurtenances
14		thereto used by an applicator for hire for storage and
15		handling of pesticides or the storage or maintenance of
16		pesticide application equipment or vehicles.
17		"Fertilizer" means any substance containing nitrogen,
18		phosphorus or potassium or other recognized plant nutrient or
19		compound, which is used for its plant nutrient content.
20		"Golf course" means an area designated for the play or
21		practice of the game of golf, including surrounding grounds,
22		trees, ornamental beds and the like.
23		"Golf course superintendent" means any person entrusted
24		with and employed for the care and maintenance of a golf
25		course.
26		"Impervious surface" means any structure, surface, or

HB3595 Enrolled - 943 - LRB104 08153 BAB 18201 b
1		improvement that reduces or prevents absorption of stormwater
2		into land, and includes pavement, porous paving, paver blocks,
3		gravel, crushed stone, decks, patios, elevated structures, and
4		other similar structures, surfaces, or improvements.
5		"Lawn" means land area covered with turf kept closely mown
6		or land area covered with turf and trees or shrubs. The term
7		does not include (1) land area used for research for
8		agricultural production or for the commercial production of
9		turf, (2) land area situated within a public or private
10		right-of-way, or (3) land area which is devoted to the
11		production of any agricultural commodity, including, but not
12		limited to plants and plant parts, livestock and poultry and
13		livestock or poultry products, seeds, sod, shrubs and other
14		products of agricultural origin raised for sale or for human
15		or livestock consumption.
16		"Lawn care products" means fertilizers or pesticides
17		applied or intended for application to lawns.
18		"Lawn repair products" means seeds, including seeding
19		soils, that contain or are coated with or encased in
20		fertilizer material.
21		"Person" means any individual, partnership, association,
22		corporation or State governmental agency, school district,
23		unit of local government and any agency thereof.
24		"Pesticide" means any substance or mixture of substances
25		defined as a pesticide under the Illinois Pesticide Act, as
26		now or hereafter amended.

HB3595 Enrolled - 944 - LRB104 08153 BAB 18201 b
1		"Plant protectants" means any substance or material used
2		to protect plants from infestation of insects, fungi, weeds
3		and rodents, or any other substance that would benefit the
4		overall health of plants.
5		"Soil test" means a chemical and mechanical analysis of
6		soil nutrient values and pH level as it relates to the soil and
7		development of a lawn.
8		"Spreader" means any commercially available fertilizing
9		device used to evenly distribute fertilizer material.
10		"Turf" means the upper stratum of soils bound by grass and
11		plant roots into a thick mat.
12		"0% phosphate fertilizer" means a fertilizer that contains
13		no more than 0.67% available phosphoric acid (P2O5).
14		(Source: P.A. 96-424, eff. 8-13-09; 96-1005, eff. 7-6-10.)
15		(415 ILCS 65/3)  (from Ch. 5, par. 853)
16		Sec. 3. Notification requirements for application of lawn
17		care products.
18		(a) Lawn Markers.
19		(1) Immediately following application of lawn care
20		products to a lawn, other than a golf course, an
21		applicator for hire shall place a lawn marker at the usual
22		point or points of entry.
23		(2) The lawn marker shall consist of a 4 inch by 5 inch
24		sign, vertical or horizontal, attached to the upper
25		portion of a dowel or other supporting device with the

HB3595 Enrolled - 945 - LRB104 08153 BAB 18201 b
1		bottom of the marker extending no less than 12 inches
2		above the turf.
3		(3) The lawn marker shall be white and lettering on
4		the lawn marker shall be in a contrasting color. The
5		marker shall state on one side, in letters of not less than
6		3/8 inch, the following: "LAWN CARE APPLICATION - STAY OFF
7		GRASS UNTIL DRY - FOR MORE INFORMATION CONTACT: (here
8		shall be inserted the name and business telephone number
9		of the applicator for hire)."
10		(4) The lawn marker shall be removed and discarded by
11		the property owner or resident, or such other person
12		authorized by the property owner or resident, on the day
13		following the application. The lawn marker shall not be
14		removed by any person other than the property owner or
15		resident or person designated by such property owner or
16		resident.
17		(5) For applications to residential properties of 2
18		families or less, the applicator for hire shall be
19		required to place lawn markers at the usual point or
20		points of entry.
21		(6) For applications to residential properties of 2
22		families or more, or for application to other commercial
23		properties, the applicator for hire shall place lawn
24		markers at the usual point or points of entry to the
25		property to provide notice that lawn care products have
26		been applied to the lawn.

HB3595 Enrolled - 946 - LRB104 08153 BAB 18201 b
1		(b) Notification requirement for application of plant
2		protectants on golf courses.
3		(1) Blanket posting procedure. Each golf course shall
4		post in a conspicuous place or places an all-weather
5		poster or placard stating to users of or visitors to the
6		golf course that from time to time plant protectants are
7		in use and additionally stating that if any questions or
8		concerns arise in relation thereto, the golf course
9		superintendent or his designee should be contacted to
10		supply the information contained in subsection (c) of this
11		Section.
12		(2) The poster or placard shall be prominently
13		displayed in the pro shop, locker rooms and first tee at
14		each golf course.
15		(3) The poster or placard shall be a minimum size of 8
16		1/2 by 11 inches and the lettering shall not be less than
17		1/2 inch.
18		(4) The poster or placard shall read: "PLANT
19		PROTECTANTS ARE PERIODICALLY APPLIED TO THIS GOLF COURSE.
20		IF DESIRED, YOU MAY CONTACT YOUR GOLF COURSE
21		SUPERINTENDENT FOR FURTHER INFORMATION."
22		(c) Information to Customers of Applicators for Hire. At
23		the time of application of lawn care products to a lawn, an
24		applicator for hire shall provide the following information to
25		the customer:
26		(1) The brand name, common name, and scientific name

HB3595 Enrolled - 947 - LRB104 08153 BAB 18201 b
1		of each lawn care product applied;
2		(2) The type of fertilizer or pesticide contained in
3		the lawn care product applied;
4		(3) The reason for use of each lawn care product
5		applied;
6		(4) The range of concentration of end use product
7		applied to the lawn and amount of material applied;
8		(5) Any special instruction appearing on the label of
9		the lawn care product applicable to the customer's use of
10		the lawn following application;
11		(6) The business name and telephone number of the
12		applicator for hire as well as the name of the person
13		actually applying lawn care products to the lawn; and
14		(7) Upon the request of a customer or any person whose
15		property abuts or is adjacent to the property of a
16		customer of an applicator for hire, a copy of the material
17		safety data sheet and approved pesticide registration
18		label for each applied lawn care product.
19		(d) Prior notification of application to lawn. In the case
20		of all lawns other than golf courses:
21		(1) Any neighbor whose property abuts or is adjacent
22		to the property of a customer of an applicator for hire may
23		receive prior notification of an application by contacting
24		the applicator for hire and providing his name, address
25		and telephone number.
26		(2) At least the day before a scheduled application,

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1		an applicator for hire shall provide notification to a
2		person who has requested notification pursuant to
3		paragraph (1) of this subsection (d), such notification to
4		be made in writing, in person or by telephone, disclosing
5		the date and approximate time of day of application.
6		(3) In the event that an applicator for hire is unable
7		to provide prior notification to a neighbor whose property
8		abuts or is adjacent to the property because of the
9		absence or inaccessibility of the individual, at the time
10		of application to a customer's lawn, the applicator for
11		hire shall leave a written notice at the residence of the
12		person requesting notification, which shall provide the
13		information specified in paragraph (2) of this subsection
14		(d).
15		(e) Prior notification of application to golf courses.
16		(1) Any landlord or resident with property that abuts
17		or is adjacent to a golf course may receive prior
18		notification of an application of lawn care products or
19		plant protectants, or both, by contacting the golf course
20		superintendent and providing his name, address and
21		telephone number.
22		(2) At least the day before a scheduled application of
23		lawn care products or plant protectants, or both, the golf
24		course superintendent shall provide notification to any
25		person who has requested notification pursuant to
26		paragraph (1) of this subsection (e), such notification to

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1		be made in writing, in person or by telephone, disclosing
2		the date and approximate time of day of application.
3		(3) In the event that the golf course superintendent
4		is unable to provide prior notification to a landlord or
5		resident because of the absence or inaccessibility, at the
6		time of application, of the landlord or resident, the golf
7		course superintendent shall leave a written notice with
8		the landlord or at the residence which shall provide the
9		information specified in paragraph (2) of this subsection
10		(e).
11		(f) Notification for applications of pesticides to early
12		care and education day care center grounds other than early
13		care and education day care center structures and school
14		grounds other than school structures.
15		(1) The owner or operator of an early care and
16		education a day care center must either (i) maintain a
17		registry of parents and guardians of children in his or
18		her care who have registered to receive written
19		notification before the application of pesticide to early
20		care and education day care center grounds and notify
21		persons on that registry before applying pesticides or
22		having pesticide applied to early care and education day
23		care center grounds or (ii) provide written or telephonic
24		notice to all parents and guardians of children in his or
25		her care before applying pesticide or having pesticide
26		applied to early care and education day care center

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1		grounds.
2		(2) School districts must either (i) maintain a
3		registry of parents and guardians of students who have
4		registered to receive written or telephonic notification
5		before the application of pesticide to school grounds and
6		notify persons on that list before applying pesticide or
7		having pesticide applied to school grounds or (ii) provide
8		written or telephonic notification to all parents and
9		guardians of students before applying pesticide or having
10		pesticide applied to school grounds.
11		(3) Written notification required under item (1) or
12		(2) of subsection (f) of this Section may be included in
13		newsletters, calendars, or other correspondence currently
14		published by the school district, but posting on a
15		bulletin board is not sufficient. The written or
16		telephonic notification must be given at least 4 business
17		days before application of the pesticide and should
18		identify the intended date of the application of the
19		pesticide and the name and telephone contact number for
20		the school personnel responsible for the pesticide
21		application program or, in the case of early care and
22		education a day care center, the owner or operator of the
23		early care and education day care center. Prior notice
24		shall not be required if there is imminent threat to
25		health or property. If such a situation arises, the
26		appropriate school personnel or, in the case of an early

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1		care and education a day care center, the owner or
2		operator of the early care and education day care center
3		must sign a statement describing the circumstances that
4		gave rise to the health threat and ensure that written or
5		telephonic notice is provided as soon as practicable.
6		(Source: P.A. 96-424, eff. 8-13-09.)
7		(415 ILCS 65/6)  (from Ch. 5, par. 856)
8		Sec. 6. This Act shall be administered and enforced by the
9		Department. The Department may promulgate rules and
10		regulations as necessary for the enforcement of this Act. The
11		Department of Public Health must inform school boards and the
12		owners and operators of early care and education day care
13		centers about the provisions of this Act that are applicable
14		to school districts and early care and education day care
15		centers, and it must inform school boards about the
16		requirements contained in Sections 10-20.49 and 34-18.40 of
17		the School Code. The Department of Public Health must
18		recommend that early care and education day care centers and
19		schools use a pesticide-free turf care program to maintain
20		their turf. The Department of Public Health must also report
21		violations of this Act of which it becomes aware to the
22		Department for enforcement.
23		(Source: P.A. 96-424, eff. 8-13-09; 96-1000, eff. 7-2-10.)
24		Section 278. The Space Heating Safety Act is amended by

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1		changing Section 9 as follows:
2		(425 ILCS 65/9)  (from Ch. 127 1/2, par. 709)
3		Sec. 9. Prohibited use of kerosene heaters. The use of
4		kerosene fueled heaters will be prohibited under any
5		circumstances in the following types of structures:
6		(i) nursing homes or convalescent centers;
7		(ii) early care and education day-care centers having
8		children present;
9		(iii) any type of center for persons with
10		disabilities;
11		(iv) common areas of multifamily dwellings;
12		(v) hospitals;
13		(vi) structures more than 3 stories in height; and
14		(vii) structures open to the public which have a
15		capacity for 50 or more persons.
16		(Source: P.A. 99-143, eff. 7-27-15.)
17		Section 280. The Firearm Dealer License Certification Act
18		is amended by changing Section 5-20 as follows:
19		(430 ILCS 68/5-20)
20		Sec. 5-20. Additional licensee requirements.
21		(a) A certified licensee shall make a photo copy of a
22		buyer's or transferee's valid photo identification card
23		whenever a firearm sale transaction takes place. The photo

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1		copy shall be attached to the documentation detailing the
2		record of sale.
3		(b) A certified licensee shall post in a conspicuous
4		position on the premises where the licensee conducts business
5		a sign that contains the following warning in block letters
6		not less than one inch in height:
7		"With few exceptions enumerated in the Firearm Owners
8		Identification Card Act, it is unlawful for you to:
9		(A) store or leave an unsecured firearm in a place
10		where a child can obtain access to it;
11		(B) sell or transfer your firearm to someone else
12		without receiving approval for the transfer from the
13		Illinois State Police, or
14		(C) fail to report the loss or theft of your
15		firearm to local law enforcement within 48 hours.".
16		This sign shall be created by the Illinois State Police and
17		made available for printing or downloading from the Illinois
18		State Police's website.
19		(c) No retail location established after the effective
20		date of this Act shall be located within 500 feet of any
21		school, pre-school, or early care and education provider's
22		location day care facility in existence at its location before
23		the retail location is established as measured from the
24		nearest corner of the building holding the retail location to
25		the corner of the school, pre-school, or early care and
26		education provider's location day care facility building

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1		nearest the retail location at the time the retail location
2		seeks licensure.
3		(d) A certified dealer who sells or transfers a firearm
4		shall notify the purchaser or the recipient, orally and in
5		writing, in both English and Spanish, at the time of the sale
6		or transfer, that the owner of a firearm is required to report
7		a lost or stolen firearm to local law enforcement within 48
8		hours after the owner first discovers the loss or theft. The
9		Illinois State Police shall create a written notice, in both
10		English and Spanish, that certified dealers shall provide
11		firearm purchasers or transferees in accordance with this
12		provision and make such notice available for printing or
13		downloading from the Illinois State Police website.
14		(Source: P.A. 104-31, eff. 1-1-26.)
15		Section 285. The Illinois Vehicle Code is amended by
16		changing Sections 6-205, 6-206, and 12-707.01 as follows:
17		(625 ILCS 5/6-205)
18		Sec. 6-205. Mandatory revocation of license or permit;
19		hardship cases.
20		(a) Except as provided in this Section, the Secretary of
21		State shall immediately revoke the license, permit, or driving
22		privileges of any driver upon receiving a report of the
23		driver's conviction of any of the following offenses:
24		1. Reckless homicide resulting from the operation of a

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1		motor vehicle;
2		2. Violation of Section 11-501 of this Code or a
3		similar provision of a local ordinance relating to the
4		offense of operating or being in physical control of a
5		vehicle while under the influence of alcohol, other drug
6		or drugs, intoxicating compound or compounds, or any
7		combination thereof;
8		3. Any felony under the laws of any State or the
9		federal government in the commission of which a motor
10		vehicle was used;
11		4. Violation of Section 11-401 of this Code relating
12		to the offense of leaving the scene of a traffic crash
13		involving death or personal injury;
14		5. Perjury or the making of a false affidavit or
15		statement under oath to the Secretary of State under this
16		Code or under any other law relating to the ownership or
17		operation of motor vehicles;
18		6. Conviction upon 3 charges of violation of Section
19		11-503 of this Code relating to the offense of reckless
20		driving committed within a period of 12 months;
21		7. Conviction of any offense defined in Section 4-102
22		of this Code if the person exercised actual physical
23		control over the vehicle during the commission of the
24		offense;
25		8. Violation of Section 11-504 of this Code relating
26		to the offense of drag racing;

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1		9. Violation of Chapters 8 and 9 of this Code;
2		10. Violation of Section 12-5 of the Criminal Code of
3		1961 or the Criminal Code of 2012 arising from the use of a
4		motor vehicle;
5		11. Violation of Section 11-204.1 of this Code
6		relating to aggravated fleeing or attempting to elude a
7		peace officer;
8		12. Violation of paragraph (1) of subsection (b) of
9		Section 6-507, or a similar law of any other state,
10		relating to the unlawful operation of a commercial motor
11		vehicle;
12		13. Violation of paragraph (a) of Section 11-502 of
13		this Code or a similar provision of a local ordinance if
14		the driver has been previously convicted of a violation of
15		that Section or a similar provision of a local ordinance
16		and the driver was less than 21 years of age at the time of
17		the offense;
18		14. Violation of paragraph (a) of Section 11-506 of
19		this Code or a similar provision of a local ordinance
20		relating to the offense of street racing;
21		15. A second or subsequent conviction of driving while
22		the person's driver's license, permit or privileges was
23		revoked for reckless homicide or a similar out-of-state
24		offense;
25		16. Any offense against any provision in this Code, or
26		any local ordinance, regulating the movement of traffic

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1		when that offense was the proximate cause of the death of
2		any person. Any person whose driving privileges have been
3		revoked pursuant to this paragraph may seek to have the
4		revocation terminated or to have the length of revocation
5		reduced by requesting an administrative hearing with the
6		Secretary of State prior to the projected driver's license
7		application eligibility date;
8		17. Violation of subsection (a-2) of Section 11-1301.3
9		of this Code or a similar provision of a local ordinance;
10		18. A second or subsequent conviction of illegal
11		possession, while operating or in actual physical control,
12		as a driver, of a motor vehicle, of any controlled
13		substance prohibited under the Illinois Controlled
14		Substances Act, any cannabis prohibited under the Cannabis
15		Control Act, or any methamphetamine prohibited under the
16		Methamphetamine Control and Community Protection Act. A
17		defendant found guilty of this offense while operating a
18		motor vehicle shall have an entry made in the court record
19		by the presiding judge that this offense did occur while
20		the defendant was operating a motor vehicle and order the
21		clerk of the court to report the violation to the
22		Secretary of State;
23		19. Violation of subsection (a) of Section 11-1414 of
24		this Code, or a similar provision of a local ordinance,
25		relating to the offense of overtaking or passing of a
26		school bus when the driver, in committing the violation,

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1		is involved in a motor vehicle crash that results in death
2		to another and the violation is a proximate cause of the
3		death.
4		(b) The Secretary of State shall also immediately revoke
5		the license or permit of any driver in the following
6		situations:
7		1. Of any minor upon receiving the notice provided for
8		in Section 5-901 of the Juvenile Court Act of 1987 that the
9		minor has been adjudicated under that Act as having
10		committed an offense relating to motor vehicles prescribed
11		in Section 4-103 of this Code;
12		2. Of any person when any other law of this State
13		requires either the revocation or suspension of a license
14		or permit;
15		3. Of any person adjudicated under the Juvenile Court
16		Act of 1987 based on an offense determined to have been
17		committed in furtherance of the criminal activities of an
18		organized gang as provided in Section 5-710 of that Act,
19		and that involved the operation or use of a motor vehicle
20		or the use of a driver's license or permit. The revocation
21		shall remain in effect for the period determined by the
22		court.
23		(c)(1) Whenever a person is convicted of any of the
24		offenses enumerated in this Section, the court may recommend
25		and the Secretary of State in his discretion, without regard
26		to whether the recommendation is made by the court may, upon

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1		application, issue to the person a restricted driving permit
2		granting the privilege of driving a motor vehicle between the
3		petitioner's residence and petitioner's place of employment or
4		within the scope of the petitioner's employment related
5		duties, or to allow the petitioner to transport himself or
6		herself or a family member of the petitioner's household to a
7		medical facility for the receipt of necessary medical care or
8		to allow the petitioner to transport himself or herself to and
9		from alcohol or drug remedial or rehabilitative activity
10		recommended by a licensed service provider, or to allow the
11		petitioner to transport himself or herself or a family member
12		of the petitioner's household to classes, as a student, at an
13		accredited educational institution, or to allow the petitioner
14		to transport children, elderly persons, or persons with
15		disabilities who do not hold driving privileges and are living
16		in the petitioner's household to and from early care and
17		education daycare; if the petitioner is able to demonstrate
18		that no alternative means of transportation is reasonably
19		available and that the petitioner will not endanger the public
20		safety or welfare; provided that the Secretary's discretion
21		shall be limited to cases where undue hardship, as defined by
22		the rules of the Secretary of State, would result from a
23		failure to issue the restricted driving permit.
24		(1.5) A person subject to the provisions of paragraph 4 of
25		subsection (b) of Section 6-208 of this Code may make
26		application for a restricted driving permit at a hearing

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1		conducted under Section 2-118 of this Code after the
2		expiration of 5 years from the effective date of the most
3		recent revocation, or after 5 years from the date of release
4		from a period of imprisonment resulting from a conviction of
5		the most recent offense, whichever is later, provided the
6		person, in addition to all other requirements of the
7		Secretary, shows by clear and convincing evidence:
8		(A) a minimum of 3 years of uninterrupted abstinence
9		from alcohol and the unlawful use or consumption of
10		cannabis under the Cannabis Control Act, a controlled
11		substance under the Illinois Controlled Substances Act, an
12		intoxicating compound under the Use of Intoxicating
13		Compounds Act, or methamphetamine under the
14		Methamphetamine Control and Community Protection Act; and
15		(B) the successful completion of any rehabilitative
16		treatment and involvement in any ongoing rehabilitative
17		activity that may be recommended by a properly licensed
18		service provider according to an assessment of the
19		person's alcohol or drug use under Section 11-501.01 of
20		this Code.
21		In determining whether an applicant is eligible for a
22		restricted driving permit under this paragraph (1.5), the
23		Secretary may consider any relevant evidence, including, but
24		not limited to, testimony, affidavits, records, and the
25		results of regular alcohol or drug tests. Persons subject to
26		the provisions of paragraph 4 of subsection (b) of Section

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1		6-208 of this Code and who have been convicted of more than one
2		violation of paragraph (3), paragraph (4), or paragraph (5) of
3		subsection (a) of Section 11-501 of this Code shall not be
4		eligible to apply for a restricted driving permit.
5		A restricted driving permit issued under this paragraph
6		(1.5) shall provide that the holder may only operate motor
7		vehicles equipped with an ignition interlock device as
8		required under paragraph (2) of subsection (c) of this Section
9		and subparagraph (A) of paragraph 3 of subsection (c) of
10		Section 6-206 of this Code. The Secretary may revoke a
11		restricted driving permit or amend the conditions of a
12		restricted driving permit issued under this paragraph (1.5) if
13		the holder operates a vehicle that is not equipped with an
14		ignition interlock device, or for any other reason authorized
15		under this Code.
16		A restricted driving permit issued under this paragraph
17		(1.5) shall be revoked, and the holder barred from applying
18		for or being issued a restricted driving permit in the future,
19		if the holder is subsequently convicted of a violation of
20		Section 11-501 of this Code, a similar provision of a local
21		ordinance, or a similar offense in another state.
22		(2) If a person's license or permit is revoked or
23		suspended due to 2 or more convictions of violating Section
24		11-501 of this Code or a similar provision of a local ordinance
25		or a similar out-of-state offense, or Section 9-3 of the
26		Criminal Code of 1961 or the Criminal Code of 2012, where the

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

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1		offense, or a similar provision of a law of another state;
2		that person, if issued a restricted driving permit, may not
3		operate a vehicle unless it has been equipped with an ignition
4		interlock device as defined in Section 1-129.1.
5		(4) The person issued a permit conditioned on the use of an
6		ignition interlock device must pay to the Secretary of State
7		DUI Administration Fund an amount not to exceed $30 per month.
8		The Secretary shall establish by rule the amount and the
9		procedures, terms, and conditions relating to these fees.
10		(5) If the restricted driving permit is issued for
11		employment purposes, then the prohibition against operating a
12		motor vehicle that is not equipped with an ignition interlock
13		device does not apply to the operation of an occupational
14		vehicle owned or leased by that person's employer when used
15		solely for employment purposes. For any person who, within a
16		5-year period, is convicted of a second or subsequent offense
17		under Section 11-501 of this Code, or a similar provision of a
18		local ordinance or similar out-of-state offense, this
19		employment exemption does not apply until either a one-year
20		period has elapsed during which that person had his or her
21		driving privileges revoked or a one-year period has elapsed
22		during which that person had a restricted driving permit which
23		required the use of an ignition interlock device on every
24		motor vehicle owned or operated by that person.
25		(6) In each case the Secretary of State may issue a
26		restricted driving permit for a period he deems appropriate,

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1		except that the permit shall expire no later than 2 years from
2		the date of issuance. A restricted driving permit issued under
3		this Section shall be subject to cancellation, revocation, and
4		suspension by the Secretary of State in like manner and for
5		like cause as a driver's license issued under this Code may be
6		cancelled, revoked, or suspended; except that a conviction
7		upon one or more offenses against laws or ordinances
8		regulating the movement of traffic shall be deemed sufficient
9		cause for the revocation, suspension, or cancellation of a
10		restricted driving permit. The Secretary of State may, as a
11		condition to the issuance of a restricted driving permit,
12		require the petitioner to participate in a designated driver
13		remedial or rehabilitative program. The Secretary of State is
14		authorized to cancel a restricted driving permit if the permit
15		holder does not successfully complete the program. However, if
16		an individual's driving privileges have been revoked in
17		accordance with paragraph 13 of subsection (a) of this
18		Section, no restricted driving permit shall be issued until
19		the individual has served 6 months of the revocation period.
20		(c-5) (Blank).
21		(c-6) If a person is convicted of a second violation of
22		operating a motor vehicle while the person's driver's license,
23		permit or privilege was revoked, where the revocation was for
24		a violation of Section 9-3 of the Criminal Code of 1961 or the
25		Criminal Code of 2012 relating to the offense of reckless
26		homicide or a similar out-of-state offense, the person's

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1		driving privileges shall be revoked pursuant to subdivision
2		(a)(15) of this Section. The person may not make application
3		for a license or permit until the expiration of five years from
4		the effective date of the revocation or the expiration of five
5		years from the date of release from a term of imprisonment,
6		whichever is later.
7		(c-7) If a person is convicted of a third or subsequent
8		violation of operating a motor vehicle while the person's
9		driver's license, permit or privilege was revoked, where the
10		revocation was for a violation of Section 9-3 of the Criminal
11		Code of 1961 or the Criminal Code of 2012 relating to the
12		offense of reckless homicide or a similar out-of-state
13		offense, the person may never apply for a license or permit.
14		(d)(1) Whenever a person under the age of 21 is convicted
15		under Section 11-501 of this Code or a similar provision of a
16		local ordinance or a similar out-of-state offense, the
17		Secretary of State shall revoke the driving privileges of that
18		person. One year after the date of revocation, and upon
19		application, the Secretary of State may, if satisfied that the
20		person applying will not endanger the public safety or
21		welfare, issue a restricted driving permit granting the
22		privilege of driving a motor vehicle only between the hours of
23		5 a.m. and 9 p.m. or as otherwise provided by this Section for
24		a period of one year. After this one-year period, and upon
25		reapplication for a license as provided in Section 6-106, upon
26		payment of the appropriate reinstatement fee provided under

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1		paragraph (b) of Section 6-118, the Secretary of State, in his
2		discretion, may reinstate the petitioner's driver's license
3		and driving privileges, or extend the restricted driving
4		permit as many times as the Secretary of State deems
5		appropriate, by additional periods of not more than 24 months
6		each.
7		(2) If a person's license or permit is revoked or
8		suspended due to 2 or more convictions of violating Section
9		11-501 of this Code or a similar provision of a local ordinance
10		or a similar out-of-state offense, or Section 9-3 of the
11		Criminal Code of 1961 or the Criminal Code of 2012, where the
12		use of alcohol or other drugs is recited as an element of the
13		offense, or a similar out-of-state offense, or a combination
14		of these offenses, arising out of separate occurrences, that
15		person, if issued a restricted driving permit, may not operate
16		a vehicle unless it has been equipped with an ignition
17		interlock device as defined in Section 1-129.1.
18		(3) If a person's license or permit is revoked or
19		suspended 2 or more times due to any combination of:
20		(A) a single conviction of violating Section 11-501 of
21		this Code or a similar provision of a local ordinance or a
22		similar out-of-state offense, or Section 9-3 of the
23		Criminal Code of 1961 or the Criminal Code of 2012, where
24		the use of alcohol or other drugs is recited as an element
25		of the offense, or a similar out-of-state offense; or
26		(B) a statutory summary suspension or revocation under

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1		Section 11-501.1; or
2		(C) a suspension pursuant to Section 6-203.1;
3		arising out of separate occurrences, that person, if issued a
4		restricted driving permit, may not operate a vehicle unless it
5		has been equipped with an ignition interlock device as defined
6		in Section 1-129.1.
7		(3.5) If a person's license or permit is revoked or
8		suspended due to a conviction for a violation of subparagraph
9		(C) or (F) of paragraph (1) of subsection (d) of Section 11-501
10		of this Code, or a similar provision of a local ordinance or
11		similar out-of-state offense, that person, if issued a
12		restricted driving permit, may not operate a vehicle unless it
13		has been equipped with an ignition interlock device as defined
14		in Section 1-129.1.
15		(4) The person issued a permit conditioned upon the use of
16		an interlock device must pay to the Secretary of State DUI
17		Administration Fund an amount not to exceed $30 per month. The
18		Secretary shall establish by rule the amount and the
19		procedures, terms, and conditions relating to these fees.
20		(5) If the restricted driving permit is issued for
21		employment purposes, then the prohibition against driving a
22		vehicle that is not equipped with an ignition interlock device
23		does not apply to the operation of an occupational vehicle
24		owned or leased by that person's employer when used solely for
25		employment purposes. For any person who, within a 5-year
26		period, is convicted of a second or subsequent offense under

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1		Section 11-501 of this Code, or a similar provision of a local
2		ordinance or similar out-of-state offense, this employment
3		exemption does not apply until either a one-year period has
4		elapsed during which that person had his or her driving
5		privileges revoked or a one-year period has elapsed during
6		which that person had a restricted driving permit which
7		required the use of an ignition interlock device on every
8		motor vehicle owned or operated by that person.
9		(6) A restricted driving permit issued under this Section
10		shall be subject to cancellation, revocation, and suspension
11		by the Secretary of State in like manner and for like cause as
12		a driver's license issued under this Code may be cancelled,
13		revoked, or suspended; except that a conviction upon one or
14		more offenses against laws or ordinances regulating the
15		movement of traffic shall be deemed sufficient cause for the
16		revocation, suspension, or cancellation of a restricted
17		driving permit.
18		(d-5) The revocation of the license, permit, or driving
19		privileges of a person convicted of a third or subsequent
20		violation of Section 6-303 of this Code committed while his or
21		her driver's license, permit, or privilege was revoked because
22		of a violation of Section 9-3 of the Criminal Code of 1961 or
23		the Criminal Code of 2012, relating to the offense of reckless
24		homicide, or a similar provision of a law of another state, is
25		permanent. The Secretary may not, at any time, issue a license
26		or permit to that person.

