102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0101

 

Introduced 1/14/2021, by Rep. Jonathan Carroll

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 70/1.43 new
5 ILCS 70/1.44 new
50 ILCS 750/2  from Ch. 134, par. 32
50 ILCS 750/6.1  from Ch. 134, par. 36.1
105 ILCS 5/2-3.83  from Ch. 122, par. 2-3.83
105 ILCS 5/14-11.02  from Ch. 122, par. 14-11.02
220 ILCS 5/13-213  from Ch. 111 2/3, par. 13-213
425 ILCS 60/3  from Ch. 127 1/2, par. 803
510 ILCS 5/15  from Ch. 8, par. 365
510 ILCS 5/15.1
510 ILCS 70/7.15
775 ILCS 5/8-102  from Ch. 68, par. 8-102
775 ILCS 30/3  from Ch. 23, par. 3363

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


LRB102 04261 KTG 14279 b

 

 

A BILL FOR

 

HB0101LRB102 04261 KTG 14279 b

1    AN ACT concerning persons who are deaf, hard of hearing,
2or DeafBlind.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 5. The Statute on Statutes is amended by adding
6Sections 1.43 and 1.44 as follows:
 
7    (5 ILCS 70/1.43 new)
8    Sec. 1.43. Hearing impaired. Except where the context
9indicates otherwise, in any rule, contract, or other document
10a reference to the term "hearing impaired" shall be considered
11a reference to the term "deaf" or "hard of hearing". The use of
12either "hearing impaired", "deaf", or "hard of hearing" shall
13not invalidate any rule, contract, or other document.
 
14    (5 ILCS 70/1.44 new)
15    Sec. 1.44. DeafBlind. "DeafBlind" means a person who may
16be born without significant use of visual and auditory senses
17or may experience progressive loss of both senses over a
18period of a lifetime. A DeafBlind person may use touch as his
19or her primary sense in order to engage with his or her
20physical and social environment. A DeafBlind person's touch
21senses may be enhanced through the use of low-tech and
22high-tech solutions such as white canes, braille, and

 

 

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1electronics, also known as adaptive technologies.
2Communication may involve spoken, written, signed, and touch
3languages. Services may include intervenors for educational
4development, support service providers for access to
5non-touch-accessible interactions, and tactile interpreting,
6as well as transitional services for those experiencing
7progressive loss.
 
8    Section 10. The Emergency Telephone System Act is amended
9by changing Sections 2 and 6.1 as follows:
 
10    (50 ILCS 750/2)  (from Ch. 134, par. 32)
11    (Section scheduled to be repealed on December 31, 2021)
12    Sec. 2. Definitions. As used in this Act, unless the
13context otherwise requires:
14    "9-1-1 network" means the network used for the delivery of
159-1-1 calls and messages over dedicated and redundant
16facilities to a primary or backup 9-1-1 PSAP that meets P.01
17grade of service standards for basic 9-1-1 and enhanced 9-1-1
18services or meets national I3 industry call delivery standards
19for Next Generation 9-1-1 services.
20    "9-1-1 system" means the geographic area that has been
21granted an order of authority by the Commission or the
22Statewide 9-1-1 Administrator to use "9-1-1" as the primary
23emergency telephone number.
24    "9-1-1 Authority" includes an Emergency Telephone System

 

 

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1Board, Joint Emergency Telephone System Board, and a qualified
2governmental entity. "9-1-1 Authority" includes the Department
3of State Police only to the extent it provides 9-1-1 services
4under this Act.
5    "Administrator" means the Statewide 9-1-1 Administrator.
6    "Advanced service" means any telecommunications service
7with or without dynamic bandwidth allocation, including, but
8not limited to, ISDN Primary Rate Interface (PRI), that,
9through the use of a DS-1, T-1, or other un-channelized or
10multi-channel transmission facility, is capable of
11transporting either the subscriber's inter-premises voice
12telecommunications services to the public switched network or
13the subscriber's 9-1-1 calls to the public agency.
14    "ALI" or "automatic location identification" means, in an
15E9-1-1 system, the automatic display at the public safety
16answering point of the caller's telephone number, the address
17or location of the telephone, and supplementary emergency
18services information.
19    "ANI" or "automatic number identification" means the
20automatic display of the 9-1-1 calling party's number on the
21PSAP monitor.
22    "Automatic alarm" and "automatic alerting device" mean any
23device that will access the 9-1-1 system for emergency
24services upon activation.
25    "Backup PSAP" means a public safety answering point that
26serves as an alternate to the PSAP for enhanced systems and is

 

 

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1at a different location and operates independently from the
2PSAP. A backup PSAP may accept overflow calls from the PSAP or
3be activated if the primary PSAP is disabled.
4    "Board" means an Emergency Telephone System Board or a
5Joint Emergency Telephone System Board created pursuant to
6Section 15.4.
7    "Carrier" includes a telecommunications carrier and a
8wireless carrier.
9    "Commission" means the Illinois Commerce Commission.
10    "Computer aided dispatch" or "CAD" means a computer-based
11system that aids PSAP telecommunicators by automating selected
12dispatching and recordkeeping activities.
13    "Direct dispatch method" means a 9-1-1 service that
14provides for the direct dispatch by a PSAP telecommunicator of
15the appropriate unit upon receipt of an emergency call and the
16decision as to the proper action to be taken.
17    "Department" means the Department of State Police.
18    "DS-1, T-1, or similar un-channelized or multi-channel
19transmission facility" means a facility that can transmit and
20receive a bit rate of at least 1.544 megabits per second
21(Mbps).
22    "Dynamic bandwidth allocation" means the ability of the
23facility or customer to drop and add channels, or adjust
24bandwidth, when needed in real time for voice or data
25purposes.
26    "Enhanced 9-1-1" or "E9-1-1" means a telephone system that

 

 

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1includes network switching, database and PSAP premise elements
2capable of providing automatic location identification data,
3selective routing, selective transfer, fixed transfer, and a
4call back number, including any enhanced 9-1-1 service so
5designated by the Federal Communications Commission in its
6report and order in WC Dockets Nos. 04-36 and 05-196, or any
7successor proceeding.
8    "ETSB" means an emergency telephone system board appointed
9by the corporate authorities of any county or municipality
10that provides for the management and operation of a 9-1-1
11system.
12    "Deaf, hard of hearing, or DeafBlind Hearing-impaired
13individual" means a person with a permanent hearing loss who
14can regularly and routinely communicate by telephone only
15through the aid of devices which can send and receive written
16messages over the telephone network.
17    "Hosted supplemental 9-1-1 service" means a database
18service that:
19        (1) electronically provides information to 9-1-1 call
20    takers when a call is placed to 9-1-1;
21        (2) allows telephone subscribers to provide
22    information to 9-1-1 to be used in emergency scenarios;
23        (3) collects a variety of formatted data relevant to
24    9-1-1 and first responder needs, which may include, but is
25    not limited to, photographs of the telephone subscribers,
26    physical descriptions, medical information, household

 

 

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1    data, and emergency contacts;
2        (4) allows for information to be entered by telephone
3    subscribers through a secure website where they can elect
4    to provide as little or as much information as they
5    choose;
6        (5) automatically displays data provided by telephone
7    subscribers to 9-1-1 call takers for all types of
8    telephones when a call is placed to 9-1-1 from a
9    registered and confirmed phone number;
10        (6) supports the delivery of telephone subscriber
11    information through a secure internet connection to all
12    emergency telephone system boards;
13        (7) works across all 9-1-1 call taking equipment and
14    allows for the easy transfer of information into a
15    computer aided dispatch system; and
16        (8) may be used to collect information pursuant to an
17    Illinois Premise Alert Program as defined in the Illinois
18    Premise Alert Program (PAP) Act.
19    "Interconnected voice over Internet protocol provider" or
20"Interconnected VoIP provider" has the meaning given to that
21term under Section 13-235 of the Public Utilities Act.
22    "Joint ETSB" means a Joint Emergency Telephone System
23Board established by intergovernmental agreement of two or
24more municipalities or counties, or a combination thereof, to
25provide for the management and operation of a 9-1-1 system.
26    "Local public agency" means any unit of local government

