|
| | 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 |
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Amends the Emergency Telephone System Act, the School Code, the Public Utilities Act, the Smoke Detector Act, and other Acts by replacing all references to "hearing impaired" with "deaf, hard of hearing, and DeafBlind". Amends the Statutes in Statutes. Defines "DeafBlind". Provides that, except where the context indicates otherwise, in any rule, contract, or other document a reference to the term "hearing impaired" shall be considered a reference to the term "deaf" or "hard of hearing". Effective immediately.
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| | A BILL FOR |
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| | HB0101 | | LRB102 04261 KTG 14279 b |
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1 | | AN ACT concerning persons who are deaf, hard of hearing, |
2 | | or
DeafBlind.
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3 | | Be it enacted by the People of the State of Illinois,
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4 | | represented in the General Assembly:
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5 | | Section 5. The Statute on Statutes is amended by adding |
6 | | Sections 1.43 and 1.44 as follows: |
7 | | (5 ILCS 70/1.43 new) |
8 | | Sec. 1.43. Hearing impaired. Except where the context |
9 | | indicates otherwise, in any rule, contract, or other document |
10 | | a reference to the term "hearing impaired" shall be considered |
11 | | a reference to the term "deaf" or "hard of hearing". The use of |
12 | | either "hearing impaired", "deaf", or "hard of hearing" shall |
13 | | not 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 |
16 | | be born without significant use of visual and auditory senses |
17 | | or may experience progressive loss of both senses over a |
18 | | period of a lifetime. A DeafBlind person may use touch as his |
19 | | or her primary sense in order to engage with his or her |
20 | | physical and social environment. A DeafBlind person's touch |
21 | | senses may be enhanced through the use of low-tech and |
22 | | high-tech solutions such as white canes, braille, and |
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1 | | electronics, also known as adaptive technologies. |
2 | | Communication may involve spoken, written, signed, and touch |
3 | | languages. Services may include intervenors for educational |
4 | | development, support service providers for access to |
5 | | non-touch-accessible interactions, and tactile interpreting, |
6 | | as well as transitional services for those experiencing |
7 | | progressive loss. |
8 | | Section 10. The Emergency Telephone System Act is amended |
9 | | by changing Sections 2 and 6.1 as follows:
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10 | | (50 ILCS 750/2) (from Ch. 134, par. 32)
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11 | | (Section scheduled to be repealed on December 31, 2021)
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12 | | Sec. 2. Definitions. As used in this Act, unless the |
13 | | context otherwise requires: |
14 | | "9-1-1 network" means the network used for the delivery of |
15 | | 9-1-1 calls and messages over dedicated and redundant |
16 | | facilities to a primary or backup 9-1-1 PSAP that meets P.01 |
17 | | grade of service standards for basic 9-1-1 and enhanced 9-1-1 |
18 | | services or meets national I3 industry call delivery standards |
19 | | for Next Generation 9-1-1 services. |
20 | | "9-1-1 system" means the geographic area that has been |
21 | | granted an order of authority by the Commission or the |
22 | | Statewide 9-1-1 Administrator to use "9-1-1" as the primary |
23 | | emergency telephone number. |
24 | | "9-1-1 Authority" includes an Emergency Telephone System |
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1 | | Board, Joint Emergency Telephone System Board, and a qualified |
2 | | governmental entity. "9-1-1 Authority" includes the Department |
3 | | of State Police only to the extent it provides 9-1-1 services |
4 | | under this Act. |
5 | | "Administrator" means the Statewide 9-1-1 Administrator. |
6 | | "Advanced service" means any telecommunications service |
7 | | with or without dynamic bandwidth allocation, including, but |
8 | | not limited to, ISDN Primary Rate Interface (PRI), that, |
9 | | through the use of a DS-1, T-1, or other un-channelized or |
10 | | multi-channel transmission facility, is capable of |
11 | | transporting either the subscriber's inter-premises voice |
12 | | telecommunications services to the public switched network or |
13 | | the subscriber's 9-1-1 calls to the public agency. |
14 | | "ALI" or "automatic location identification" means, in an |
15 | | E9-1-1 system, the automatic display at the public safety |
16 | | answering point of the caller's telephone number, the address |
17 | | or location of the telephone, and supplementary emergency |
18 | | services information. |
19 | | "ANI" or "automatic number identification" means the |
20 | | automatic display of the 9-1-1 calling party's number on the |
21 | | PSAP monitor. |
22 | | "Automatic alarm" and "automatic alerting device" mean any |
23 | | device that will access the 9-1-1 system for emergency |
24 | | services upon activation. |
25 | | "Backup PSAP" means a public safety answering point that |
26 | | serves as an alternate to the PSAP for enhanced systems and is |
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1 | | at a different location and operates independently from the |
2 | | PSAP. A backup PSAP may accept overflow calls from the PSAP or |
3 | | be activated if the primary PSAP is disabled. |
4 | | "Board" means an Emergency Telephone System Board or a |
5 | | Joint Emergency Telephone System Board created pursuant to |
6 | | Section 15.4. |
7 | | "Carrier" includes a telecommunications carrier and a |
8 | | wireless carrier. |
9 | | "Commission" means the Illinois Commerce Commission. |
10 | | "Computer aided dispatch" or "CAD" means a computer-based |
11 | | system that aids PSAP telecommunicators by automating selected |
12 | | dispatching and recordkeeping activities. |