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1		(e) This Section is subject to the provisions of the
2		Driver License Compact.
3		(f) Any revocation imposed upon any person under
4		subsections 2 and 3 of paragraph (b) that is in effect on
5		December 31, 1988 shall be converted to a suspension for a like
6		period of time.
7		(g) The Secretary of State shall not issue a restricted
8		driving permit to a person under the age of 16 years whose
9		driving privileges have been revoked under any provisions of
10		this Code.
11		(h) The Secretary of State shall require the use of
12		ignition interlock devices for a period not less than 5 years
13		on all vehicles owned by a person who has been convicted of a
14		second or subsequent offense under Section 11-501 of this Code
15		or a similar provision of a local ordinance. The person must
16		pay to the Secretary of State DUI Administration Fund an
17		amount not to exceed $30 for each month that he or she uses the
18		device. The Secretary shall establish by rule and regulation
19		the procedures for certification and use of the interlock
20		system, the amount of the fee, and the procedures, terms, and
21		conditions relating to these fees. During the time period in
22		which a person is required to install an ignition interlock
23		device under this subsection (h), that person shall only
24		operate vehicles in which ignition interlock devices have been
25		installed, except as allowed by subdivision (c)(5) or (d)(5)
26		of this Section. Regardless of whether an exemption under

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1		subdivision (c) (5) or (d) (5) applies, every person subject
2		to this subsection shall not be eligible for reinstatement
3		until the person installs an ignition interlock device and
4		maintains the ignition interlock device for 5 years.
5		(i) (Blank).
6		(j) In accordance with 49 C.F.R. 384, the Secretary of
7		State may not issue a restricted driving permit for the
8		operation of a commercial motor vehicle to a person holding a
9		CDL whose driving privileges have been revoked, suspended,
10		cancelled, or disqualified under any provisions of this Code.
11		(k) The Secretary of State shall notify by mail any person
12		whose driving privileges have been revoked under paragraph 16
13		of subsection (a) of this Section that his or her driving
14		privileges and driver's license will be revoked 90 days from
15		the date of the mailing of the notice.
16		(Source: P.A. 101-623, eff. 7-1-20; 102-299, eff. 8-6-21;
17		102-982, eff. 7-1-23.)
18		(625 ILCS 5/6-206)
19		(Text of Section before amendment by P.A. 104-400)
20		Sec. 6-206. Discretionary authority to suspend or revoke
21		license or permit; right to a hearing.
22		(a) The Secretary of State is authorized to suspend or
23		revoke the driving privileges of any person without
24		preliminary hearing upon a showing of the person's records or
25		other sufficient evidence that the person:

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1		1. Has committed an offense for which mandatory
2		revocation of a driver's license or permit is required
3		upon conviction;
4		2. Has been convicted of not less than 3 offenses
5		against traffic regulations governing the movement of
6		vehicles committed within any 12-month period. No
7		revocation or suspension shall be entered more than 6
8		months after the date of last conviction;
9		3. Has been repeatedly involved as a driver in motor
10		vehicle collisions or has been repeatedly convicted of
11		offenses against laws and ordinances regulating the
12		movement of traffic, to a degree that indicates lack of
13		ability to exercise ordinary and reasonable care in the
14		safe operation of a motor vehicle or disrespect for the
15		traffic laws and the safety of other persons upon the
16		highway;
17		4. Has by the unlawful operation of a motor vehicle
18		caused or contributed to a crash resulting in injury
19		requiring immediate professional treatment in a medical
20		facility or doctor's office to any person, except that any
21		suspension or revocation imposed by the Secretary of State
22		under the provisions of this subsection shall start no
23		later than 6 months after being convicted of violating a
24		law or ordinance regulating the movement of traffic, which
25		violation is related to the crash, or shall start not more
26		than one year after the date of the crash, whichever date

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1		occurs later;
2		5. Has permitted an unlawful or fraudulent use of a
3		driver's license, identification card, or permit;
4		6. Has been lawfully convicted of an offense or
5		offenses in another state, including the authorization
6		contained in Section 6-203.1, which if committed within
7		this State would be grounds for suspension or revocation;
8		7. Has refused or failed to submit to an examination
9		provided for by Section 6-207 or has failed to pass the
10		examination;
11		8. Is ineligible for a driver's license or permit
12		under the provisions of Section 6-103;
13		9. Has made a false statement or knowingly concealed a
14		material fact or has used false information or
15		identification in any application for a license,
16		identification card, or permit;
17		10. Has possessed, displayed, or attempted to
18		fraudulently use any license, identification card, or
19		permit not issued to the person;
20		11. Has operated a motor vehicle upon a highway of
21		this State when the person's driving privilege or
22		privilege to obtain a driver's license or permit was
23		revoked or suspended unless the operation was authorized
24		by a monitoring device driving permit, judicial driving
25		permit issued prior to January 1, 2009, probationary
26		license to drive, or restricted driving permit issued

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1		under this Code;
2		12. Has submitted to any portion of the application
3		process for another person or has obtained the services of
4		another person to submit to any portion of the application
5		process for the purpose of obtaining a license,
6		identification card, or permit for some other person;
7		13. Has operated a motor vehicle upon a highway of
8		this State when the person's driver's license or permit
9		was invalid under the provisions of Sections 6-107.1 and
10		6-110;
11		14. Has committed a violation of Section 6-301,
12		6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
13		14B of the Illinois Identification Card Act or a similar
14		offense in another state if, at the time of the offense,
15		the person held an Illinois driver's license or
16		identification card;
17		15. Has been convicted of violating Section 21-2 of
18		the Criminal Code of 1961 or the Criminal Code of 2012
19		relating to criminal trespass to vehicles if the person
20		exercised actual physical control over the vehicle during
21		the commission of the offense, in which case the
22		suspension shall be for one year;
23		16. Has been convicted of violating Section 11-204 of
24		this Code relating to fleeing from a peace officer;
25		17. Has refused to submit to a test, or tests, as
26		required under Section 11-501.1 of this Code and the

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1		person has not sought a hearing as provided for in Section
2		11-501.1;
3		18. (Blank);
4		19. Has committed a violation of paragraph (a) or (b)
5		of Section 6-101 relating to driving without a driver's
6		license;
7		20. Has been convicted of violating Section 6-104
8		relating to classification of driver's license;
9		21. Has been convicted of violating Section 11-402 of
10		this Code relating to leaving the scene of a crash
11		resulting in damage to a vehicle in excess of $1,000, in
12		which case the suspension shall be for one year;
13		22. Has used a motor vehicle in violating paragraph
14		(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
15		the Criminal Code of 1961 or the Criminal Code of 2012
16		relating to unlawful possession of weapons, in which case
17		the suspension shall be for one year;
18		23. Has, as a driver, been convicted of committing a
19		violation of paragraph (a) of Section 11-502 of this Code
20		for a second or subsequent time within one year of a
21		similar violation;
22		24. Has been convicted by a court-martial or punished
23		by non-judicial punishment by military authorities of the
24		United States at a military installation in Illinois or in
25		another state of or for a traffic-related offense that is
26		the same as or similar to an offense specified under

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1		Section 6-205 or 6-206 of this Code;
2		25. Has permitted any form of identification to be
3		used by another in the application process in order to
4		obtain or attempt to obtain a license, identification
5		card, or permit;
6		26. Has altered or attempted to alter a license or has
7		possessed an altered license, identification card, or
8		permit;
9		27. (Blank);
10		28. Has been convicted for a first time of the illegal
11		possession, while operating or in actual physical control,
12		as a driver, of a motor vehicle, of any controlled
13		substance prohibited under the Illinois Controlled
14		Substances Act, any cannabis prohibited under the Cannabis
15		Control Act, or any methamphetamine prohibited under the
16		Methamphetamine Control and Community Protection Act, in
17		which case the person's driving privileges shall be
18		suspended for one year. Any defendant found guilty of this
19		offense while operating a motor vehicle shall have an
20		entry made in the court record by the presiding judge that
21		this offense did occur while the defendant was operating a
22		motor vehicle and order the clerk of the court to report
23		the violation to the Secretary of State;
24		29. Has been convicted of the following offenses that
25		were committed while the person was operating or in actual
26		physical control, as a driver, of a motor vehicle:

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1		criminal sexual assault, predatory criminal sexual assault
2		of a child, aggravated criminal sexual assault, criminal
3		sexual abuse, aggravated criminal sexual abuse, juvenile
4		pimping, soliciting for a sexually exploited child,
5		promoting commercial sexual exploitation of a child as
6		described in subdivision (a)(1), (a)(2), or (a)(3) of
7		Section 11-14.4 of the Criminal Code of 1961 or the
8		Criminal Code of 2012, and the manufacture, sale or
9		delivery of controlled substances or instruments used for
10		illegal drug use or abuse in which case the driver's
11		driving privileges shall be suspended for one year;
12		30. Has been convicted a second or subsequent time for
13		any combination of the offenses named in paragraph 29 of
14		this subsection, in which case the person's driving
15		privileges shall be suspended for 5 years;
16		31. Has refused to submit to a test as required by
17		Section 11-501.6 of this Code or Section 5-16c of the Boat
18		Registration and Safety Act or has submitted to a test
19		resulting in an alcohol concentration of 0.08 or more or
20		any amount of a drug, substance, or compound resulting
21		from the unlawful use or consumption of cannabis as listed
22		in the Cannabis Control Act, a controlled substance as
23		listed in the Illinois Controlled Substances Act, an
24		intoxicating compound as listed in the Use of Intoxicating
25		Compounds Act, or methamphetamine as listed in the
26		Methamphetamine Control and Community Protection Act, in

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1		which case the penalty shall be as prescribed in Section
2		6-208.1;
3		32. Has been convicted of Section 24-1.2 of the
4		Criminal Code of 1961 or the Criminal Code of 2012
5		relating to the aggravated discharge of a firearm if the
6		offender was located in a motor vehicle at the time the
7		firearm was discharged, in which case the suspension shall
8		be for 3 years;
9		33. Has as a driver, who was less than 21 years of age
10		on the date of the offense, been convicted a first time of
11		a violation of paragraph (a) of Section 11-502 of this
12		Code or a similar provision of a local ordinance;
13		34. Has committed a violation of Section 11-1301.5 of
14		this Code or a similar provision of a local ordinance;
15		35. Has committed a violation of Section 11-1301.6 of
16		this Code or a similar provision of a local ordinance;
17		36. Is under the age of 21 years at the time of arrest
18		and has been convicted of not less than 2 offenses against
19		traffic regulations governing the movement of vehicles
20		committed within any 24-month period. No revocation or
21		suspension shall be entered more than 6 months after the
22		date of last conviction;
23		37. Has committed a violation of subsection (c) of
24		Section 11-907 of this Code that resulted in damage to the
25		property of another or the death or injury of another;
26		38. Has been convicted of a violation of Section 6-20

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1		of the Liquor Control Act of 1934 or a similar provision of
2		a local ordinance and the person was an occupant of a motor
3		vehicle at the time of the violation;
4		39. Has committed a second or subsequent violation of
5		Section 11-1201 of this Code;
6		40. Has committed a violation of subsection (a-1) of
7		Section 11-908 of this Code;
8		41. Has committed a second or subsequent violation of
9		Section 11-605.1 of this Code, a similar provision of a
10		local ordinance, or a similar violation in any other state
11		within 2 years of the date of the previous violation, in
12		which case the suspension shall be for 90 days;
13		42. Has committed a violation of subsection (a-1) of
14		Section 11-1301.3 of this Code or a similar provision of a
15		local ordinance;
16		43. Has received a disposition of court supervision
17		for a violation of subsection (a), (d), or (e) of Section
18		6-20 of the Liquor Control Act of 1934 or a similar
19		provision of a local ordinance and the person was an
20		occupant of a motor vehicle at the time of the violation,
21		in which case the suspension shall be for a period of 3
22		months;
23		44. Is under the age of 21 years at the time of arrest
24		and has been convicted of an offense against traffic
25		regulations governing the movement of vehicles after
26		having previously had his or her driving privileges

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1		suspended or revoked pursuant to subparagraph 36 of this
2		Section;
3		45. Has, in connection with or during the course of a
4		formal hearing conducted under Section 2-118 of this Code:
5		(i) committed perjury; (ii) submitted fraudulent or
6		falsified documents; (iii) submitted documents that have
7		been materially altered; or (iv) submitted, as his or her
8		own, documents that were in fact prepared or composed for
9		another person;
10		46. Has committed a violation of subsection (j) of
11		Section 3-413 of this Code;
12		47. Has committed a violation of subsection (a) of
13		Section 11-502.1 of this Code;
14		48. Has submitted a falsified or altered medical
15		examiner's certificate to the Secretary of State or
16		provided false information to obtain a medical examiner's
17		certificate;
18		49. Has been convicted of a violation of Section
19		11-1002 or 11-1002.5 that resulted in a Type A injury to
20		another, in which case the driving privileges of the
21		person shall be suspended for 12 months;
22		50. Has committed a violation of subsection (b-5) of
23		Section 12-610.2 that resulted in great bodily harm,
24		permanent disability, or disfigurement, in which case the
25		driving privileges of the person shall be suspended for 12
26		months;

HB3595 Enrolled - 980 - LRB104 08153 BAB 18201 b
1		51. Has committed a violation of Section 10-15 of Of
2		the Cannabis Regulation and Tax Act or a similar provision
3		of a local ordinance while in a motor vehicle; or
4		52. Has committed a violation of subsection (b) of
5		Section 10-20 of the Cannabis Regulation and Tax Act or a
6		similar provision of a local ordinance.
7		For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
8		and 27 of this subsection, license means any driver's license,
9		any traffic ticket issued when the person's driver's license
10		is deposited in lieu of bail, a suspension notice issued by the
11		Secretary of State, a duplicate or corrected driver's license,
12		a probationary driver's license, or a temporary driver's
13		license.
14		(b) If any conviction forming the basis of a suspension or
15		revocation authorized under this Section is appealed, the
16		Secretary of State may rescind or withhold the entry of the
17		order of suspension or revocation, as the case may be,
18		provided that a certified copy of a stay order of a court is
19		filed with the Secretary of State. If the conviction is
20		affirmed on appeal, the date of the conviction shall relate
21		back to the time the original judgment of conviction was
22		entered and the 6-month limitation prescribed shall not apply.
23		(c) 1. Upon suspending or revoking the driver's license or
24		permit of any person as authorized in this Section, the
25		Secretary of State shall immediately notify the person in
26		writing of the revocation or suspension. The notice to be

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1		deposited in the United States mail, postage prepaid, to the
2		last known address of the person.
3		2. If the Secretary of State suspends the driver's license
4		of a person under subsection 2 of paragraph (a) of this
5		Section, a person's privilege to operate a vehicle as an
6		occupation shall not be suspended, provided an affidavit is
7		properly completed, the appropriate fee received, and a permit
8		issued prior to the effective date of the suspension, unless 5
9		offenses were committed, at least 2 of which occurred while
10		operating a commercial vehicle in connection with the driver's
11		regular occupation. All other driving privileges shall be
12		suspended by the Secretary of State. Any driver prior to
13		operating a vehicle for occupational purposes only must submit
14		the affidavit on forms to be provided by the Secretary of State
15		setting forth the facts of the person's occupation. The
16		affidavit shall also state the number of offenses committed
17		while operating a vehicle in connection with the driver's
18		regular occupation. The affidavit shall be accompanied by the
19		driver's license. Upon receipt of a properly completed
20		affidavit, the Secretary of State shall issue the driver a
21		permit to operate a vehicle in connection with the driver's
22		regular occupation only. Unless the permit is issued by the
23		Secretary of State prior to the date of suspension, the
24		privilege to drive any motor vehicle shall be suspended as set
25		forth in the notice that was mailed under this Section. If an
26		affidavit is received subsequent to the effective date of this

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1		suspension, a permit may be issued for the remainder of the
2		suspension period.
3		The provisions of this subparagraph shall not apply to any
4		driver required to possess a CDL for the purpose of operating a
5		commercial motor vehicle.
6		Any person who falsely states any fact in the affidavit
7		required herein shall be guilty of perjury under Section 6-302
8		and upon conviction thereof shall have all driving privileges
9		revoked without further rights.
10		3. At the conclusion of a hearing under Section 2-118 of
11		this Code, the Secretary of State shall either rescind or
12		continue an order of revocation or shall substitute an order
13		of suspension; or, good cause appearing therefor, rescind,
14		continue, change, or extend the order of suspension. If the
15		Secretary of State does not rescind the order, the Secretary
16		may upon application, to relieve undue hardship (as defined by
17		the rules of the Secretary of State), issue a restricted
18		driving permit granting the privilege of driving a motor
19		vehicle between the petitioner's residence and petitioner's
20		place of employment or within the scope of the petitioner's
21		employment-related duties, or to allow the petitioner to
22		transport himself or herself, or a family member of the
23		petitioner's household to a medical facility, to receive
24		necessary medical care, to allow the petitioner to transport
25		himself or herself to and from alcohol or drug remedial or
26		rehabilitative activity recommended by a licensed service

HB3595 Enrolled - 983 - LRB104 08153 BAB 18201 b
1		provider, or to allow the petitioner to transport himself or
2		herself or a family member of the petitioner's household to
3		classes, as a student, at an accredited educational
4		institution, or to allow the petitioner to transport children,
5		elderly persons, or persons with disabilities who do not hold
6		driving privileges and are living in the petitioner's
7		household to and from day care daycare. The petitioner must
8		demonstrate that no alternative means of transportation is
9		reasonably available and that the petitioner will not endanger
10		the public safety or welfare.
11		(A) If a person's license or permit is revoked or
12		suspended due to 2 or more convictions of violating
13		Section 11-501 of this Code or a similar provision of a
14		local ordinance or a similar out-of-state offense, or
15		Section 9-3 of the Criminal Code of 1961 or the Criminal
16		Code of 2012, where the use of alcohol or other drugs is
17		recited as an element of the offense, or a similar
18		out-of-state offense, or a combination of these offenses,
19		arising out of separate occurrences, that person, if
20		issued a restricted driving permit, may not operate a
21		vehicle unless it has been equipped with an ignition
22		interlock device as defined in Section 1-129.1.
23		(B) If a person's license or permit is revoked or
24		suspended 2 or more times due to any combination of:
25		(i) a single conviction of violating Section
26		11-501 of this Code or a similar provision of a local

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1		ordinance or a similar out-of-state offense or Section
2		9-3 of the Criminal Code of 1961 or the Criminal Code
3		of 2012, where the use of alcohol or other drugs is
4		recited as an element of the offense, or a similar
5		out-of-state offense; or
6		(ii) a statutory summary suspension or revocation
7		under Section 11-501.1; or
8		(iii) a suspension under Section 6-203.1;
9		arising out of separate occurrences; that person, if
10		issued a restricted driving permit, may not operate a
11		vehicle unless it has been equipped with an ignition
12		interlock device as defined in Section 1-129.1.
13		(B-5) If a person's license or permit is revoked or
14		suspended due to a conviction for a violation of
15		subparagraph (C) or (F) of paragraph (1) of subsection (d)
16		of Section 11-501 of this Code, or a similar provision of a
17		local ordinance or similar out-of-state offense, that
18		person, if issued a restricted driving permit, may not
19		operate a vehicle unless it has been equipped with an
20		ignition interlock device as defined in Section 1-129.1.
21		(C) The person issued a permit conditioned upon the
22		use of an ignition interlock device must pay to the
23		Secretary of State DUI Administration Fund an amount not
24		to exceed $30 per month. The Secretary shall establish by
25		rule the amount and the procedures, terms, and conditions
26		relating to these fees.

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1		(D) If the restricted driving permit is issued for
2		employment purposes, then the prohibition against
3		operating a motor vehicle that is not equipped with an
4		ignition interlock device does not apply to the operation
5		of an occupational vehicle owned or leased by that
6		person's employer when used solely for employment
7		purposes. For any person who, within a 5-year period, is
8		convicted of a second or subsequent offense under Section
9		11-501 of this Code, or a similar provision of a local
10		ordinance or similar out-of-state offense, this employment
11		exemption does not apply until either a one-year period
12		has elapsed during which that person had his or her
13		driving privileges revoked or a one-year period has
14		elapsed during which that person had a restricted driving
15		permit which required the use of an ignition interlock
16		device on every motor vehicle owned or operated by that
17		person.
18		(E) In each case the Secretary may issue a restricted
19		driving permit for a period deemed appropriate, except
20		that all permits shall expire no later than 2 years from
21		the date of issuance. A restricted driving permit issued
22		under this Section shall be subject to cancellation,
23		revocation, and suspension by the Secretary of State in
24		like manner and for like cause as a driver's license
25		issued under this Code may be cancelled, revoked, or
26		suspended; except that a conviction upon one or more

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1		offenses against laws or ordinances regulating the
2		movement of traffic shall be deemed sufficient cause for
3		the revocation, suspension, or cancellation of a
4		restricted driving permit. The Secretary of State may, as
5		a condition to the issuance of a restricted driving
6		permit, require the applicant to participate in a
7		designated driver remedial or rehabilitative program. The
8		Secretary of State is authorized to cancel a restricted
9		driving permit if the permit holder does not successfully
10		complete the program.
11		(F) A person subject to the provisions of paragraph 4
12		of subsection (b) of Section 6-208 of this Code may make
13		application for a restricted driving permit at a hearing
14		conducted under Section 2-118 of this Code after the
15		expiration of 5 years from the effective date of the most
16		recent revocation or after 5 years from the date of
17		release from a period of imprisonment resulting from a
18		conviction of the most recent offense, whichever is later,
19		provided the person, in addition to all other requirements
20		of the Secretary, shows by clear and convincing evidence:
21		(i) a minimum of 3 years of uninterrupted
22		abstinence from alcohol and the unlawful use or
23		consumption of cannabis under the Cannabis Control
24		Act, a controlled substance under the Illinois
25		Controlled Substances Act, an intoxicating compound
26		under the Use of Intoxicating Compounds Act, or

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1		methamphetamine under the Methamphetamine Control and
2		Community Protection Act; and
3		(ii) the successful completion of any
4		rehabilitative treatment and involvement in any
5		ongoing rehabilitative activity that may be
6		recommended by a properly licensed service provider
7		according to an assessment of the person's alcohol or
8		drug use under Section 11-501.01 of this Code.
9		In determining whether an applicant is eligible for a
10		restricted driving permit under this subparagraph (F), the
11		Secretary may consider any relevant evidence, including,
12		but not limited to, testimony, affidavits, records, and
13		the results of regular alcohol or drug tests. Persons
14		subject to the provisions of paragraph 4 of subsection (b)
15		of Section 6-208 of this Code and who have been convicted
16		of more than one violation of paragraph (3), paragraph
17		(4), or paragraph (5) of subsection (a) of Section 11-501
18		of this Code shall not be eligible to apply for a
19		restricted driving permit under this subparagraph (F).
20		A restricted driving permit issued under this
21		subparagraph (F) shall provide that the holder may only
22		operate motor vehicles equipped with an ignition interlock
23		device as required under paragraph (2) of subsection (c)
24		of Section 6-205 of this Code and subparagraph (A) of
25		paragraph 3 of subsection (c) of this Section. The
26		Secretary may revoke a restricted driving permit or amend

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1		the conditions of a restricted driving permit issued under
2		this subparagraph (F) if the holder operates a vehicle
3		that is not equipped with an ignition interlock device, or
4		for any other reason authorized under this Code.
5		A restricted driving permit issued under this
6		subparagraph (F) shall be revoked, and the holder barred
7		from applying for or being issued a restricted driving
8		permit in the future, if the holder is convicted of a
9		violation of Section 11-501 of this Code, a similar
10		provision of a local ordinance, or a similar offense in
11		another state.
12		(c-3) In the case of a suspension under paragraph 43 of
13		subsection (a), reports received by the Secretary of State
14		under this Section shall, except during the actual time the
15		suspension is in effect, be privileged information and for use
16		only by the courts, police officers, prosecuting authorities,
17		the driver licensing administrator of any other state, the
18		Secretary of State, or the parent or legal guardian of a driver
19		under the age of 18. However, beginning January 1, 2008, if the
20		person is a CDL holder, the suspension shall also be made
21		available to the driver licensing administrator of any other
22		state, the U.S. Department of Transportation, and the affected
23		driver or motor carrier or prospective motor carrier upon
24		request.
25		(c-4) In the case of a suspension under paragraph 43 of
26		subsection (a), the Secretary of State shall notify the person

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1		by mail that his or her driving privileges and driver's
2		license will be suspended one month after the date of the
3		mailing of the notice.
4		(c-5) The Secretary of State may, as a condition of the
5		reissuance of a driver's license or permit to an applicant
6		whose driver's license or permit has been suspended before he
7		or she reached the age of 21 years pursuant to any of the
8		provisions of this Section, require the applicant to
9		participate in a driver remedial education course and be
10		retested under Section 6-109 of this Code.
11		(d) This Section is subject to the provisions of the
12		Driver License Compact.
13		(e) The Secretary of State shall not issue a restricted
14		driving permit to a person under the age of 16 years whose
15		driving privileges have been suspended or revoked under any
16		provisions of this Code.
17		(f) In accordance with 49 CFR 384, the Secretary of State
18		may not issue a restricted driving permit for the operation of
19		a commercial motor vehicle to a person holding a CDL whose
20		driving privileges have been suspended, revoked, cancelled, or
21		disqualified under any provisions of this Code.
22		(Source: P.A. 102-299, eff. 8-6-21; 102-558, eff. 8-20-21;
23		102-749, eff. 1-1-23; 102-813, eff. 5-13-22; 102-982, eff.
24		7-1-23; 103-154, eff. 6-30-23; 103-822, eff. 1-1-25; 103-1071,
25		eff. 7-1-25; revised 10-27-25.)

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1		(Text of Section after amendment by P.A. 104-400)
2		Sec. 6-206. Discretionary authority to suspend or revoke
3		license or permit; right to a hearing.
4		(a) The Secretary of State is authorized to suspend or
5		revoke the driving privileges of any person without
6		preliminary hearing upon a showing of the person's records or
7		other sufficient evidence that the person:
8		1. Has committed an offense for which mandatory
9		revocation of a driver's license or permit is required
10		upon conviction;
11		2. Has been convicted of not less than 3 offenses
12		against traffic regulations governing the movement of
13		vehicles committed within any 12-month period. No
14		revocation or suspension shall be entered more than 6
15		months after the date of last conviction;
16		3. Has been repeatedly involved as a driver in motor
17		vehicle collisions or has been repeatedly convicted of
18		offenses against laws and ordinances regulating the
19		movement of traffic, to a degree that indicates lack of
20		ability to exercise ordinary and reasonable care in the
21		safe operation of a motor vehicle or disrespect for the
22		traffic laws and the safety of other persons upon the
23		highway;
24		4. Has by the unlawful operation of a motor vehicle
25		caused or contributed to a crash resulting in injury
26		requiring immediate professional treatment in a medical

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1		facility or doctor's office to any person, except that any
2		suspension or revocation imposed by the Secretary of State
3		under the provisions of this subsection shall start no
4		later than 6 months after being convicted of violating a
5		law or ordinance regulating the movement of traffic, which
6		violation is related to the crash, or shall start not more
7		than one year after the date of the crash, whichever date
8		occurs later;
9		5. Has permitted an unlawful or fraudulent use of a
10		driver's license, identification card, or permit;
11		6. Has been lawfully convicted of an offense or
12		offenses in another state, including the authorization
13		contained in Section 6-203.1, which if committed within
14		this State would be grounds for suspension or revocation;
15		7. Has refused or failed to submit to an examination
16		provided for by Section 6-207 or has failed to pass the
17		examination;
18		8. Is ineligible for a driver's license or permit
19		under the provisions of Section 6-103;
20		9. Has made a false statement or knowingly concealed a
21		material fact or has used false information or
22		identification in any application for a license,
23		identification card, or permit;
24		10. Has possessed, displayed, or attempted to
25		fraudulently use any license, identification card, or
26		permit not issued to the person;

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1		11. Has operated a motor vehicle upon a highway of
2		this State when the person's driving privilege or
3		privilege to obtain a driver's license or permit was
4		revoked or suspended unless the operation was authorized
5		by a monitoring device driving permit, judicial driving
6		permit issued prior to January 1, 2009, probationary
7		license to drive, or restricted driving permit issued
8		under this Code;
9		12. Has submitted to any portion of the application
10		process for another person or has obtained the services of
11		another person to submit to any portion of the application
12		process for the purpose of obtaining a license,
13		identification card, or permit for some other person;
14		13. Has operated a motor vehicle upon a highway of
15		this State when the person's driver's license or permit
16		was invalid under the provisions of Sections 6-107.1 and
17		6-110;
18		14. Has committed a violation of Section 6-301,
19		6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
20		14B of the Illinois Identification Card Act or a similar
21		offense in another state if, at the time of the offense,
22		the person held an Illinois driver's license or
23		identification card;
24		15. Has been convicted of violating Section 21-2 of
25		the Criminal Code of 1961 or the Criminal Code of 2012
26		relating to criminal trespass to vehicles if the person

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1		exercised actual physical control over the vehicle during
2		the commission of the offense, in which case the
3		suspension shall be for one year;
4		16. Has been convicted of violating Section 11-204 of
5		this Code relating to fleeing from a peace officer;
6		17. Has refused to submit to a test, or tests, as
7		required under Section 11-501.1 of this Code and the
8		person has not sought a hearing as provided for in Section
9		11-501.1;
10		18. (Blank);
11		19. Has committed a violation of paragraph (a) or (b)
12		of Section 6-101 relating to driving without a driver's
13		license;
14		20. Has been convicted of violating Section 6-104
15		relating to classification of driver's license;
16		21. Has been convicted of violating Section 11-402 of
17		this Code relating to leaving the scene of a crash
18		resulting in damage to a vehicle in excess of $1,000, in
19		which case the suspension shall be for one year;
20		22. Has used a motor vehicle in violating paragraph
21		(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
22		the Criminal Code of 1961 or the Criminal Code of 2012
23		relating to unlawful possession of weapons, in which case
24		the suspension shall be for one year;
25		23. Has, as a driver, been convicted of committing a
26		violation of paragraph (a) of Section 11-502 of this Code

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1		for a second or subsequent time within one year of a
2		similar violation;
3		24. Has been convicted by a court-martial or punished
4		by non-judicial punishment by military authorities of the
5		United States at a military installation in Illinois or in
6		another state of or for a traffic-related offense that is
7		the same as or similar to an offense specified under
8		Section 6-205 or 6-206 of this Code;
9		25. Has permitted any form of identification to be
10		used by another in the application process in order to
11		obtain or attempt to obtain a license, identification
12		card, or permit;
13		26. Has altered or attempted to alter a license or has
14		possessed an altered license, identification card, or
15		permit;
16		27. (Blank);
17		28. Has been convicted for a first time of the illegal
18		possession, while operating or in actual physical control,
19		as a driver, of a motor vehicle, of any controlled
20		substance prohibited under the Illinois Controlled
21		Substances Act, any cannabis prohibited under the Cannabis
22		Control Act, or any methamphetamine prohibited under the
23		Methamphetamine Control and Community Protection Act, in
24		which case the person's driving privileges shall be
25		suspended for one year. Any defendant found guilty of this
26		offense while operating a motor vehicle shall have an