 

 

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1or special purpose district located in whole or in part within
2this State that provides or has authority to provide
3firefighting, police, ambulance, medical, or other emergency
4services.
5    "Mechanical dialer" means any device that either manually
6or remotely triggers a dialing device to access the 9-1-1
7system.
8    "Master Street Address Guide" or "MSAG" is a database of
9street names and house ranges within their associated
10communities defining emergency service zones (ESZs) and their
11associated emergency service numbers (ESNs) to enable proper
12routing of 9-1-1 calls.
13    "Mobile telephone number" or "MTN" means the telephone
14number assigned to a wireless telephone at the time of initial
15activation.
16    "Network connections" means the number of voice grade
17communications channels directly between a subscriber and a
18telecommunications carrier's public switched network, without
19the intervention of any other telecommunications carrier's
20switched network, which would be required to carry the
21subscriber's inter-premises traffic and which connection
22either (1) is capable of providing access through the public
23switched network to a 9-1-1 Emergency Telephone System, if one
24exists, or (2) if no system exists at the time a surcharge is
25imposed under Section 15.3, that would be capable of providing
26access through the public switched network to the local 9-1-1

 

 

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1Emergency Telephone System if one existed. Where multiple
2voice grade communications channels are connected to a
3telecommunications carrier's public switched network through a
4private branch exchange (PBX) service, there shall be
5determined to be one network connection for each trunk line
6capable of transporting either the subscriber's inter-premises
7traffic to the public switched network or the subscriber's
89-1-1 calls to the public agency. Where multiple voice grade
9communications channels are connected to a telecommunications
10carrier's public switched network through centrex type
11service, the number of network connections shall be equal to
12the number of PBX trunk equivalents for the subscriber's
13service or other multiple voice grade communication channels
14facility, as determined by reference to any generally
15applicable exchange access service tariff filed by the
16subscriber's telecommunications carrier with the Commission.
17    "Network costs" means those recurring costs that directly
18relate to the operation of the 9-1-1 network as determined by
19the Statewide 9-1-1 Administrator with the advice of the
20Statewide 9-1-1 Advisory Board, which may include, but need
21not be limited to, some or all of the following: costs for
22interoffice trunks, selective routing charges, transfer lines
23and toll charges for 9-1-1 services, Automatic Location
24Information (ALI) database charges, independent local exchange
25carrier charges and non-system provider charges, carrier
26charges for third party database for on-site customer premises

 

 

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1equipment, back-up PSAP trunks for non-system providers,
2periodic database updates as provided by carrier (also known
3as "ALI data dump"), regional ALI storage charges, circuits
4for call delivery (fiber or circuit connection), NG9-1-1
5costs, and all associated fees, taxes, and surcharges on each
6invoice. "Network costs" shall not include radio circuits or
7toll charges that are other than for 9-1-1 services.
8    "Next generation 9-1-1" or "NG9-1-1" means an Internet
9Protocol-based (IP-based) system comprised of managed ESInets,
10functional elements and applications, and databases that
11replicate traditional E9-1-1 features and functions and
12provide additional capabilities. "NG9-1-1" systems are
13designed to provide access to emergency services from all
14connected communications sources, and provide multimedia data
15capabilities for PSAPs and other emergency services
16organizations.
17    "NG9-1-1 costs" means those recurring costs that directly
18relate to the Next Generation 9-1-1 service as determined by
19the Statewide 9-1-1 Advisory Board, including, but not limited
20to, costs for Emergency System Routing Proxy (ESRP), Emergency
21Call Routing Function/Location Validation Function (ECRF/LVF),
22Spatial Information Function (SIF), the Border Control
23Function (BCF), and the Emergency Services Internet Protocol
24networks (ESInets), legacy network gateways, and all
25associated fees, taxes, and surcharges on each invoice.
26    "Private branch exchange" or "PBX" means a private

 

 

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1telephone system and associated equipment located on the
2user's property that provides communications between internal
3stations and external networks.
4    "Private business switch service" means network and
5premises based systems including a VoIP, Centrex type service,
6or PBX service, even though key telephone systems or
7equivalent telephone systems registered with the Federal
8Communications Commission under 47 C.F.R. Part 68 are directly
9connected to Centrex type and PBX systems. "Private business
10switch service" does not include key telephone systems or
11equivalent telephone systems registered with the Federal
12Communications Commission under 47 C.F.R. Part 68 when not
13used in conjunction with a VoIP, Centrex type, or PBX systems.
14"Private business switch service" typically includes, but is
15not limited to, private businesses, corporations, and
16industries where the telecommunications service is primarily
17for conducting business.
18    "Private residential switch service" means network and
19premise based systems including a VoIP, Centrex type service,
20or PBX service or key telephone systems or equivalent
21telephone systems registered with the Federal Communications
22Commission under 47 C.F.R. Part 68 that are directly connected
23to a VoIP, Centrex type service, or PBX systems equipped for
24switched local network connections or 9-1-1 system access to
25residential end users through a private telephone switch.
26"Private residential switch service" does not include key

 

 

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1telephone systems or equivalent telephone systems registered
2with the Federal Communications Commission under 47 C.F.R.
3Part 68 when not used in conjunction with a VoIP, Centrex type,
4or PBX systems. "Private residential switch service" typically
5includes, but is not limited to, apartment complexes,
6condominiums, and campus or university environments where
7shared tenant service is provided and where the usage of the
8telecommunications service is primarily residential.
9    "Public agency" means the State, and any unit of local
10government or special purpose district located in whole or in
11part within this State, that provides or has authority to
12provide firefighting, police, ambulance, medical, or other
13emergency services.
14    "Public safety agency" means a functional division of a
15public agency that provides firefighting, police, medical, or
16other emergency services to respond to and manage emergency
17incidents. For the purpose of providing wireless service to
18users of 9-1-1 emergency services, as expressly provided for
19in this Act, the Department of State Police may be considered a
20public safety agency.
21    "Public safety answering point" or "PSAP" is a set of
22call-takers authorized by a governing body and operating under
23common management that receive 9-1-1 calls and asynchronous
24event notifications for a defined geographic area and
25processes those calls and events according to a specified
26operational policy.

 

 

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1    "Qualified governmental entity" means a unit of local
2government authorized to provide 9-1-1 services pursuant to
3this Act where no emergency telephone system board exists.
4    "Referral method" means a 9-1-1 service in which the PSAP
5telecommunicator provides the calling party with the telephone
6number of the appropriate public safety agency or other
7provider of emergency services.
8    "Regular service" means any telecommunications service,
9other than advanced service, that is capable of transporting
10either the subscriber's inter-premises voice
11telecommunications services to the public switched network or
12the subscriber's 9-1-1 calls to the public agency.
13    "Relay method" means a 9-1-1 service in which the PSAP
14telecommunicator takes the pertinent information from a caller
15and relays that information to the appropriate public safety
16agency or other provider of emergency services.
17    "Remit period" means the billing period, one month in
18duration, for which a wireless carrier remits a surcharge and
19provides subscriber information by zip code to the Department,
20in accordance with Section 20 of this Act.
21    "Secondary Answering Point" or "SAP" means a location,
22other than a PSAP, that is able to receive the voice, data, and
23call back number of E9-1-1 or NG9-1-1 emergency calls
24transferred from a PSAP and completes the call taking process
25by dispatching police, medical, fire, or other emergency
26responders.