13 | | "Direct dispatch method" means a 9-1-1 service that |
14 | | provides for the direct dispatch by a PSAP telecommunicator of |
15 | | the appropriate unit upon receipt of an emergency call and the |
16 | | decision 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 |
19 | | transmission facility" means a facility that can transmit and |
20 | | receive a bit rate of at least 1.544 megabits per second |
21 | | (Mbps). |
22 | | "Dynamic bandwidth allocation" means the ability of the |
23 | | facility or customer to drop and add channels, or adjust |
24 | | bandwidth, when needed in real time for voice or data |
25 | | purposes. |
26 | | "Enhanced 9-1-1" or "E9-1-1" means a telephone system that |
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1 | | includes network switching, database and PSAP premise elements |
2 | | capable of providing automatic location identification data, |
3 | | selective routing, selective transfer, fixed transfer, and a |
4 | | call back number, including any enhanced 9-1-1 service so |
5 | | designated by the Federal Communications Commission in its |
6 | | report and order in WC Dockets Nos. 04-36 and 05-196, or any |
7 | | successor proceeding. |
8 | | "ETSB" means an emergency telephone system board appointed |
9 | | by the corporate authorities of any county or municipality |
10 | | that provides for the management and operation of a 9-1-1 |
11 | | system. |
12 | | " Deaf, hard of hearing, or DeafBlind Hearing-impaired |
13 | | individual" means a person with a permanent hearing loss who |
14 | | can regularly and routinely communicate by telephone only |
15 | | through the aid of devices which can send and receive written |
16 | | messages over the telephone network. |
17 | | "Hosted supplemental 9-1-1 service" means a database |
18 | | service 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 |
21 | | term under Section 13-235 of the Public Utilities Act. |
22 | | "Joint ETSB" means a Joint Emergency Telephone System |
23 | | Board established by intergovernmental agreement of two or |
24 | | more municipalities or counties, or a combination thereof, to |
25 | | provide 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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1 | | or special purpose district located in whole or in part within |
2 | | this State that provides or has authority to provide |
3 | | firefighting, police, ambulance, medical, or other emergency |
4 | | services. |
5 | | "Mechanical dialer" means any device that either manually |
6 | | or remotely triggers a dialing device to access the 9-1-1 |
7 | | system. |
8 | | "Master Street Address Guide" or "MSAG" is a database of |
9 | | street names and house ranges within their associated |
10 | | communities defining emergency service zones (ESZs) and their |
11 | | associated emergency service numbers (ESNs) to enable proper |
12 | | routing of 9-1-1 calls. |
13 | | "Mobile telephone number" or "MTN" means the telephone |
14 | | number assigned to a wireless telephone at the time of initial |
15 | | activation. |
16 | | "Network connections" means the number of voice grade |
17 | | communications channels directly between a subscriber and a |
18 | | telecommunications carrier's public switched network, without |
19 | | the intervention of any other telecommunications carrier's |
20 | | switched network, which would be required to carry the |
21 | | subscriber's inter-premises traffic and which connection |
22 | | either (1) is capable of providing access through the public |
23 | | switched network to a 9-1-1 Emergency Telephone System, if one |
24 | | exists, or (2) if no system exists at the time a surcharge is |
25 | | imposed under Section 15.3, that would be capable of providing |
26 | | access through the public switched network to the local 9-1-1 |
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1 | | Emergency Telephone System if one existed. Where multiple |
2 | | voice grade communications channels are connected to a |
3 | | telecommunications carrier's public switched network through a |
4 | | private branch exchange (PBX) service, there shall be |
5 | | determined to be one network connection for each trunk line |
6 | | capable of transporting either the subscriber's inter-premises |
7 | | traffic to the public switched network or the subscriber's |
8 | | 9-1-1 calls to the public agency. Where multiple voice grade |
9 | | communications channels are connected to a telecommunications |
10 | | carrier's public switched network through centrex type |
11 | | service, the number of network connections shall be equal to |
12 | | the number of PBX trunk equivalents for the subscriber's |
13 | | service or other multiple voice grade communication channels |
14 | | facility, as determined by reference to any generally |
15 | | applicable exchange access service tariff filed by the |
16 | | subscriber's telecommunications carrier with the Commission. |
17 | | "Network costs" means those recurring costs that directly |
18 | | relate to the operation of the 9-1-1 network as determined by |
19 | | the Statewide 9-1-1 Administrator with the advice of the |
20 | | Statewide 9-1-1 Advisory Board, which may include, but need |
21 | | not be limited to, some or all of the following: costs for |
22 | | interoffice trunks, selective routing charges, transfer lines |
23 | | and toll charges for 9-1-1 services, Automatic Location |
24 | | Information (ALI) database charges, independent local exchange |
25 | | carrier charges and non-system provider charges, carrier |
26 | | charges for third party database for on-site customer premises |
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1 | | equipment, back-up PSAP trunks for non-system providers, |
2 | | periodic database updates as provided by carrier (also known |
3 | | as "ALI data dump"), regional ALI storage charges, circuits |
4 | | for call delivery (fiber or circuit connection), NG9-1-1 |
5 | | costs, and all associated fees, taxes, and surcharges on each |
6 | | invoice. "Network costs" shall not include radio circuits or |
7 | | toll charges that are other than for 9-1-1 services. |
8 | | "Next generation 9-1-1" or "NG9-1-1" means an Internet |
9 | | Protocol-based (IP-based) system comprised of managed ESInets, |