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1		entry made in the court record by the presiding judge that
2		this offense did occur while the defendant was operating a
3		motor vehicle and order the clerk of the court to report
4		the violation to the Secretary of State;
5		29. Has been convicted of the following offenses that
6		were committed while the person was operating or in actual
7		physical control, as a driver, of a motor vehicle:
8		criminal sexual assault, predatory criminal sexual assault
9		of a child, aggravated criminal sexual assault, criminal
10		sexual abuse, aggravated criminal sexual abuse, juvenile
11		pimping, soliciting for a sexually exploited child,
12		promoting commercial sexual exploitation of a child as
13		described in subdivision (a)(1), (a)(2), or (a)(3) of
14		Section 11-14.4 of the Criminal Code of 1961 or the
15		Criminal Code of 2012, and the manufacture, sale or
16		delivery of controlled substances or instruments used for
17		illegal drug use or abuse in which case the driver's
18		driving privileges shall be suspended for one year;
19		30. Has been convicted a second or subsequent time for
20		any combination of the offenses named in paragraph 29 of
21		this subsection, in which case the person's driving
22		privileges shall be suspended for 5 years;
23		31. Has refused to submit to a test as required by
24		Section 11-501.6 of this Code or Section 5-16c of the Boat
25		Registration and Safety Act or has submitted to a test
26		resulting in an alcohol concentration of 0.08 or more or

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1		any amount of a drug, substance, or compound resulting
2		from the unlawful use or consumption of cannabis as listed
3		in the Cannabis Control Act, a controlled substance as
4		listed in the Illinois Controlled Substances Act, an
5		intoxicating compound as listed in the Use of Intoxicating
6		Compounds Act, or methamphetamine as listed in the
7		Methamphetamine Control and Community Protection Act, in
8		which case the penalty shall be as prescribed in Section
9		6-208.1;
10		32. Has been convicted of Section 24-1.2 of the
11		Criminal Code of 1961 or the Criminal Code of 2012
12		relating to the aggravated discharge of a firearm if the
13		offender was located in a motor vehicle at the time the
14		firearm was discharged, in which case the suspension shall
15		be for 3 years;
16		33. Has as a driver, who was less than 21 years of age
17		on the date of the offense, been convicted a first time of
18		a violation of paragraph (a) of Section 11-502 of this
19		Code or a similar provision of a local ordinance;
20		34. Has committed a violation of Section 11-1301.5 of
21		this Code or a similar provision of a local ordinance;
22		35. Has committed a violation of Section 11-1301.6 of
23		this Code or a similar provision of a local ordinance;
24		36. Is under the age of 21 years at the time of arrest
25		and has been convicted of not less than 2 offenses against
26		traffic regulations governing the movement of vehicles

HB3595 Enrolled - 997 - LRB104 08153 BAB 18201 b
1		committed within any 24-month period. No revocation or
2		suspension shall be entered more than 6 months after the
3		date of last conviction;
4		37. Has committed a violation of subsection (c),
5		(c-5), or (c-10) of Section 11-907 of this Code that
6		resulted in damage to the property of another or the death
7		or injury of another;
8		38. Has been convicted of a violation of Section 6-20
9		of the Liquor Control Act of 1934 or a similar provision of
10		a local ordinance and the person was an occupant of a motor
11		vehicle at the time of the violation;
12		39. Has committed a second or subsequent violation of
13		Section 11-1201 of this Code;
14		40. Has committed a violation of subsection (a-1) of
15		Section 11-908 of this Code;
16		41. Has committed a second or subsequent violation of
17		Section 11-605.1 of this Code, a similar provision of a
18		local ordinance, or a similar violation in any other state
19		within 2 years of the date of the previous violation, in
20		which case the suspension shall be for 90 days;
21		42. Has committed a violation of subsection (a-1) of
22		Section 11-1301.3 of this Code or a similar provision of a
23		local ordinance;
24		43. Has received a disposition of court supervision
25		for a violation of subsection (a), (d), or (e) of Section
26		6-20 of the Liquor Control Act of 1934 or a similar

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1		provision of a local ordinance and the person was an
2		occupant of a motor vehicle at the time of the violation,
3		in which case the suspension shall be for a period of 3
4		months;
5		44. Is under the age of 21 years at the time of arrest
6		and has been convicted of an offense against traffic
7		regulations governing the movement of vehicles after
8		having previously had his or her driving privileges
9		suspended or revoked pursuant to subparagraph 36 of this
10		Section;
11		45. Has, in connection with or during the course of a
12		formal hearing conducted under Section 2-118 of this Code:
13		(i) committed perjury; (ii) submitted fraudulent or
14		falsified documents; (iii) submitted documents that have
15		been materially altered; or (iv) submitted, as his or her
16		own, documents that were in fact prepared or composed for
17		another person;
18		46. Has committed a violation of subsection (j) of
19		Section 3-413 of this Code;
20		47. Has committed a violation of subsection (a) of
21		Section 11-502.1 of this Code;
22		48. Has submitted a falsified or altered medical
23		examiner's certificate to the Secretary of State or
24		provided false information to obtain a medical examiner's
25		certificate;
26		49. Has been convicted of a violation of Section

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1		11-1002 or 11-1002.5 that resulted in a Type A injury to
2		another, in which case the driving privileges of the
3		person shall be suspended for 12 months;
4		50. Has committed a violation of subsection (b-5) of
5		Section 12-610.2 that resulted in great bodily harm,
6		permanent disability, or disfigurement, in which case the
7		driving privileges of the person shall be suspended for 12
8		months;
9		51. Has committed a violation of Section 10-15 of Of
10		the Cannabis Regulation and Tax Act or a similar provision
11		of a local ordinance while in a motor vehicle; or
12		52. Has committed a violation of subsection (b) of
13		Section 10-20 of the Cannabis Regulation and Tax Act or a
14		similar provision of a local ordinance.
15		For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
16		and 27 of this subsection, license means any driver's license,
17		any traffic ticket issued when the person's driver's license
18		is deposited in lieu of bail, a suspension notice issued by the
19		Secretary of State, a duplicate or corrected driver's license,
20		a probationary driver's license, or a temporary driver's
21		license.
22		(b) If any conviction forming the basis of a suspension or
23		revocation authorized under this Section is appealed, the
24		Secretary of State may rescind or withhold the entry of the
25		order of suspension or revocation, as the case may be,
26		provided that a certified copy of a stay order of a court is

HB3595 Enrolled - 1000 - LRB104 08153 BAB 18201 b
1		filed with the Secretary of State. If the conviction is
2		affirmed on appeal, the date of the conviction shall relate
3		back to the time the original judgment of conviction was
4		entered and the 6-month limitation prescribed shall not apply.
5		(c) 1. Upon suspending or revoking the driver's license or
6		permit of any person as authorized in this Section, the
7		Secretary of State shall immediately notify the person in
8		writing of the revocation or suspension. The notice to be
9		deposited in the United States mail, postage prepaid, to the
10		last known address of the person.
11		2. If the Secretary of State suspends the driver's license
12		of a person under subsection 2 of paragraph (a) of this
13		Section, a person's privilege to operate a vehicle as an
14		occupation shall not be suspended, provided an affidavit is
15		properly completed, the appropriate fee received, and a permit
16		issued prior to the effective date of the suspension, unless 5
17		offenses were committed, at least 2 of which occurred while
18		operating a commercial vehicle in connection with the driver's
19		regular occupation. All other driving privileges shall be
20		suspended by the Secretary of State. Any driver prior to
21		operating a vehicle for occupational purposes only must submit
22		the affidavit on forms to be provided by the Secretary of State
23		setting forth the facts of the person's occupation. The
24		affidavit shall also state the number of offenses committed
25		while operating a vehicle in connection with the driver's
26		regular occupation. The affidavit shall be accompanied by the

HB3595 Enrolled - 1001 - LRB104 08153 BAB 18201 b
1		driver's license. Upon receipt of a properly completed
2		affidavit, the Secretary of State shall issue the driver a
3		permit to operate a vehicle in connection with the driver's
4		regular occupation only. Unless the permit is issued by the
5		Secretary of State prior to the date of suspension, the
6		privilege to drive any motor vehicle shall be suspended as set
7		forth in the notice that was mailed under this Section. If an
8		affidavit is received subsequent to the effective date of this
9		suspension, a permit may be issued for the remainder of the
10		suspension period.
11		The provisions of this subparagraph shall not apply to any
12		driver required to possess a CDL for the purpose of operating a
13		commercial motor vehicle.
14		Any person who falsely states any fact in the affidavit
15		required herein shall be guilty of perjury under Section 6-302
16		and upon conviction thereof shall have all driving privileges
17		revoked without further rights.
18		3. At the conclusion of a hearing under Section 2-118 of
19		this Code, the Secretary of State shall either rescind or
20		continue an order of revocation or shall substitute an order
21		of suspension; or, good cause appearing therefor, rescind,
22		continue, change, or extend the order of suspension. If the
23		Secretary of State does not rescind the order, the Secretary
24		may upon application, to relieve undue hardship (as defined by
25		the rules of the Secretary of State), issue a restricted
26		driving permit granting the privilege of driving a motor

HB3595 Enrolled - 1002 - LRB104 08153 BAB 18201 b
1		vehicle between the petitioner's residence and petitioner's
2		place of employment or within the scope of the petitioner's
3		employment-related duties, or to allow the petitioner to
4		transport himself or herself, or a family member of the
5		petitioner's household to a medical facility, to receive
6		necessary medical care, to allow the petitioner to transport
7		himself or herself to and from alcohol or drug remedial or
8		rehabilitative activity recommended by a licensed service
9		provider, or to allow the petitioner to transport himself or
10		herself or a family member of the petitioner's household to
11		classes, as a student, at an accredited educational
12		institution, or to allow the petitioner to transport children,
13		elderly persons, or persons with disabilities who do not hold
14		driving privileges and are living in the petitioner's
15		household to and from early care and education daycare. The
16		petitioner must demonstrate that no alternative means of
17		transportation is reasonably available and that the petitioner
18		will not endanger the public safety or welfare.
19		(A) If a person's license or permit is revoked or
20		suspended due to 2 or more convictions of violating
21		Section 11-501 of this Code or a similar provision of a
22		local ordinance or a similar out-of-state offense, or
23		Section 9-3 of the Criminal Code of 1961 or the Criminal
24		Code of 2012, where the use of alcohol or other drugs is
25		recited as an element of the offense, or a similar
26		out-of-state offense, or a combination of these offenses,

HB3595 Enrolled - 1003 - LRB104 08153 BAB 18201 b
1		arising out of separate occurrences, that person, if
2		issued a restricted driving permit, may not operate a
3		vehicle unless it has been equipped with an ignition
4		interlock device as defined in Section 1-129.1.
5		(B) If a person's license or permit is revoked or
6		suspended 2 or more times due to any combination of:
7		(i) a single conviction of violating Section
8		11-501 of this Code or a similar provision of a local
9		ordinance or a similar out-of-state offense or Section
10		9-3 of the Criminal Code of 1961 or the Criminal Code
11		of 2012, where the use of alcohol or other drugs is
12		recited as an element of the offense, or a similar
13		out-of-state offense; or
14		(ii) a statutory summary suspension or revocation
15		under Section 11-501.1; or
16		(iii) a suspension under Section 6-203.1;
17		arising out of separate occurrences; that person, if
18		issued a restricted driving permit, may not operate a
19		vehicle unless it has been equipped with an ignition
20		interlock device as defined in Section 1-129.1.
21		(B-5) If a person's license or permit is revoked or
22		suspended due to a conviction for a violation of
23		subparagraph (C) or (F) of paragraph (1) of subsection (d)
24		of Section 11-501 of this Code, or a similar provision of a
25		local ordinance or similar out-of-state offense, that
26		person, if issued a restricted driving permit, may not

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1		operate a vehicle unless it has been equipped with an
2		ignition interlock device as defined in Section 1-129.1.
3		(C) The person issued a permit conditioned upon the
4		use of an ignition interlock device must pay to the
5		Secretary of State DUI Administration Fund an amount not
6		to exceed $30 per month. The Secretary shall establish by
7		rule the amount and the procedures, terms, and conditions
8		relating to these fees.
9		(D) If the restricted driving permit is issued for
10		employment purposes, then the prohibition against
11		operating a motor vehicle that is not equipped with an
12		ignition interlock device does not apply to the operation
13		of an occupational vehicle owned or leased by that
14		person's employer when used solely for employment
15		purposes. For any person who, within a 5-year period, is
16		convicted of a second or subsequent offense under Section
17		11-501 of this Code, or a similar provision of a local
18		ordinance or similar out-of-state offense, this employment
19		exemption does not apply until either a one-year period
20		has elapsed during which that person had his or her
21		driving privileges revoked or a one-year period has
22		elapsed during which that person had a restricted driving
23		permit which required the use of an ignition interlock
24		device on every motor vehicle owned or operated by that
25		person.
26		(E) In each case the Secretary may issue a restricted

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1		driving permit for a period deemed appropriate, except
2		that all permits shall expire no later than 2 years from
3		the date of issuance. A restricted driving permit issued
4		under this Section shall be subject to cancellation,
5		revocation, and suspension by the Secretary of State in
6		like manner and for like cause as a driver's license
7		issued under this Code may be cancelled, revoked, or
8		suspended; except that a conviction upon one or more
9		offenses against laws or ordinances regulating the
10		movement of traffic shall be deemed sufficient cause for
11		the revocation, suspension, or cancellation of a
12		restricted driving permit. The Secretary of State may, as
13		a condition to the issuance of a restricted driving
14		permit, require the applicant to participate in a
15		designated driver remedial or rehabilitative program. The
16		Secretary of State is authorized to cancel a restricted
17		driving permit if the permit holder does not successfully
18		complete the program.
19		(F) A person subject to the provisions of paragraph 4
20		of subsection (b) of Section 6-208 of this Code may make
21		application for a restricted driving permit at a hearing
22		conducted under Section 2-118 of this Code after the
23		expiration of 5 years from the effective date of the most
24		recent revocation or after 5 years from the date of
25		release from a period of imprisonment resulting from a
26		conviction of the most recent offense, whichever is later,

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1		provided the person, in addition to all other requirements
2		of the Secretary, shows by clear and convincing evidence:
3		(i) a minimum of 3 years of uninterrupted
4		abstinence from alcohol and the unlawful use or
5		consumption of cannabis under the Cannabis Control
6		Act, a controlled substance under the Illinois
7		Controlled Substances Act, an intoxicating compound
8		under the Use of Intoxicating Compounds Act, or
9		methamphetamine under the Methamphetamine Control and
10		Community Protection Act; and
11		(ii) the successful completion of any
12		rehabilitative treatment and involvement in any
13		ongoing rehabilitative activity that may be
14		recommended by a properly licensed service provider
15		according to an assessment of the person's alcohol or
16		drug use under Section 11-501.01 of this Code.
17		In determining whether an applicant is eligible for a
18		restricted driving permit under this subparagraph (F), the
19		Secretary may consider any relevant evidence, including,
20		but not limited to, testimony, affidavits, records, and
21		the results of regular alcohol or drug tests. Persons
22		subject to the provisions of paragraph 4 of subsection (b)
23		of Section 6-208 of this Code and who have been convicted
24		of more than one violation of paragraph (3), paragraph
25		(4), or paragraph (5) of subsection (a) of Section 11-501
26		of this Code shall not be eligible to apply for a

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1		restricted driving permit under this subparagraph (F).
2		A restricted driving permit issued under this
3		subparagraph (F) shall provide that the holder may only
4		operate motor vehicles equipped with an ignition interlock
5		device as required under paragraph (2) of subsection (c)
6		of Section 6-205 of this Code and subparagraph (A) of
7		paragraph 3 of subsection (c) of this Section. The
8		Secretary may revoke a restricted driving permit or amend
9		the conditions of a restricted driving permit issued under
10		this subparagraph (F) if the holder operates a vehicle
11		that is not equipped with an ignition interlock device, or
12		for any other reason authorized under this Code.
13		A restricted driving permit issued under this
14		subparagraph (F) shall be revoked, and the holder barred
15		from applying for or being issued a restricted driving
16		permit in the future, if the holder is convicted of a
17		violation of Section 11-501 of this Code, a similar
18		provision of a local ordinance, or a similar offense in
19		another state.
20		(c-3) In the case of a suspension under paragraph 43 of
21		subsection (a), reports received by the Secretary of State
22		under this Section shall, except during the actual time the
23		suspension is in effect, be privileged information and for use
24		only by the courts, police officers, prosecuting authorities,
25		the driver licensing administrator of any other state, the
26		Secretary of State, or the parent or legal guardian of a driver

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1		under the age of 18. However, beginning January 1, 2008, if the
2		person is a CDL holder, the suspension shall also be made
3		available to the driver licensing administrator of any other
4		state, the U.S. Department of Transportation, and the affected
5		driver or motor carrier or prospective motor carrier upon
6		request.
7		(c-4) In the case of a suspension under paragraph 43 of
8		subsection (a), the Secretary of State shall notify the person
9		by mail that his or her driving privileges and driver's
10		license will be suspended one month after the date of the
11		mailing of the notice.
12		(c-5) The Secretary of State may, as a condition of the
13		reissuance of a driver's license or permit to an applicant
14		whose driver's license or permit has been suspended before he
15		or she reached the age of 21 years pursuant to any of the
16		provisions of this Section, require the applicant to
17		participate in a driver remedial education course and be
18		retested under Section 6-109 of this Code.
19		(d) This Section is subject to the provisions of the
20		Driver License Compact.
21		(e) The Secretary of State shall not issue a restricted
22		driving permit to a person under the age of 16 years whose
23		driving privileges have been suspended or revoked under any
24		provisions of this Code.
25		(f) In accordance with 49 CFR 384, the Secretary of State
26		may not issue a restricted driving permit for the operation of

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1		a commercial motor vehicle to a person holding a CDL whose
2		driving privileges have been suspended, revoked, cancelled, or
3		disqualified under any provisions of this Code.
4		(Source: P.A. 103-154, eff. 6-30-23; 103-822, eff. 1-1-25;
5		103-1071, eff. 7-1-25; 104-400, eff. 6-1-26; revised
6		10-27-25.)
7		(625 ILCS 5/12-707.01)  (from Ch. 95 1/2, par. 12-707.01)
8		Sec. 12-707.01. Liability insurance.
9		(a) No school bus, first division vehicle including a taxi
10		which is used for a purpose that requires a school bus driver
11		permit, commuter van or motor vehicle owned by or used for hire
12		by and in connection with the operation of private or public
13		schools, day camps, summer camps or nursery schools, and no
14		commuter van or passenger car used for a for-profit
15		ridesharing arrangement, shall be operated for such purposes
16		unless the owner thereof shall carry a minimum of personal
17		injury liability insurance in the amount of $25,000 for any
18		one person in any one crash, and subject to the limit for one
19		person, $100,000 for two or more persons injured by reason of
20		the operation of the vehicle in any one crash. This subsection
21		(a) applies only to personal injury liability policies issued
22		or renewed before January 1, 2013.
23		(b) Liability insurance policies issued or renewed on and
24		after January 1, 2013 shall comply with the following:
25		(1) except as provided in subparagraph (2) of this

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1		subsection (b), any vehicle that is used for a purpose
2		that requires a school bus driver permit under Section
3		6-104 of this Code shall carry a minimum of liability
4		insurance in the amount of $2,000,000. This minimum
5		insurance requirement may be satisfied by either (i) a
6		$2,000,000 combined single limit primary commercial
7		automobile policy; or (ii) a $1 million primary commercial
8		automobile policy and a minimum $5,000,000 excess or
9		umbrella liability policy;
10		(2) any vehicle that is used for a purpose that
11		requires a school bus driver permit under Section 6-104 of
12		this Code and is used in connection with the operation of
13		private child care providers day care facilities, day
14		camps, summer camps, or nursery schools shall carry a
15		minimum of liability insurance in the amount of $1,000,000
16		combined single limit per crash;
17		(3) any commuter van or passenger car used for a
18		for-profit ridesharing arrangement shall carry a minimum
19		of liability insurance in the amount of $500,000 combined
20		single limit per crash.
21		(c) Primary insurance coverage under the provisions of
22		this Section must be provided by a licensed and admitted
23		insurance carrier or an intergovernmental cooperative formed
24		under Section 10 of Article VII of the Illinois Constitution,
25		or Section 6 or 9 of the Intergovernmental Cooperation Act, or
26		provided by a certified self-insurer under Section 7-502 of

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1		this Code. The excess or umbrella liability coverage
2		requirement may be met by securing surplus line insurance as
3		defined under Section 445 of the Illinois Insurance Code. If
4		the excess or umbrella liability coverage requirement is met
5		by securing surplus line insurance, that coverage must be
6		effected through a licensed surplus line producer acting under
7		the surplus line insurance laws and regulations of this State.
8		Nothing in this subsection (c) shall be construed as
9		prohibiting a licensed and admitted insurance carrier or an
10		intergovernmental cooperative formed under Section 10 of
11		Article VII of the Illinois Constitution, or Section 6 or 9 of
12		the Intergovernmental Cooperation Act, or a certified
13		self-insurer under Section 7-502 of this Code, from retaining
14		the risk required under paragraphs (1) and (2) of subsection
15		(b) of this Section or issuing a single primary policy meeting
16		the requirements of paragraphs (1) and (2) of subsection (b).
17		(d) Each owner of a vehicle required to obtain the minimum
18		liability requirements under subsection (b) of this Section
19		shall attest that the vehicle meets the minimum insurance
20		requirements under this Section. The Secretary of State shall
21		create a form for each owner of a vehicle to attest that the
22		owner meets the minimum insurance requirements and the owner
23		of the vehicle shall submit the form with each registration
24		application. The form shall be valid for the full registration
25		period; however, if at any time the Secretary has reason to
26		believe that the owner does not have the minimum required

HB3595 Enrolled - 1012 - LRB104 08153 BAB 18201 b
1		amount of insurance for a vehicle, then the Secretary may
2		require a certificate of insurance, or its equivalent, to
3		ensure the vehicle is insured. If the owner fails to produce a
4		certificate of insurance, or its equivalent, within 2 calendar
5		days after the request was made, then the Secretary may revoke
6		the vehicle owner's registration until the Secretary is
7		assured the vehicle meets the minimum insurance requirements.
8		If the owner of a vehicle participates in an intergovernmental
9		cooperative or is self-insured, then the owner shall attest
10		that the insurance required under this Section is equivalent
11		to or greater than the insurance required under paragraph (1)
12		of subsection (b) of this Section. The Secretary may adopt any
13		rules necessary to enforce the provisions of this subsection
14		(d).
15		(Source: P.A. 102-982, eff. 7-1-23.)
16		Section 290. The Criminal Code of 2012 is amended by
17		changing Sections 2-5.1, 2-5.2, 2-8.1, 11-0.1, 11-9.3, 11-24,
18		2-12.1, 18-1, 19-1, and 48-1 as follows:
19		(720 ILCS 5/2-5.1)
20		Sec. 2-5.1. Early care and education Day care center.
21		"Early care and education Day care center" has the meaning
22		ascribed to it in Section 2.09 of the Child Care Act of 1969.
23		(Source: P.A. 96-556, eff. 1-1-10.)

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1		(720 ILCS 5/2-5.2)
2		Sec. 2-5.2. Early care and education Day care home. "Early
3		care and education Day care home" has the meaning ascribed to
4		it in Section 2.18 of the Child Care Act of 1969.
5		(Source: P.A. 96-556, eff. 1-1-10.)
6		(720 ILCS 5/2-8.1)
7		Sec. 2-8.1. Group early care and education day care home.
8		"Group early care and education day care home" has the meaning
9		ascribed to it in Section 2.20 of the Child Care Act of 1969.
10		(Source: P.A. 96-556, eff. 1-1-10.)
11		(720 ILCS 5/2-12.1)
12		Sec. 2-12.1. Part day program child care facility. "Part
13		day program child care facility" means part day programs for
14		children ages 3 until they turn 5 or begin kindergarten,
15		whichever is later, where the child is present for a maximum of
16		3 hours per day and the parent or guardian is not on site has
17		the meaning ascribed to it in Section 2.10 of the Child Care
18		Act of 1969.
19		(Source: P.A. 96-556, eff. 1-1-10.)
20		(720 ILCS 5/11-0.1)
21		Sec. 11-0.1. Definitions. In this Article, unless the
22		context clearly requires otherwise, the following terms are
23		defined as indicated:

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1		"Accused" means a person accused of an offense prohibited
2		by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of
3		this Code or a person for whose conduct the accused is legally
4		responsible under Article 5 of this Code.
5		"Adult obscenity or child sexual abuse material Internet
6		site". See Section 11-23.
7		"Advance prostitution" means:
8		(1) Soliciting for a person engaged in the sex trade
9		by performing any of the following acts when acting other
10		than as a person engaged in the sex trade or a patron of a
11		person engaged in the sex trade:
12		(A) Soliciting another for the purpose of
13		prostitution.
14		(B) Arranging or offering to arrange a meeting of
15		persons for the purpose of prostitution.
16		(C) Directing another to a place knowing the
17		direction is for the purpose of prostitution.
18		(2) Keeping a place of prostitution by controlling or
19		exercising control over the use of any place that could
20		offer seclusion or shelter for the practice of
21		prostitution and performing any of the following acts when
22		acting other than as a person engaged in the sex trade or a
23		patron of a person engaged in the sex trade:
24		(A) Knowingly granting or permitting the use of
25		the place for the purpose of prostitution.
26		(B) Granting or permitting the use of the place

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1		under circumstances from which he or she could
2		reasonably know that the place is used or is to be used
3		for purposes of prostitution.
4		(C) Permitting the continued use of the place
5		after becoming aware of facts or circumstances from
6		which he or she should reasonably know that the place
7		is being used for purposes of prostitution.
8		"Agency". See Section 11-9.5.
9		"Arranges". See Section 11-6.5.
10		"Bodily harm" means physical harm, and includes, but is
11		not limited to, sexually transmitted disease, pregnancy, and
12		impotence.
13		"Care and custody". See Section 11-9.5.
14		"Child care institution". See Section 11-9.3.
15		"Child sexual abuse material". See Section 11-20.1.
16		"Child sex offender". See Section 11-9.3.
17		"Community agency". See Section 11-9.5.
18		"Conditional release". See Section 11-9.2.
19		"Consent" means a freely given agreement to the act of
20		sexual penetration or sexual conduct in question. Lack of
21		verbal or physical resistance or submission by the victim
22		resulting from the use of force or threat of force by the
23		accused shall not constitute consent. The manner of dress of
24		the victim at the time of the offense shall not constitute
25		consent.
26		"Custody". See Section 11-9.2.

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1		"Day care center". See Section 11-9.3.
2		"Depict by computer". See Section 11-20.1.
3		"Depiction by computer". See Section 11-20.1.
4		"Disseminate". See Section 11-20.1.
5		"Distribute". See Section 11-21.
6		"Early care and education center". See Section 11-9.3.
7		"Early care and education institution". See Section
8		11-9.3.
9		"Family member" means a parent, grandparent, child,
10		sibling, aunt, uncle, great-aunt, or great-uncle, whether by
11		whole blood, half-blood, or adoption, and includes a
12		step-grandparent, step-parent, or step-child. "Family member"
13		also means, if the victim is a child under 18 years of age, an
14		accused who has resided in the household with the child
15		continuously for at least 3 months.
16		"Force or threat of force" means the use of force or
17		violence or the threat of force or violence, including, but
18		not limited to, the following situations:
19		(1) when the accused threatens to use force or
20		violence on the victim or on any other person, and the
21		victim under the circumstances reasonably believes that
22		the accused has the ability to execute that threat; or
23		(2) when the accused overcomes the victim by use of
24		superior strength or size, physical restraint, or physical
25		confinement.
26		"Harmful to minors". See Section 11-21.

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1		"Loiter". See Section 9.3.
2		"Material". See Section 11-21.
3		"Minor". See Section 11-21.
4		"Nudity". See Section 11-21.
5		"Obscene". See Section 11-20.
6		"Part day program child care facility" means part day
7		programs for children ages 3 until they turn 5 or begin
8		kindergarten, whichever is later, where the child is present
9		for a maximum of 3 hours per day and the parent or guardian is
10		not on site. See Section 11-9.3.
11		"Penal system". See Section 11-9.2.
12		"Person responsible for the child's welfare". See Section
13		11-9.1A.
14		"Person with a disability". See Section 11-9.5.
15		"Playground". See Section 11-9.3.
16		"Probation officer". See Section 11-9.2.
17		"Produce". See Section 11-20.1.
18		"Profit from prostitution" means, when acting other than
19		as a person engaged in the sex trade, to receive anything of
20		value for personally rendered prostitution services or to
21		receive anything of value from a person engaged in the sex
22		trade, if the thing received is not for lawful consideration
23		and the person knows it was earned in whole or in part from the
24		practice of prostitution.
25		"Public park". See Section 11-9.3.
26		"Public place". See Section 11-30.

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1		"Reproduce". See Section 11-20.1.
2		"Sado-masochistic abuse". See Section 11-21.
3		"School". See Section 11-9.3.
4		"School official". See Section 11-9.3.
5		"Sexual abuse". See Section 11-9.1A.
6		"Sexual act". See Section 11-9.1.
7		"Sexual conduct" means any knowing touching or fondling by
8		the victim or the accused, either directly or through
9		clothing, of the sex organs, anus, or breast of the victim or
10		the accused, or any part of the body of a child under 13 years
11		of age, or any transfer or transmission of semen by the accused
12		upon any part of the clothed or unclothed body of the victim,
13		for the purpose of sexual gratification or arousal of the
14		victim or the accused.
15		"Sexual excitement". See Section 11-21.
16		"Sexual penetration" means any contact, however slight,
17		between the sex organ or anus of one person and an object or
18		the sex organ, mouth, or anus of another person, or any
19		intrusion, however slight, of any part of the body of one
20		person or of any animal or object into the sex organ or anus of
21		another person, including, but not limited to, cunnilingus,
22		fellatio, or anal penetration. Evidence of emission of semen
23		is not required to prove sexual penetration.
24		"Solicit". See Section 11-6.
25		"State-operated facility". See Section 11-9.5.
26		"Supervising officer". See Section 11-9.2.