 

 

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1    "Statewide wireless emergency 9-1-1 system" means all
2areas of the State where an emergency telephone system board
3or, in the absence of an emergency telephone system board, a
4qualified governmental entity, has not declared its intention
5for one or more of its public safety answering points to serve
6as a primary wireless 9-1-1 public safety answering point for
7its jurisdiction. The operator of the statewide wireless
8emergency 9-1-1 system shall be the Department of State
9Police.
10    "System" means the communications equipment and related
11software applications required to produce a response by the
12appropriate emergency public safety agency or other provider
13of emergency services as a result of an emergency call being
14placed to 9-1-1.
15    "System provider" means the contracted entity providing
169-1-1 network and database services.
17    "Telecommunications carrier" means those entities included
18within the definition specified in Section 13-202 of the
19Public Utilities Act, and includes those carriers acting as
20resellers of telecommunications services. "Telecommunications
21carrier" includes telephone systems operating as mutual
22concerns. "Telecommunications carrier" does not include a
23wireless carrier.
24    "Telecommunications technology" means equipment that can
25send and receive written messages over the telephone network.
26    "Transfer method" means a 9-1-1 service in which the PSAP

 

 

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1telecommunicator receiving a call transfers that call to the
2appropriate public safety agency or other provider of
3emergency services.
4    "Transmitting messages" shall have the meaning given to
5that term under Section 8-11-2 of the Illinois Municipal Code.
6    "Trunk line" means a transmission path, or group of
7transmission paths, connecting a subscriber's PBX to a
8telecommunications carrier's public switched network. In the
9case of regular service, each voice grade communications
10channel or equivalent amount of bandwidth capable of
11transporting either the subscriber's inter-premises voice
12telecommunications services to the public switched network or
13the subscriber's 9-1-1 calls to the public agency shall be
14considered a trunk line, even if it is bundled with other
15channels or additional bandwidth. In the case of advanced
16service, each DS-1, T-1, or other un-channelized or
17multi-channel transmission facility that is capable of
18transporting either the subscriber's inter-premises voice
19telecommunications services to the public switched network or
20the subscriber's 9-1-1 calls to the public agency shall be
21considered a single trunk line, even if it contains multiple
22voice grade communications channels or otherwise supports 2 or
23more voice grade calls at a time; provided, however, that each
24additional increment of up to 24 voice grade channels of
25transmission capacity that is capable of transporting either
26the subscriber's inter-premises voice telecommunications

 

 

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1services to the public switched network or the subscriber's
29-1-1 calls to the public agency shall be considered an
3additional trunk line.
4    "Unmanned backup PSAP" means a public safety answering
5point that serves as an alternate to the PSAP at an alternate
6location and is typically unmanned but can be activated if the
7primary PSAP is disabled.
8    "Virtual answering point" or "VAP" means a temporary or
9nonpermanent location that is capable of receiving an
10emergency call, contains a fully functional worksite that is
11not bound to a specific location, but rather is portable and
12scalable, connecting emergency call takers or dispatchers to
13the work process, and is capable of completing the call
14dispatching process.
15    "Voice-impaired individual" means a person with a
16permanent speech disability which precludes oral
17communication, who can regularly and routinely communicate by
18telephone only through the aid of devices which can send and
19receive written messages over the telephone network.
20    "Wireless carrier" means a provider of two-way cellular,
21broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
22Mobile Radio Service (CMRS), Wireless Communications Service
23(WCS), or other Commercial Mobile Radio Service (CMRS), as
24defined by the Federal Communications Commission, offering
25radio communications that may provide fixed, mobile, radio
26location, or satellite communication services to individuals

 

 

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1or businesses within its assigned spectrum block and
2geographical area or that offers real-time, two-way voice
3service that is interconnected with the public switched
4network, including a reseller of such service.
5    "Wireless enhanced 9-1-1" means the ability to relay the
6telephone number of the originator of a 9-1-1 call and
7location information from any mobile handset or text telephone
8device accessing the wireless system to the designated
9wireless public safety answering point as set forth in the
10order of the Federal Communications Commission, FCC Docket No.
1194-102, adopted June 12, 1996, with an effective date of
12October 1, 1996, and any subsequent amendment thereto.
13    "Wireless public safety answering point" means the
14functional division of a 9-1-1 authority accepting wireless
159-1-1 calls.
16    "Wireless subscriber" means an individual or entity to
17whom a wireless service account or number has been assigned by
18a wireless carrier, other than an account or number associated
19with prepaid wireless telecommunication service.
20(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
21    (50 ILCS 750/6.1)  (from Ch. 134, par. 36.1)
22    (Section scheduled to be repealed on December 31, 2021)
23    Sec. 6.1. Every 9-1-1 system shall be readily accessible
24to deaf, hard of hearing, DeafBlind, hearing-impaired and
25voice-impaired individuals through the use of

 

 

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1telecommunications technology for deaf, hard of hearing,
2DeafBlind, hearing-impaired and speech-impaired individuals.
3(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
4    Section 15. The School Code is amended by changing
5Sections 2-3.83 and 14-11.02 as follows:
 
6    (105 ILCS 5/2-3.83)  (from Ch. 122, par. 2-3.83)
7    Sec. 2-3.83. Individual transition plan model pilot
8program.
9    (a) The General Assembly finds that transition services
10for special education students in secondary schools are needed
11for the increasing numbers of students exiting school
12programs. Therefore, to ensure coordinated and timely delivery
13of services, the State shall establish a model pilot program
14to provide such services. Local school districts, using joint
15agreements and regional service delivery systems for special
16and vocational education selected by the Governor's Planning
17Council on Developmental Disabilities, shall have the primary
18responsibility to convene transition planning meetings for
19these students who will require post-school adult services.
20    (b) For purposes of this Section:
21        (1) "Post-secondary Service Provider" means a provider
22    of services for adults who have any developmental
23    disability as defined in Section 1-106 of the Mental
24    Health and Developmental Disabilities Code or who are

 

 

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1    persons with one or more disabilities as defined in the
2    Rehabilitation of Persons with Disabilities Act.
3        (2) "Individual Education Plan" means a written
4    statement for an exceptional child that provides at least
5    a statement of: the child's present levels of educational
6    performance, annual goals and short-term instructional
7    objectives; specific special education and related
8    services; the extent of participation in the regular
9    education program; the projected dates for initiation of
10    services; anticipated duration of services; appropriate
11    objective criteria and evaluation procedures; and a
12    schedule for annual determination of short-term
13    objectives.
14        (3) "Individual Transition Plan" (ITP) means a
15    multi-agency informal assessment of a student's needs for
16    post-secondary adult services including but not limited to
17    employment, post-secondary education or training and
18    residential independent living.
19        (4) "Developmental Disability" means a disability
20    which is attributable to: (a) an intellectual disability,
21    cerebral palsy, epilepsy or autism; or to (b) any other
22    condition which results in impairment similar to that
23    caused by an intellectual disability and which requires
24    services similar to those required by persons with an
25    intellectual disability. Such disability must originate
26    before the age of 18 years, be expected to continue

 

 

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1    indefinitely, and constitute a substantial disability.
2        (5) "Exceptional Characteristic" means any disabling
3    or exceptional characteristic which interferes with a
4    student's education including, but not limited to, a
5    determination that the student has a severe or profound
6    mental disability, has mental disability but is trainable,
7    is DeafBlind deaf-blind, or has some other health
8    impairment.
9    (c) The model pilot program required by this Section shall
10be established and administered by the Governor's Planning
11Council on Developmental Disabilities in conjunction with the
12case coordination pilot projects established by the Department
13of Human Services pursuant to Section 4.1 of the Community
14Services Act, as amended.
15    (d) The model pilot program shall include the following
16features:
17        (1) Written notice shall be sent to the student and,
18    when appropriate, his or her parent or guardian giving the
19    opportunity to consent to having the student's name and
20    relevant information shared with the local case
21    coordination unit and other appropriate State or local
22    agencies for purposes of inviting participants to the
23    individual transition plan meeting.
24        (2) Meetings to develop and modify, as needed, an
25    Individual Transition Plan shall be conducted annually for
26    all students with a developmental disability in the pilot