10 | | functional elements and applications, and databases that |
11 | | replicate traditional E9-1-1 features and functions and |
12 | | provide additional capabilities. "NG9-1-1" systems are |
13 | | designed to provide access to emergency services from all |
14 | | connected communications sources, and provide multimedia data |
15 | | capabilities for PSAPs and other emergency services |
16 | | organizations. |
17 | | "NG9-1-1 costs" means those recurring costs that directly |
18 | | relate to the Next Generation 9-1-1 service as determined by |
19 | | the Statewide 9-1-1 Advisory Board, including, but not limited |
20 | | to, costs for Emergency System Routing Proxy (ESRP), Emergency |
21 | | Call Routing Function/Location Validation Function (ECRF/LVF), |
22 | | Spatial Information Function (SIF), the Border Control |
23 | | Function (BCF), and the Emergency Services Internet Protocol |
24 | | networks (ESInets), legacy network gateways, and all |
25 | | associated fees, taxes, and surcharges on each invoice. |
26 | | "Private branch exchange" or "PBX" means a private |
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1 | | telephone system and associated equipment located on the |
2 | | user's property that provides communications between internal |
3 | | stations and external networks. |
4 | | "Private business switch service" means network and |
5 | | premises based systems including a VoIP, Centrex type service, |
6 | | or PBX service, even though key telephone systems or |
7 | | equivalent telephone systems registered with the Federal |
8 | | Communications Commission under 47 C.F.R. Part 68 are directly |
9 | | connected to Centrex type and PBX systems. "Private business |
10 | | switch service" does not include key telephone systems or |
11 | | equivalent telephone systems registered with the Federal |
12 | | Communications Commission under 47 C.F.R. Part 68 when not |
13 | | used in conjunction with a VoIP, Centrex type, or PBX systems. |
14 | | "Private business switch service" typically includes, but is |
15 | | not limited to, private businesses, corporations, and |
16 | | industries where the telecommunications service is primarily |
17 | | for conducting business. |
18 | | "Private residential switch service" means network and |
19 | | premise based systems including a VoIP, Centrex type service, |
20 | | or PBX service or key telephone systems or equivalent |
21 | | telephone systems registered with the Federal Communications |
22 | | Commission under 47 C.F.R. Part 68 that are directly connected |
23 | | to a VoIP, Centrex type service, or PBX systems equipped for |
24 | | switched local network connections or 9-1-1 system access to |
25 | | residential end users through a private telephone switch. |
26 | | "Private residential switch service" does not include key |
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1 | | telephone systems or equivalent telephone systems registered |
2 | | with the Federal Communications Commission under 47 C.F.R. |
3 | | Part 68 when not used in conjunction with a VoIP, Centrex type, |
4 | | or PBX systems. "Private residential switch service" typically |
5 | | includes, but is not limited to, apartment complexes, |
6 | | condominiums, and campus or university environments where |
7 | | shared tenant service is provided and where the usage of the |
8 | | telecommunications service is primarily residential. |
9 | | "Public agency" means the State, and any unit of local |
10 | | government or special purpose district located in whole or in |
11 | | part within this State, that provides or has authority to |
12 | | provide firefighting, police, ambulance, medical, or other |
13 | | emergency services. |
14 | | "Public safety agency" means a functional division of a |
15 | | public agency that provides firefighting, police, medical, or |
16 | | other emergency services to respond to and manage emergency |
17 | | incidents. For the purpose of providing wireless service to |
18 | | users of 9-1-1 emergency services, as expressly provided for |
19 | | in this Act, the Department of State Police may be considered a |
20 | | public safety agency. |
21 | | "Public safety answering point" or "PSAP" is a set of |
22 | | call-takers authorized by a governing body and operating under |
23 | | common management that receive 9-1-1 calls and asynchronous |
24 | | event notifications for a defined geographic area and |
25 | | processes those calls and events according to a specified |
26 | | operational policy. |
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1 | | "Qualified governmental entity" means a unit of local |
2 | | government authorized to provide 9-1-1 services pursuant to |
3 | | this Act where no emergency telephone system board exists. |
4 | | "Referral method" means a 9-1-1 service in which the PSAP |
5 | | telecommunicator provides the calling party with the telephone |
6 | | number of the appropriate public safety agency or other |
7 | | provider of emergency services. |
8 | | "Regular service" means any telecommunications service, |
9 | | other than advanced service, that is capable of transporting |
10 | | either the subscriber's inter-premises voice |
11 | | telecommunications services to the public switched network or |
12 | | the subscriber's 9-1-1 calls to the public agency. |
13 | | "Relay method" means a 9-1-1 service in which the PSAP |
14 | | telecommunicator takes the pertinent information from a caller |
15 | | and relays that information to the appropriate public safety |
16 | | agency or other provider of emergency services. |
17 | | "Remit period" means the billing period, one month in |
18 | | duration, for which a wireless carrier remits a surcharge and |
19 | | provides subscriber information by zip code to the Department, |
20 | | in accordance with Section 20 of this Act. |
21 | | "Secondary Answering Point" or "SAP" means a location, |
22 | | other than a PSAP, that is able to receive the voice, data, and |
23 | | call back number of E9-1-1 or NG9-1-1 emergency calls |
24 | | transferred from a PSAP and completes the call taking process |
25 | | by dispatching police, medical, fire, or other emergency |
26 | | responders. |