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1		"Surveillance agent". See Section 11-9.2.
2		"Treatment and detention facility". See Section 11-9.2.
3		"Unable to give knowing consent" includes, but is not
4		limited to, when the victim was asleep, unconscious, or
5		unaware of the nature of the act such that the victim could not
6		give voluntary and knowing agreement to the sexual act.
7		"Unable to give knowing consent" also includes when the
8		accused administers any intoxicating or anesthetic substance,
9		or any controlled substance causing the victim to become
10		unconscious of the nature of the act and this condition was
11		known, or reasonably should have been known by the accused.
12		"Unable to give knowing consent" also includes when the victim
13		has taken an intoxicating substance or any controlled
14		substance causing the victim to become unconscious of the
15		nature of the act, and this condition was known or reasonably
16		should have been known by the accused, but the accused did not
17		provide or administer the intoxicating substance. As used in
18		this paragraph, "unconscious of the nature of the act" means
19		incapable of resisting because the victim meets any one of the
20		following conditions:
21		(1) was unconscious or asleep;
22		(2) was not aware, knowing, perceiving, or cognizant
23		that the act occurred;
24		(3) was not aware, knowing, perceiving, or cognizant
25		of the essential characteristics of the act due to the
26		perpetrator's fraud in fact; or

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1		(4) was not aware, knowing, perceiving, or cognizant
2		of the essential characteristics of the act due to the
3		perpetrator's fraudulent representation that the sexual
4		penetration served a professional purpose when it served
5		no professional purpose.
6		It is inferred that a victim is unable to give knowing
7		consent when the victim:
8		(1) is committed to the care and custody or
9		supervision of the Illinois Department of Corrections
10		(IDOC) and the accused is an employee or volunteer who is
11		not married to the victim who knows or reasonably should
12		know that the victim is committed to the care and custody
13		or supervision of such department;
14		(2) is committed to or placed with the Department of
15		Children and Family Services (DCFS) and in residential
16		care, and the accused employee is not married to the
17		victim, and knows or reasonably should know that the
18		victim is committed to or placed with DCFS and in
19		residential care;
20		(3) is a client or patient and the accused is a health
21		care provider or mental health care provider and the
22		sexual conduct or sexual penetration occurs during a
23		treatment session, consultation, interview, or
24		examination;
25		(4) is a resident or inpatient of a residential
26		facility and the accused is an employee of the facility

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1		who is not married to such resident or inpatient who
2		provides direct care services, case management services,
3		medical or other clinical services, habilitative services
4		or direct supervision of the residents in the facility in
5		which the resident resides; or an officer or other
6		employee, consultant, contractor or volunteer of the
7		residential facility, who knows or reasonably should know
8		that the person is a resident of such facility; or
9		(5) is detained or otherwise in the custody of a
10		police officer, peace officer, or other law enforcement
11		official who: (i) is detaining or maintaining custody of
12		such person; or (ii) knows, or reasonably should know,
13		that at the time of the offense, such person was detained
14		or in custody and the police officer, peace officer, or
15		other law enforcement official is not married to such
16		detainee.
17		"Victim" means a person alleging to have been subjected to
18		an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40,
19		11-1.50, or 11-1.60 of this Code.
20		(Source: P.A. 103-1071, eff. 7-1-25; 104-245, eff. 1-1-26;
21		revised 11-21-25.)
22		(720 ILCS 5/11-9.3)
23		Sec. 11-9.3. Presence within school zone by child sex
24		offenders prohibited; approaching, contacting, residing with,
25		or communicating with a child within certain places by child

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1		sex offenders prohibited.
2		(a) It is unlawful for a child sex offender to knowingly be
3		present in any school building, on real property comprising
4		any school, or in any conveyance owned, leased, or contracted
5		by a school to transport students to or from school or a
6		school-related school related activity when persons under the
7		age of 18 are present in the building, on the grounds or in the
8		conveyance, unless the offender is a parent or guardian of a
9		student attending the school and the parent or guardian is:
10		(i) attending a conference at the school with school personnel
11		to discuss the progress of his or her child academically or
12		socially, (ii) participating in child review conferences in
13		which evaluation and placement decisions may be made with
14		respect to his or her child regarding special education
15		services, or (iii) attending conferences to discuss other
16		student issues concerning his or her child such as retention
17		and promotion and notifies the principal of the school of his
18		or her presence at the school or unless the offender has
19		permission to be present from the superintendent or the school
20		board or in the case of a private school from the principal. In
21		the case of a public school, if permission is granted, the
22		superintendent or school board president must inform the
23		principal of the school where the sex offender will be
24		present. Notification includes the nature of the sex
25		offender's visit and the hours in which the sex offender will
26		be present in the school. The sex offender is responsible for

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1		notifying the principal's office when he or she arrives on
2		school property and when he or she departs from school
3		property. If the sex offender is to be present in the vicinity
4		of children, the sex offender has the duty to remain under the
5		direct supervision of a school official.
6		(a-5) It is unlawful for a child sex offender to knowingly
7		be present within 100 feet of a site posted as a pick-up or
8		discharge stop for a conveyance owned, leased, or contracted
9		by a school to transport students to or from school or a
10		school-related school related activity when one or more
11		persons under the age of 18 are present at the site.
12		(a-10) It is unlawful for a child sex offender to
13		knowingly be present in any public park building, a playground
14		or recreation area within any publicly accessible privately
15		owned building, or on real property comprising any public park
16		when persons under the age of 18 are present in the building or
17		on the grounds and to approach, contact, or communicate with a
18		child under 18 years of age, unless the offender is a parent or
19		guardian of a person under 18 years of age present in the
20		building or on the grounds.
21		(b) It is unlawful for a child sex offender to knowingly
22		loiter within 500 feet of a school building or real property
23		comprising any school while persons under the age of 18 are
24		present in the building or on the grounds, unless the offender
25		is a parent or guardian of a student attending the school and
26		the parent or guardian is: (i) attending a conference at the

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1		school with school personnel to discuss the progress of his or
2		her child academically or socially, (ii) participating in
3		child review conferences in which evaluation and placement
4		decisions may be made with respect to his or her child
5		regarding special education services, or (iii) attending
6		conferences to discuss other student issues concerning his or
7		her child such as retention and promotion and notifies the
8		principal of the school of his or her presence at the school or
9		has permission to be present from the superintendent or the
10		school board or in the case of a private school from the
11		principal. In the case of a public school, if permission is
12		granted, the superintendent or school board president must
13		inform the principal of the school where the sex offender will
14		be present. Notification includes the nature of the sex
15		offender's visit and the hours in which the sex offender will
16		be present in the school. The sex offender is responsible for
17		notifying the principal's office when he or she arrives on
18		school property and when he or she departs from school
19		property. If the sex offender is to be present in the vicinity
20		of children, the sex offender has the duty to remain under the
21		direct supervision of a school official.
22		(b-2) It is unlawful for a child sex offender to knowingly
23		loiter on a public way within 500 feet of a public park
24		building or real property comprising any public park while
25		persons under the age of 18 are present in the building or on
26		the grounds and to approach, contact, or communicate with a

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1		child under 18 years of age, unless the offender is a parent or
2		guardian of a person under 18 years of age present in the
3		building or on the grounds.
4		(b-5) It is unlawful for a child sex offender to knowingly
5		reside within 500 feet of a school building or the real
6		property comprising any school that persons under the age of
7		18 attend. Nothing in this subsection (b-5) prohibits a child
8		sex offender from residing within 500 feet of a school
9		building or the real property comprising any school that
10		persons under 18 attend if the property is owned by the child
11		sex offender and was purchased before July 7, 2000 (the
12		effective date of Public Act 91-911).
13		(b-10) It is unlawful for a child sex offender to
14		knowingly reside within 500 feet of a playground, early care
15		and education child care institution, early care and education
16		day care center, part day program child care facility, early
17		care and education day care home, group early care and
18		education day care home, or a provider facility providing
19		programs or services exclusively directed toward persons under
20		18 years of age. Nothing in this subsection (b-10) prohibits a
21		child sex offender from residing within 500 feet of a
22		playground or a provider facility providing programs or
23		services exclusively directed toward persons under 18 years of
24		age if the property is owned by the child sex offender and was
25		purchased before July 7, 2000. Nothing in this subsection
26		(b-10) prohibits a child sex offender from residing within 500

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1		feet of an early care and education a child care institution,
2		early care and education day care center, or part day program
3		child care facility if the property is owned by the child sex
4		offender and was purchased before June 26, 2006. Nothing in
5		this subsection (b-10) prohibits a child sex offender from
6		residing within 500 feet of an early care and education a day
7		care home or group early care and education day care home if
8		the property is owned by the child sex offender and was
9		purchased before August 14, 2008 (the effective date of Public
10		Act 95-821).
11		(b-15) It is unlawful for a child sex offender to
12		knowingly reside within 500 feet of the victim of the sex
13		offense. Nothing in this subsection (b-15) prohibits a child
14		sex offender from residing within 500 feet of the victim if the
15		property in which the child sex offender resides is owned by
16		the child sex offender and was purchased before August 22,
17		2002.
18		This subsection (b-15) does not apply if the victim of the
19		sex offense is 21 years of age or older.
20		(b-20) It is unlawful for a child sex offender to
21		knowingly communicate, other than for a lawful purpose under
22		Illinois law, using the Internet or any other digital media,
23		with a person under 18 years of age or with a person whom he or
24		she believes to be a person under 18 years of age, unless the
25		offender is a parent or guardian of the person under 18 years
26		of age.

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1		(c) It is unlawful for a child sex offender to knowingly
2		operate, manage, be employed by, volunteer at, be associated
3		with, or knowingly be present at any: (i) provider facility
4		providing programs or services exclusively directed toward
5		persons under the age of 18; (ii) early care and education day
6		care center; (iii) part day program child care facility; (iv)
7		early care and education child care institution; (v) school
8		providing before and after school programs for children under
9		18 years of age; (vi) early care and education day care home;
10		or (vii) group early care and education day care home. This
11		does not prohibit a child sex offender from owning the real
12		property upon which the programs or services are offered or
13		upon which the early care and education day care center, part
14		day program child care facility, early care and education
15		child care institution, or school providing before and after
16		school programs for children under 18 years of age is located,
17		provided the child sex offender refrains from being present on
18		the premises for the hours during which: (1) the programs or
19		services are being offered or (2) the early care and education
20		day care center, part day program child care facility, child
21		care institution, or school providing before and after school
22		programs for children under 18 years of age, early care and
23		education day care home, or group early care and education day
24		care home is operated.
25		(c-2) It is unlawful for a child sex offender to
26		participate in a holiday event involving children under 18

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1		years of age, including, but not limited to, distributing
2		candy or other items to children on Halloween, wearing a Santa
3		Claus costume on or preceding Christmas, being employed as a
4		department store Santa Claus, or wearing an Easter Bunny
5		costume on or preceding Easter. For the purposes of this
6		subsection, child sex offender has the meaning as defined in
7		this Section, but does not include as a sex offense under
8		paragraph (2) of subsection (d) of this Section, the offense
9		under subsection (c) of Section 11-1.50 of this Code. This
10		subsection does not apply to a child sex offender who is a
11		parent or guardian of children under 18 years of age that are
12		present in the home and other non-familial minors are not
13		present.
14		(c-5) It is unlawful for a child sex offender to knowingly
15		operate, manage, be employed by, or be associated with any
16		carnival, amusement enterprise, or county or State fair when
17		persons under the age of 18 are present.
18		(c-6) It is unlawful for a child sex offender who owns and
19		resides at residential real estate to knowingly rent any
20		residential unit within the same building in which he or she
21		resides to a person who is the parent or guardian of a child or
22		children under 18 years of age. This subsection shall apply
23		only to leases or other rental arrangements entered into after
24		January 1, 2009 (the effective date of Public Act 95-820).
25		(c-7) It is unlawful for a child sex offender to knowingly
26		offer or provide any programs or services to persons under 18

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1		years of age in his or her residence or the residence of
2		another or in any facility for the purpose of offering or
3		providing such programs or services, whether such programs or
4		services are offered or provided by contract, agreement,
5		arrangement, or on a volunteer basis.
6		(c-8) It is unlawful for a child sex offender to knowingly
7		operate, whether authorized to do so or not, any of the
8		following vehicles: (1) a vehicle which is specifically
9		designed, constructed or modified and equipped to be used for
10		the retail sale of food or beverages, including, but not
11		limited to, an ice cream truck; (2) an authorized emergency
12		vehicle; or (3) a rescue vehicle.
13		(d) Definitions. In this Section:
14		(1) "Child sex offender" means any person who:
15		(i) has been charged under Illinois law, or any
16		substantially similar federal law or law of another
17		state, with a sex offense set forth in paragraph (2) of
18		this subsection (d) or the attempt to commit an
19		included sex offense, and the victim is a person under
20		18 years of age at the time of the offense; and:
21		(A) is convicted of such offense or an attempt
22		to commit such offense; or
23		(B) is found not guilty by reason of insanity
24		of such offense or an attempt to commit such
25		offense; or
26		(C) is found not guilty by reason of insanity

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1		pursuant to subsection (c) of Section 104-25 of
2		the Code of Criminal Procedure of 1963 of such
3		offense or an attempt to commit such offense; or
4		(D) is the subject of a finding not resulting
5		in an acquittal at a hearing conducted pursuant to
6		subsection (a) of Section 104-25 of the Code of
7		Criminal Procedure of 1963 for the alleged
8		commission or attempted commission of such
9		offense; or
10		(E) is found not guilty by reason of insanity
11		following a hearing conducted pursuant to a
12		federal law or the law of another state
13		substantially similar to subsection (c) of Section
14		104-25 of the Code of Criminal Procedure of 1963
15		of such offense or of the attempted commission of
16		such offense; or
17		(F) is the subject of a finding not resulting
18		in an acquittal at a hearing conducted pursuant to
19		a federal law or the law of another state
20		substantially similar to subsection (a) of Section
21		104-25 of the Code of Criminal Procedure of 1963
22		for the alleged violation or attempted commission
23		of such offense; or
24		(ii) is certified as a sexually dangerous person
25		pursuant to the Illinois Sexually Dangerous Persons
26		Act, or any substantially similar federal law or the

HB3595 Enrolled - 1031 - LRB104 08153 BAB 18201 b
1		law of another state, when any conduct giving rise to
2		such certification is committed or attempted against a
3		person less than 18 years of age; or
4		(iii) is subject to the provisions of Section 2 of
5		the Interstate Agreements on Sexually Dangerous
6		Persons Act.
7		Convictions that result from or are connected with the
8		same act, or result from offenses committed at the same
9		time, shall be counted for the purpose of this Section as
10		one conviction. Any conviction set aside pursuant to law
11		is not a conviction for purposes of this Section.
12		(2) Except as otherwise provided in paragraph (2.5),
13		"sex offense" means:
14		(i) A violation of any of the following Sections
15		of the Criminal Code of 1961 or the Criminal Code of
16		2012:
17		10-4 (forcible detention),
18		10-7 (aiding or abetting child abduction under
19		Section 10-5(b)(10)),
20		10-5(b)(10) (child luring),
21		11-1.40 (predatory criminal sexual assault of
22		a child),
23		11-6 (indecent solicitation of a child),
24		11-6.5 (indecent solicitation of an adult),
25		11-9.1 (sexual exploitation of a child),
26		11-9.2 (custodial sexual misconduct),

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1		11-9.5 (sexual misconduct with a person with a
2		disability),
3		11-11 (sexual relations within families),
4		11-14.3(a)(1) (promoting prostitution by
5		advancing prostitution),
6		11-14.3(a)(2)(A) (promoting prostitution by
7		profiting from prostitution by compelling a person
8		to be a person engaged in the sex trade),
9		11-14.3(a)(2)(C) (promoting prostitution by
10		profiting from prostitution by means other than as
11		described in subparagraphs (A) and (B) of
12		paragraph (2) of subsection (a) of Section
13		11-14.3),
14		11-14.4 (promoting commercial sexual
15		exploitation of a child),
16		11-18.1 (patronizing a sexually exploited
17		child),
18		11-20.1 (child sexual abuse material or child
19		pornography),
20		11-20.1B (aggravated child pornography),
21		11-21 (harmful material),
22		11-25 (grooming),
23		11-26 (traveling to meet a minor or traveling
24		to meet a child),
25		12-33 (ritualized abuse of a child),
26		11-20 (obscenity) (when that offense was

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1		committed in any school, on real property
2		comprising any school, in any conveyance owned,
3		leased, or contracted by a school to transport
4		students to or from school or a school-related
5		school related activity, or in a public park),
6		11-30 (public indecency) (when committed in a
7		school, on real property comprising a school, in
8		any conveyance owned, leased, or contracted by a
9		school to transport students to or from school or
10		a school-related school related activity, or in a
11		public park).
12		An attempt to commit any of these offenses.
13		(ii) A violation of any of the following Sections
14		of the Criminal Code of 1961 or the Criminal Code of
15		2012, when the victim is a person under 18 years of
16		age:
17		11-1.20 (criminal sexual assault),
18		11-1.30 (aggravated criminal sexual assault),
19		11-1.50 (criminal sexual abuse),
20		11-1.60 (aggravated criminal sexual abuse).
21		An attempt to commit any of these offenses.
22		(iii) A violation of any of the following Sections
23		of the Criminal Code of 1961 or the Criminal Code of
24		2012, when the victim is a person under 18 years of age
25		and the defendant is not a parent of the victim:
26		10-1 (kidnapping),

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1		10-2 (aggravated kidnapping),
2		10-3 (unlawful restraint),
3		10-3.1 (aggravated unlawful restraint),
4		11-9.1(A) (permitting sexual abuse of a
5		child).
6		An attempt to commit any of these offenses.
7		(iv) A violation of any former law of this State
8		substantially equivalent to any offense listed in
9		clause (2)(i) or (2)(ii) of subsection (d) of this
10		Section.
11		(2.5) For the purposes of subsections (b-5) and (b-10)
12		only, a sex offense means:
13		(i) A violation of any of the following Sections
14		of the Criminal Code of 1961 or the Criminal Code of
15		2012:
16		10-5(b)(10) (child luring),
17		10-7 (aiding or abetting child abduction under
18		Section 10-5(b)(10)),
19		11-1.40 (predatory criminal sexual assault of
20		a child),
21		11-6 (indecent solicitation of a child),
22		11-6.5 (indecent solicitation of an adult),
23		11-9.2 (custodial sexual misconduct),
24		11-9.5 (sexual misconduct with a person with a
25		disability),
26		11-11 (sexual relations within families),

HB3595 Enrolled - 1035 - LRB104 08153 BAB 18201 b
1		11-14.3(a)(1) (promoting prostitution by
2		advancing prostitution),
3		11-14.3(a)(2)(A) (promoting prostitution by
4		profiting from prostitution by compelling a person
5		to be a person engaged in the sex trade),
6		11-14.3(a)(2)(C) (promoting prostitution by
7		profiting from prostitution by means other than as
8		described in subparagraphs (A) and (B) of
9		paragraph (2) of subsection (a) of Section
10		11-14.3),
11		11-14.4 (promoting commercial sexual
12		exploitation of a child),
13		11-18.1 (patronizing a sexually exploited
14		child),
15		11-20.1 (child sexual abuse material or child
16		pornography),
17		11-20.1B (aggravated child pornography),
18		11-25 (grooming),
19		11-26 (traveling to meet a minor or traveling
20		to meet a child), or
21		12-33 (ritualized abuse of a child).
22		An attempt to commit any of these offenses.
23		(ii) A violation of any of the following Sections
24		of the Criminal Code of 1961 or the Criminal Code of
25		2012, when the victim is a person under 18 years of
26		age:

HB3595 Enrolled - 1036 - LRB104 08153 BAB 18201 b
1		11-1.20 (criminal sexual assault),
2		11-1.30 (aggravated criminal sexual assault),
3		11-1.60 (aggravated criminal sexual abuse),
4		and
5		subsection (a) of Section 11-1.50 (criminal
6		sexual abuse).
7		An attempt to commit any of these offenses.
8		(iii) A violation of any of the following Sections
9		of the Criminal Code of 1961 or the Criminal Code of
10		2012, when the victim is a person under 18 years of age
11		and the defendant is not a parent of the victim:
12		10-1 (kidnapping),
13		10-2 (aggravated kidnapping),
14		10-3 (unlawful restraint),
15		10-3.1 (aggravated unlawful restraint),
16		11-9.1(A) (permitting sexual abuse of a
17		child).
18		An attempt to commit any of these offenses.
19		(iv) A violation of any former law of this State
20		substantially equivalent to any offense listed in this
21		paragraph (2.5) of this subsection.
22		(3) A conviction for an offense of federal law or the
23		law of another state that is substantially equivalent to
24		any offense listed in paragraph (2) of subsection (d) of
25		this Section shall constitute a conviction for the purpose
26		of this Section. A finding or adjudication as a sexually

HB3595 Enrolled - 1037 - LRB104 08153 BAB 18201 b
1		dangerous person under any federal law or law of another
2		state that is substantially equivalent to the Sexually
3		Dangerous Persons Act shall constitute an adjudication for
4		the purposes of this Section.
5		(4) "Authorized emergency vehicle", "rescue vehicle",
6		and "vehicle" have the meanings ascribed to them in
7		Sections 1-105, 1-171.8 and 1-217, respectively, of the
8		Illinois Vehicle Code.
9		(5) "Child care institution" has the meaning ascribed
10		to it in Section 2.06 of the Child Care Act of 1969.
11		(6) "Early care and education Day care center" has the
12		meaning ascribed to it in Section 2.09 of the Child Care
13		Act of 1969.
14		(7) "Early care and education Day care home" has the
15		meaning ascribed to it in Section 2.18 of the Child Care
16		Act of 1969.
17		(8) "Facility providing programs or services directed
18		towards persons under the age of 18" means any facility
19		providing programs or services exclusively directed
20		towards persons under the age of 18.
21		(9) "Group early care and education day care home" has
22		the meaning ascribed to it in Section 2.20 of the Child
23		Care Act of 1969.
24		(10) "Internet" has the meaning set forth in Section
25		16-0.1 of this Code.
26		(11) "Loiter" means:

HB3595 Enrolled - 1038 - LRB104 08153 BAB 18201 b
1		(i) Standing, sitting idly, whether or not the
2		person is in a vehicle, or remaining in or around
3		school or public park property.
4		(ii) Standing, sitting idly, whether or not the
5		person is in a vehicle, or remaining in or around
6		school or public park property, for the purpose of
7		committing or attempting to commit a sex offense.
8		(iii) Entering or remaining in a building in or
9		around school property, other than the offender's
10		residence.
11		(12) "Part day program child care facility" means part
12		day programs for children ages 3 until they turn 5 or begin
13		kindergarten, whichever is later, where the child is
14		present for a maximum of 3 hours per day and the parent or
15		guardian is not on site has the meaning ascribed to it in
16		Section 2.10 of the Child Care Act of 1969.
17		(13) "Playground" means a piece of land owned or
18		controlled by a unit of local government that is
19		designated by the unit of local government for use solely
20		or primarily for children's recreation.
21		(14) "Public park" includes a park, forest preserve,
22		bikeway, trail, or conservation area under the
23		jurisdiction of the State or a unit of local government.
24		(15) "School" means a public or private preschool or
25		elementary or secondary school.
26		(16) "School official" means the principal, a teacher,

HB3595 Enrolled - 1039 - LRB104 08153 BAB 18201 b
1		or any other certified employee of the school, the
2		superintendent of schools or a member of the school board.
3		(e) For the purposes of this Section, the 500 feet
4		distance shall be measured from: (1) the edge of the property
5		of the school building or the real property comprising the
6		school that is closest to the edge of the property of the child
7		sex offender's residence or where he or she is loitering, and
8		(2) the edge of the property comprising the public park
9		building or the real property comprising the public park,
10		playground, child care institution, early care and education
11		day care center, part day program child care facility, or
12		facility providing programs or services exclusively directed
13		toward persons under 18 years of age, or a victim of the sex
14		offense who is under 21 years of age, to the edge of the child
15		sex offender's place of residence or place where he or she is
16		loitering.
17		(f) Sentence. A person who violates this Section is guilty
18		of a Class 4 felony.
19		(Source: P.A. 103-1071, eff. 7-1-25; 104-245, eff. 1-1-26;
20		revised 11-21-25.)
21		(720 ILCS 5/11-24)
22		Sec. 11-24. Child photography by sex offender.
23		(a) In this Section:
24		"Child" means a person under 18 years of age.
25		"Child sex offender" has the meaning ascribed to it in

HB3595 Enrolled - 1040 - LRB104 08153 BAB 18201 b
1		Section 11-0.1 of this Code.
2		(b) It is unlawful for a child sex offender to knowingly:
3		(1) conduct or operate any type of business in which
4		he or she photographs, videotapes, or takes a digital
5		image of a child; or
6		(2) conduct or operate any type of business in which
7		he or she instructs or directs another person to
8		photograph, videotape, or take a digital image of a child;
9		or
10		(3) photograph, videotape, or take a digital image of
11		a child, or instruct or direct another person to
12		photograph, videotape, or take a digital image of a child
13		without the consent of the parent or guardian.
14		(c) Sentence. A violation of this Section is a Class 2
15		felony. A person who violates this Section at a playground,
16		park facility, school, forest preserve, early care and
17		education provider's location day care facility, or at a
18		facility providing programs or services directed to persons
19		under 17 years of age is guilty of a Class 1 felony.
20		(Source: P.A. 95-983, eff. 6-1-09; 96-1551, eff. 7-1-11.)
21		(720 ILCS 5/18-1)  (from Ch. 38, par. 18-1)
22		Sec. 18-1. Robbery; aggravated robbery.
23		(a) Robbery. A person commits robbery when he or she
24		knowingly takes property, except a motor vehicle covered by
25		Section 18-3 or 18-4, from the person or presence of another by

HB3595 Enrolled - 1041 - LRB104 08153 BAB 18201 b
1		the use of force or by threatening the imminent use of force.
2		(b) Aggravated robbery.
3		(1) A person commits aggravated robbery when he or she
4		violates subsection (a) while indicating verbally or by
5		his or her actions to the victim that he or she is
6		presently armed with a firearm or other dangerous weapon,
7		including a knife, club, ax, or bludgeon. This offense
8		shall be applicable even though it is later determined
9		that he or she had no firearm or other dangerous weapon,
10		including a knife, club, ax, or bludgeon, in his or her
11		possession when he or she committed the robbery.
12		(2) A person commits aggravated robbery when he or she
13		knowingly takes property from the person or presence of
14		another by delivering (by injection, inhalation,
15		ingestion, transfer of possession, or any other means) to
16		the victim without his or her consent, or by threat or
17		deception, and for other than medical purposes, any
18		controlled substance.
19		(c) Sentence.
20		Robbery is a Class 2 felony, unless the victim is 60 years
21		of age or over or is a person with a physical disability, or
22		the robbery is committed in a school, early care and education
23		day care center, early care and education day care home, group
24		early care and education day care home, or part day program
25		child care facility, or place of worship, in which case
26		robbery is a Class 1 felony. Aggravated robbery is a Class 1

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1		felony.
2		(d) Regarding penalties prescribed in subsection (c) for
3		violations committed in an early care and education a day care
4		center, early care and education day care home, group early
5		care and education day care home, or part day program child
6		care facility, the time of day, time of year, and whether
7		children under 18 years of age were present in the early care
8		and education day care center, early care and education day
9		care home, group early care and education day care home, or
10		part day program child care facility are irrelevant.
11		(Source: P.A. 99-143, eff. 7-27-15.)
12		(720 ILCS 5/19-1)  (from Ch. 38, par. 19-1)
13		Sec. 19-1. Burglary.
14		(a) A person commits burglary when without authority he or
15		she knowingly enters or without authority remains within a
16		building, housetrailer, watercraft, aircraft, motor vehicle,
17		railroad car, freight container, or any part thereof, with
18		intent to commit therein a felony or theft. This offense shall
19		not include the offenses set out in Section 4-102 of the
20		Illinois Vehicle Code.
21		(b) Sentence.
22		Burglary committed in, and without causing damage to, a
23		watercraft, aircraft, motor vehicle, railroad car, freight
24		container, or any part thereof is a Class 3 felony. Burglary
25		committed in a building, housetrailer, or any part thereof or

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1		while causing damage to a watercraft, aircraft, motor vehicle,
2		railroad car, freight container, or any part thereof is a
3		Class 2 felony. A burglary committed in a school, early care
4		and education day care center, early care and education day
5		care home, group early care and education day care home, or
6		part day program child care facility, or place of worship is a
7		Class 1 felony, except that this provision does not apply to an
8		early care and education a day care center, early care and
9		education day care home, group early care and education day
10		care home, or part day program child care facility operated in
11		a private residence used as a dwelling.
12		(c) Regarding penalties prescribed in subsection (b) for
13		violations committed in an early care and education a day care
14		center, early care and education day care home, group early
15		care and education day care home, or part day program child
16		care facility, the time of day, time of year, and whether
17		children under 18 years of age were present in the early care
18		and education day care center, early care and education day
19		care home, group early care and education day care home, or
20		part day program child care facility are irrelevant.
21		(Source: P.A. 102-546, eff. 1-1-22.)
22		(720 ILCS 5/48-1)  (was 720 ILCS 5/26-5)
23		Sec. 48-1. Dog fighting. (For other provisions that may
24		apply to dog fighting, see the Humane Care for Animals Act. For
25		provisions similar to this Section that apply to animals other

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1		than dogs, see in particular Section 4.01 of the Humane Care
2		for Animals Act.)
3		(a) No person may own, capture, breed, train, or lease any
4		dog which he or she knows is intended for use in any show,
5		exhibition, program, or other activity featuring or otherwise
6		involving a fight between the dog and any other animal or
7		human, or the intentional killing of any dog for the purpose of
8		sport, wagering, or entertainment.
9		(b) No person may promote, conduct, carry on, advertise,
10		collect money for or in any other manner assist or aid in the
11		presentation for purposes of sport, wagering, or entertainment
12		of any show, exhibition, program, or other activity involving
13		a fight between 2 or more dogs or any dog and human, or the
14		intentional killing of any dog.
15		(c) No person may sell or offer for sale, ship, transport,
16		or otherwise move, or deliver or receive any dog which he or
17		she knows has been captured, bred, or trained, or will be used,
18		to fight another dog or human or be intentionally killed for
19		purposes of sport, wagering, or entertainment.
20		(c-5) No person may solicit a minor to violate this
21		Section.
22		(d) No person may manufacture for sale, shipment,
23		transportation, or delivery any device or equipment which he
24		or she knows or should know is intended for use in any show,
25		exhibition, program, or other activity featuring or otherwise
26		involving a fight between 2 or more dogs, or any human and dog,

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1		or the intentional killing of any dog for purposes of sport,
2		wagering, or entertainment.
3		(e) No person may own, possess, sell or offer for sale,
4		ship, transport, or otherwise move any equipment or device
5		which he or she knows or should know is intended for use in
6		connection with any show, exhibition, program, or activity
7		featuring or otherwise involving a fight between 2 or more
8		dogs, or any dog and human, or the intentional killing of any
9		dog for purposes of sport, wagering or entertainment.
10		(f) No person may knowingly make available any site,
11		structure, or facility, whether enclosed or not, that he or
12		she knows is intended to be used for the purpose of conducting
13		any show, exhibition, program, or other activity involving a
14		fight between 2 or more dogs, or any dog and human, or the
15		intentional killing of any dog or knowingly manufacture,
16		distribute, or deliver fittings to be used in a fight between 2
17		or more dogs or a dog and human.
18		(g) No person may knowingly attend or otherwise patronize
19		any show, exhibition, program, or other activity featuring or
20		otherwise involving a fight between 2 or more dogs, or any dog
21		and human, or the intentional killing of any dog for purposes
22		of sport, wagering, or entertainment.
23		(h) No person may tie or attach or fasten any live animal
24		to any machine or device propelled by any power for the purpose
25		of causing the animal to be pursued by a dog or dogs. This
26		subsection (h) applies only when the dog is intended to be used