 

 

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1    program area who are age 16 or older and who are receiving
2    special education services for 50% or more of their public
3    school program. These meetings shall be convened by the
4    local school district and conducted in conjunction with
5    any other regularly scheduled meetings such as the
6    student's annual individual educational plan meeting. The
7    Governor's Planning Council on Developmental Disabilities
8    shall cooperate with and may enter into any necessary
9    written agreements with the Department of Human Services
10    and the State Board of Education to identify the target
11    group of students for transition planning and the
12    appropriate case coordination unit to serve these
13    individuals.
14        (3) The ITP meetings shall be co-chaired by the
15    individual education plan coordinator and the case
16    coordinator. The ITP meeting shall include but not be
17    limited to discussion of the following: the student's
18    projected date of exit from the public schools; his
19    projected post-school goals in the areas of employment,
20    residential living arrangement and post-secondary
21    education or training; specific school or post-school
22    services needed during the following year to achieve the
23    student's goals, including but not limited to vocational
24    evaluation, vocational education, work experience or
25    vocational training, placement assistance, independent
26    living skills training, recreational or leisure training,

 

 

HB0101- 21 -LRB102 04261 KTG 14279 b

1    income support, medical needs and transportation; and
2    referrals and linkage to needed services, including a
3    proposed time frame for services and the responsible
4    agency or provider. The individual transition plan shall
5    be signed by participants in the ITP discussion, including
6    but not limited to the student's parents or guardian, the
7    student (where appropriate), multi-disciplinary team
8    representatives from the public schools, the case
9    coordinator and any other individuals who have
10    participated in the ITP meeting at the discretion of the
11    individual education plan coordinator, the developmental
12    disability case coordinator or the parents or guardian.
13        (4) At least 10 days prior to the ITP meeting, the
14    parents or guardian of the student shall be notified in
15    writing of the time and place of the meeting by the local
16    school district. The ITP discussion shall be documented by
17    the assigned case coordinator, and an individual student
18    file shall be maintained by each case coordination unit.
19    One year following a student's exit from public school the
20    case coordinator shall conduct a follow up interview with
21    the student.
22        (5) Determinations with respect to individual
23    transition plans made under this Section shall not be
24    subject to any due process requirements prescribed in
25    Section 14-8.02 of this Code.
26    (e) (Blank).

 

 

HB0101- 22 -LRB102 04261 KTG 14279 b

1(Source: P.A. 99-143, eff. 7-27-15.)
 
2    (105 ILCS 5/14-11.02)  (from Ch. 122, par. 14-11.02)
3    Sec. 14-11.02. Notwithstanding any other Sections of this
4Article, the State Board of Education shall develop and
5operate or contract for the operation of a service center for
6persons who are DeafBlind deaf-blind. For the purpose of this
7Section, persons with DeafBlindness deaf-blindness are persons
8who have both auditory and visual impairments, the combination
9of which causes such severe communication and other
10developmental, educational, vocational and rehabilitation
11problems that such persons cannot be properly accommodated in
12special education or vocational rehabilitation programs solely
13for persons with both hearing and visual disabilities.
14    To be eligible for DeafBlind deaf-blind services, a person
15must have (i) a visual impairment and an auditory impairment,
16or (ii) a condition in which there is a progressive loss of
17hearing or vision or both that results in concomitant vision
18and hearing impairments and that adversely affects educational
19performance as determined by the multidisciplinary conference.
20For purposes of this paragraph and Section:
21        (A) A visual impairment is defined to mean one or more
22    of the following: (i) corrected visual acuity poorer than
23    20/70 in the better eye; (ii) restricted visual field of
24    20 degrees or less in the better eye; (iii) cortical
25    blindness; (iv) does not appear to respond to visual

 

 

HB0101- 23 -LRB102 04261 KTG 14279 b

1    stimulation, which adversely affects educational
2    performance as determined by the multidisciplinary
3    conference.
4        (B) An auditory impairment is defined to mean one or
5    more of the following: (i) a sensorineural or ongoing or
6    chronic conductive hearing loss with aided sensitivity of
7    30dB HL or poorer; (ii) functional auditory behavior that
8    is significantly discrepant from the person's present
9    cognitive and/or developmental levels, which adversely
10    affects educational performance as determined by the
11    multidisciplinary conference.
12    The State Board of Education is empowered to establish,
13maintain and operate or contract for the operation of a
14permanent state-wide service center known as the Philip J.
15Rock Center and School. The School serves eligible children
16between the ages of 3 and 21; the Center serves eligible
17persons of all ages. Services provided by the Center include,
18but are not limited to:
19        (1) Identifying and case management of persons who are
20    auditorily and visually impaired;
21        (2) Providing families with appropriate counseling;
22        (3) Referring persons who are DeafBlind deaf-blind to
23    appropriate agencies for medical and diagnostic services;
24        (4) Referring persons who are DeafBlind deaf-blind to
25    appropriate agencies for educational, training and care
26    services;

 

 

HB0101- 24 -LRB102 04261 KTG 14279 b

1        (5) Developing and expanding services throughout the
2    State to persons who are DeafBlind deaf-blind. This will
3    include ancillary services, such as transportation so that
4    the individuals can take advantage of the expanded
5    services;
6        (6) Maintaining a residential-educational training
7    facility in the Chicago metropolitan area located in an
8    area accessible to public transportation;
9        (7) Receiving, dispensing, and monitoring State and
10    Federal funds to the School and Center designated for
11    services to persons who are DeafBlind deaf-blind;
12        (8) Coordinating services to persons who are DeafBlind
13    deaf-blind through all appropriate agencies, including the
14    Department of Children and Family Services and the
15    Department of Human Services;
16        (9) Entering into contracts with other agencies to
17    provide services to persons who are DeafBlind deaf-blind;
18        (10) Operating on a no-reject basis. Any individual
19    referred to the Center for service and diagnosed as
20    DeafBlind deaf-blind, as defined in this Act, shall
21    qualify for available services;
22        (11) Serving as the referral clearinghouse for all
23    persons who are DeafBlind deaf-blind, age 21 and older;
24    and
25        (12) Providing transition services for students of
26    Philip J. Rock School who are DeafBlind deaf-blind and

 

 

HB0101- 25 -LRB102 04261 KTG 14279 b

1    between the ages of 14 1/2 and 21.
2    The Advisory Board for Services for Persons who are
3DeafBlind Deaf-Blind shall provide advice to the State
4Superintendent of Education, the Governor, and the General
5Assembly on all matters pertaining to policy concerning
6persons who are DeafBlind deaf-blind, including the
7implementation of legislation enacted on their behalf.
8    Regarding the maintenance, operation and education
9functions of the Philip J. Rock Center and School, the
10Advisory Board shall also make recommendations pertaining to
11but not limited to the following matters:
12        (1) Existing and proposed programs of all State
13    agencies that provide services for persons who are
14    DeafBlind deaf-blind;
15        (2) The State program and financial plan for DeafBlind
16    deaf-blind services and the system of priorities to be
17    developed by the State Board of Education;
18        (3) Standards for services in facilities serving
19    persons who are DeafBlind deaf-blind;
20        (4) Standards and rates for State payments for any
21    services purchased for persons who are DeafBlind
22    deaf-blind;
23        (5) Services and research activities in the field of
24    DeafBlindness deaf-blindness, including evaluation of
25    services; and
26        (6) Planning for personnel/preparation, both

 

 