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1 | | "Statewide wireless emergency 9-1-1 system" means all |
2 | | areas of the State where an emergency telephone system board |
3 | | or, in the absence of an emergency telephone system board, a |
4 | | qualified governmental entity, has not declared its intention |
5 | | for one or more of its public safety answering points to serve |
6 | | as a primary wireless 9-1-1 public safety answering point for |
7 | | its jurisdiction. The operator of the statewide wireless |
8 | | emergency 9-1-1 system shall be the Department of State |
9 | | Police. |
10 | | "System" means the communications equipment and related |
11 | | software applications required to produce a response by the |
12 | | appropriate emergency public safety agency or other provider |
13 | | of emergency services as a result of an emergency call being |
14 | | placed to 9-1-1. |
15 | | "System provider" means the contracted entity providing |
16 | | 9-1-1 network and database services. |
17 | | "Telecommunications carrier" means those entities included |
18 | | within the definition specified in Section 13-202 of the |
19 | | Public Utilities Act, and includes those carriers acting as |
20 | | resellers of telecommunications services. "Telecommunications |
21 | | carrier" includes telephone systems operating as mutual |
22 | | concerns. "Telecommunications carrier" does not include a |
23 | | wireless carrier. |
24 | | "Telecommunications technology" means equipment that can |
25 | | send 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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1 | | telecommunicator receiving a call transfers that call to the |
2 | | appropriate public safety agency or other provider of |
3 | | emergency services. |
4 | | "Transmitting messages" shall have the meaning given to |
5 | | that term under Section 8-11-2 of the Illinois Municipal Code. |
6 | | "Trunk line" means a transmission path, or group of |
7 | | transmission paths, connecting a subscriber's PBX to a |
8 | | telecommunications carrier's public switched network. In the |
9 | | case of regular service, each voice grade communications |
10 | | channel or equivalent amount of bandwidth capable of |
11 | | transporting either the subscriber's inter-premises voice |
12 | | telecommunications services to the public switched network or |
13 | | the subscriber's 9-1-1 calls to the public agency shall be |
14 | | considered a trunk line, even if it is bundled with other |
15 | | channels or additional bandwidth. In the case of advanced |
16 | | service, each DS-1, T-1, or other un-channelized or |
17 | | multi-channel transmission facility that is capable of |
18 | | transporting either the subscriber's inter-premises voice |
19 | | telecommunications services to the public switched network or |
20 | | the subscriber's 9-1-1 calls to the public agency shall be |
21 | | considered a single trunk line, even if it contains multiple |
22 | | voice grade communications channels or otherwise supports 2 or |
23 | | more voice grade calls at a time; provided, however, that each |
24 | | additional increment of up to 24 voice grade channels of |
25 | | transmission capacity that is capable of transporting either |
26 | | the subscriber's inter-premises voice telecommunications |
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1 | | services to the public switched network or the subscriber's |
2 | | 9-1-1 calls to the public agency shall be considered an |
3 | | additional trunk line. |
4 | | "Unmanned backup PSAP" means a public safety answering |
5 | | point that serves as an alternate to the PSAP at an alternate |
6 | | location and is typically unmanned but can be activated if the |
7 | | primary PSAP is disabled. |
8 | | "Virtual answering point" or "VAP" means a temporary or |
9 | | nonpermanent location that is capable of receiving an |
10 | | emergency call, contains a fully functional worksite that is |
11 | | not bound to a specific location, but rather is portable and |
12 | | scalable, connecting emergency call takers or dispatchers to |
13 | | the work process, and is capable of completing the call |
14 | | dispatching process. |
15 | | "Voice-impaired individual" means a person with a |
16 | | permanent speech disability which precludes oral |
17 | | communication, who can regularly and routinely communicate by |
18 | | telephone only through the aid of devices which can send and |
19 | | receive written messages over the telephone network. |
20 | | "Wireless carrier" means a provider of two-way cellular, |
21 | | broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial |
22 | | Mobile Radio Service (CMRS), Wireless Communications Service |
23 | | (WCS), or other Commercial Mobile Radio Service (CMRS), as |
24 | | defined by the Federal Communications Commission, offering |
25 | | radio communications that may provide fixed, mobile, radio |
26 | | location, or satellite communication services to individuals |
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1 | | or businesses within its assigned spectrum block and |
2 | | geographical area or that offers real-time, two-way voice |
3 | | service that is interconnected with the public switched |
4 | | network, including a reseller of such service. |
5 | | "Wireless enhanced 9-1-1" means the ability to relay the |
6 | | telephone number of the originator of a 9-1-1 call and |
7 | | location information from any mobile handset or text telephone |
8 | | device accessing the wireless system to the designated |
9 | | wireless public safety answering point as set forth in the |
10 | | order of the Federal Communications Commission, FCC Docket No. |
11 | | 94-102, adopted June 12, 1996, with an effective date of |
12 | | October 1, 1996, and any subsequent amendment thereto. |
13 | | "Wireless public safety answering point" means the |
14 | | functional division of a 9-1-1 authority accepting wireless |
15 | | 9-1-1 calls. |
16 | | "Wireless subscriber" means an individual or entity to |
17 | | whom a wireless service account or number has been assigned by |
18 | | a wireless carrier, other than an account or number associated |
19 | | with prepaid wireless telecommunication service.