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1		in a dog fight.
2		(i) Sentence.
3		(1) Any person convicted of violating subsection (a),
4		(b), (c), or (h) of this Section is guilty of a Class 4
5		felony for a first violation and a Class 3 felony for a
6		second or subsequent violation, and may be fined an amount
7		not to exceed $50,000.
8		(1.5) A person who knowingly owns a dog for fighting
9		purposes or for producing a fight between 2 or more dogs or
10		a dog and human or who knowingly offers for sale or sells a
11		dog bred for fighting is guilty of a Class 3 felony and may
12		be fined an amount not to exceed $50,000, if the dog
13		participates in a dogfight and any of the following
14		factors is present:
15		(i) the dogfight is performed in the presence of a
16		person under 18 years of age;
17		(ii) the dogfight is performed for the purpose of
18		or in the presence of illegal wagering activity; or
19		(iii) the dogfight is performed in furtherance of
20		streetgang related activity as defined in Section 10
21		of the Illinois Streetgang Terrorism Omnibus
22		Prevention Act.
23		(1.7) A person convicted of violating subsection (c-5)
24		of this Section is guilty of a Class 4 felony.
25		(2) Any person convicted of violating subsection (d)
26		or (e) of this Section is guilty of a Class 4 felony for a

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1		first violation. A second or subsequent violation of
2		subsection (d) or (e) of this Section is a Class 3 felony.
3		(2.5) Any person convicted of violating subsection (f)
4		of this Section is guilty of a Class 4 felony. Any person
5		convicted of violating subsection (f) of this Section in
6		which the site, structure, or facility made available to
7		violate subsection (f) is located within 1,000 feet of a
8		school, public park, playground, early care and education
9		child care institution, early care and education day care
10		center, part day program child care facility, early care
11		and education day care home, group early care and
12		education day care home, or a facility providing programs
13		or services exclusively directed toward persons under 18
14		years of age is guilty of a Class 3 felony for a first
15		violation and a Class 2 felony for a second or subsequent
16		violation.
17		(3) Any person convicted of violating subsection (g)
18		of this Section is guilty of a Class 4 felony for a first
19		violation. A second or subsequent violation of subsection
20		(g) of this Section is a Class 3 felony. If a person under
21		13 years of age is present at any show, exhibition,
22		program, or other activity prohibited in subsection (g),
23		the parent, legal guardian, or other person who is 18
24		years of age or older who brings that person under 13 years
25		of age to that show, exhibition, program, or other
26		activity is guilty of a Class 3 felony for a first

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1		violation and a Class 2 felony for a second or subsequent
2		violation.
3		(i-5) A person who commits a felony violation of this
4		Section is subject to the property forfeiture provisions set
5		forth in Article 124B of the Code of Criminal Procedure of
6		1963.
7		(j) Any dog or equipment involved in a violation of this
8		Section shall be immediately seized and impounded under
9		Section 12 of the Humane Care for Animals Act when located at
10		any show, exhibition, program, or other activity featuring or
11		otherwise involving a dog fight for the purposes of sport,
12		wagering, or entertainment.
13		(k) Any vehicle or conveyance other than a common carrier
14		that is used in violation of this Section shall be seized,
15		held, and offered for sale at public auction by the sheriff's
16		department of the proper jurisdiction, and the proceeds from
17		the sale shall be remitted to the general fund of the county
18		where the violation took place.
19		(l) Any veterinarian in this State who is presented with a
20		dog for treatment of injuries or wounds resulting from
21		fighting where there is a reasonable possibility that the dog
22		was engaged in or utilized for a fighting event for the
23		purposes of sport, wagering, or entertainment shall file a
24		report with the Department of Agriculture and cooperate by
25		furnishing the owners' names, dates, and descriptions of the
26		dog or dogs involved. Any veterinarian who in good faith

HB3595 Enrolled - 1049 - LRB104 08153 BAB 18201 b
1		complies with the requirements of this subsection has immunity
2		from any liability, civil, criminal, or otherwise, that may
3		result from his or her actions. For the purposes of any
4		proceedings, civil or criminal, the good faith of the
5		veterinarian shall be rebuttably presumed.
6		(m) In addition to any other penalty provided by law, upon
7		conviction for violating this Section, the court may order
8		that the convicted person and persons dwelling in the same
9		household as the convicted person who conspired, aided, or
10		abetted in the unlawful act that was the basis of the
11		conviction, or who knew or should have known of the unlawful
12		act, may not own, harbor, or have custody or control of any dog
13		or other animal for a period of time that the court deems
14		reasonable.
15		(n) A violation of subsection (a) of this Section may be
16		inferred from evidence that the accused possessed any device
17		or equipment described in subsection (d), (e), or (h) of this
18		Section, and also possessed any dog.
19		(o) When no longer required for investigations or court
20		proceedings relating to the events described or depicted
21		therein, evidence relating to convictions for violations of
22		this Section shall be retained and made available for use in
23		training peace officers in detecting and identifying
24		violations of this Section. Such evidence shall be made
25		available upon request to other law enforcement agencies and
26		to schools certified under the Illinois Police Training Act.

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1		(p) For the purposes of this Section, "school" has the
2		meaning ascribed to it in Section 11-9.3 of this Code; and
3		"public park", "playground", "early care and education child
4		care institution", "early care and education day care center",
5		"part day program child care facility", "early care and
6		education day care home", "group early care and education day
7		care home", and "facility providing programs or services
8		exclusively directed toward persons under 18 years of age"
9		have the meanings ascribed to them in Section 11-9.4 of this
10		Code.
11		(Source: P.A. 96-226, eff. 8-11-09; 96-712, eff. 1-1-10;
12		96-1000, eff. 7-2-10; 96-1091, eff. 1-1-11; 97-1108, eff.
13		1-1-13.)
14		Section 295. The Code of Criminal Procedure of 1963 is
15		amended by changing Sections 112A-14.5, 112A-14.7, and 112A-22
16		as follows:
17		(725 ILCS 5/112A-14.5)
18		Sec. 112A-14.5. Civil no contact order; remedies.
19		(a) The court may order any of the remedies listed in this
20		Section. The remedies listed in this Section shall be in
21		addition to other civil or criminal remedies available to
22		petitioner:
23		(1) prohibit the respondent from knowingly coming
24		within, or knowingly remaining within, a specified

HB3595 Enrolled - 1051 - LRB104 08153 BAB 18201 b
1		distance from the petitioner;
2		(2) restrain the respondent from having any contact,
3		including nonphysical contact, with the petitioner
4		directly, indirectly, or through third parties, regardless
5		of whether those third parties know of the order;
6		(3) prohibit the respondent from knowingly coming
7		within, or knowingly remaining within, a specified
8		distance from the petitioner's residence, school, early
9		care and education, day care or other specified location;
10		(4) order the respondent to stay away from any
11		property or animal owned, possessed, leased, kept, or held
12		by the petitioner and forbid the respondent from taking,
13		transferring, encumbering, concealing, harming, or
14		otherwise disposing of the property or animal; and
15		(5) order any other injunctive relief as necessary or
16		appropriate for the protection of the petitioner.
17		(b) When the petitioner and the respondent attend the same
18		public or private elementary, middle, or high school, the
19		court when issuing a civil no contact order and providing
20		relief shall consider the severity of the act, any continuing
21		physical danger or emotional distress to the petitioner, the
22		educational rights guaranteed to the petitioner and respondent
23		under federal and State law, the availability of a transfer of
24		the respondent to another school, a change of placement or a
25		change of program of the respondent, the expense, difficulty,
26		and educational disruption that would be caused by a transfer

HB3595 Enrolled - 1052 - LRB104 08153 BAB 18201 b
1		of the respondent to another school, and any other relevant
2		facts of the case. The court may order that the respondent not
3		attend the public, private, or non-public elementary, middle,
4		or high school attended by the petitioner, order that the
5		respondent accept a change of placement or program, as
6		determined by the school district or private or non-public
7		school, or place restrictions on the respondent's movements
8		within the school attended by the petitioner. The respondent
9		bears the burden of proving by a preponderance of the evidence
10		that a transfer, change of placement, or change of program of
11		the respondent is not available. The respondent also bears the
12		burden of production with respect to the expense, difficulty,
13		and educational disruption that would be caused by a transfer
14		of the respondent to another school. A transfer, change of
15		placement, or change of program is not unavailable to the
16		respondent solely on the ground that the respondent does not
17		agree with the school district's or private or non-public
18		school's transfer, change of placement, or change of program
19		or solely on the ground that the respondent fails or refuses to
20		consent to or otherwise does not take an action required to
21		effectuate a transfer, change of placement, or change of
22		program. When a court orders a respondent to stay away from the
23		public, private, or non-public school attended by the
24		petitioner and the respondent requests a transfer to another
25		attendance center within the respondent's school district or
26		private or non-public school, the school district or private

HB3595 Enrolled - 1053 - LRB104 08153 BAB 18201 b
1		or non-public school shall have sole discretion to determine
2		the attendance center to which the respondent is transferred.
3		If the court order results in a transfer of the minor
4		respondent to another attendance center, a change in the
5		respondent's placement, or a change of the respondent's
6		program, the parents, guardian, or legal custodian of the
7		respondent is responsible for transportation and other costs
8		associated with the transfer or change.
9		(c) The court may order the parents, guardian, or legal
10		custodian of a minor respondent to take certain actions or to
11		refrain from taking certain actions to ensure that the
12		respondent complies with the order. If the court orders a
13		transfer of the respondent to another school, the parents or
14		legal guardians of the respondent are responsible for
15		transportation and other costs associated with the change of
16		school by the respondent.
17		(d) Denial of a remedy may not be based, in whole or in
18		part, on evidence that:
19		(1) the respondent has cause for any use of force,
20		unless that cause satisfies the standards for justifiable
21		use of force provided by Article 7 of the Criminal Code of
22		2012;
23		(2) the respondent was voluntarily intoxicated;
24		(3) the petitioner acted in self-defense or defense of
25		another, provided that, if the petitioner utilized force,
26		such force was justifiable under Article 7 of the Criminal

HB3595 Enrolled - 1054 - LRB104 08153 BAB 18201 b
1		Code of 2012;
2		(4) the petitioner did not act in self-defense or
3		defense of another;
4		(5) the petitioner left the residence or household to
5		avoid further non-consensual sexual conduct or
6		non-consensual sexual penetration by the respondent; or
7		(6) the petitioner did not leave the residence or
8		household to avoid further non-consensual sexual conduct
9		or non-consensual sexual penetration by the respondent.
10		(e) Monetary damages are not recoverable as a remedy.
11		(Source: P.A. 100-199, eff. 1-1-18.)
12		(725 ILCS 5/112A-14.7)
13		Sec. 112A-14.7. Stalking no contact order; remedies.
14		(a) The court may order any of the remedies listed in this
15		Section. The remedies listed in this Section shall be in
16		addition to other civil or criminal remedies available to
17		petitioner. A stalking no contact order shall order one or
18		more of the following:
19		(1) prohibit the respondent from threatening to commit
20		or committing stalking;
21		(2) order the respondent not to have any contact with
22		the petitioner or a third person specifically named by the
23		court;
24		(3) prohibit the respondent from knowingly coming
25		within, or knowingly remaining within a specified distance

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1		of the petitioner or the petitioner's residence, school,
2		early care and education daycare, or place of employment,
3		or any specified place frequented by the petitioner;
4		however, the court may order the respondent to stay away
5		from the respondent's own residence, school, or place of
6		employment only if the respondent has been provided actual
7		notice of the opportunity to appear and be heard on the
8		petition;
9		(4) prohibit the respondent from possessing a Firearm
10		Owners Identification Card, or possessing or buying
11		firearms; and
12		(5) order other injunctive relief the court determines
13		to be necessary to protect the petitioner or third party
14		specifically named by the court.
15		(b) When the petitioner and the respondent attend the same
16		public, private, or non-public elementary, middle, or high
17		school, the court when issuing a stalking no contact order and
18		providing relief shall consider the severity of the act, any
19		continuing physical danger or emotional distress to the
20		petitioner, the educational rights guaranteed to the
21		petitioner and respondent under federal and State law, the
22		availability of a transfer of the respondent to another
23		school, a change of placement or a change of program of the
24		respondent, the expense, difficulty, and educational
25		disruption that would be caused by a transfer of the
26		respondent to another school, and any other relevant facts of

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1		the case. The court may order that the respondent not attend
2		the public, private, or non-public elementary, middle, or high
3		school attended by the petitioner, order that the respondent
4		accept a change of placement or program, as determined by the
5		school district or private or non-public school, or place
6		restrictions on the respondent's movements within the school
7		attended by the petitioner. The respondent bears the burden of
8		proving by a preponderance of the evidence that a transfer,
9		change of placement, or change of program of the respondent is
10		not available. The respondent also bears the burden of
11		production with respect to the expense, difficulty, and
12		educational disruption that would be caused by a transfer of
13		the respondent to another school. A transfer, change of
14		placement, or change of program is not unavailable to the
15		respondent solely on the ground that the respondent does not
16		agree with the school district's or private or non-public
17		school's transfer, change of placement, or change of program
18		or solely on the ground that the respondent fails or refuses to
19		consent to or otherwise does not take an action required to
20		effectuate a transfer, change of placement, or change of
21		program. When a court orders a respondent to stay away from the
22		public, private, or non-public school attended by the
23		petitioner and the respondent requests a transfer to another
24		attendance center within the respondent's school district or
25		private or non-public school, the school district or private
26		or non-public school shall have sole discretion to determine

HB3595 Enrolled - 1057 - LRB104 08153 BAB 18201 b
1		the attendance center to which the respondent is transferred.
2		If the court order results in a transfer of the minor
3		respondent to another attendance center, a change in the
4		respondent's placement, or a change of the respondent's
5		program, the parents, guardian, or legal custodian of the
6		respondent is responsible for transportation and other costs
7		associated with the transfer or change.
8		(c) The court may order the parents, guardian, or legal
9		custodian of a minor respondent to take certain actions or to
10		refrain from taking certain actions to ensure that the
11		respondent complies with the order. If the court orders a
12		transfer of the respondent to another school, the parents,
13		guardian, or legal custodian of the respondent are responsible
14		for transportation and other costs associated with the change
15		of school by the respondent.
16		(d) The court shall not hold a school district or private
17		or non-public school or any of its employees in civil or
18		criminal contempt unless the school district or private or
19		non-public school has been allowed to intervene.
20		(e) The court may hold the parents, guardian, or legal
21		custodian of a minor respondent in civil or criminal contempt
22		for a violation of any provision of any order entered under
23		this Article for conduct of the minor respondent in violation
24		of this Article if the parents, guardian, or legal custodian
25		directed, encouraged, or assisted the respondent minor in the
26		conduct.

HB3595 Enrolled - 1058 - LRB104 08153 BAB 18201 b
1		(f) Monetary damages are not recoverable as a remedy.
2		(g) If the stalking no contact order prohibits the
3		respondent from possessing a Firearm Owner's Identification
4		Card, or possessing or buying firearms; the court shall
5		confiscate the respondent's Firearm Owner's Identification
6		Card and immediately return the card to the Illinois State
7		Police Firearm Owner's Identification Card Office.
8		(Source: P.A. 102-538, eff. 8-20-21.)
9		(725 ILCS 5/112A-22)  (from Ch. 38, par. 112A-22)
10		Sec. 112A-22. Notice of orders.
11		(a) Entry and issuance. Upon issuance of any protective
12		order, the clerk shall immediately, or on the next court day if
13		an ex parte order is issued under subsection (e) of Section
14		112A-17.5 of this Code, (i) enter the order on the record and
15		file it in accordance with the circuit court procedures and
16		(ii) provide a file stamped copy of the order to respondent and
17		to petitioner, if present, and to the State's Attorney. If the
18		victim is not present the State's Attorney shall (i) as soon as
19		practicable notify the petitioner the order has been entered
20		and (ii) provide a file stamped copy of the order to the
21		petitioner within 3 days.
22		(b) Filing with sheriff. The clerk of the issuing judge
23		shall, on the same day that a protective order is issued, file
24		a copy of that order with the sheriff or other law enforcement
25		officials charged with maintaining Illinois State Police

HB3595 Enrolled - 1059 - LRB104 08153 BAB 18201 b
1		records or charged with serving the order upon respondent. If
2		the order was issued under subsection (e) of Section 112A-17.5
3		of this Code, the clerk on the next court day shall file a
4		certified copy of the order with the sheriff or other law
5		enforcement officials charged with maintaining Illinois State
6		Police records.
7		(c) (Blank).
8		(c-2) Service by sheriff. Unless respondent was present in
9		court when the order was issued, the sheriff, other law
10		enforcement official, or special process server shall promptly
11		serve that order upon respondent and file proof of the
12		service, in the manner provided for service of process in
13		civil proceedings. Instead of serving the order upon the
14		respondent; however, the sheriff, other law enforcement
15		official, special process server, or other persons defined in
16		Section 112A-22.1 of this Code may serve the respondent with a
17		short form notification as provided in Section 112A-22.1 of
18		this Code. If process has not yet been served upon the
19		respondent, process shall be served with the order or short
20		form notification if the service is made by the sheriff, other
21		law enforcement official, or special process server.
22		(c-3) If the person against whom the protective order is
23		issued is arrested and the written order is issued under
24		subsection (e) of Section 112A-17.5 of this Code and received
25		by the custodial law enforcement agency before the respondent
26		or arrestee is released from custody, the custodial law

HB3595 Enrolled - 1060 - LRB104 08153 BAB 18201 b
1		enforcement agency shall promptly serve the order upon the
2		respondent or arrestee before the respondent or arrestee is
3		released from custody. In no event shall detention of the
4		respondent or arrestee be extended for a hearing on the
5		petition for protective order or receipt of the order issued
6		under Section 112A-17 of this Code.
7		(c-4) Extensions, modifications, and revocations. Any
8		order extending, modifying, or revoking any protective order
9		shall be promptly recorded, issued, and served as provided in
10		this Section.
11		(c-5) (Blank).
12		(d) (Blank).
13		(e) Notice to health care facilities and health care
14		practitioners. Upon the request of the petitioner, the clerk
15		of the circuit court shall send a certified copy of the
16		protective order to any specified health care facility or
17		health care practitioner requested by the petitioner at the
18		mailing address provided by the petitioner.
19		(f) Disclosure by health care facilities and health care
20		practitioners. After receiving a certified copy of a
21		protective order that prohibits a respondent's access to
22		records, no health care facility or health care practitioner
23		shall allow a respondent access to the records of any child who
24		is a protected person under the protective order, or release
25		information in those records to the respondent, unless the
26		order has expired or the respondent shows a certified copy of

HB3595 Enrolled - 1061 - LRB104 08153 BAB 18201 b
1		the court order vacating the corresponding protective order
2		that was sent to the health care facility or practitioner.
3		Nothing in this Section shall be construed to require health
4		care facilities or health care practitioners to alter
5		procedures related to billing and payment. The health care
6		facility or health care practitioner may file the copy of the
7		protective order in the records of a child who is a protected
8		person under the protective order, or may employ any other
9		method to identify the records to which a respondent is
10		prohibited access. No health care facility or health care
11		practitioner shall be civilly or professionally liable for
12		reliance on a copy of a protective order, except for willful
13		and wanton misconduct.
14		(g) Notice to schools. Upon the request of the petitioner,
15		within 24 hours of the issuance of a protective order, the
16		clerk of the issuing judge shall send a certified copy of the
17		protective order to the early care and education day-care
18		facility, pre-school or pre-kindergarten, or private school or
19		the principal office of the public school district or any
20		college or university in which any child who is a protected
21		person under the protective order or any child of the
22		petitioner is enrolled as requested by the petitioner at the
23		mailing address provided by the petitioner. If the child
24		transfers enrollment to another early care and education
25		day-care facility, pre-school, pre-kindergarten, private
26		school, public school, college, or university, the petitioner

HB3595 Enrolled - 1062 - LRB104 08153 BAB 18201 b
1		may, within 24 hours of the transfer, send to the clerk written
2		notice of the transfer, including the name and address of the
3		institution to which the child is transferring. Within 24
4		hours of receipt of notice from the petitioner that a child is
5		transferring to another early care and education day-care
6		facility, pre-school, pre-kindergarten, private school, public
7		school, college, or university, the clerk shall send a
8		certified copy of the order to the institution to which the
9		child is transferring.
10		(h) Disclosure by schools. After receiving a certified
11		copy of a protective order that prohibits a respondent's
12		access to records, neither an early care and education a
13		day-care facility, pre-school, pre-kindergarten, public or
14		private school, college, or university nor its employees shall
15		allow a respondent access to a protected child's records or
16		release information in those records to the respondent. The
17		school shall file the copy of the protective order in the
18		records of a child who is a protected person under the order.
19		When a child who is a protected person under the protective
20		order transfers to another early care and education day-care
21		facility, pre-school, pre-kindergarten, public or private
22		school, college, or university, the institution from which the
23		child is transferring may, at the request of the petitioner,
24		provide, within 24 hours of the transfer, written notice of
25		the protective order, along with a certified copy of the
26		order, to the institution to which the child is transferring.

HB3595 Enrolled - 1063 - LRB104 08153 BAB 18201 b
1		(Source: P.A. 102-538, eff. 8-20-21.)
2		Section 300. The Sexually Violent Persons Commitment Act
3		is amended by changing Section 40 as follows:
4		(725 ILCS 207/40)
5		Sec. 40. Commitment.
6		(a) If a court or jury determines that the person who is
7		the subject of a petition under Section 15 of this Act is a
8		sexually violent person, the court shall order the person to
9		be committed to the custody of the Department for control,
10		care and treatment until such time as the person is no longer a
11		sexually violent person.
12		(b)(1) The court shall enter an initial commitment order
13		under this Section pursuant to a hearing held as soon as
14		practicable after the judgment is entered that the person who
15		is the subject of a petition under Section 15 is a sexually
16		violent person. If the court lacks sufficient information to
17		make the determination required by paragraph (b)(2) of this
18		Section immediately after trial, it may adjourn the hearing
19		and order the Department to conduct a predisposition
20		investigation or a supplementary mental examination, or both,
21		to assist the court in framing the commitment order. If the
22		Department's examining evaluator previously rendered an
23		opinion that the person who is the subject of a petition under
24		Section 15 does not meet the criteria to be found a sexually

HB3595 Enrolled - 1064 - LRB104 08153 BAB 18201 b
1		violent person, then another evaluator shall conduct the
2		predisposition investigation and/or supplementary mental
3		examination. A supplementary mental examination under this
4		Section shall be conducted in accordance with Section 3-804 of
5		the Mental Health and Developmental Disabilities Code. The
6		State has the right to have the person evaluated by experts
7		chosen by the State.
8		(2) An order for commitment under this Section shall
9		specify either institutional care in a secure facility, as
10		provided under Section 50 of this Act, or conditional release.
11		In determining whether commitment shall be for institutional
12		care in a secure facility or for conditional release, the
13		court shall consider the nature and circumstances of the
14		behavior that was the basis of the allegation in the petition
15		under paragraph (b)(1) of Section 15, the person's mental
16		history and present mental condition, and what arrangements
17		are available to ensure that the person has access to and will
18		participate in necessary treatment. All treatment, whether in
19		institutional care, in a secure facility, or while on
20		conditional release, shall be conducted in conformance with
21		the standards developed under the Sex Offender Management
22		Board Act and conducted by a treatment provider licensed under
23		the Sex Offender Evaluation and Treatment Provider Act. The
24		Department shall arrange for control, care and treatment of
25		the person in the least restrictive manner consistent with the
26		requirements of the person and in accordance with the court's

HB3595 Enrolled - 1065 - LRB104 08153 BAB 18201 b
1		commitment order.
2		(3) If the court finds that the person is appropriate for
3		conditional release, the court shall notify the Department.
4		The Department shall prepare a plan that identifies the
5		treatment and services, if any, that the person will receive
6		in the community. The plan shall address the person's need, if
7		any, for supervision, counseling, medication, community
8		support services, residential services, vocational services,
9		and alcohol or other drug abuse treatment. The Department may
10		contract with a county health department, with another public
11		agency or with a private agency to provide the treatment and
12		services identified in the plan. The plan shall specify who
13		will be responsible for providing the treatment and services
14		identified in the plan. The plan shall be presented to the
15		court for its approval within 60 days after the court finding
16		that the person is appropriate for conditional release, unless
17		the Department and the person to be released request
18		additional time to develop the plan. The conditional release
19		program operated under this Section is not subject to the
20		provisions of the Mental Health and Developmental Disabilities
21		Confidentiality Act.
22		(4) An order for conditional release places the person in
23		the custody and control of the Department. A person on
24		conditional release is subject to the conditions set by the
25		court and to the rules of the Department. Before a person is
26		placed on conditional release by the court under this Section,

HB3595 Enrolled - 1066 - LRB104 08153 BAB 18201 b
1		the court shall so notify the municipal police department and
2		county sheriff for the municipality and county in which the
3		person will be residing. The notification requirement under
4		this Section does not apply if a municipal police department
5		or county sheriff submits to the court a written statement
6		waiving the right to be notified. Notwithstanding any other
7		provision in the Act, the person being supervised on
8		conditional release shall not reside at the same street
9		address as another sex offender being supervised on
10		conditional release under this Act, mandatory supervised
11		release, parole, aftercare release, probation, or any other
12		manner of supervision. If the Department alleges that a
13		released person has violated any condition or rule, or that
14		the safety of others requires that conditional release be
15		revoked, he or she may be taken into custody under the rules of
16		the Department.
17		At any time during which the person is on conditional
18		release, if the Department determines that the person has
19		violated any condition or rule, or that the safety of others
20		requires that conditional release be revoked, the Department
21		may request the Attorney General or State's Attorney to
22		request the court to issue an emergency ex parte order
23		directing any law enforcement officer to take the person into
24		custody and transport the person to the county jail. The
25		Department may request, or the Attorney General or State's
26		Attorney may request independently of the Department, that a

HB3595 Enrolled - 1067 - LRB104 08153 BAB 18201 b
1		petition to revoke conditional release be filed. When a
2		petition is filed, the court may order the Department to issue
3		a notice to the person to be present at the Department or other
4		agency designated by the court, order a summons to the person
5		to be present, or order a body attachment for all law
6		enforcement officers to take the person into custody and
7		transport him or her to the county jail, hospital, or
8		treatment facility. The Department shall submit a statement
9		showing probable cause of the detention and a petition to
10		revoke the order for conditional release to the committing
11		court within 48 hours after the detention. The court shall
12		hear the petition within 30 days, unless the hearing or time
13		deadline is waived by the detained person. Pending the
14		revocation hearing, the Department may detain the person in a
15		jail, in a hospital or treatment facility. The State has the
16		burden of proving by clear and convincing evidence that any
17		rule or condition of release has been violated, or that the
18		safety of others requires that the conditional release be
19		revoked. If the court determines after hearing that any rule
20		or condition of release has been violated, or that the safety
21		of others requires that conditional release be revoked, it may
22		revoke the order for conditional release and order that the
23		released person be placed in an appropriate institution until
24		the person is discharged from the commitment under Section 65
25		of this Act or until again placed on conditional release under
26		Section 60 of this Act.