HB0101- 26 -LRB102 04261 KTG 14279 b

1    preservice and inservice.
2    The Advisory Board shall consist of 3 persons appointed by
3the Governor; 2 persons appointed by the State Superintendent
4of Education; 4 persons appointed by the Secretary of Human
5Services; and 2 persons appointed by the Director of Children
6and Family Services. The 3 appointments of the Governor shall
7consist of a senior citizen 60 years of age or older, a
8consumer who is DeafBlind deaf-blind, and a parent of a person
9who is DeafBlind deaf-blind; provided that if any
10gubernatorial appointee serving on the Advisory Board on the
11effective date of this amendatory Act of 1991 is not either a
12senior citizen 60 years of age or older or a consumer who is
13DeafBlind deaf-blind or a parent of a person who is DeafBlind
14deaf-blind, then whenever that appointee's term of office
15expires or a vacancy in that appointee's office sooner occurs,
16the Governor shall make the appointment to fill that office or
17vacancy in a manner that will result, at the earliest possible
18time, in the Governor's appointments to the Advisory Board
19being comprised of one senior citizen 60 years of age or older,
20one consumer who is DeafBlind deaf-blind, and one parent of a
21person who is DeafBlind deaf-blind. One person designated by
22each agency other than the Department of Human Services may be
23an employee of that agency. Two persons appointed by the
24Secretary of Human Services may be employees of the Department
25of Human Services. The appointments of each appointing
26authority other than the Governor shall include at least one

 

 

HB0101- 27 -LRB102 04261 KTG 14279 b

1parent of an individual who is DeafBlind deaf-blind or a
2person who is DeafBlind deaf-blind.
3    Vacancies in terms shall be filled by the original
4appointing authority. After the original terms, all terms
5shall be for 3 years.
6    Except for those members of the Advisory Board who are
7compensated for State service on a full-time basis, members
8shall be reimbursed for all actual expenses incurred in the
9performance of their duties. Each member who is not
10compensated for State service on a full-time basis shall be
11compensated at a rate of $50 per day which he spends on
12Advisory Board duties. The Advisory Board shall meet at least
134 times per year and not more than 12 times per year.
14    The Advisory Board shall provide for its own organization.
15    Six members of the Advisory Board shall constitute a
16quorum. The affirmative vote of a majority of all members of
17the Advisory Board shall be necessary for any action taken by
18the Advisory Board.
19(Source: P.A. 88-670, eff. 12-2-94; 89-397, eff. 8-20-95;
2089-507, eff. 7-1-97.)
 
21    Section 20. The Public Utilities Act is amended by
22changing Section 13-213 as follows:
 
23    (220 ILCS 5/13-213)  (from Ch. 111 2/3, par. 13-213)
24    (Section scheduled to be repealed on December 31, 2021)

 

 

HB0101- 28 -LRB102 04261 KTG 14279 b

1    Sec. 13-213. "Hearing-aid compatible telephone" means a
2telephone so equipped that it can activate an inductive
3coupling hearing-aid or which will provide an alternative
4technology that provides equally effective telephone service
5and which will provide equipment necessary for the deaf, hard
6of hearing, and DeafBlind hearing impaired to use generally
7available telecommunications services effectively or without
8assistance.
9(Source: P.A. 100-20, eff. 7-1-17.)
 
10    Section 25. The Smoke Detector Act is amended by changing
11Section 3 as follows:
 
12    (425 ILCS 60/3)  (from Ch. 127 1/2, par. 803)
13    (Text of Section before amendment by P.A. 100-200)
14    Sec. 3. (a) Every dwelling unit or hotel shall be equipped
15with at least one approved smoke detector in an operating
16condition within 15 feet of every room used for sleeping
17purposes. The detector shall be installed on the ceiling and
18at least 6 inches from any wall, or on a wall located between 4
19and 6 inches from the ceiling.
20    (b) Every single family residence shall have at least one
21approved smoke detector installed on every story of the
22dwelling unit, including basements but not including
23unoccupied attics. In dwelling units with split levels, a
24smoke detector installed on the upper level shall suffice for

 

 

HB0101- 29 -LRB102 04261 KTG 14279 b

1the adjacent lower level if the lower level is less than one
2full story below the upper level; however, if there is an
3intervening door between the adjacent levels, a smoke detector
4shall be installed on each level.
5    (c) Every structure which (1) contains more than one
6dwelling unit, or (2) contains at least one dwelling unit and
7is a mixed-use structure, shall contain at least one approved
8smoke detector at the uppermost ceiling of each interior
9stairwell. The detector shall be installed on the ceiling, at
10least 6 inches from the wall, or on a wall located between 4
11and 6 inches from the ceiling.
12    (d) It shall be the responsibility of the owner of a
13structure to supply and install all required detectors. The
14owner shall be responsible for making reasonable efforts to
15test and maintain detectors in common stairwells and hallways.
16It shall be the responsibility of a tenant to test and to
17provide general maintenance for the detectors within the
18tenant's dwelling unit or rooming unit, and to notify the
19owner or the authorized agent of the owner in writing of any
20deficiencies which the tenant cannot correct. The owner shall
21be responsible for providing one tenant per dwelling unit with
22written information regarding detector testing and
23maintenance.
24    The tenant shall be responsible for replacement of any
25required batteries in the smoke detectors in the tenant's
26dwelling unit, except that the owner shall ensure that such

 

 

HB0101- 30 -LRB102 04261 KTG 14279 b

1batteries are in operating condition at the time the tenant
2takes possession of the dwelling unit. The tenant shall
3provide the owner or the authorized agent of the owner with
4access to the dwelling unit to correct any deficiencies in the
5smoke detector which have been reported in writing to the
6owner or the authorized agent of the owner.
7    (e) The requirements of this Section shall apply to any
8dwelling unit in existence on July 1, 1988, beginning on that
9date. Except as provided in subsections (f) and (g), the smoke
10detectors required in such dwelling units may be either
11battery powered or wired into the structure's AC power line,
12and need not be interconnected.
13    (f) In the case of any dwelling unit that is newly
14constructed, reconstructed, or substantially remodelled after
15December 31, 1987, the requirements of this Section shall
16apply beginning on the first day of occupancy of the dwelling
17unit after such construction, reconstruction or substantial
18remodelling. The smoke detectors required in such dwelling
19unit shall be permanently wired into the structure's AC power
20line, and if more than one detector is required to be installed
21within the dwelling unit, the detectors shall be wired so that
22the actuation of one detector will actuate all the detectors
23in the dwelling unit.
24    In the case of any dwelling unit that is newly
25constructed, reconstructed, or substantially remodeled on or
26after January 1, 2011, smoke detectors permanently wired into

 

 

HB0101- 31 -LRB102 04261 KTG 14279 b

1the structure's AC power line must also maintain an
2alternative back-up power source, which may be either a
3battery or batteries or an emergency generator.
4    (g) Every hotel shall be equipped with operational
5portable smoke-detecting alarm devices for the deaf, hard of
6hearing, and DeafBlind and hearing impaired of audible and
7visual design, available for units of occupancy.
8    Specialized smoke detectors smoke-detectors for the deaf,
9hard of hearing, and DeafBlind and hearing impaired shall be
10available upon request by guests in such hotels at a rate of at
11least one such smoke detector per 75 occupancy units or
12portions thereof, not to exceed 5 such smoke detectors per
13hotel. Incorporation or connection into an existing interior
14alarm system, so as to be capable of being activated by the
15system, may be utilized in lieu of the portable alarms.
16    Operators of any hotel shall post conspicuously at the
17main desk a permanent notice, in letters at least 3 inches in
18height, stating that smoke detector alarm devices for the deaf
19, hard of hearing, and DeafBlind and hearing impaired are
20available. The proprietor may require a refundable deposit for
21a portable smoke detector not to exceed the cost of the
22detector.
23    (g-5) A hotel, as defined in this Act, shall be
24responsible for installing and maintaining smoke detecting
25equipment.
26    (h) Compliance with an applicable federal, State, or local

 

 

HB0101- 32 -LRB102 04261 KTG 14279 b

1law or building code which requires the installation and
2maintenance of smoke detectors in a manner different from this
3Section, but providing a level of safety for occupants which
4is equal to or greater than that provided by this Section,
5shall be deemed to be in compliance with this Section, and the
6requirements of such more stringent law shall govern over the
7requirements of this Section.
8(Source: P.A. 96-1292, eff. 1-1-11; 97-447, eff. 1-1-12;
9revised 8-19-20.)
 