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20 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17 .)
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21 | | (50 ILCS 750/6.1) (from Ch. 134, par. 36.1)
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22 | | (Section scheduled to be repealed on December 31, 2021)
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23 | | Sec. 6.1.
Every 9-1-1 system shall be
readily accessible |
24 | | to deaf, hard of hearing, DeafBlind, hearing-impaired and |
25 | | voice-impaired individuals
through the use of |
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1 | | telecommunications technology for deaf, hard of hearing, |
2 | | DeafBlind, hearing-impaired and
speech-impaired individuals.
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3 | | (Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17 .)
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4 | | Section 15. The School Code is amended by changing |
5 | | Sections 2-3.83 and 14-11.02 as follows:
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6 | | (105 ILCS 5/2-3.83) (from Ch. 122, par. 2-3.83)
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7 | | Sec. 2-3.83. Individual transition plan model pilot |
8 | | program.
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9 | | (a) The General Assembly finds that transition services |
10 | | for special
education students in secondary schools are needed |
11 | | for the increasing numbers
of students exiting school |
12 | | programs. Therefore, to ensure coordinated and
timely delivery |
13 | | of services, the State shall establish a model pilot program |
14 | | to
provide such services. Local school districts, using joint |
15 | | agreements and
regional service delivery systems for special |
16 | | and vocational education
selected by the Governor's Planning |
17 | | Council on Developmental Disabilities,
shall have the primary |
18 | | responsibility to convene transition planning
meetings for |
19 | | these 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 |
10 | | be established
and administered by the Governor's Planning |
11 | | Council on Developmental
Disabilities in conjunction with the |
12 | | case coordination pilot projects
established by the Department |
13 | | of Human Services pursuant to Section 4.1 of the Community |
14 | | Services
Act, as amended.
|
15 | | (d) The model pilot program shall include the following |
16 | | features:
|
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, |
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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).
|
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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 |
4 | | Article, the
State Board of Education shall develop and |
5 | | operate or contract for the
operation of a service center for |
6 | | persons who are DeafBlind deaf-blind . For the
purpose of this |
7 | | Section, persons with DeafBlindness deaf-blindness are persons |
8 | | who have
both auditory and visual impairments, the combination |
9 | | of which causes such
severe communication and other |
10 | | developmental, educational, vocational and
rehabilitation |
11 | | problems that such persons cannot be properly accommodated
in |
12 | | special education or vocational rehabilitation programs solely |
13 | | for
persons with both hearing and visual disabilities.
|
14 | | To be eligible for DeafBlind deaf-blind services, a person |
15 | | must have (i) a visual
impairment and an auditory impairment, |
16 | | or (ii) a condition in which there
is a progressive loss of |
17 | | hearing or vision or both that results in
concomitant vision |
18 | | and hearing impairments and that adversely affects
educational |
19 | | performance as determined by the multidisciplinary conference.
|
20 | | For 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 |
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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, |
13 | | maintain
and operate or contract for the operation of a |
14 | | permanent state-wide
service center known as the Philip J. |
15 | | Rock Center and School. The School
serves eligible children |
16 | | between the ages of 3 and 21; the Center serves
eligible |
17 | | persons of all ages. Services provided by the Center
include, |
18 | | but 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;
|
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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 |
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1 | | between the ages of 14 1/2 and 21.
|
2 | | The Advisory Board for Services for Persons who are |
3 | | DeafBlind Deaf-Blind shall
provide advice to the State |
4 | | Superintendent of Education, the Governor, and
the General |
5 | | Assembly on all matters pertaining to policy concerning |
6 | | persons
who are DeafBlind deaf-blind , including the |
7 | | implementation of legislation enacted on
their behalf.
|
8 | | Regarding the maintenance, operation and education |
9 | | functions of the
Philip J. Rock Center and School, the |
10 | | Advisory Board shall also make
recommendations pertaining to |
11 | | but 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 |
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1 | | preservice
and inservice.