HB3595 Enrolled - 1068 - LRB104 08153 BAB 18201 b
1		(5) An order for conditional release places the person in
2		the custody, care, and control of the Department. The court
3		shall order the person be subject to the following rules of
4		conditional release, in addition to any other conditions
5		ordered, and the person shall be given a certificate setting
6		forth the conditions of conditional release. These conditions
7		shall be that the person:
8		(A) not violate any criminal statute of any
9		jurisdiction;
10		(B) report to or appear in person before such person
11		or agency as directed by the court and the Department;
12		(C) refrain from possession of a firearm or other
13		dangerous weapon;
14		(D) not leave the State without the consent of the
15		court or, in circumstances in which the reason for the
16		absence is of such an emergency nature, that prior consent
17		by the court is not possible without the prior
18		notification and approval of the Department;
19		(E) at the direction of the Department, notify third
20		parties of the risks that may be occasioned by his or her
21		criminal record or sexual offending history or
22		characteristics, and permit the supervising officer or
23		agent to make the notification requirement;
24		(F) attend and fully participate in assessment,
25		treatment, and behavior monitoring including, but not
26		limited to, medical, psychological or psychiatric

HB3595 Enrolled - 1069 - LRB104 08153 BAB 18201 b
1		treatment specific to sexual offending, drug addiction, or
2		alcoholism, to the extent appropriate to the person based
3		upon the recommendation and findings made in the
4		Department evaluation or based upon any subsequent
5		recommendations by the Department;
6		(G) waive confidentiality allowing the court and
7		Department access to assessment or treatment results or
8		both;
9		(H) work regularly at a Department approved occupation
10		or pursue a course of study or vocational training and
11		notify the Department within 72 hours of any change in
12		employment, study, or training;
13		(I) not be employed or participate in any volunteer
14		activity that involves contact with children, except under
15		circumstances approved in advance and in writing by the
16		Department officer;
17		(J) submit to the search of his or her person,
18		residence, vehicle, or any personal or real property under
19		his or her control at any time by the Department;
20		(K) financially support his or her dependents and
21		provide the Department access to any requested financial
22		information;
23		(L) serve a term of home confinement, the conditions
24		of which shall be that the person:
25		(i) remain within the interior premises of the
26		place designated for his or her confinement during the

HB3595 Enrolled - 1070 - LRB104 08153 BAB 18201 b
1		hours designated by the Department;
2		(ii) admit any person or agent designated by the
3		Department into the offender's place of confinement at
4		any time for purposes of verifying the person's
5		compliance with the condition of his or her
6		confinement;
7		(iii) if deemed necessary by the Department, be
8		placed on an electronic monitoring device;
9		(M) comply with the terms and conditions of an order
10		of protection issued by the court pursuant to the Illinois
11		Domestic Violence Act of 1986. A copy of the order of
12		protection shall be transmitted to the Department by the
13		clerk of the court;
14		(N) refrain from entering into a designated geographic
15		area except upon terms the Department finds appropriate.
16		The terms may include consideration of the purpose of the
17		entry, the time of day, others accompanying the person,
18		and advance approval by the Department;
19		(O) refrain from having any contact, including written
20		or oral communications, directly or indirectly, with
21		certain specified persons including, but not limited to,
22		the victim or the victim's family, and report any
23		incidental contact with the victim or the victim's family
24		to the Department within 72 hours; refrain from entering
25		onto the premises of, traveling past, or loitering near
26		the victim's residence, place of employment, or other

HB3595 Enrolled - 1071 - LRB104 08153 BAB 18201 b
1		places frequented by the victim;
2		(P) refrain from having any contact, including written
3		or oral communications, directly or indirectly, with
4		particular types of persons, including but not limited to
5		members of street gangs, drug users, drug dealers, or
6		persons engaged in the sex trade;
7		(Q) refrain from all contact, direct or indirect,
8		personally, by telephone, letter, or through another
9		person, with minor children without prior identification
10		and approval of the Department;
11		(R) refrain from having in his or her body the
12		presence of alcohol or any illicit drug prohibited by the
13		Cannabis Control Act, the Illinois Controlled Substances
14		Act, or the Methamphetamine Control and Community
15		Protection Act, unless prescribed by a physician, and
16		submit samples of his or her breath, saliva, blood, or
17		urine for tests to determine the presence of alcohol or
18		any illicit drug;
19		(S) not establish a dating, intimate, or sexual
20		relationship with a person without prior written
21		notification to the Department;
22		(T) neither possess or have under his or her control
23		any material that is pornographic, sexually oriented, or
24		sexually stimulating, or that depicts or alludes to sexual
25		activity or depicts minors under the age of 18, including
26		but not limited to visual, auditory, telephonic,

HB3595 Enrolled - 1072 - LRB104 08153 BAB 18201 b
1		electronic media, or any matter obtained through access to
2		any computer or material linked to computer access use;
3		(U) not patronize any business providing sexually
4		stimulating or sexually oriented entertainment nor utilize
5		"900" or adult telephone numbers or any other sex-related
6		telephone numbers;
7		(V) not reside near, visit, or be in or about parks,
8		schools, early care and education day care centers,
9		swimming pools, beaches, theaters, or any other places
10		where minor children congregate without advance approval
11		of the Department and report any incidental contact with
12		minor children to the Department within 72 hours;
13		(W) not establish any living arrangement or residence
14		without prior approval of the Department;
15		(X) not publish any materials or print any
16		advertisements without providing a copy of the proposed
17		publications to the Department officer and obtaining
18		permission prior to publication;
19		(Y) not leave the county except with prior permission
20		of the Department and provide the Department officer or
21		agent with written travel routes to and from work and any
22		other designated destinations;
23		(Z) not possess or have under his or her control
24		certain specified items of contraband related to the
25		incidence of sexually offending items including video or
26		still camera items or children's toys;

HB3595 Enrolled - 1073 - LRB104 08153 BAB 18201 b
1		(AA) provide a written daily log of activities as
2		directed by the Department;
3		(BB) comply with all other special conditions that the
4		Department may impose that restrict the person from
5		high-risk situations and limit access or potential
6		victims.
7		(6) A person placed on conditional release and who during
8		the term undergoes mandatory drug or alcohol testing or is
9		assigned to be placed on an approved electronic monitoring
10		device may be ordered to pay all costs incidental to the
11		mandatory drug or alcohol testing and all costs incidental to
12		the approved electronic monitoring in accordance with the
13		person's ability to pay those costs. The Department may
14		establish reasonable fees for the cost of maintenance,
15		testing, and incidental expenses related to the mandatory drug
16		or alcohol testing and all costs incidental to approved
17		electronic monitoring.
18		(Source: P.A. 103-1071, eff. 7-1-25.)
19		Section 305. The Unified Code of Corrections is amended by
20		changing Sections 3-2.5-95, 3-3-7, and 5-5-3.2 as follows:
21		(730 ILCS 5/3-2.5-95)
22		Sec. 3-2.5-95. Conditions of aftercare release.
23		(a) The conditions of aftercare release for all youth
24		committed to the Department under the Juvenile Court Act of

HB3595 Enrolled - 1074 - LRB104 08153 BAB 18201 b
1		1987 shall be such as the Department of Juvenile Justice deems
2		necessary to assist the youth in leading a law-abiding life.
3		The conditions of every aftercare release are that the youth:
4		(1) not violate any criminal statute of any
5		jurisdiction during the aftercare release term;
6		(2) refrain from possessing a firearm or other
7		dangerous weapon;
8		(3) report to an agent of the Department;
9		(4) permit the agent or aftercare specialist to visit
10		the youth at his or her home, employment, or elsewhere to
11		the extent necessary for the agent or aftercare specialist
12		to discharge his or her duties;
13		(5) reside at a Department-approved host site;
14		(6) secure permission before visiting or writing a
15		committed person in an Illinois Department of Corrections
16		or Illinois Department of Juvenile Justice facility;
17		(7) report all arrests to an agent of the Department
18		as soon as permitted by the arresting authority but in no
19		event later than 24 hours after release from custody and
20		immediately report service or notification of an order of
21		protection, a civil no contact order, or a stalking no
22		contact order to an agent of the Department;
23		(8) obtain permission of an agent of the Department
24		before leaving the State of Illinois;
25		(9) obtain permission of an agent of the Department
26		before changing his or her residence or employment;

HB3595 Enrolled - 1075 - LRB104 08153 BAB 18201 b
1		(10) consent to a search of his or her person,
2		property, or residence under his or her control;
3		(11) refrain from the use or possession of narcotics
4		or other controlled substances in any form, or both, or
5		any paraphernalia related to those substances and submit
6		to a urinalysis test as instructed by an agent of the
7		Department;
8		(12) not frequent places where controlled substances
9		are illegally sold, used, distributed, or administered;
10		(13) not knowingly associate with other persons on
11		parole, aftercare release, or mandatory supervised release
12		without prior written permission of his or her aftercare
13		specialist and not associate with persons who are members
14		of an organized gang as that term is defined in the
15		Illinois Streetgang Terrorism Omnibus Prevention Act;
16		(14) provide true and accurate information, as it
17		relates to his or her adjustment in the community while on
18		aftercare release or to his or her conduct while
19		incarcerated, in response to inquiries by an agent of the
20		Department;
21		(15) follow any specific instructions provided by the
22		agent that are consistent with furthering conditions set
23		and approved by the Department or by law to achieve the
24		goals and objectives of his or her aftercare release or to
25		protect the public; these instructions by the agent may be
26		modified at any time, as the agent deems appropriate;

HB3595 Enrolled - 1076 - LRB104 08153 BAB 18201 b
1		(16) comply with the terms and conditions of an order
2		of protection issued under the Illinois Domestic Violence
3		Act of 1986; an order of protection issued by the court of
4		another state, tribe, or United States territory; a no
5		contact order issued under the Civil No Contact Order Act;
6		or a no contact order issued under the Stalking No Contact
7		Order Act;
8		(17) if convicted of a sex offense as defined in the
9		Sex Offender Management Board Act, and a sex offender
10		treatment provider has evaluated and recommended further
11		sex offender treatment while on aftercare release, the
12		youth shall undergo treatment by a sex offender treatment
13		provider or associate sex offender provider as defined in
14		the Sex Offender Management Board Act at his or her
15		expense based on his or her ability to pay for the
16		treatment;
17		(18) if convicted of a sex offense as defined in the
18		Sex Offender Management Board Act, refrain from residing
19		at the same address or in the same condominium unit or
20		apartment unit or in the same condominium complex or
21		apartment complex with another person he or she knows or
22		reasonably should know is a convicted sex offender or has
23		been placed on supervision for a sex offense; the
24		provisions of this paragraph do not apply to a person
25		convicted of a sex offense who is placed in a Department of
26		Corrections licensed transitional housing facility for sex

HB3595 Enrolled - 1077 - LRB104 08153 BAB 18201 b
1		offenders, or is in any facility operated or licensed by
2		the Department of Children and Family Services or by the
3		Department of Human Services, or is in any licensed
4		medical facility;
5		(19) if convicted for an offense that would qualify
6		the offender as a sexual predator under the Sex Offender
7		Registration Act wear an approved electronic monitoring
8		device as defined in Section 5-8A-2 for the duration of
9		the youth's aftercare release term and if convicted for an
10		offense of criminal sexual assault, aggravated criminal
11		sexual assault, predatory criminal sexual assault of a
12		child, criminal sexual abuse, aggravated criminal sexual
13		abuse, or ritualized abuse of a child when the victim was
14		under 18 years of age at the time of the commission of the
15		offense and the offender used force or the threat of force
16		in the commission of the offense wear an approved
17		electronic monitoring device as defined in Section 5-8A-2
18		that has Global Positioning System (GPS) capability for
19		the duration of the youth's aftercare release term;
20		(20) if convicted for an offense that would qualify
21		the offender as a child sex offender as defined in Section
22		11-9.3 or 11-9.4 of the Criminal Code of 1961 or the
23		Criminal Code of 2012, refrain from communicating with or
24		contacting, by means of the Internet, a person who is not
25		related to the offender and whom the offender reasonably
26		believes to be under 18 years of age; for purposes of this

HB3595 Enrolled - 1078 - LRB104 08153 BAB 18201 b
1		paragraph (20), "Internet" has the meaning ascribed to it
2		in Section 16-0.1 of the Criminal Code of 2012; and a
3		person is not related to the offender if the person is not:
4		(A) the spouse, brother, or sister of the offender; (B) a
5		descendant of the offender; (C) a first or second cousin
6		of the offender; or (D) a step-child or adopted child of
7		the offender;
8		(21) if convicted under Section 11-6, 11-20.1,
9		11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
10		or the Criminal Code of 2012, consent to search of
11		computers, PDAs, cellular phones, and other devices under
12		his or her control that are capable of accessing the
13		Internet or storing electronic files, in order to confirm
14		Internet protocol addresses reported in accordance with
15		the Sex Offender Registration Act and compliance with
16		conditions in this Act;
17		(22) if convicted for an offense that would qualify
18		the offender as a sex offender or sexual predator under
19		the Sex Offender Registration Act, not possess
20		prescription drugs for erectile dysfunction;
21		(23) if convicted for an offense under Section 11-6,
22		11-9.1, 11-14.4 that involves soliciting for a sexually
23		exploited child, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
24		11-21 of the Criminal Code of 1961 or the Criminal Code of
25		2012, or any attempt to commit any of these offenses:
26		(A) not access or use a computer or any other

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1		device with Internet capability without the prior
2		written approval of the Department;
3		(B) submit to periodic unannounced examinations of
4		the youth's computer or any other device with Internet
5		capability by the youth's aftercare specialist, a law
6		enforcement officer, or assigned computer or
7		information technology specialist, including the
8		retrieval and copying of all data from the computer or
9		device and any internal or external peripherals and
10		removal of the information, equipment, or device to
11		conduct a more thorough inspection;
12		(C) submit to the installation on the youth's
13		computer or device with Internet capability, at the
14		youth's expense, of one or more hardware or software
15		systems to monitor the Internet use; and
16		(D) submit to any other appropriate restrictions
17		concerning the youth's use of or access to a computer
18		or any other device with Internet capability imposed
19		by the Department or the youth's aftercare specialist;
20		(24) if convicted of a sex offense as defined in the
21		Sex Offender Registration Act, refrain from accessing or
22		using a social networking website as defined in Section
23		17-0.5 of the Criminal Code of 2012;
24		(25) if convicted of a sex offense as defined in
25		Section 2 of the Sex Offender Registration Act that
26		requires the youth to register as a sex offender under

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1		that Act, not knowingly use any computer scrub software on
2		any computer that the youth uses;
3		(26) if convicted of a sex offense as defined in
4		subsection (a-5) of Section 3-1-2 of this Code, unless the
5		youth is a parent or guardian of a person under 18 years of
6		age present in the home and no non-familial minors are
7		present, not participate in a holiday event involving
8		children under 18 years of age, such as distributing candy
9		or other items to children on Halloween, wearing a Santa
10		Claus costume on or preceding Christmas, being employed as
11		a department store Santa Claus, or wearing an Easter Bunny
12		costume on or preceding Easter;
13		(27) if convicted of a violation of an order of
14		protection under Section 12-3.4 or Section 12-30 of the
15		Criminal Code of 1961 or the Criminal Code of 2012, be
16		placed under electronic surveillance as provided in
17		Section 5-8A-7 of this Code; and
18		(28) if convicted of a violation of the
19		Methamphetamine Control and Community Protection Act, the
20		Methamphetamine Precursor Control Act, or a
21		methamphetamine related offense, be:
22		(A) prohibited from purchasing, possessing, or
23		having under his or her control any product containing
24		pseudoephedrine unless prescribed by a physician; and
25		(B) prohibited from purchasing, possessing, or
26		having under his or her control any product containing

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1		ammonium nitrate.
2		(b) The Department may in addition to other conditions
3		require that the youth:
4		(1) work or pursue a course of study or vocational
5		training;
6		(2) undergo medical or psychiatric treatment, or
7		treatment for drug addiction or alcoholism;
8		(3) attend or reside in a facility established for the
9		instruction or residence of persons on probation or
10		aftercare release;
11		(4) support his or her dependents;
12		(5) if convicted for an offense that would qualify the
13		youth as a child sex offender as defined in Section 11-9.3
14		or 11-9.4 of the Criminal Code of 1961 or the Criminal Code
15		of 2012, refrain from communicating with or contacting, by
16		means of the Internet, a person who is related to the youth
17		and whom the youth reasonably believes to be under 18
18		years of age; for purposes of this paragraph (5),
19		"Internet" has the meaning ascribed to it in Section
20		16-0.1 of the Criminal Code of 2012; and a person is
21		related to the youth if the person is: (A) the spouse,
22		brother, or sister of the youth; (B) a descendant of the
23		youth; (C) a first or second cousin of the youth; or (D) a
24		step-child or adopted child of the youth;
25		(6) if convicted for an offense that would qualify as
26		a sex offense as defined in the Sex Offender Registration

HB3595 Enrolled - 1082 - LRB104 08153 BAB 18201 b
1		Act:
2		(A) not access or use a computer or any other
3		device with Internet capability without the prior
4		written approval of the Department;
5		(B) submit to periodic unannounced examinations of
6		the youth's computer or any other device with Internet
7		capability by the youth's aftercare specialist, a law
8		enforcement officer, or assigned computer or
9		information technology specialist, including the
10		retrieval and copying of all data from the computer or
11		device and any internal or external peripherals and
12		removal of the information, equipment, or device to
13		conduct a more thorough inspection;
14		(C) submit to the installation on the youth's
15		computer or device with Internet capability, at the
16		youth's offender's expense, of one or more hardware or
17		software systems to monitor the Internet use; and
18		(D) submit to any other appropriate restrictions
19		concerning the youth's use of or access to a computer
20		or any other device with Internet capability imposed
21		by the Department or the youth's aftercare specialist;
22		and
23		(7) in addition to other conditions:
24		(A) reside with his or her parents or in a foster
25		home;
26		(B) attend school;

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1		(C) attend a non-residential program for youth; or
2		(D) contribute to his or her own support at home or
3		in a foster home.
4		(c) In addition to the conditions under subsections (a)
5		and (b) of this Section, youths required to register as sex
6		offenders under the Sex Offender Registration Act, upon
7		release from the custody of the Department of Juvenile
8		Justice, may be required by the Department to comply with the
9		following specific conditions of release:
10		(1) reside only at a Department approved location;
11		(2) comply with all requirements of the Sex Offender
12		Registration Act;
13		(3) notify third parties of the risks that may be
14		occasioned by his or her criminal record;
15		(4) obtain the approval of an agent of the Department
16		prior to accepting employment or pursuing a course of
17		study or vocational training and notify the Department
18		prior to any change in employment, study, or training;
19		(5) not be employed or participate in any volunteer
20		activity that involves contact with children, except under
21		circumstances approved in advance and in writing by an
22		agent of the Department;
23		(6) be electronically monitored for a specified period
24		of time from the date of release as determined by the
25		Department;
26		(7) refrain from entering into a designated geographic

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1		area except upon terms approved in advance by an agent of
2		the Department; these terms may include consideration of
3		the purpose of the entry, the time of day, and others
4		accompanying the youth;
5		(8) refrain from having any contact, including written
6		or oral communications, directly or indirectly, personally
7		or by telephone, letter, or through a third party with
8		certain specified persons including, but not limited to,
9		the victim or the victim's family without the prior
10		written approval of an agent of the Department;
11		(9) refrain from all contact, directly or indirectly,
12		personally, by telephone, letter, or through a third
13		party, with minor children without prior identification
14		and approval of an agent of the Department;
15		(10) neither possess or have under his or her control
16		any material that is sexually oriented, sexually
17		stimulating, or that shows male or female sex organs or
18		any pictures depicting children under 18 years of age nude
19		or any written or audio material describing sexual
20		intercourse or that depicts or alludes to sexual activity,
21		including, but not limited to, visual, auditory,
22		telephonic, or electronic media, or any matter obtained
23		through access to any computer or material linked to
24		computer access use;
25		(11) not patronize any business providing sexually
26		stimulating or sexually oriented entertainment nor utilize

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1		"900" or adult telephone numbers;
2		(12) not reside near, visit, or be in or about parks,
3		schools, early care and education day care centers,
4		swimming pools, beaches, theaters, or any other places
5		where minor children congregate without advance approval
6		of an agent of the Department and immediately report any
7		incidental contact with minor children to the Department;
8		(13) not possess or have under his or her control
9		certain specified items of contraband related to the
10		incidence of sexually offending as determined by an agent
11		of the Department;
12		(14) may be required to provide a written daily log of
13		activities if directed by an agent of the Department;
14		(15) comply with all other special conditions that the
15		Department may impose that restrict the youth from
16		high-risk situations and limit access to potential
17		victims;
18		(16) take an annual polygraph exam;
19		(17) maintain a log of his or her travel; or
20		(18) obtain prior approval of an agent of the
21		Department before driving alone in a motor vehicle.
22		(d) The conditions under which the aftercare release is to
23		be served shall be communicated to the youth in writing prior
24		to his or her release, and he or she shall sign the same before
25		release. A signed copy of these conditions, including a copy
26		of an order of protection if one had been issued by the

HB3595 Enrolled - 1086 - LRB104 08153 BAB 18201 b
1		criminal court, shall be retained by the youth and another
2		copy forwarded to the officer or aftercare specialist in
3		charge of his or her supervision.
4		(e) After a revocation hearing under Section 3-3-9.5, the
5		Department of Juvenile Justice may modify or enlarge the
6		conditions of aftercare release.
7		(f) The Department shall inform all youth of the optional
8		services available to them upon release and shall assist youth
9		in availing themselves of the optional services upon their
10		release on a voluntary basis.
11		(Source: P.A. 103-1071, eff. 7-1-25.)
12		(730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
13		Sec. 3-3-7. Conditions of parole or mandatory supervised
14		release.
15		(a) The conditions of parole or mandatory supervised
16		release shall be such as the Prisoner Review Board deems
17		necessary to assist the subject in leading a law-abiding life.
18		The conditions of every parole and mandatory supervised
19		release are that the subject:
20		(1) not violate any criminal statute of any
21		jurisdiction during the parole or release term;
22		(2) refrain from possessing a firearm or other
23		dangerous weapon;
24		(3) report to an agent of the Department of
25		Corrections;

HB3595 Enrolled - 1087 - LRB104 08153 BAB 18201 b
1		(4) permit the agent to visit him or her at his or her
2		home, employment, or elsewhere to the extent necessary for
3		the agent to discharge his or her duties;
4		(5) attend or reside in a facility established for the
5		instruction or residence of persons on parole or mandatory
6		supervised release;
7		(6) secure permission before visiting or writing a
8		committed person in an Illinois Department of Corrections
9		facility;
10		(7) report all arrests to an agent of the Department
11		of Corrections as soon as permitted by the arresting
12		authority but in no event later than 24 hours after
13		release from custody and immediately report service or
14		notification of an order of protection, a civil no contact
15		order, or a stalking no contact order to an agent of the
16		Department of Corrections;
17		(7.5) if convicted of a sex offense as defined in the
18		Sex Offender Management Board Act, the individual shall
19		undergo and successfully complete sex offender treatment
20		conducted in conformance with the standards developed by
21		the Sex Offender Management Board Act by a treatment
22		provider approved by the Board;
23		(7.6) if convicted of a sex offense as defined in the
24		Sex Offender Management Board Act, refrain from residing
25		at the same address or in the same condominium unit or
26		apartment unit or in the same condominium complex or

HB3595 Enrolled - 1088 - LRB104 08153 BAB 18201 b
1		apartment complex with another person he or she knows or
2		reasonably should know is a convicted sex offender or has
3		been placed on supervision for a sex offense; the
4		provisions of this paragraph do not apply to a person
5		convicted of a sex offense who is placed in a Department of
6		Corrections licensed transitional housing facility for sex
7		offenders, or is in any facility operated or licensed by
8		the Department of Children and Family Services or by the
9		Department of Human Services, or is in any licensed
10		medical facility;
11		(7.7) if convicted for an offense that would qualify
12		the accused as a sexual predator under the Sex Offender
13		Registration Act on or after January 1, 2007 (the
14		effective date of Public Act 94-988), wear an approved
15		electronic monitoring device as defined in Section 5-8A-2
16		for the duration of the person's parole, mandatory
17		supervised release term, or extended mandatory supervised
18		release term and if convicted for an offense of criminal
19		sexual assault, aggravated criminal sexual assault,
20		predatory criminal sexual assault of a child, criminal
21		sexual abuse, aggravated criminal sexual abuse, or
22		ritualized abuse of a child committed on or after August
23		11, 2009 (the effective date of Public Act 96-236) when
24		the victim was under 18 years of age at the time of the
25		commission of the offense and the defendant used force or
26		the threat of force in the commission of the offense wear

HB3595 Enrolled - 1089 - LRB104 08153 BAB 18201 b
1		an approved electronic monitoring device as defined in
2		Section 5-8A-2 that has Global Positioning System (GPS)
3		capability for the duration of the person's parole,
4		mandatory supervised release term, or extended mandatory
5		supervised release term;
6		(7.8) if convicted for an offense committed on or
7		after June 1, 2008 (the effective date of Public Act
8		95-464) that would qualify the accused as a child sex
9		offender as defined in Section 11-9.3 or 11-9.4 of the
10		Criminal Code of 1961 or the Criminal Code of 2012,
11		refrain from communicating with or contacting, by means of
12		the Internet, a person who is not related to the accused
13		and whom the accused reasonably believes to be under 18
14		years of age; for purposes of this paragraph (7.8),
15		"Internet" has the meaning ascribed to it in Section
16		16-0.1 of the Criminal Code of 2012; and a person is not
17		related to the accused if the person is not: (i) the
18		spouse, brother, or sister of the accused; (ii) a
19		descendant of the accused; (iii) a first or second cousin
20		of the accused; or (iv) a step-child or adopted child of
21		the accused;
22		(7.9) if convicted under Section 11-6, 11-20.1,
23		11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
24		or the Criminal Code of 2012, consent to search of
25		computers, PDAs, cellular phones, and other devices under
26		his or her control that are capable of accessing the

HB3595 Enrolled - 1090 - LRB104 08153 BAB 18201 b
1		Internet or storing electronic files, in order to confirm
2		Internet protocol addresses reported in accordance with
3		the Sex Offender Registration Act and compliance with
4		conditions in this Act;
5		(7.10) if convicted for an offense that would qualify
6		the accused as a sex offender or sexual predator under the
7		Sex Offender Registration Act on or after June 1, 2008
8		(the effective date of Public Act 95-640), not possess
9		prescription drugs for erectile dysfunction;
10		(7.11) if convicted for an offense under Section 11-6,
11		11-9.1, 11-14.4 that involves soliciting for a sexually
12		exploited child, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
13		11-21 of the Criminal Code of 1961 or the Criminal Code of
14		2012, or any attempt to commit any of these offenses,
15		committed on or after June 1, 2009 (the effective date of
16		Public Act 95-983):
17		(i) not access or use a computer or any other
18		device with Internet capability without the prior
19		written approval of the Department;
20		(ii) submit to periodic unannounced examinations
21		of the offender's computer or any other device with
22		Internet capability by the offender's supervising
23		agent, a law enforcement officer, or assigned computer
24		or information technology specialist, including the
25		retrieval and copying of all data from the computer or
26		device and any internal or external peripherals and

HB3595 Enrolled - 1091 - LRB104 08153 BAB 18201 b
1		removal of such information, equipment, or device to
2		conduct a more thorough inspection;
3		(iii) submit to the installation on the offender's
4		computer or device with Internet capability, at the
5		offender's expense, of one or more hardware or
6		software systems to monitor the Internet use; and
7		(iv) submit to any other appropriate restrictions
8		concerning the offender's use of or access to a
9		computer or any other device with Internet capability
10		imposed by the Board, the Department or the offender's
11		supervising agent;
12		(7.12) if convicted of a sex offense as defined in the
13		Sex Offender Registration Act committed on or after
14		January 1, 2010 (the effective date of Public Act 96-262),
15		refrain from accessing or using a social networking
16		website as defined in Section 17-0.5 of the Criminal Code
17		of 2012;
18		(7.13) if convicted of a sex offense as defined in
19		Section 2 of the Sex Offender Registration Act committed
20		on or after January 1, 2010 (the effective date of Public
21		Act 96-362) that requires the person to register as a sex
22		offender under that Act, may not knowingly use any
23		computer scrub software on any computer that the sex
24		offender uses;
25		(8) obtain permission of an agent of the Department of
26		Corrections before leaving the State of Illinois;

HB3595 Enrolled - 1092 - LRB104 08153 BAB 18201 b
1		(9) obtain permission of an agent of the Department of
2		Corrections before changing his or her residence or
3		employment;
4		(10) consent to a search of his or her person,
5		property, or residence under his or her control;
6		(11) refrain from the use or possession of narcotics
7		or other controlled substances in any form, or both, or
8		any paraphernalia related to those substances and submit
9		to a urinalysis test as instructed by a parole agent of the
10		Department of Corrections if there is reasonable suspicion
11		of illicit drug use and the source of the reasonable
12		suspicion is documented in the Department's case
13		management system;
14		(12) not knowingly frequent places where controlled
15		substances are illegally sold, used, distributed, or
16		administered;
17		(13) except when the association described in either
18		subparagraph (A) or (B) of this paragraph (13) involves
19		activities related to community programs, worship
20		services, volunteering, engaging families, or some other
21		pro-social activity in which there is no evidence of
22		criminal intent:
23		(A) not knowingly associate with other persons on
24		parole or mandatory supervised release without prior
25		written permission of his or her parole agent; or
26		(B) not knowingly associate with persons who are

HB3595 Enrolled - 1093 - LRB104 08153 BAB 18201 b
1		members of an organized gang as that term is defined in
2		the Illinois Streetgang Terrorism Omnibus Prevention
3		Act;
4		(14) provide true and accurate information, as it
5		relates to his or her adjustment in the community while on
6		parole or mandatory supervised release or to his or her
7		conduct while incarcerated, in response to inquiries by
8		his or her parole agent or of the Department of
9		Corrections;
10		(15) follow any specific instructions provided by the
11		parole agent that are consistent with furthering
12		conditions set and approved by the Prisoner Review Board
13		or by law, exclusive of placement on electronic detention,
14		to achieve the goals and objectives of his or her parole or
15		mandatory supervised release or to protect the public.
16		These instructions by the parole agent may be modified at
17		any time, as the agent deems appropriate;
18		(16) if convicted of a sex offense as defined in
19		subsection (a-5) of Section 3-1-2 of this Code, unless the
20		offender is a parent or guardian of the person under 18
21		years of age present in the home and no non-familial
22		minors are present, not participate in a holiday event
23		involving children under 18 years of age, such as
24		distributing candy or other items to children on
25		Halloween, wearing a Santa Claus costume on or preceding
26		Christmas, being employed as a department store Santa

HB3595 Enrolled - 1094 - LRB104 08153 BAB 18201 b
1		Claus, or wearing an Easter Bunny costume on or preceding
2		Easter;
3		(17) if convicted of a violation of an order of
4		protection under Section 12-3.4 or Section 12-30 of the
5		Criminal Code of 1961 or the Criminal Code of 2012, be
6		placed under electronic surveillance as provided in
7		Section 5-8A-7 of this Code;
8		(18) comply with the terms and conditions of an order
9		of protection issued pursuant to the Illinois Domestic
10		Violence Act of 1986; an order of protection issued by the
11		court of another state, tribe, or United States territory;
12		a no contact order issued pursuant to the Civil No Contact
13		Order Act; or a no contact order issued pursuant to the
14		Stalking No Contact Order Act;
15		(19) if convicted of a violation of the
16		Methamphetamine Control and Community Protection Act, the
17		Methamphetamine Precursor Control Act, or a
18		methamphetamine related offense, be:
19		(A) prohibited from purchasing, possessing, or
20		having under his or her control any product containing
21		pseudoephedrine unless prescribed by a physician; and
22		(B) prohibited from purchasing, possessing, or
23		having under his or her control any product containing
24		ammonium nitrate;
25		(20) if convicted of a hate crime under Section 12-7.1
26		of the Criminal Code of 2012, perform public or community

HB3595 Enrolled - 1095 - LRB104 08153 BAB 18201 b
1		service of no less than 200 hours and enroll in an
2		educational program discouraging hate crimes involving the
3		protected class identified in subsection (a) of Section
4		12-7.1 of the Criminal Code of 2012 that gave rise to the
5		offense the offender committed ordered by the court; and
6		(21) be evaluated by the Department of Corrections
7		prior to release using a validated risk assessment and be
8		subject to a corresponding level of supervision. In
9		accordance with the findings of that evaluation:
10		(A) All subjects found to be at a moderate or high
11		risk to recidivate, or on parole or mandatory
12		supervised release for first degree murder, a forcible
13		felony as defined in Section 2-8 of the Criminal Code
14		of 2012, any felony that requires registration as a
15		sex offender under the Sex Offender Registration Act,
16		or a Class X felony or Class 1 felony that is not a
17		violation of the Cannabis Control Act, the Illinois
18		Controlled Substances Act, or the Methamphetamine
19		Control and Community Protection Act, shall be subject
20		to high level supervision. The Department shall define
21		high level supervision based upon evidence-based and
22		research-based practices. Notwithstanding this
23		placement on high level supervision, placement of the
24		subject on electronic monitoring or detention shall
25		not occur unless it is required by law or expressly
26		ordered or approved by the Prisoner Review Board.