10    (Text of Section after amendment by P.A. 100-200)
11    Sec. 3. (a) Every dwelling unit or hotel shall be equipped
12with at least one approved smoke detector in an operating
13condition within 15 feet of every room used for sleeping
14purposes. The detector shall be installed on the ceiling and
15at least 6 inches from any wall, or on a wall located between 4
16and 6 inches from the ceiling.
17    (b) Every single family residence shall have at least one
18approved smoke detector installed on every story of the
19dwelling unit, including basements but not including
20unoccupied attics. In dwelling units with split levels, a
21smoke detector installed on the upper level shall suffice for
22the adjacent lower level if the lower level is less than one
23full story below the upper level; however, if there is an
24intervening door between the adjacent levels, a smoke detector
25shall be installed on each level.

 

 

HB0101- 33 -LRB102 04261 KTG 14279 b

1    (c) Every structure which (1) contains more than one
2dwelling unit, or (2) contains at least one dwelling unit and
3is a mixed-use structure, shall contain at least one approved
4smoke detector at the uppermost ceiling of each interior
5stairwell. The detector shall be installed on the ceiling, at
6least 6 inches from the wall, or on a wall located between 4
7and 6 inches from the ceiling.
8    (d) It shall be the responsibility of the owner of a
9structure to supply and install all required detectors. The
10owner shall be responsible for making reasonable efforts to
11test and maintain detectors in common stairwells and hallways.
12It shall be the responsibility of a tenant to test and to
13provide general maintenance for the detectors within the
14tenant's dwelling unit or rooming unit, and to notify the
15owner or the authorized agent of the owner in writing of any
16deficiencies which the tenant cannot correct. The owner shall
17be responsible for providing one tenant per dwelling unit with
18written information regarding detector testing and
19maintenance.
20    The tenant shall be responsible for replacement of any
21required batteries in the smoke detectors in the tenant's
22dwelling unit, except that the owner shall ensure that such
23batteries are in operating condition at the time the tenant
24takes possession of the dwelling unit. The tenant shall
25provide the owner or the authorized agent of the owner with
26access to the dwelling unit to correct any deficiencies in the

 

 

HB0101- 34 -LRB102 04261 KTG 14279 b

1smoke detector which have been reported in writing to the
2owner or the authorized agent of the owner.
3    (e) The requirements of this Section shall apply to any
4dwelling unit in existence on July 1, 1988, beginning on that
5date. Except as provided in subsections (f) and (g), the smoke
6detectors required in such dwelling units may be either:
7battery powered provided the battery is a self-contained,
8non-removable, long-term long term battery, or wired into the
9structure's AC power line, and need not be interconnected.
10        (1) The battery requirements of this Section shall
11    apply to battery-powered battery powered smoke detectors
12    that: (A) are in existence and exceed 10 years from the
13    date of their being manufactured; (B) fail fails to
14    respond to operability tests or otherwise malfunction
15    malfunctions; or (C) are newly installed.
16        (2) The battery requirements of this Section do not
17    apply to: (A) a fire alarm, smoke detector, smoke alarm,
18    or ancillary component that is electronically connected as
19    a part of a centrally monitored or supervised alarm
20    system; (B) a fire alarm, smoke detector, smoke alarm, or
21    ancillary component that uses: (i) a low-power radio
22    frequency wireless communication signal, or (ii) Wi-Fi or
23    other wireless Local Area Networking capability to send
24    and receive notifications to and from the Internet, such
25    as early low battery warnings before the device reaches a
26    critical low power level; or (C) such other devices as the

 

 

HB0101- 35 -LRB102 04261 KTG 14279 b

1    State Fire Marshal shall designate through its regulatory
2    process.
3    (f) In the case of any dwelling unit that is newly
4constructed, reconstructed, or substantially remodelled after
5December 31, 1987, the requirements of this Section shall
6apply beginning on the first day of occupancy of the dwelling
7unit after such construction, reconstruction or substantial
8remodelling. The smoke detectors required in such dwelling
9unit shall be permanently wired into the structure's AC power
10line, and if more than one detector is required to be installed
11within the dwelling unit, the detectors shall be wired so that
12the actuation of one detector will actuate all the detectors
13in the dwelling unit.
14    In the case of any dwelling unit that is newly
15constructed, reconstructed, or substantially remodeled on or
16after January 1, 2011, smoke detectors permanently wired into
17the structure's AC power line must also maintain an
18alternative back-up power source, which may be either a
19battery or batteries or an emergency generator.
20    (g) Every hotel shall be equipped with operational
21portable smoke-detecting alarm devices for the deaf, hard of
22hearing, and DeafBlind and hearing impaired of audible and
23visual design, available for units of occupancy.
24    Specialized smoke detectors smoke-detectors for the deaf,
25hard of hearing, and DeafBlind and hearing impaired shall be
26available upon request by guests in such hotels at a rate of at

 

 

HB0101- 36 -LRB102 04261 KTG 14279 b

1least one such smoke detector per 75 occupancy units or
2portions thereof, not to exceed 5 such smoke detectors per
3hotel. Incorporation or connection into an existing interior
4alarm system, so as to be capable of being activated by the
5system, may be utilized in lieu of the portable alarms.
6    Operators of any hotel shall post conspicuously at the
7main desk a permanent notice, in letters at least 3 inches in
8height, stating that smoke detector alarm devices for the
9deaf, hard of hearing, and DeafBlind and hearing impaired are
10available. The proprietor may require a refundable deposit for
11a portable smoke detector not to exceed the cost of the
12detector.
13    (g-5) A hotel, as defined in this Act, shall be
14responsible for installing and maintaining smoke detecting
15equipment.
16    (h) Compliance with an applicable federal, State, or local
17law or building code which requires the installation and
18maintenance of smoke detectors in a manner different from this
19Section, but providing a level of safety for occupants which
20is equal to or greater than that provided by this Section,
21shall be deemed to be in compliance with this Section, and the
22requirements of such more stringent law shall govern over the
23requirements of this Section.
24    (i) The requirements of this Section shall not apply to
25dwelling units and hotels within municipalities with a
26population over 1,000,000 inhabitants.

 

 

HB0101- 37 -LRB102 04261 KTG 14279 b

1(Source: P.A. 100-200, eff. 1-1-23; revised 8-19-20.)
 
2    Section 30. The Animal Control Act is amended by changing
3Sections 15 and 15.1 as follows:
 
4    (510 ILCS 5/15)  (from Ch. 8, par. 365)
5    Sec. 15. (a) In order to have a dog deemed "vicious", the
6Administrator, Deputy Administrator, or law enforcement
7officer must give notice of the infraction that is the basis of
8the investigation to the owner, conduct a thorough
9investigation, interview any witnesses, including the owner,
10gather any existing medical records, veterinary medical
11records or behavioral evidence, and make a detailed report
12recommending a finding that the dog is a vicious dog and give
13the report to the State's Attorney's Office and the owner. The
14Administrator, State's Attorney, Director or any citizen of
15the county in which the dog exists may file a complaint in the
16circuit court in the name of the People of the State of
17Illinois to deem a dog to be a vicious dog. Testimony of a
18certified applied behaviorist, a board certified veterinary
19behaviorist, or another recognized expert may be relevant to
20the court's determination of whether the dog's behavior was
21justified. The petitioner must prove the dog is a vicious dog
22by clear and convincing evidence. The Administrator shall
23determine where the animal shall be confined during the
24pendency of the case.