|
2 | | The Advisory Board shall consist of 3 persons appointed by |
3 | | the Governor; 2
persons appointed by the State Superintendent |
4 | | of Education; 4 persons
appointed by the Secretary of Human |
5 | | Services; and 2 persons appointed by the Director of Children
|
6 | | and Family Services. The 3 appointments of the Governor shall |
7 | | consist
of a senior citizen 60 years of age or older, a |
8 | | consumer who is DeafBlind deaf-blind ,
and a parent of a person |
9 | | who is DeafBlind deaf-blind ; provided that if any
|
10 | | gubernatorial appointee serving on the Advisory Board on the |
11 | | effective date
of this amendatory Act of 1991 is not either a |
12 | | senior citizen 60 years of
age or older or a consumer who is |
13 | | DeafBlind deaf-blind or a parent of a person who is
DeafBlind |
14 | | deaf-blind , then whenever that appointee's term of office |
15 | | expires or a
vacancy in that appointee's office sooner occurs, |
16 | | the Governor shall make
the appointment to fill that office or |
17 | | vacancy in a manner that will
result, at the earliest possible |
18 | | time, in the Governor's appointments to
the Advisory Board |
19 | | being comprised of one senior citizen 60 years of age or
older, |
20 | | one consumer who is DeafBlind deaf-blind , and one parent of a |
21 | | person who is
DeafBlind deaf-blind . One person designated by |
22 | | each agency other than the Department
of Human Services may be |
23 | | an employee of that agency. Two persons
appointed by the |
24 | | Secretary of Human Services may be employees of the Department
|
25 | | of Human Services. The appointments
of each appointing |
26 | | authority other than the
Governor shall include at least one |
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1 | | parent of an individual who is
DeafBlind deaf-blind or a |
2 | | person who is DeafBlind deaf-blind .
|
3 | | Vacancies in terms shall be filled by the original |
4 | | appointing authority.
After the original terms, all terms |
5 | | shall be for 3 years.
|
6 | | Except for those members of the Advisory Board who are |
7 | | compensated
for State service on a full-time basis, members |
8 | | shall be reimbursed for
all actual expenses incurred in the |
9 | | performance of their duties. Each
member who is not |
10 | | compensated for State service on a full-time basis
shall be |
11 | | compensated at a rate of $50 per day which he spends on |
12 | | Advisory
Board duties. The Advisory Board shall meet at least |
13 | | 4 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 |
16 | | quorum. The
affirmative vote of a majority of all members of |
17 | | the Advisory Board
shall be necessary for any action taken by |
18 | | the Advisory Board.
|
19 | | (Source: P.A. 88-670, eff. 12-2-94; 89-397, eff. 8-20-95; |
20 | | 89-507, eff.
7-1-97.)
|
21 | | Section 20. The Public Utilities Act is amended by |
22 | | changing 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)
|
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1 | | Sec. 13-213.
"Hearing-aid compatible telephone" means a |
2 | | telephone so
equipped that it can activate an inductive |
3 | | coupling hearing-aid or which
will provide an alternative |
4 | | technology that provides equally effective
telephone service |
5 | | and which will provide equipment necessary for the
deaf, hard |
6 | | of hearing, and DeafBlind hearing impaired to use generally |
7 | | available telecommunications services
effectively or without |
8 | | assistance.
|
9 | | (Source: P.A. 100-20, eff. 7-1-17 .)
|
10 | | Section 25. The Smoke Detector Act is amended by changing |
11 | | Section 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 |
15 | | with at least one
approved smoke detector in an operating |
16 | | condition within 15 feet of every room
used for sleeping |
17 | | purposes. The detector shall be installed on the ceiling
and |
18 | | at least 6 inches from any wall, or on a wall located between 4 |
19 | | and 6
inches from the ceiling.
|
20 | | (b) Every single family residence shall have at least one |
21 | | approved smoke
detector installed on every story of the |
22 | | dwelling unit, including basements
but not including |
23 | | unoccupied attics. In dwelling units with split levels,
a |
24 | | smoke detector installed on the upper level shall suffice for |
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1 | | the
adjacent lower level if the lower level is less than one |
2 | | full story below
the upper level; however, if there is an |
3 | | intervening door between the
adjacent levels, a smoke detector |
4 | | shall be installed on each level.
|
5 | | (c) Every structure which (1) contains more than one |
6 | | dwelling unit, or
(2) contains at least one dwelling unit and |
7 | | is a mixed-use structure, shall
contain at least one approved |
8 | | smoke detector at the uppermost ceiling of
each interior |
9 | | stairwell. The detector shall be installed on the ceiling,
at |
10 | | least 6 inches from the wall, or on a wall located between 4 |
11 | | and 6
inches from the ceiling.
|
12 | | (d) It shall be the responsibility of the owner of a |
13 | | structure to supply
and install all required detectors. The |
14 | | owner shall be responsible for
making reasonable efforts to |
15 | | test and maintain detectors in common
stairwells and hallways. |
16 | | It shall be the responsibility of a tenant to
test and to |
17 | | provide general maintenance for the detectors within the
|
18 | | tenant's dwelling unit or rooming unit, and to notify the |
19 | | owner or the
authorized agent of the owner in writing of any |
20 | | deficiencies which the
tenant cannot correct. The owner shall |
21 | | be responsible for providing one
tenant per dwelling unit with |
22 | | written information regarding detector
testing and |
23 | | maintenance.
|
24 | | The tenant shall be responsible for replacement of any |
25 | | required batteries
in the smoke detectors in the tenant's |
26 | | dwelling unit, except that the owner
shall ensure that such |
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| | HB0101 | - 30 - | LRB102 04261 KTG 14279 b |
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1 | | batteries are in operating condition at the time
the tenant |
2 | | takes possession of the dwelling unit. The tenant shall |
3 | | provide
the owner or the authorized agent of the owner with |
4 | | access to the dwelling
unit to correct any deficiencies in the |
5 | | smoke detector which have been
reported in writing to the |
6 | | owner or the authorized agent of the owner.