HB3595 Enrolled - 1096 - LRB104 08153 BAB 18201 b
1		(B) All subjects found to be at a low risk to
2		recidivate shall be subject to low-level supervision,
3		except for those subjects on parole or mandatory
4		supervised release for first degree murder, a forcible
5		felony as defined in Section 2-8 of the Criminal Code
6		of 2012, any felony that requires registration as a
7		sex offender under the Sex Offender Registration Act,
8		or a Class X felony or Class 1 felony that is not a
9		violation of the Cannabis Control Act, the Illinois
10		Controlled Substances Act, or the Methamphetamine
11		Control and Community Protection Act. Low level
12		supervision shall require the subject to check in with
13		the supervising officer via phone or other electronic
14		means. Notwithstanding this placement on low level
15		supervision, placement of the subject on electronic
16		monitoring or detention shall not occur unless it is
17		required by law or expressly ordered or approved by
18		the Prisoner Review Board.
19		(b) The Board may after making an individualized
20		assessment pursuant to subsection (a) of Section 3-14-2 in
21		addition to other conditions require that the subject:
22		(1) work or pursue a course of study or vocational
23		training;
24		(2) undergo medical or psychiatric treatment, or
25		treatment for drug addiction or alcoholism;
26		(3) attend or reside in a facility established for the

HB3595 Enrolled - 1097 - LRB104 08153 BAB 18201 b
1		instruction or residence of persons on probation or
2		parole;
3		(4) support his or her dependents;
4		(5) (blank);
5		(6) (blank);
6		(7) (blank);
7		(7.5) if convicted for an offense committed on or
8		after the effective date of this amendatory Act of the
9		95th General Assembly that would qualify the accused as a
10		child sex offender as defined in Section 11-9.3 or 11-9.4
11		of the Criminal Code of 1961 or the Criminal Code of 2012,
12		refrain from communicating with or contacting, by means of
13		the Internet, a person who is related to the accused and
14		whom the accused reasonably believes to be under 18 years
15		of age; for purposes of this paragraph (7.5), "Internet"
16		has the meaning ascribed to it in Section 16-0.1 of the
17		Criminal Code of 2012; and a person is related to the
18		accused if the person is: (i) the spouse, brother, or
19		sister of the accused; (ii) a descendant of the accused;
20		(iii) a first or second cousin of the accused; or (iv) a
21		step-child or adopted child of the accused;
22		(7.6) if convicted for an offense committed on or
23		after June 1, 2009 (the effective date of Public Act
24		95-983) that would qualify as a sex offense as defined in
25		the Sex Offender Registration Act:
26		(i) not access or use a computer or any other

HB3595 Enrolled - 1098 - LRB104 08153 BAB 18201 b
1		device with Internet capability without the prior
2		written approval of the Department;
3		(ii) submit to periodic unannounced examinations
4		of the offender's computer or any other device with
5		Internet capability by the offender's supervising
6		agent, a law enforcement officer, or assigned computer
7		or information technology specialist, including the
8		retrieval and copying of all data from the computer or
9		device and any internal or external peripherals and
10		removal of such information, equipment, or device to
11		conduct a more thorough inspection;
12		(iii) submit to the installation on the offender's
13		computer or device with Internet capability, at the
14		offender's expense, of one or more hardware or
15		software systems to monitor the Internet use; and
16		(iv) submit to any other appropriate restrictions
17		concerning the offender's use of or access to a
18		computer or any other device with Internet capability
19		imposed by the Board, the Department or the offender's
20		supervising agent; and
21		(8) (blank).
22		(b-1) In addition to the conditions set forth in
23		subsections (a) and (b), persons required to register as sex
24		offenders pursuant to the Sex Offender Registration Act, upon
25		release from the custody of the Illinois Department of
26		Corrections, may be required by the Board to comply with the

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1		following specific conditions of release following an
2		individualized assessment pursuant to subsection (a) of
3		Section 3-14-2:
4		(1) reside only at a Department approved location;
5		(2) comply with all requirements of the Sex Offender
6		Registration Act;
7		(3) notify third parties of the risks that may be
8		occasioned by his or her criminal record;
9		(4) obtain the approval of an agent of the Department
10		of Corrections prior to accepting employment or pursuing a
11		course of study or vocational training and notify the
12		Department prior to any change in employment, study, or
13		training;
14		(5) not be employed or participate in any volunteer
15		activity that involves contact with children, except under
16		circumstances approved in advance and in writing by an
17		agent of the Department of Corrections;
18		(6) be electronically monitored for a minimum of 12
19		months from the date of release as determined by the
20		Board;
21		(7) refrain from entering into a designated geographic
22		area except upon terms approved in advance by an agent of
23		the Department of Corrections. The terms may include
24		consideration of the purpose of the entry, the time of
25		day, and others accompanying the person;
26		(8) refrain from having any contact, including written

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1		or oral communications, directly or indirectly, personally
2		or by telephone, letter, or through a third party with
3		certain specified persons including, but not limited to,
4		the victim or the victim's family without the prior
5		written approval of an agent of the Department of
6		Corrections;
7		(9) refrain from all contact, directly or indirectly,
8		personally, by telephone, letter, or through a third
9		party, with minor children without prior identification
10		and approval of an agent of the Department of Corrections;
11		(10) neither possess or have under his or her control
12		any material that is sexually oriented, sexually
13		stimulating, or that shows male or female sex organs or
14		any pictures depicting children under 18 years of age nude
15		or any written or audio material describing sexual
16		intercourse or that depicts or alludes to sexual activity,
17		including but not limited to visual, auditory, telephonic,
18		or electronic media, or any matter obtained through access
19		to any computer or material linked to computer access use;
20		(11) not patronize any business providing sexually
21		stimulating or sexually oriented entertainment nor utilize
22		"900" or adult telephone numbers;
23		(12) not reside near, visit, or be in or about parks,
24		schools, early care and education day care centers,
25		swimming pools, beaches, theaters, or any other places
26		where minor children congregate without advance approval

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1		of an agent of the Department of Corrections and
2		immediately report any incidental contact with minor
3		children to the Department;
4		(13) not possess or have under his or her control
5		certain specified items of contraband related to the
6		incidence of sexually offending as determined by an agent
7		of the Department of Corrections;
8		(14) may be required to provide a written daily log of
9		activities if directed by an agent of the Department of
10		Corrections;
11		(15) comply with all other special conditions that the
12		Department may impose that restrict the person from
13		high-risk situations and limit access to potential
14		victims;
15		(16) take an annual polygraph exam;
16		(17) maintain a log of his or her travel; or
17		(18) obtain prior approval of his or her parole
18		officer before driving alone in a motor vehicle.
19		(c) The conditions under which the parole or mandatory
20		supervised release is to be served shall be communicated to
21		the person in writing prior to his or her release, and he or
22		she shall sign the same before release. A signed copy of these
23		conditions, including a copy of an order of protection where
24		one had been issued by the criminal court, shall be retained by
25		the person and another copy forwarded to the officer in charge
26		of his or her supervision.

HB3595 Enrolled - 1102 - LRB104 08153 BAB 18201 b
1		(d) After a hearing under Section 3-3-9, the Prisoner
2		Review Board may modify or enlarge the conditions of parole or
3		mandatory supervised release.
4		(e) The Department shall inform all offenders committed to
5		the Department of the optional services available to them upon
6		release and shall assist inmates in availing themselves of
7		such optional services upon their release on a voluntary
8		basis.
9		(f) (Blank).
10		(Source: P.A. 103-271, eff. 1-1-24; 103-1071, eff. 7-1-25.)
11		(730 ILCS 5/5-5-3.2)
12		Sec. 5-5-3.2. Factors in aggravation and extended-term
13		sentencing.
14		(a) The following factors shall be accorded weight in
15		favor of imposing a term of imprisonment or may be considered
16		by the court as reasons to impose a more severe sentence under
17		Section 5-8-1 or Article 4.5 of Chapter V:
18		(1) the defendant's conduct caused or threatened
19		serious harm;
20		(2) the defendant received compensation for committing
21		the offense;
22		(3) the defendant has a history of prior delinquency
23		or criminal activity;
24		(4) the defendant, by the duties of his office or by
25		his position, was obliged to prevent the particular

HB3595 Enrolled - 1103 - LRB104 08153 BAB 18201 b
1		offense committed or to bring the offenders committing it
2		to justice;
3		(5) the defendant held public office at the time of
4		the offense, and the offense related to the conduct of
5		that office;
6		(6) the defendant utilized his professional reputation
7		or position in the community to commit the offense, or to
8		afford him an easier means of committing it;
9		(7) the sentence is necessary to deter others from
10		committing the same crime;
11		(8) the defendant committed the offense against a
12		person 60 years of age or older or such person's property;
13		(9) the defendant committed the offense against a
14		person who has a physical disability or such person's
15		property;
16		(10) by reason of another individual's actual or
17		perceived race, color, creed, religion, ancestry, gender,
18		sexual orientation, physical or mental disability, or
19		national origin, the defendant committed the offense
20		against (i) the person or property of that individual;
21		(ii) the person or property of a person who has an
22		association with, is married to, or has a friendship with
23		the other individual; or (iii) the person or property of a
24		relative (by blood or marriage) of a person described in
25		clause (i) or (ii). For the purposes of this Section,
26		"sexual orientation" has the meaning ascribed to it in

HB3595 Enrolled - 1104 - LRB104 08153 BAB 18201 b
1		paragraph (O-1) of Section 1-103 of the Illinois Human
2		Rights Act;
3		(11) the offense took place in a place of worship or on
4		the grounds of a place of worship, immediately prior to,
5		during or immediately following worship services. For
6		purposes of this subparagraph, "place of worship" shall
7		mean any church, synagogue or other building, structure or
8		place used primarily for religious worship;
9		(12) the defendant was convicted of a felony committed
10		while he was on pretrial release or his own recognizance
11		pending trial for a prior felony and was convicted of such
12		prior felony, or the defendant was convicted of a felony
13		committed while he was serving a period of probation,
14		conditional discharge, or mandatory supervised release
15		under subsection (d) of Section 5-8-1 for a prior felony;
16		(13) the defendant committed or attempted to commit a
17		felony while he was wearing a bulletproof vest. For the
18		purposes of this paragraph (13), a bulletproof vest is any
19		device which is designed for the purpose of protecting the
20		wearer from bullets, shot or other lethal projectiles;
21		(14) the defendant held a position of trust or
22		supervision such as, but not limited to, family member as
23		defined in Section 11-0.1 of the Criminal Code of 2012,
24		teacher, scout leader, baby sitter, or early care and
25		education day care worker, in relation to a victim under
26		18 years of age, and the defendant committed an offense in

HB3595 Enrolled - 1105 - LRB104 08153 BAB 18201 b
1		violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50,
2		11-1.60, 11-6, 11-11, 11-14.4 except for an offense that
3		involves keeping a place of commercial sexual exploitation
4		of a child, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 11-20.1B,
5		11-20.3, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
6		Criminal Code of 1961 or the Criminal Code of 2012 against
7		that victim;
8		(15) the defendant committed an offense related to the
9		activities of an organized gang. For the purposes of this
10		factor, "organized gang" has the meaning ascribed to it in
11		Section 10 of the Streetgang Terrorism Omnibus Prevention
12		Act;
13		(16) the defendant committed an offense in violation
14		of one of the following Sections while in a school,
15		regardless of the time of day or time of year; on any
16		conveyance owned, leased, or contracted by a school to
17		transport students to or from school or a school related
18		activity; on the real property of a school; or on a public
19		way within 1,000 feet of the real property comprising any
20		school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
21		11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
22		11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
23		12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
24		12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
25		for subdivision (a)(4) or (g)(1), of the Criminal Code of
26		1961 or the Criminal Code of 2012;

HB3595 Enrolled - 1106 - LRB104 08153 BAB 18201 b
1		(16.5) the defendant committed an offense in violation
2		of one of the following Sections while in an early care and
3		education a day care center, regardless of the time of day
4		or time of year; on the real property of an early care and
5		education a day care center, regardless of the time of day
6		or time of year; or on a public way within 1,000 feet of
7		the real property comprising any early care and education
8		day care center, regardless of the time of day or time of
9		year: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
10		11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
11		11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12		12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
13		18-2, or 33A-2, or Section 12-3.05 except for subdivision
14		(a)(4) or (g)(1), of the Criminal Code of 1961 or the
15		Criminal Code of 2012;
16		(17) the defendant committed the offense by reason of
17		any person's activity as a community policing volunteer or
18		to prevent any person from engaging in activity as a
19		community policing volunteer. For the purpose of this
20		Section, "community policing volunteer" has the meaning
21		ascribed to it in Section 2-3.5 of the Criminal Code of
22		2012;
23		(18) the defendant committed the offense in a nursing
24		home or on the real property comprising a nursing home.
25		For the purposes of this paragraph (18), "nursing home"
26		means a skilled nursing or intermediate long term care

HB3595 Enrolled - 1107 - LRB104 08153 BAB 18201 b
1		facility that is subject to license by the Illinois
2		Department of Public Health under the Nursing Home Care
3		Act, the Specialized Mental Health Rehabilitation Act of
4		2013, the ID/DD Community Care Act, or the MC/DD Act;
5		(19) the defendant was a federally licensed firearm
6		dealer and was previously convicted of a violation of
7		subsection (a) of Section 3 of the Firearm Owners
8		Identification Card Act and has now committed either a
9		felony violation of the Firearm Owners Identification Card
10		Act or an act of armed violence while armed with a firearm;
11		(20) the defendant (i) committed the offense of
12		reckless homicide under Section 9-3 of the Criminal Code
13		of 1961 or the Criminal Code of 2012 or the offense of
14		driving under the influence of alcohol, other drug or
15		drugs, intoxicating compound or compounds or any
16		combination thereof under Section 11-501 of the Illinois
17		Vehicle Code or a similar provision of a local ordinance
18		and (ii) was operating a motor vehicle in excess of 20
19		miles per hour over the posted speed limit as provided in
20		Article VI of Chapter 11 of the Illinois Vehicle Code;
21		(21) the defendant (i) committed the offense of
22		reckless driving or aggravated reckless driving under
23		Section 11-503 of the Illinois Vehicle Code and (ii) was
24		operating a motor vehicle in excess of 20 miles per hour
25		over the posted speed limit as provided in Article VI of
26		Chapter 11 of the Illinois Vehicle Code;

HB3595 Enrolled - 1108 - LRB104 08153 BAB 18201 b
1		(22) the defendant committed the offense against a
2		person that the defendant knew, or reasonably should have
3		known, was a member of the Armed Forces of the United
4		States serving on active duty. For purposes of this clause
5		(22), the term "Armed Forces" means any of the Armed
6		Forces of the United States, including a member of any
7		reserve component thereof or National Guard unit called to
8		active duty;
9		(23) the defendant committed the offense against a
10		person who was elderly or infirm or who was a person with a
11		disability by taking advantage of a family or fiduciary
12		relationship with the elderly or infirm person or person
13		with a disability;
14		(24) the defendant committed any offense under Section
15		11-20.1 of the Criminal Code of 1961 or the Criminal Code
16		of 2012 and possessed 100 or more images;
17		(25) the defendant committed the offense while the
18		defendant or the victim was in a train, bus, or other
19		vehicle used for public transportation;
20		(26) the defendant committed the offense of child
21		sexual abuse material or aggravated child pornography,
22		specifically including paragraph (1), (2), (3), (4), (5),
23		or (7) of subsection (a) of Section 11-20.1 of the
24		Criminal Code of 1961 or the Criminal Code of 2012 where a
25		child engaged in, solicited for, depicted in, or posed in
26		any act of sexual penetration or bound, fettered, or

HB3595 Enrolled - 1109 - LRB104 08153 BAB 18201 b
1		subject to sadistic, masochistic, or sadomasochistic abuse
2		in a sexual context and specifically including paragraph
3		(1), (2), (3), (4), (5), or (7) of subsection (a) of
4		Section 11-20.1B or Section 11-20.3 of the Criminal Code
5		of 1961 where a child engaged in, solicited for, depicted
6		in, or posed in any act of sexual penetration or bound,
7		fettered, or subject to sadistic, masochistic, or
8		sadomasochistic abuse in a sexual context;
9		(26.5) the defendant committed the offense of obscene
10		depiction of a purported child, specifically including
11		paragraph (2) of subsection (b) of Section 11-20.4 of the
12		Criminal Code of 2012 if a child engaged in, solicited
13		for, depicted in, or posed in any act of sexual
14		penetration or bound, fettered, or subject to sadistic,
15		masochistic, or sadomasochistic abuse in a sexual context;
16		(27) the defendant committed the offense of first
17		degree murder, assault, aggravated assault, battery,
18		aggravated battery, robbery, armed robbery, or aggravated
19		robbery against a person who was a veteran and the
20		defendant knew, or reasonably should have known, that the
21		person was a veteran performing duties as a representative
22		of a veterans' organization. For the purposes of this
23		paragraph (27), "veteran" means an Illinois resident who
24		has served as a member of the United States Armed Forces, a
25		member of the Illinois National Guard, or a member of the
26		United States Reserve Forces; and "veterans' organization"

HB3595 Enrolled - 1110 - LRB104 08153 BAB 18201 b
1		means an organization comprised of members of which
2		substantially all are individuals who are veterans or
3		spouses, widows, or widowers of veterans, the primary
4		purpose of which is to promote the welfare of its members
5		and to provide assistance to the general public in such a
6		way as to confer a public benefit;
7		(28) the defendant committed the offense of assault,
8		aggravated assault, battery, aggravated battery, robbery,
9		armed robbery, or aggravated robbery against a person that
10		the defendant knew or reasonably should have known was a
11		letter carrier or postal worker while that person was
12		performing his or her duties delivering mail for the
13		United States Postal Service;
14		(29) the defendant committed the offense of criminal
15		sexual assault, aggravated criminal sexual assault,
16		criminal sexual abuse, or aggravated criminal sexual abuse
17		against a victim with an intellectual disability, and the
18		defendant holds a position of trust, authority, or
19		supervision in relation to the victim;
20		(30) the defendant committed the offense of promoting
21		commercial sexual exploitation of a child, patronizing a
22		person engaged in the sex trade, or patronizing a sexually
23		exploited child and at the time of the commission of the
24		offense knew that the person engaged in the sex trade or
25		sexually exploited child was in the custody or
26		guardianship of the Department of Children and Family

HB3595 Enrolled - 1111 - LRB104 08153 BAB 18201 b
1		Services;
2		(31) the defendant (i) committed the offense of
3		driving while under the influence of alcohol, other drug
4		or drugs, intoxicating compound or compounds or any
5		combination thereof in violation of Section 11-501 of the
6		Illinois Vehicle Code or a similar provision of a local
7		ordinance and (ii) the defendant during the commission of
8		the offense was driving his or her vehicle upon a roadway
9		designated for one-way traffic in the opposite direction
10		of the direction indicated by official traffic control
11		devices;
12		(32) the defendant committed the offense of reckless
13		homicide while committing a violation of Section 11-907 of
14		the Illinois Vehicle Code;
15		(33) the defendant was found guilty of an
16		administrative infraction related to an act or acts of
17		public indecency or sexual misconduct in the penal
18		institution. In this paragraph (33), "penal institution"
19		has the same meaning as in Section 2-14 of the Criminal
20		Code of 2012; or
21		(34) the defendant committed the offense of leaving
22		the scene of a crash in violation of subsection (b) of
23		Section 11-401 of the Illinois Vehicle Code and the crash
24		resulted in the death of a person and at the time of the
25		offense, the defendant was: (i) driving under the
26		influence of alcohol, other drug or drugs, intoxicating

HB3595 Enrolled - 1112 - LRB104 08153 BAB 18201 b
1		compound or compounds or any combination thereof as
2		defined by Section 11-501 of the Illinois Vehicle Code; or
3		(ii) operating the motor vehicle while using an electronic
4		communication device as defined in Section 12-610.2 of the
5		Illinois Vehicle Code.
6		For the purposes of this Section:
7		"School" is defined as a public or private elementary or
8		secondary school, community college, college, or university.
9		"Early care and education Day care center" means a public
10		or private State certified and licensed early care and
11		education day care center as defined in Section 2.09 of the
12		Child Care Act of 1969 that displays a sign in plain view
13		stating that the property is an early care and education a day
14		care center.
15		"Intellectual disability" means significantly subaverage
16		intellectual functioning which exists concurrently with
17		impairment in adaptive behavior.
18		"Public transportation" means the transportation or
19		conveyance of persons by means available to the general
20		public, and includes paratransit services.
21		"Traffic control devices" means all signs, signals,
22		markings, and devices that conform to the Illinois Manual on
23		Uniform Traffic Control Devices, placed or erected by
24		authority of a public body or official having jurisdiction,
25		for the purpose of regulating, warning, or guiding traffic.
26		(b) The following factors, related to all felonies, may be

HB3595 Enrolled - 1113 - LRB104 08153 BAB 18201 b
1		considered by the court as reasons to impose an extended term
2		sentence under Section 5-8-2 upon any offender:
3		(1) When a defendant is convicted of any felony, after
4		having been previously convicted in Illinois or any other
5		jurisdiction of the same or similar class felony or
6		greater class felony, when such conviction has occurred
7		within 10 years after the previous conviction, excluding
8		time spent in custody, and such charges are separately
9		brought and tried and arise out of different series of
10		acts; or
11		(2) When a defendant is convicted of any felony and
12		the court finds that the offense was accompanied by
13		exceptionally brutal or heinous behavior indicative of
14		wanton cruelty; or
15		(3) When a defendant is convicted of any felony
16		committed against:
17		(i) a person under 12 years of age at the time of
18		the offense or such person's property;
19		(ii) a person 60 years of age or older at the time
20		of the offense or such person's property; or
21		(iii) a person who had a physical disability at
22		the time of the offense or such person's property; or
23		(4) When a defendant is convicted of any felony and
24		the offense involved any of the following types of
25		specific misconduct committed as part of a ceremony, rite,
26		initiation, observance, performance, practice or activity

HB3595 Enrolled - 1114 - LRB104 08153 BAB 18201 b
1		of any actual or ostensible religious, fraternal, or
2		social group:
3		(i) the brutalizing or torturing of humans or
4		animals;
5		(ii) the theft of human corpses;
6		(iii) the kidnapping of humans;
7		(iv) the desecration of any cemetery, religious,
8		fraternal, business, governmental, educational, or
9		other building or property; or
10		(v) ritualized abuse of a child; or
11		(5) When a defendant is convicted of a felony other
12		than conspiracy and the court finds that the felony was
13		committed under an agreement with 2 or more other persons
14		to commit that offense and the defendant, with respect to
15		the other individuals, occupied a position of organizer,
16		supervisor, financier, or any other position of management
17		or leadership, and the court further finds that the felony
18		committed was related to or in furtherance of the criminal
19		activities of an organized gang or was motivated by the
20		defendant's leadership in an organized gang; or
21		(6) When a defendant is convicted of an offense
22		committed while using a firearm with a laser sight
23		attached to it. For purposes of this paragraph, "laser
24		sight" has the meaning ascribed to it in Section 26-7 of
25		the Criminal Code of 2012; or
26		(7) When a defendant who was at least 17 years of age

HB3595 Enrolled - 1115 - LRB104 08153 BAB 18201 b
1		at the time of the commission of the offense is convicted
2		of a felony and has been previously adjudicated a
3		delinquent minor under the Juvenile Court Act of 1987 for
4		an act that if committed by an adult would be a Class X or
5		Class 1 felony when the conviction has occurred within 10
6		years after the previous adjudication, excluding time
7		spent in custody; or
8		(8) When a defendant commits any felony and the
9		defendant used, possessed, exercised control over, or
10		otherwise directed an animal to assault a law enforcement
11		officer engaged in the execution of his or her official
12		duties or in furtherance of the criminal activities of an
13		organized gang in which the defendant is engaged; or
14		(9) When a defendant commits any felony and the
15		defendant knowingly video or audio records the offense
16		with the intent to disseminate the recording.
17		(c) The following factors may be considered by the court
18		as reasons to impose an extended term sentence under Section
19		5-8-2 upon any offender for the listed offenses:
20		(1) When a defendant is convicted of first degree
21		murder, after having been previously convicted in Illinois
22		of any offense listed under paragraph (c)(2) of Section
23		5-5-3, when that conviction has occurred within 10 years
24		after the previous conviction, excluding time spent in
25		custody, and the charges are separately brought and tried
26		and arise out of different series of acts.

HB3595 Enrolled - 1116 - LRB104 08153 BAB 18201 b
1		(1.5) When a defendant is convicted of first degree
2		murder, after having been previously convicted of domestic
3		battery or aggravated domestic battery committed on the
4		same victim or after having been previously convicted of
5		violation of an order of protection in which the same
6		victim was the protected person.
7		(2) When a defendant is convicted of voluntary
8		manslaughter, second degree murder, involuntary
9		manslaughter, or reckless homicide in which the defendant
10		has been convicted of causing the death of more than one
11		individual.
12		(3) When a defendant is convicted of aggravated
13		criminal sexual assault or criminal sexual assault, when
14		there is a finding that aggravated criminal sexual assault
15		or criminal sexual assault was also committed on the same
16		victim by one or more other individuals, and the defendant
17		voluntarily participated in the crime with the knowledge
18		of the participation of the others in the crime, and the
19		commission of the crime was part of a single course of
20		conduct during which there was no substantial change in
21		the nature of the criminal objective.
22		(4) If the victim was under 18 years of age at the time
23		of the commission of the offense, when a defendant is
24		convicted of aggravated criminal sexual assault or
25		predatory criminal sexual assault of a child under
26		subsection (a)(1) of Section 11-1.40 or subsection (a)(1)

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1		of Section 12-14.1 of the Criminal Code of 1961 or the
2		Criminal Code of 2012.
3		(5) When a defendant is convicted of a felony
4		violation of Section 24-1 of the Criminal Code of 1961 or
5		the Criminal Code of 2012 and there is a finding that the
6		defendant is a member of an organized gang.
7		(6) When a defendant was convicted of unlawful
8		possession of weapons under Section 24-1 of the Criminal
9		Code of 1961 or the Criminal Code of 2012 for possessing a
10		weapon that is not readily distinguishable as one of the
11		weapons enumerated in Section 24-1 of the Criminal Code of
12		1961 or the Criminal Code of 2012.
13		(7) When a defendant is convicted of an offense
14		involving the illegal manufacture of a controlled
15		substance under Section 401 of the Illinois Controlled
16		Substances Act, the illegal manufacture of methamphetamine
17		under Section 25 of the Methamphetamine Control and
18		Community Protection Act, or the illegal possession of
19		explosives and an emergency response officer in the
20		performance of his or her duties is killed or injured at
21		the scene of the offense while responding to the emergency
22		caused by the commission of the offense. In this
23		paragraph, "emergency" means a situation in which a
24		person's life, health, or safety is in jeopardy; and
25		"emergency response officer" means a peace officer,
26		community policing volunteer, fireman, emergency medical

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1		technician-ambulance, emergency medical
2		technician-intermediate, emergency medical
3		technician-paramedic, ambulance driver, other medical
4		assistance or first aid personnel, or hospital emergency
5		room personnel.
6		(8) When the defendant is convicted of attempted mob
7		action, solicitation to commit mob action, or conspiracy
8		to commit mob action under Section 8-1, 8-2, or 8-4 of the
9		Criminal Code of 2012, where the criminal object is a
10		violation of Section 25-1 of the Criminal Code of 2012,
11		and an electronic communication is used in the commission
12		of the offense. For the purposes of this paragraph (8),
13		"electronic communication" shall have the meaning provided
14		in Section 26.5-0.1 of the Criminal Code of 2012.
15		(d) For the purposes of this Section, "organized gang" has
16		the meaning ascribed to it in Section 10 of the Illinois
17		Streetgang Terrorism Omnibus Prevention Act.
18		(e) The court may impose an extended term sentence under
19		Article 4.5 of Chapter V upon an offender who has been
20		convicted of a felony violation of Section 11-1.20, 11-1.30,
21		11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
22		12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
23		when the victim of the offense is under 18 years of age at the
24		time of the commission of the offense and, during the
25		commission of the offense, the victim was under the influence
26		of alcohol, regardless of whether or not the alcohol was

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1		supplied by the offender; and the offender, at the time of the
2		commission of the offense, knew or should have known that the
3		victim had consumed alcohol.
4		(Source: P.A. 103-822, eff. 1-1-25; 103-825, eff. 1-1-25;
5		103-1071, eff. 7-1-25; 104-245, eff. 1-1-26; 104-417, eff.
6		8-15-25; revised 9-17-25.)
7		Section 310. The Stalking No Contact Order Act is amended
8		by changing Sections 80 and 115 as follows:
9		(740 ILCS 21/80)
10		Sec. 80. Stalking no contact orders; remedies.
11		(a) If the court finds that the petitioner has been a
12		victim of stalking, a stalking no contact order shall issue;
13		provided that the petitioner must also satisfy the
14		requirements of Section 95 on emergency orders or Section 100
15		on plenary orders. The petitioner shall not be denied a
16		stalking no contact order because the petitioner or the
17		respondent is a minor. The court, when determining whether or
18		not to issue a stalking no contact order, may not require
19		physical injury on the person of the petitioner. Modification
20		and extension of prior stalking no contact orders shall be in
21		accordance with this Act.
22		(b) A stalking no contact order shall order one or more of
23		the following:
24		(1) prohibit the respondent from threatening to commit

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1		or committing stalking;
2		(2) order the respondent not to have any contact with
3		the petitioner or a third person specifically named by the
4		court;
5		(3) prohibit the respondent from knowingly coming
6		within, or knowingly remaining within a specified distance
7		of the petitioner or the petitioner's residence, school,
8		early care and education daycare, or place of employment,
9		or any specified place frequented by the petitioner;
10		however, the court may order the respondent to stay away
11		from the respondent's own residence, school, or place of
12		employment only if the respondent has been provided actual
13		notice of the opportunity to appear and be heard on the
14		petition;
15		(4) prohibit the respondent from possessing a Firearm
16		Owners Identification Card, or possessing or buying
17		firearms;
18		(5) prohibit the respondent from using any electronic
19		tracking system or acquiring tracking information to
20		determine the petitioner's location, movement, or travel
21		pattern; and
22		(6) order other injunctive relief the court determines
23		to be necessary to protect the petitioner or third party
24		specifically named by the court.
25		(b-5) When the petitioner and the respondent attend the
26		same public, private, or non-public elementary, middle, or

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1		high school, the court when issuing a stalking no contact
2		order and providing relief shall consider the severity of the
3		act, any continuing physical danger or emotional distress to
4		the petitioner, the educational rights guaranteed to the
5		petitioner and respondent under federal and State law, the
6		availability of a transfer of the respondent to another
7		school, a change of placement or a change of program of the
8		respondent, the expense, difficulty, and educational
9		disruption that would be caused by a transfer of the
10		respondent to another school, and any other relevant facts of
11		the case. The court may order that the respondent not attend
12		the public, private, or non-public elementary, middle, or high
13		school attended by the petitioner, order that the respondent
14		accept a change of placement or program, as determined by the
15		school district or private or non-public school, or place
16		restrictions on the respondent's movements within the school
17		attended by the petitioner. The respondent bears the burden of
18		proving by a preponderance of the evidence that a transfer,
19		change of placement, or change of program of the respondent is
20		not available. The respondent also bears the burden of
21		production with respect to the expense, difficulty, and
22		educational disruption that would be caused by a transfer of
23		the respondent to another school. A transfer, change of
24		placement, or change of program is not unavailable to the
25		respondent solely on the ground that the respondent does not
26		agree with the school district's or private or non-public