 

 

HB0101- 38 -LRB102 04261 KTG 14279 b

1    A dog may not be declared vicious if the court determines
2the conduct of the dog was justified because:
3        (1) the threat, injury, or death was sustained by a
4    person who at the time was committing a crime or offense
5    upon the owner or custodian of the dog, or was committing a
6    willful trespass or other tort upon the premises or
7    property owned or occupied by the owner of the animal;
8        (2) the injured, threatened, or killed person was
9    abusing, assaulting, or physically threatening the dog or
10    its offspring, or has in the past abused, assaulted, or
11    physically threatened the dog or its offspring; or
12        (3) the dog was responding to pain or injury, or was
13    protecting itself, its owner, custodian, or member of its
14    household, kennel, or offspring.
15    No dog shall be deemed "vicious" if it is a professionally
16trained dog for law enforcement or guard duties. Vicious dogs
17shall not be classified in a manner that is specific as to
18breed.
19    If the burden of proof has been met, the court shall deem
20the dog to be a vicious dog.
21    If a dog is found to be a vicious dog, the owner shall pay
22a $100 public safety fine to be deposited into the county
23animal control fund, the dog shall be spayed or neutered
24within 10 days of the finding at the expense of its owner and
25microchipped, if not already, and the dog is subject to
26enclosure. If an owner fails to comply with these

 

 

HB0101- 39 -LRB102 04261 KTG 14279 b

1requirements, the animal control agency shall impound the dog
2and the owner shall pay a $500 fine plus impoundment fees to
3the animal control agency impounding the dog. The judge has
4the discretion to order a vicious dog be euthanized. A dog
5found to be a vicious dog shall not be released to the owner
6until the Administrator, an Animal Control Warden, or the
7Director approves the enclosure. No owner or keeper of a
8vicious dog shall sell or give away the dog without approval
9from the Administrator or court. Whenever an owner of a
10vicious dog relocates, he or she shall notify both the
11Administrator of County Animal Control where he or she has
12relocated and the Administrator of County Animal Control where
13he or she formerly resided.
14    (b) It shall be unlawful for any person to keep or maintain
15any dog which has been found to be a vicious dog unless the dog
16is kept in an enclosure. The only times that a vicious dog may
17be allowed out of the enclosure are (1) if it is necessary for
18the owner or keeper to obtain veterinary care for the dog, (2)
19in the case of an emergency or natural disaster where the dog's
20life is threatened, or (3) to comply with the order of a court
21of competent jurisdiction, provided that the dog is securely
22muzzled and restrained with a leash not exceeding 6 feet in
23length, and shall be under the direct control and supervision
24of the owner or keeper of the dog or muzzled in its residence.
25    Any dog which has been found to be a vicious dog and which
26is not confined to an enclosure shall be impounded by the

 

 

HB0101- 40 -LRB102 04261 KTG 14279 b

1Administrator, an Animal Control Warden, or the law
2enforcement authority having jurisdiction in such area.
3    If the owner of the dog has not appealed the impoundment
4order to the circuit court in the county in which the animal
5was impounded within 15 working days, the dog may be
6euthanized.
7    Upon filing a notice of appeal, the order of euthanasia
8shall be automatically stayed pending the outcome of the
9appeal. The owner shall bear the burden of timely notification
10to animal control in writing.
11    Guide dogs for the blind, deaf, hard of hearing, or
12DeafBlind or hearing impaired, support dogs for persons with
13physical disabilities, accelerant detection dogs, and sentry,
14guard, or police-owned dogs are exempt from this Section;
15provided, an attack or injury to a person occurs while the dog
16is performing duties as expected. To qualify for exemption
17under this Section, each such dog shall be currently
18inoculated against rabies in accordance with Section 8 of this
19Act. It shall be the duty of the owner of such exempted dog to
20notify the Administrator of changes of address. In the case of
21a sentry or guard dog, the owner shall keep the Administrator
22advised of the location where such dog will be stationed. The
23Administrator shall provide police and fire departments with a
24categorized list of such exempted dogs, and shall promptly
25notify such departments of any address changes reported to
26him.

 

 

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1    (c) If the animal control agency has custody of the dog,
2the agency may file a petition with the court requesting that
3the owner be ordered to post security. The security must be in
4an amount sufficient to secure payment of all reasonable
5expenses expected to be incurred by the animal control agency
6or animal shelter in caring for and providing for the dog
7pending the determination. Reasonable expenses include, but
8are not limited to, estimated medical care and boarding of the
9animal for 30 days. If security has been posted in accordance
10with this Section, the animal control agency may draw from the
11security the actual costs incurred by the agency in caring for
12the dog.
13    (d) Upon receipt of a petition, the court must set a
14hearing on the petition, to be conducted within 5 business
15days after the petition is filed. The petitioner must serve a
16true copy of the petition upon the defendant.
17    (e) If the court orders the posting of security, the
18security must be posted with the clerk of the court within 5
19business days after the hearing. If the person ordered to post
20security does not do so, the dog is forfeited by operation of
21law and the animal control agency must dispose of the animal
22through adoption or humane euthanization.
23(Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16;
24100-787, eff. 8-10-18.)
 
25    (510 ILCS 5/15.1)

 

 

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1    Sec. 15.1. Dangerous dog determination.
2    (a) After a thorough investigation including: sending,
3within 10 business days of the Administrator or Director
4becoming aware of the alleged infraction, notifications to the
5owner of the alleged infractions, the fact of the initiation
6of an investigation, and affording the owner an opportunity to
7meet with the Administrator or Director prior to the making of
8a determination; gathering of any medical or veterinary
9evidence; interviewing witnesses; and making a detailed
10written report, an animal control warden, deputy
11administrator, or law enforcement agent may ask the
12Administrator, or his or her designee, or the Director, to
13deem a dog to be "dangerous". No dog shall be deemed a
14"dangerous dog" unless shown to be a dangerous dog by a
15preponderance of evidence. The owner shall be sent immediate
16notification of the determination by registered or certified
17mail that includes a complete description of the appeal
18process.
19    (b) A dog shall not be declared dangerous if the
20Administrator, or his or her designee, or the Director
21determines the conduct of the dog was justified because:
22        (1) the threat was sustained by a person who at the
23    time was committing a crime or offense upon the owner or
24    custodian of the dog or was committing a willful trespass
25    or other tort upon the premises or property occupied by
26    the owner of the animal;

 

 

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1        (2) the threatened person was abusing, assaulting, or
2    physically threatening the dog or its offspring;
3        (3) the injured, threatened, or killed companion
4    animal was attacking or threatening to attack the dog or
5    its offspring; or
6        (4) the dog was responding to pain or injury or was
7    protecting itself, its owner, custodian, or a member of
8    its household, kennel, or offspring.
9    (c) Testimony of a certified applied behaviorist, a board
10certified veterinary behaviorist, or another recognized expert
11may be relevant to the determination of whether the dog's
12behavior was justified pursuant to the provisions of this
13Section.
14    (d) If deemed dangerous, the Administrator, or his or her
15designee, or the Director shall order (i) the dog's owner to
16pay a $50 public safety fine to be deposited into the county
17animal control fund, (ii) the dog to be spayed or neutered
18within 14 days at the owner's expense and microchipped, if not
19already, and (iii) one or more of the following as deemed
20appropriate under the circumstances and necessary for the
21protection of the public:
22        (1) evaluation of the dog by a certified applied
23    behaviorist, a board certified veterinary behaviorist, or
24    another recognized expert in the field and completion of
25    training or other treatment as deemed appropriate by the
26    expert. The owner of the dog shall be responsible for all

 

 

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1    costs associated with evaluations and training ordered
2    under this subsection; or
3        (2) direct supervision by an adult 18 years of age or
4    older whenever the animal is on public premises.
5    (e) The Administrator may order a dangerous dog to be
6muzzled whenever it is on public premises in a manner that will
7prevent it from biting any person or animal, but that shall not
8injure the dog or interfere with its vision or respiration.
9    (f) Guide dogs for the blind, deaf, hard of hearing, or
10DeafBlind or hearing impaired, support dogs for persons with a
11physical disability, and sentry, guard, or police-owned dogs
12are exempt from this Section; provided, an attack or injury to
13a person occurs while the dog is performing duties as
14expected. To qualify for exemption under this Section, each
15such dog shall be currently inoculated against rabies in
16accordance with Section 8 of this Act and performing duties as
17expected. It shall be the duty of the owner of the exempted dog
18to notify the Administrator of changes of address. In the case
19of a sentry or guard dog, the owner shall keep the
20Administrator advised of the location where such dog will be
21stationed. The Administrator shall provide police and fire
22departments with a categorized list of the exempted dogs, and
23shall promptly notify the departments of any address changes
24reported to him or her.
25    (g) An animal control agency has the right to impound a
26dangerous dog if the owner fails to comply with the

 

 

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1requirements of this Act.
2(Source: P.A. 99-143, eff. 7-27-15; 100-787, eff. 8-10-18.)
 