|
7 | | (e) The requirements of this Section shall apply to any |
8 | | dwelling unit
in existence on July 1, 1988, beginning on that |
9 | | date. Except as provided
in subsections (f) and (g), the smoke |
10 | | detectors required in such dwelling
units may be either |
11 | | battery powered or wired into the structure's AC power
line, |
12 | | and need not be interconnected.
|
13 | | (f) In the case of any dwelling unit that is newly |
14 | | constructed,
reconstructed, or substantially remodelled after |
15 | | December 31, 1987, the
requirements of this Section shall |
16 | | apply beginning on the first day of
occupancy of the dwelling |
17 | | unit after such construction, reconstruction or
substantial |
18 | | remodelling. The smoke detectors required in such dwelling
|
19 | | unit shall be permanently wired into the structure's AC power |
20 | | line, and if
more than one detector is required to be installed |
21 | | within the dwelling
unit, the detectors shall be wired so that |
22 | | the actuation of one detector
will actuate all the detectors |
23 | | in the dwelling unit.
|
24 | | In the case of any dwelling unit that is newly |
25 | | constructed,
reconstructed, or substantially remodeled on or |
26 | | after January 1, 2011, smoke detectors permanently wired into |
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1 | | the structure's AC power line must also maintain an |
2 | | alternative back-up power source, which may be either a |
3 | | battery or batteries or an emergency generator. |
4 | | (g) Every hotel shall be equipped with operational |
5 | | portable
smoke-detecting alarm devices for the deaf , hard of
|
6 | | hearing, and DeafBlind and hearing impaired of audible
and |
7 | | visual design, available for units of occupancy.
|
8 | | Specialized smoke detectors smoke-detectors for the deaf , |
9 | | hard of
hearing, and DeafBlind and hearing impaired shall be
|
10 | | available upon request by guests in such hotels at a rate
of at |
11 | | least one such smoke detector per 75 occupancy units or |
12 | | portions
thereof, not to exceed 5 such smoke detectors per |
13 | | hotel.
Incorporation or connection into an existing interior |
14 | | alarm system, so as
to be capable of being activated by the |
15 | | system, may be utilized in lieu of
the portable alarms.
|
16 | | Operators of any hotel shall post conspicuously at the |
17 | | main desk a
permanent notice, in letters at least 3 inches in |
18 | | height, stating that
smoke detector alarm devices for the deaf |
19 | | , hard of
hearing, and DeafBlind and hearing impaired are
|
20 | | available. The proprietor may require a refundable deposit for |
21 | | a portable
smoke detector not to exceed the cost of the |
22 | | detector.
|
23 | | (g-5) A hotel, as defined in this Act, shall be |
24 | | responsible for installing and maintaining smoke detecting |
25 | | equipment. |
26 | | (h) Compliance with an applicable federal, State , or local |
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1 | | law or
building code which requires the installation and |
2 | | maintenance of smoke
detectors in a manner different from this |
3 | | Section, but providing a level of
safety for occupants which |
4 | | is equal to or greater than that provided by
this Section, |
5 | | shall be deemed to be in compliance with this Section, and
the |
6 | | requirements of such more stringent law shall govern over the
|
7 | | requirements of this Section.
|
8 | | (Source: P.A. 96-1292, eff. 1-1-11; 97-447, eff. 1-1-12; |
9 | | revised 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 |
12 | | with at least one
approved smoke detector in an operating |
13 | | condition within 15 feet of every room
used for sleeping |
14 | | purposes. The detector shall be installed on the ceiling
and |
15 | | at least 6 inches from any wall, or on a wall located between 4 |
16 | | and 6
inches from the ceiling.
|
17 | | (b) Every single family residence shall have at least one |
18 | | approved smoke
detector installed on every story of the |
19 | | dwelling unit, including basements
but not including |
20 | | unoccupied attics. In dwelling units with split levels,
a |
21 | | smoke detector installed on the upper level shall suffice for |
22 | | the
adjacent lower level if the lower level is less than one |
23 | | full story below
the upper level; however, if there is an |
24 | | intervening door between the
adjacent levels, a smoke detector |
25 | | shall be installed on each level.
|
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1 | | (c) Every structure which (1) contains more than one |
2 | | dwelling unit, or
(2) contains at least one dwelling unit and |
3 | | is a mixed-use structure, shall
contain at least one approved |
4 | | smoke detector at the uppermost ceiling of
each interior |
5 | | stairwell. The detector shall be installed on the ceiling,
at |
6 | | least 6 inches from the wall, or on a wall located between 4 |
7 | | and 6
inches from the ceiling.
|
8 | | (d) It shall be the responsibility of the owner of a |
9 | | structure to supply
and install all required detectors. The |
10 | | owner shall be responsible for
making reasonable efforts to |
11 | | test and maintain detectors in common
stairwells and hallways. |
12 | | It shall be the responsibility of a tenant to
test and to |
13 | | provide general maintenance for the detectors within the
|
14 | | tenant's dwelling unit or rooming unit, and to notify the |
15 | | owner or the
authorized agent of the owner in writing of any |
16 | | deficiencies which the
tenant cannot correct. The owner shall |
17 | | be responsible for providing one
tenant per dwelling unit with |
18 | | written information regarding detector
testing and |
19 | | maintenance.
|
20 | | The tenant shall be responsible for replacement of any |
21 | | required batteries
in the smoke detectors in the tenant's |
22 | | dwelling unit, except that the owner
shall ensure that such |
23 | | batteries are in operating condition at the time
the tenant |
24 | | takes possession of the dwelling unit. The tenant shall |
25 | | provide
the owner or the authorized agent of the owner with |
26 | | access to the dwelling
unit to correct any deficiencies in the |
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1 | | smoke detector which have been
reported in writing to the |
2 | | owner or the authorized agent of the owner.