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1		school's transfer, change of placement, or change of program
2		or solely on the ground that the respondent fails or refuses to
3		consent to or otherwise does not take an action required to
4		effectuate a transfer, change of placement, or change of
5		program. When a court orders a respondent to stay away from the
6		public, private, or non-public school attended by the
7		petitioner and the respondent requests a transfer to another
8		attendance center within the respondent's school district or
9		private or non-public school, the school district or private
10		or non-public school shall have sole discretion to determine
11		the attendance center to which the respondent is transferred.
12		In the event the court order results in a transfer of the minor
13		respondent to another attendance center, a change in the
14		respondent's placement, or a change of the respondent's
15		program, the parents, guardian, or legal custodian of the
16		respondent is responsible for transportation and other costs
17		associated with the transfer or change.
18		(b-6) The court may order the parents, guardian, or legal
19		custodian of a minor respondent to take certain actions or to
20		refrain from taking certain actions to ensure that the
21		respondent complies with the order. In the event the court
22		orders a transfer of the respondent to another school, the
23		parents, guardian, or legal custodian of the respondent are
24		responsible for transportation and other costs associated with
25		the change of school by the respondent.
26		(b-7) The court shall not hold a school district or

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1		private or non-public school or any of its employees in civil
2		or criminal contempt unless the school district or private or
3		non-public school has been allowed to intervene.
4		(b-8) The court may hold the parents, guardian, or legal
5		custodian of a minor respondent in civil or criminal contempt
6		for a violation of any provision of any order entered under
7		this Act for conduct of the minor respondent in violation of
8		this Act if the parents, guardian, or legal custodian
9		directed, encouraged, or assisted the respondent minor in such
10		conduct.
11		(c) The court may award the petitioner costs and attorneys
12		fees if a stalking no contact order is granted.
13		(d) Monetary damages are not recoverable as a remedy.
14		(e) If the stalking no contact order prohibits the
15		respondent from possessing a Firearm Owner's Identification
16		Card, or possessing or buying firearms; the court shall
17		confiscate the respondent's Firearm Owner's Identification
18		Card and immediately return the card to the Illinois State
19		Police Firearm Owner's Identification Card Office.
20		(Source: P.A. 102-538, eff. 8-20-21; 103-760, eff. 1-1-25.)
21		(740 ILCS 21/115)
22		Sec. 115. Notice of orders.
23		(a) Upon issuance of any stalking no contact order, the
24		clerk shall immediately:
25		(1) enter the order on the record and file it in

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1		accordance with the circuit court procedures; and
2		(2) provide a file stamped copy of the order to the
3		respondent, if present, and to the petitioner.
4		(b) The clerk of the issuing judge shall, or the
5		petitioner may, on the same day that a stalking no contact
6		order is issued, file a certified copy of that order with the
7		sheriff or other law enforcement officials charged with
8		maintaining Illinois State Police records or charged with
9		serving the order upon the respondent. If the respondent, at
10		the time of the issuance of the order, is committed to the
11		custody of the Illinois Department of Corrections or Illinois
12		Department of Juvenile Justice or is on parole, aftercare
13		release, or mandatory supervised release, the sheriff or other
14		law enforcement officials charged with maintaining Illinois
15		State Police records shall notify the Department of
16		Corrections or Department of Juvenile Justice within 48 hours
17		of receipt of a copy of the stalking no contact order from the
18		clerk of the issuing judge or the petitioner. Such notice
19		shall include the name of the respondent, the respondent's
20		IDOC inmate number or IDJJ youth identification number, the
21		respondent's date of birth, and the LEADS Record Index Number.
22		(c) Unless the respondent was present in court when the
23		order was issued, the sheriff, other law enforcement official,
24		or special process server shall promptly serve that order upon
25		the respondent and file proof of such service in the manner
26		provided for service of process in civil proceedings. Instead

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1		of serving the order upon the respondent, however, the
2		sheriff, other law enforcement official, special process
3		server, or other persons defined in Section 117 may serve the
4		respondent with a short form notification as provided in
5		Section 117. If process has not yet been served upon the
6		respondent, it shall be served with the order or short form
7		notification if such service is made by the sheriff, other law
8		enforcement official, or special process server.
9		(d) If the person against whom the stalking no contact
10		order is issued is arrested and the written order is issued in
11		accordance with subsection (c) of Section 95 and received by
12		the custodial law enforcement agency before the respondent or
13		arrestee is released from custody, the custodial law
14		enforcement agent shall promptly serve the order upon the
15		respondent or arrestee before the respondent or arrestee is
16		released from custody. In no event shall detention of the
17		respondent or arrestee be extended for hearing on the petition
18		for stalking no contact order or receipt of the order issued
19		under Section 95 of this Act.
20		(e) Any order extending, modifying, or revoking any
21		stalking no contact order shall be promptly recorded, issued,
22		and served as provided in this Section.
23		(f) Upon the request of the petitioner, within 24 hours of
24		the issuance of a stalking no contact order, the clerk of the
25		issuing judge shall send written notice of the order along
26		with a certified copy of the order to any school, early care

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1		and education daycare, college, or university at which the
2		petitioner is enrolled.
3		(Source: P.A. 101-508, eff. 1-1-20; 102-538, eff. 8-20-21.)
4		Section 315. The Civil No Contact Order Act is amended by
5		changing Section 213 as follows:
6		(740 ILCS 22/213)
7		Sec. 213. Civil no contact order; remedies.
8		(a) If the court finds that the petitioner has been a
9		victim of non-consensual sexual conduct or non-consensual
10		sexual penetration, a civil no contact order shall issue;
11		provided that the petitioner must also satisfy the
12		requirements of Section 214 on emergency orders or Section 215
13		on plenary orders. The petitioner shall not be denied a civil
14		no contact order because the petitioner or the respondent is a
15		minor. The court, when determining whether or not to issue a
16		civil no contact order, may not require physical injury on the
17		person of the victim. Modification and extension of prior
18		civil no contact orders shall be in accordance with this Act.
19		(a-5) (Blank).
20		(b) (Blank).
21		(b-5) The court may provide relief as follows:
22		(1) prohibit the respondent from knowingly coming
23		within, or knowingly remaining within, a specified
24		distance from the petitioner;

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1		(2) restrain the respondent from having any contact,
2		including nonphysical contact and electronic communication
3		as defined in Section 26.5-0.1 of the Criminal Code of
4		2012, with the petitioner directly, indirectly, or through
5		third parties, regardless of whether those third parties
6		know of the order;
7		(3) prohibit the respondent from knowingly coming
8		within, or knowingly remaining within, a specified
9		distance from the petitioner's residence, school, early
10		care and education day care or other specified location;
11		(4) order the respondent to stay away from any
12		property or animal owned, possessed, leased, kept, or held
13		by the petitioner and forbid the respondent from taking,
14		transferring, encumbering, concealing, harming, or
15		otherwise disposing of the property or animal; and
16		(5) order any other injunctive relief as necessary or
17		appropriate for the protection of the petitioner.
18		(b-6) When the petitioner and the respondent attend the
19		same public or private elementary, middle, or high school, the
20		court when issuing a civil no contact order and providing
21		relief shall consider the severity of the act, any continuing
22		physical danger or emotional distress to the petitioner, the
23		educational rights guaranteed to the petitioner and respondent
24		under federal and State law, the availability of a transfer of
25		the respondent to another school, a change of placement or a
26		change of program of the respondent, the expense, difficulty,

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1		and educational disruption that would be caused by a transfer
2		of the respondent to another school, and any other relevant
3		facts of the case. The court may order that the respondent not
4		attend the public, private, or non-public elementary, middle,
5		or high school attended by the petitioner, order that the
6		respondent accept a change of placement or program, as
7		determined by the school district or private or non-public
8		school, or place restrictions on the respondent's movements
9		within the school attended by the petitioner. The respondent
10		bears the burden of proving by a preponderance of the evidence
11		that a transfer, change of placement, or change of program of
12		the respondent is not available. The respondent also bears the
13		burden of production with respect to the expense, difficulty,
14		and educational disruption that would be caused by a transfer
15		of the respondent to another school. A transfer, change of
16		placement, or change of program is not unavailable to the
17		respondent solely on the ground that the respondent does not
18		agree with the school district's or private or non-public
19		school's transfer, change of placement, or change of program
20		or solely on the ground that the respondent fails or refuses to
21		consent to or otherwise does not take an action required to
22		effectuate a transfer, change of placement, or change of
23		program. When a court orders a respondent to stay away from the
24		public, private, or non-public school attended by the
25		petitioner and the respondent requests a transfer to another
26		attendance center within the respondent's school district or

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1		private or non-public school, the school district or private
2		or non-public school shall have sole discretion to determine
3		the attendance center to which the respondent is transferred.
4		In the event the court order results in a transfer of the minor
5		respondent to another attendance center, a change in the
6		respondent's placement, or a change of the respondent's
7		program, the parents, guardian, or legal custodian of the
8		respondent is responsible for transportation and other costs
9		associated with the transfer or change.
10		(b-7) The court may order the parents, guardian, or legal
11		custodian of a minor respondent to take certain actions or to
12		refrain from taking certain actions to ensure that the
13		respondent complies with the order. In the event the court
14		orders a transfer of the respondent to another school, the
15		parents or legal guardians of the respondent are responsible
16		for transportation and other costs associated with the change
17		of school by the respondent.
18		(c) Denial of a remedy may not be based, in whole or in
19		part, on evidence that:
20		(1) the respondent has cause for any use of force,
21		unless that cause satisfies the standards for justifiable
22		use of force provided by Article 7 of the Criminal Code of
23		2012;
24		(2) the respondent was voluntarily intoxicated;
25		(3) the petitioner acted in self-defense or defense of
26		another, provided that, if the petitioner utilized force,

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1		such force was justifiable under Article 7 of the Criminal
2		Code of 2012;
3		(4) the petitioner did not act in self-defense or
4		defense of another;
5		(5) the petitioner left the residence or household to
6		avoid further non-consensual sexual conduct or
7		non-consensual sexual penetration by the respondent; or
8		(6) the petitioner did not leave the residence or
9		household to avoid further non-consensual sexual conduct
10		or non-consensual sexual penetration by the respondent.
11		(d) Monetary damages are not recoverable as a remedy.
12		(Source: P.A. 101-255, eff. 1-1-20; 102-220, eff. 1-1-22;
13		102-831, eff. 5-13-22.)
14		Section 320. The Illinois Parentage Act of 2015 is amended
15		by changing Section 106 as follows:
16		(750 ILCS 46/106)
17		Sec. 106. Protection of participants. Proceedings under
18		this Act are subject to other law of this State governing the
19		health, safety, privacy, and liberty of a child or other
20		individual who could be jeopardized by disclosure of
21		identifying information, including address, telephone number,
22		place of employment, social security number, and the child's
23		early care and education provider day-care facility and
24		school.

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1		(Source: P.A. 99-85, eff. 1-1-16.)
2		Section 325. The Illinois Domestic Violence Act of 1986 is
3		amended by changing Sections 203 and 222 as follows:
4		(750 ILCS 60/203)  (from Ch. 40, par. 2312-3)
5		Sec. 203. Pleading; non-disclosure of address;
6		non-disclosure of schools.
7		(a) A petition for an order of protection shall be in
8		writing and verified or accompanied by affidavit and shall
9		allege that petitioner has been abused by respondent, who is a
10		family or household member. The petition shall further set
11		forth whether there is any other pending action between the
12		parties. During the pendency of this proceeding, each party
13		has a continuing duty to inform the court of any subsequent
14		proceeding for an order of protection in this or any other
15		state.
16		(b) If the petition states that disclosure of petitioner's
17		address would risk abuse of petitioner or any member of
18		petitioner's family or household or reveal the confidential
19		address of a shelter for domestic violence victims, that
20		address may be omitted from all documents filed with the
21		court. If disclosure is necessary to determine jurisdiction or
22		consider any venue issue, it shall be made orally and in
23		camera. If petitioner has not disclosed an address under this
24		subsection, petitioner shall designate an alternative address

HB3595 Enrolled - 1132 - LRB104 08153 BAB 18201 b
1		at which respondent may serve notice of any motions.
2		(c) If the petitioner is seeking to have a child protected
3		by the order of protection, and if that child is enrolled in
4		any early care and education day-care facility, pre-school,
5		pre-kindergarten, private school, public school district,
6		college, or university, the petitioner may provide the name
7		and address of the early care and education day-care facility,
8		pre-school, pre-kindergarten, private school, public school
9		district, college, or university to the court. However, if the
10		petition states that disclosure of this information would risk
11		abuse to petitioner or to the child protected under the order,
12		this information may be omitted from all documents filed with
13		the court.
14		(Source: P.A. 92-90, eff. 7-18-01.)
15		(750 ILCS 60/222)  (from Ch. 40, par. 2312-22)
16		Sec. 222. Notice of orders.
17		(a) Entry and issuance. Upon issuance of any order of
18		protection, the clerk shall immediately (i) enter the order on
19		the record and file it in accordance with the circuit court
20		procedures and (ii) provide a file stamped copy of the order to
21		respondent, if present, and to petitioner.
22		(b) Filing with sheriff or other law enforcement
23		officials. The clerk of the issuing judge shall, or the
24		petitioner may, on the same day that an order of protection is
25		issued, file a certified copy of that order with the sheriff or

HB3595 Enrolled - 1133 - LRB104 08153 BAB 18201 b
1		other law enforcement officials charged with maintaining
2		Illinois State Police records or charged with serving the
3		order upon respondent or executing any search warrant issued
4		under paragraph (14.5) of subsection (b) of Section 214 of
5		this Act. If a search warrant is issued under paragraph (14.5)
6		of subsection (b) of Section 214 of this Act, the clerk of the
7		issuing judge shall, or the petitioner may, on the same day
8		that the warrant is issued, transmit the warrant to the law
9		enforcement agency to which the warrant is directed. If the
10		respondent, at the time of the issuance of the order, is
11		committed to the custody of the Illinois Department of
12		Corrections or Illinois Department of Juvenile Justice or is
13		on parole, aftercare release, or mandatory supervised release,
14		the sheriff or other law enforcement officials charged with
15		maintaining Illinois State Police records shall notify the
16		Department of Corrections or Department of Juvenile Justice
17		within 48 hours of receipt of a copy of the order of protection
18		from the clerk of the issuing judge or the petitioner. Such
19		notice shall include the name of the respondent, the
20		respondent's IDOC inmate number or IDJJ youth identification
21		number, the respondent's date of birth, and the LEADS Record
22		Index Number.
23		(c) Service by sheriff. Unless respondent was present in
24		court when the order was issued, the sheriff, other law
25		enforcement official or special process server shall promptly
26		serve that order upon respondent and file proof of such

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1		service, in the manner provided for service of process in
2		civil proceedings. Instead of serving the order upon the
3		respondent, however, the sheriff, other law enforcement
4		official, special process server, or other persons defined in
5		Section 222.10 may serve the respondent with a short form
6		notification as provided in Section 222.10. If process has not
7		yet been served upon the respondent, it shall be served with
8		the order or short form notification if such service is made by
9		the sheriff, other law enforcement official, or special
10		process server. A single fee may be charged for service of an
11		order obtained in civil court, or for service of such an order
12		together with process, unless waived or deferred under Section
13		210.
14		(c-5) If the person against whom the order of protection
15		is issued is arrested and the written order is issued in
16		accordance with subsection (c) of Section 217 and received by
17		the custodial law enforcement agency before the respondent or
18		arrestee is released from custody, the custodial law
19		enforcement agent shall promptly serve the order upon the
20		respondent or arrestee before the respondent or arrestee is
21		released from custody. In no event shall detention of the
22		respondent or arrestee be extended for hearing on the petition
23		for order of protection or receipt of the order issued under
24		Section 217 of this Act.
25		(d) Extensions, modifications and revocations. Any order
26		extending, modifying or revoking any order of protection shall

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1		be promptly recorded, issued and served as provided in this
2		Section.
3		(e) Notice to schools. Upon the request of the petitioner,
4		within 24 hours of the issuance of an order of protection, the
5		clerk of the issuing judge shall send a certified copy of the
6		order of protection to the early care and education day-care
7		facility, pre-school or pre-kindergarten, or private school or
8		the principal office of the public school district or any
9		college or university in which any child who is a protected
10		person under the order of protection or any child of the
11		petitioner is enrolled as requested by the petitioner at the
12		mailing address provided by the petitioner. If the child
13		transfers enrollment to another early care and education
14		day-care facility, pre-school, pre-kindergarten, private
15		school, public school, college, or university, the petitioner
16		may, within 24 hours of the transfer, send to the clerk written
17		notice of the transfer, including the name and address of the
18		institution to which the child is transferring. Within 24
19		hours of receipt of notice from the petitioner that a child is
20		transferring to another early care and education day-care
21		facility, pre-school, pre-kindergarten, private school, public
22		school, college, or university, the clerk shall send a
23		certified copy of the order to the institution to which the
24		child is transferring.
25		(f) Disclosure by schools. After receiving a certified
26		copy of an order of protection that prohibits a respondent's

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1		access to records, neither an early care and education a
2		day-care facility, pre-school, pre-kindergarten, public or
3		private school, college, or university nor its employees shall
4		allow a respondent access to a protected child's records or
5		release information in those records to the respondent. The
6		school shall file the copy of the order of protection in the
7		records of a child who is a protected person under the order of
8		protection. When a child who is a protected person under the
9		order of protection transfers to another early care and
10		education day-care facility, pre-school, pre-kindergarten,
11		public or private school, college, or university, the
12		institution from which the child is transferring may, at the
13		request of the petitioner, provide, within 24 hours of the
14		transfer, written notice of the order of protection, along
15		with a certified copy of the order, to the institution to which
16		the child is transferring.
17		(g) Notice to health care facilities and health care
18		practitioners. Upon the request of the petitioner, the clerk
19		of the circuit court shall send a certified copy of the order
20		of protection to any specified health care facility or health
21		care practitioner requested by the petitioner at the mailing
22		address provided by the petitioner.
23		(h) Disclosure by health care facilities and health care
24		practitioners. After receiving a certified copy of an order of
25		protection that prohibits a respondent's access to records, no
26		health care facility or health care practitioner shall allow a

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1		respondent access to the records of any child who is a
2		protected person under the order of protection, or release
3		information in those records to the respondent, unless the
4		order has expired or the respondent shows a certified copy of
5		the court order vacating the corresponding order of protection
6		that was sent to the health care facility or practitioner.
7		Nothing in this Section shall be construed to require health
8		care facilities or health care practitioners to alter
9		procedures related to billing and payment. The health care
10		facility or health care practitioner may file the copy of the
11		order of protection in the records of a child who is a
12		protected person under the order of protection, or may employ
13		any other method to identify the records to which a respondent
14		is prohibited access. No health care facility or health care
15		practitioner shall be civilly or professionally liable for
16		reliance on a copy of an order of protection, except for
17		willful and wanton misconduct.
18		(Source: P.A. 102-538, eff. 8-20-21; 103-1065, eff. 5-11-25.)
19		Section 330. The Illinois Human Rights Act is amended by
20		changing Section 5-101 as follows:
21		(775 ILCS 5/5-101)  (from Ch. 68, par. 5-101)
22		Sec. 5-101. Definitions. The following definitions are
23		applicable strictly in the context of this Article:
24		(A) Place of Public Accommodation. "Place of public

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1		accommodation" includes, but is not limited to:
2		(1) an inn, hotel, motel, or other place of lodging,
3		except for an establishment located within a building that
4		contains not more than 5 units for rent or hire and that is
5		actually occupied by the proprietor of such establishment
6		as the residence of such proprietor;
7		(2) a restaurant, bar, or other establishment serving
8		food or drink;
9		(3) a motion picture house, theater, concert hall,
10		stadium, or other place of exhibition or entertainment;
11		(4) an auditorium, convention center, lecture hall, or
12		other place of public gathering;
13		(5) a bakery, grocery store, clothing store, hardware
14		store, shopping center, or other sales or rental
15		establishment;
16		(6) a laundromat, dry-cleaner, bank, barber shop,
17		beauty shop, travel service, shoe repair service, funeral
18		parlor, gas station, office of an accountant or lawyer,
19		pharmacy, insurance office, professional office of a
20		health care provider, hospital, or other service
21		establishment;
22		(7) public conveyances on air, water, or land;
23		(8) a terminal, depot, or other station used for
24		specified public transportation;
25		(9) a museum, library, gallery, or other place of
26		public display or collection;

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1		(10) a park, zoo, amusement park, or other place of
2		recreation;
3		(11) a non-sectarian nursery, early care and education
4		day care center, elementary, secondary, undergraduate, or
5		postgraduate school, or other place of education;
6		(12) a senior citizen center, homeless shelter, food
7		bank, non-sectarian adoption agency, or other social
8		service center establishment; and
9		(13) a gymnasium, health spa, bowling alley, golf
10		course, or other place of exercise or recreation.
11		(B) Operator. "Operator" means any owner, lessee,
12		proprietor, manager, superintendent, agent, or occupant of a
13		place of public accommodation or an employee of any such
14		person or persons.
15		(C) Public Official. "Public official" means any officer
16		or employee of the state or any agency thereof, including
17		state political subdivisions, municipal corporations, park
18		districts, forest preserve districts, educational
19		institutions, and schools.
20		(Source: P.A. 100-863, eff. 8-14-18.)
21		Section 335. The Minimum Wage Law is amended by changing
22		Section 3 as follows:
23		(820 ILCS 105/3)  (from Ch. 48, par. 1003)
24		Sec. 3. As used in this Act:

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1		(a) "Director" means the Director of the Department of
2		Labor, and "Department" means the Department of Labor.
3		(b) "Wages" means compensation due to an employee by
4		reason of his employment, including allowances determined by
5		the Director in accordance with the provisions of this Act for
6		gratuities and, when furnished by the employer, for meals and
7		lodging actually used by the employee.
8		(c) "Employer" includes any individual, partnership,
9		association, corporation, limited liability company, business
10		trust, governmental or quasi-governmental body, or any person
11		or group of persons acting directly or indirectly in the
12		interest of an employer in relation to an employee, for which
13		one or more persons are gainfully employed on some day within a
14		calendar year. An employer is subject to this Act in a calendar
15		year on and after the first day in such calendar year in which
16		he employs one or more persons, and for the following calendar
17		year.
18		(d) "Employee" includes any individual permitted to work
19		by an employer in an occupation, and includes, notwithstanding
20		subdivision (1) of this subsection (d), one or more domestic
21		workers as defined in Section 10 of the Domestic Workers' Bill
22		of Rights Act, but does not include any individual permitted
23		to work:
24		(1) For an employer employing fewer than 4 employees
25		exclusive of the employer's parent, spouse or child or
26		other members of his immediate family.

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1		(2) As an employee employed in agriculture or
2		aquaculture (A) if such employee is employed by an
3		employer who did not, during any calendar quarter during
4		the preceding calendar year, use more than 500 man-days of
5		agricultural or aquacultural labor, (B) if such employee
6		is the parent, spouse or child, or other member of the
7		employer's immediate family, (C) if such employee (i) is
8		employed as a hand harvest laborer and is paid on a piece
9		rate basis in an operation which has been, and is
10		customarily and generally recognized as having been, paid
11		on a piece rate basis in the region of employment, (ii)
12		commutes daily from his permanent residence to the farm on
13		which he is so employed, and (iii) has been employed in
14		agriculture less than 13 weeks during the preceding
15		calendar year, (D) if such employee (other than an
16		employee described in clause (C) of this subparagraph):
17		(i) is 16 years of age or under and is employed as a hand
18		harvest laborer, is paid on a piece rate basis in an
19		operation which has been, and is customarily and generally
20		recognized as having been, paid on a piece rate basis in
21		the region of employment, (ii) is employed on the same
22		farm as his parent or person standing in the place of his
23		parent, and (iii) is paid at the same piece rate as
24		employees over 16 are paid on the same farm.
25		(3) (Blank).
26		(4) As an outside salesman.

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1		(5) As a member of a religious corporation or
2		organization.
3		(6) At an accredited Illinois college or university
4		employed by the college or university at which he is a
5		student who is covered under the provisions of the Fair
6		Labor Standards Act of 1938, as heretofore or hereafter
7		amended.
8		(7) For a motor carrier and with respect to whom the
9		U.S. Secretary of Transportation has the power to
10		establish qualifications and maximum hours of service
11		under the provisions of Title 49 U.S.C. or the State of
12		Illinois under Section 18b-105 (Title 92 of the Illinois
13		Administrative Code, Part 395 - Hours of Service of
14		Drivers) of the Illinois Vehicle Code.
15		(8) As an employee employed as a player who is 28 years
16		old or younger, a manager, a coach, or an athletic trainer
17		by a minor league professional baseball team not
18		affiliated with a major league baseball club, if (A) the
19		minor league professional baseball team does not operate
20		for more than 7 months in any calendar year or (B) during
21		the preceding calendar year, the minor league professional
22		baseball team's average receipts for any 6-month period of
23		the year were not more than 33 1/3% of its average receipts
24		for the other 6 months of the year.
25		The above exclusions from the term "employee" may be
26		further defined by regulations of the Director.

HB3595 Enrolled - 1143 - LRB104 08153 BAB 18201 b
1		(e) "Occupation" means an industry, trade, business or
2		class of work in which employees are gainfully employed.
3		(f) "Gratuities" means voluntary monetary contributions to
4		an employee from a guest, patron or customer in connection
5		with services rendered.
6		(g) "Outside salesman" means an employee regularly engaged
7		in making sales or obtaining orders or contracts for services
8		where a major portion of such duties are performed away from
9		his employer's place of business.
10		(h) "Day camp" means a seasonal recreation program in
11		operation for no more than 16 weeks intermittently throughout
12		the calendar year, accommodating for profit or under
13		philanthropic or charitable auspices, 5 or more children under
14		18 years of age, not including overnight programs. The term
15		"day camp" does not include a "early care and education day
16		care agency", "early care and education child care facility"
17		or "foster family home" as licensed by the Illinois Department
18		of Children and Family Services.
19		(Source: P.A. 99-758, eff. 1-1-17; 100-192, eff. 8-18-17.)
20		Section 340. The Domestic Workers' Bill of Rights Act is
21		amended by changing Section 10 as follows:
22		(820 ILCS 182/10)
23		Sec. 10. Definitions. As used in this Act:
24		"Domestic work" means:

HB3595 Enrolled - 1144 - LRB104 08153 BAB 18201 b
1		(1) housekeeping;
2		(2) house cleaning;
3		(3) home management;
4		(4) nanny services including early care and education
5		childcare and child monitoring;
6		(5) caregiving, personal care or home health services
7		for elderly persons or persons with an illness, injury, or
8		disability who require assistance in caring for
9		themselves;
10		(6) laundering;
11		(7) cooking;
12		(8) companion services;
13		(9) chauffeuring; or
14		(10) other household services for members of
15		households or their guests in or about a private home or
16		residence or any other location where the domestic work is
17		performed.
18		"Domestic worker" means a person employed to perform
19		domestic work. "Domestic worker" does not include: (i) a
20		person performing domestic work who is the employer's parent,
21		spouse, child, or other member of his or her immediate family,
22		exclusive of individuals whose primary work duties are
23		caregiving, companion services, personal care or home health
24		services for elderly persons or persons with an illness,
25		injury, or disability who require assistance in caring for
26		themselves; (ii) child and early care and education day care

HB3595 Enrolled - 1145 - LRB104 08153 BAB 18201 b
1		home providers participating in the child care assistance
2		program under Section 9A-11 of the Illinois Public Aid Code;
3		(iii) a person who is employed by one or more employers in or
4		about a private home or residence or any other location where
5		the domestic work is performed for 8 hours or less in the
6		aggregate in any workweek on a regular basis, exclusive of
7		individuals whose primary work duties are caregiving,
8		companion services, personal care or home health services for
9		elderly persons or persons with an illness, injury, or
10		disability who require assistance in caring for themselves; or
11		(iv) a person who the employer establishes: (A) has been and
12		will continue to be free from control and direction over the
13		performance of his or her work, both under a contract of
14		service and in fact; (B) is engaged in an independently
15		established trade, occupation, profession or business; or (C)
16		is deemed a legitimate sole proprietor or partnership. A sole
17		proprietor or partnership shall be deemed to be legitimate if
18		the employer establishes that:
19		(1) the sole proprietor or partnership is performing
20		the service free from the direction or control over the
21		means and manner of providing the service, subject only to
22		the right of the employer for whom the service is provided
23		to specify the desired result;
24		(2) the sole proprietor or partnership is not subject
25		to cancellation or destruction upon severance of the
26		relationship with the employer;

HB3595 Enrolled - 1146 - LRB104 08153 BAB 18201 b
1		(3) the sole proprietor or partnership has a
2		substantial investment of capital in the sole
3		proprietorship or partnership beyond ordinary tools and
4		equipment and a personal vehicle;
5		(4) the sole proprietor or partnership owns the
6		capital goods and gains the profits and bears the losses
7		of the sole proprietorship or partnership;
8		(5) the sole proprietor or partnership makes its
9		services available to the general public on a continuing
10		basis;
11		(6) the sole proprietor or partnership includes
12		services rendered on a Federal Income Tax Schedule as an
13		independent business or profession;
14		(7) the sole proprietor or partnership performs
15		services for the contractor under the sole
16		proprietorship's or partnership's name;
17		(8) when the services being provided require a license
18		or permit, the sole proprietor or partnership obtains and
19		pays for the license or permit in the sole
20		proprietorship's or partnership's name;
21		(9) the sole proprietor or partnership furnishes the
22		tools and equipment necessary to provide the service;
23		(10) if necessary, the sole proprietor or partnership
24		hires its own employees without approval of the employer,
25		pays the employees without reimbursement from the employer
26		and reports the employees' income to the Internal Revenue

HB3595 Enrolled - 1147 - LRB104 08153 BAB 18201 b
1		Service;
2		(11) the employer does not represent the sole
3		proprietorship or partnership as an employee of the
4		employer to the public; and
5		(12) the sole proprietor or partnership has the right
6		to perform similar services for others on whatever basis
7		and whenever it chooses.
8		"Employ" includes to suffer or permit to work.
9		"Employee" means a domestic worker.
10		"Employer" means: any individual; partnership;
11		association; corporation; limited liability company; business
12		trust; employment and labor placement agency where wages are
13		made directly or indirectly by the agency or business for work
14		undertaken by employees under hire to a third party pursuant
15		to a contract between the business or agency with the third
16		party; the State of Illinois and local governments, or any
17		political subdivision of the State or local government, or
18		State or local government agency; for which one or more
19		persons is gainfully employed, express or implied, whether
20		lawfully or unlawfully employed, who employs a domestic worker
21		or who exercises control over the domestic worker's wage,
22		remuneration, or other compensation, hours of employment,
23		place of employment, or working conditions, or whose agent or
24		any other person or group of persons acting directly or
25		indirectly in the interest of an employer in relation to the
26		employee exercises control over the domestic worker's wage,

HB3595 Enrolled - 1148 - LRB104 08153 BAB 18201 b
1		remuneration or other compensation, hours of employment, place
2		of employment, or working conditions.
3		(Source: P.A. 99-758, eff. 1-1-17.)
4		Section 995. No acceleration or delay. Where this Act
5		makes changes in a statute that is represented in this Act by
6		text that is not yet or no longer in effect (for example, a
7		Section represented by multiple versions), the use of that
8		text does not accelerate or delay the taking effect of (i) the
9		changes made by this Act or (ii) provisions derived from any
10		other Public Act.
11		Section 999. Effective date. This Act takes effect July 1,
12		2026.