3    Section 35. The Humane Care for Animals Act is amended by
4changing Section 7.15 as follows:
 
5    (510 ILCS 70/7.15)
6    Sec. 7.15. Guide, hearing, and support dogs.
7    (a) A person may not willfully and maliciously annoy,
8taunt, tease, harass, torment, beat, or strike a guide,
9hearing, or support dog or otherwise engage in any conduct
10directed toward a guide, hearing, or support dog that is
11likely to impede or interfere with the dog's performance of
12its duties or that places the blind, deaf, hard of hearing,
13DeafBlind, hearing impaired, or person with a physical
14disability being served or assisted by the dog in danger of
15injury.
16    (b) A person may not willfully and maliciously torture,
17injure, or kill a guide, hearing, or support dog.
18    (c) A person may not willfully and maliciously permit a
19dog that is owned, harbored, or controlled by the person to
20cause injury to or the death of a guide, hearing, or support
21dog while the guide, hearing, or support dog is in discharge of
22its duties.
23    (d) A person convicted of violating this Section is guilty
24of a Class A misdemeanor. A second or subsequent violation is a

 

 

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1Class 4 felony. A person convicted of violating subsection (b)
2or (c) of this Section is guilty of a Class 4 felony if the dog
3is killed or totally disabled, and may be ordered by the court
4to make restitution to the person with a disability having
5custody or ownership of the dog for veterinary bills and
6replacement costs of the dog.
7(Source: P.A. 99-143, eff. 7-27-15.)
 
8    Section 40. The Illinois Human Rights Act is amended by
9changing Section 8-102 as follows:
 
10    (775 ILCS 5/8-102)  (from Ch. 68, par. 8-102)
11    Sec. 8-102. Powers and duties. In addition to the other
12powers and duties prescribed in this Act, the Commission shall
13have the following powers and duties:
14        (A) Meetings. To meet and function at any place within
15    the State.
16        (B) Offices. To establish and maintain offices in
17    Springfield and Chicago.
18        (C) Employees. To select and fix the compensation of
19    such technical advisors and employees as it may deem
20    necessary pursuant to the provisions of the Personnel
21    Code.
22        (D) Hearing Officers. To select and fix the
23    compensation of hearing officers who shall be attorneys
24    duly licensed to practice law in this State and full-time

 

 

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1    employees of the Commission.
2        A formal and unbiased training program for hearing
3    officers shall be implemented. The training program shall
4    include the following:
5            (1) substantive and procedural aspects of the
6        hearing officer position;
7            (2) current issues in human rights law and
8        practice;
9            (3) lectures by specialists in substantive areas
10        related to human rights matters;
11            (4) orientation to each operational unit of the
12        Department and Commission;
13            (5) observation of experienced hearing officers
14        conducting hearings of cases, combined with the
15        opportunity to discuss evidence presented and rulings
16        made;
17            (6) the use of hypothetical cases requiring the
18        hearing officer to issue judgments as a means to
19        evaluating knowledge and writing ability;
20            (7) writing skills;
21            (8) computer skills, including, but not limited
22        to, word processing and document management.
23        A formal, unbiased and ongoing professional
24    development program including, but not limited to, the
25    above-noted areas shall be implemented to keep hearing
26    officers informed of recent developments and issues and to

 

 

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1    assist them in maintaining and enhancing their
2    professional competence.
3        (E) Rules and Regulations. To adopt, promulgate,
4    amend, and rescind rules and regulations not inconsistent
5    with the provisions of this Act pursuant to the Illinois
6    Administrative Procedure Act.
7        (F) Compulsory Process. To issue and authorize
8    requests for enforcement of subpoenas and other compulsory
9    process established by this Act.
10        (G) Decisions. Through a panel of 3 members designated
11    by the Chairperson on a random basis, to hear and decide by
12    majority vote complaints filed in conformity with this Act
13    and to approve proposed settlements. Decisions by
14    commissioners must be based strictly on neutral
15    interpretations of the law and the facts.
16        (H) Rehearings. To order, by a vote of 3 members,
17    rehearing of its decisions by the entire Commission in
18    conformity with this Act.
19        (I) Judicial Enforcement. To authorize requests for
20    judicial enforcement of its orders in conformity with this
21    Act.
22        (J) Opinions. To publish each decision within 180 days
23    of the decision to assure a consistent source of
24    precedent. Published decisions shall be subject to the
25    Personal Information Protection Act.
26        (K) Public Grants; Private Gifts. To accept public

 

 

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1    grants and private gifts as may be authorized.
2        (L) Interpreters. To appoint at the expense of the
3    Commission a qualified sign language interpreter whenever
4    a deaf, hard of hearing, or DeafBlind hearing impaired
5    person is a party or witness at a public hearing.
6        (M) Automated Processing Plan. To prepare an
7    electronic data processing and telecommunications plan
8    jointly with the Department in accordance with Section
9    7-112.
10    The provisions of Public Act 89-370 amending subsection
11(G) of this Section apply to causes of action filed on or after
12January 1, 1996.
13(Source: P.A. 100-1066, eff. 8-24-18; 101-81, eff. 7-12-19.)
 
14    Section 45. The White Cane Law is amended by changing
15Section 3 as follows:
 
16    (775 ILCS 30/3)  (from Ch. 23, par. 3363)
17    Sec. 3. The blind, persons who have a visual disability,
18the deaf, hard of hearing, and DeafBlind hearing impaired,
19persons who are subject to epilepsy or other seizure
20disorders, and persons who have other physical disabilities
21have the same right as the able-bodied to the full and free use
22of the streets, highways, sidewalks, walkways, public
23buildings, public facilities and other public places.
24    The blind, persons who have a visual disability, the deaf,

 

 

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1hard of hearing, and DeafBlind hearing impaired, persons who
2are subject to epilepsy or other seizure disorders, and
3persons who have other physical disabilities are entitled to
4full and equal accommodations, advantages, facilities and
5privileges of all common carriers, airplanes, motor vehicles,
6railroad trains, motor buses, street cars, boats or any other
7public conveyances or modes of transportation, hotels, lodging
8places, places of public accommodation, amusement or resort
9and other places to which the general public is invited,
10subject only to the conditions and limitations established by
11law and applicable alike to all persons.
12    Every totally or partially blind, deaf, hard of hearing,
13or DeafBlind or hearing impaired person, person who is subject
14to epilepsy or other seizure disorders, or person who has any
15other physical disability or a trainer of support dogs, guide
16dogs, seizure-alert dogs, seizure-response dogs, or hearing
17dogs shall have the right to be accompanied by a support dog or
18guide dog especially trained for the purpose, or a dog that is
19being trained to be a support dog, guide dog, seizure-alert
20dog, seizure-response dog, or hearing dog, in any of the
21places listed in this Section without being required to pay an
22extra charge for the guide, support, seizure-alert,
23seizure-response, or hearing dog; provided that he shall be
24liable for any damage done to the premises or facilities by
25such dog.
26(Source: P.A. 99-143, eff. 7-27-15.)
 

 

 

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1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.