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3 | | (e) The requirements of this Section shall apply to any |
4 | | dwelling unit
in existence on July 1, 1988, beginning on that |
5 | | date. Except as provided
in subsections (f) and (g), the smoke |
6 | | detectors required in such dwelling
units may be either: |
7 | | battery powered provided the battery is a self-contained, |
8 | | non-removable, long-term long term battery, or wired into the |
9 | | structure's AC power
line, and need not be interconnected.
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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 |
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1 | | State Fire Marshal shall designate through its regulatory |
2 | | process. |
3 | | (f) In the case of any dwelling unit that is newly |
4 | | constructed,
reconstructed, or substantially remodelled after |
5 | | December 31, 1987, the
requirements of this Section shall |
6 | | apply beginning on the first day of
occupancy of the dwelling |
7 | | unit after such construction, reconstruction or
substantial |
8 | | remodelling. The smoke detectors required in such dwelling
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9 | | unit shall be permanently wired into the structure's AC power |
10 | | line, and if
more than one detector is required to be installed |
11 | | within the dwelling
unit, the detectors shall be wired so that |
12 | | the actuation of one detector
will actuate all the detectors |
13 | | in the dwelling unit.
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14 | | In the case of any dwelling unit that is newly |
15 | | constructed,
reconstructed, or substantially remodeled on or |
16 | | after January 1, 2011, smoke detectors permanently wired into |
17 | | the structure's AC power line must also maintain an |
18 | | alternative back-up power source, which may be either a |
19 | | battery or batteries or an emergency generator. |
20 | | (g) Every hotel shall be equipped with operational |
21 | | portable
smoke-detecting alarm devices for the deaf , hard of
|
22 | | hearing, and DeafBlind and hearing impaired of audible
and |
23 | | visual design, available for units of occupancy.
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24 | | Specialized smoke detectors smoke-detectors for the deaf , |
25 | | hard of
hearing, and DeafBlind and hearing impaired shall be
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26 | | available upon request by guests in such hotels at a rate
of at |
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1 | | least one such smoke detector per 75 occupancy units or |
2 | | portions
thereof, not to exceed 5 such smoke detectors per |
3 | | hotel.
Incorporation or connection into an existing interior |
4 | | alarm system, so as
to be capable of being activated by the |
5 | | system, may be utilized in lieu of
the portable alarms.
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6 | | Operators of any hotel shall post conspicuously at the |
7 | | main desk a
permanent notice, in letters at least 3 inches in |
8 | | height, stating that
smoke detector alarm devices for the |
9 | | deaf , hard of
hearing, and DeafBlind and hearing impaired are
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10 | | available. The proprietor may require a refundable deposit for |
11 | | a portable
smoke detector not to exceed the cost of the |
12 | | detector.
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13 | | (g-5) A hotel, as defined in this Act, shall be |
14 | | responsible for installing and maintaining smoke detecting |
15 | | equipment. |
16 | | (h) Compliance with an applicable federal, State , or local |
17 | | law or
building code which requires the installation and |
18 | | maintenance of smoke
detectors in a manner different from this |
19 | | Section, but providing a level of
safety for occupants which |
20 | | is equal to or greater than that provided by
this Section, |
21 | | shall be deemed to be in compliance with this Section, and
the |
22 | | requirements of such more stringent law shall govern over the
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23 | | requirements of this Section.
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24 | | (i) The requirements of this Section shall not apply to |
25 | | dwelling units and hotels within municipalities with a |
26 | | population over 1,000,000 inhabitants. |
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1 | | (Source: P.A. 100-200, eff. 1-1-23; revised 8-19-20.)
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2 | | Section 30. The Animal Control Act is amended by changing |
3 | | Sections 15 and 15.1 as follows:
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4 | | (510 ILCS 5/15) (from Ch. 8, par. 365)
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5 | | Sec. 15. (a) In order to have a dog deemed "vicious", the |
6 | | Administrator,
Deputy
Administrator,
or law enforcement |
7 | | officer must give notice of the
infraction that
is the basis of |
8 | | the investigation to the owner, conduct a thorough
|
9 | | investigation, interview
any witnesses, including the owner, |
10 | | gather any existing medical records,
veterinary
medical |
11 | | records or behavioral evidence, and make a detailed report |
12 | | recommending
a
finding that the dog is a vicious dog and give |
13 | | the report to the State's
Attorney's Office and the
owner. The |
14 | | Administrator, State's Attorney, Director or any citizen of |
15 | | the
county in
which the dog exists may file a complaint in the |
16 | | circuit court in the name of
the People of the
State of
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17 | | Illinois to deem a dog to be a vicious dog. Testimony of a |
18 | | certified applied
behaviorist, a
board certified veterinary |
19 | | behaviorist, or another recognized expert may be
relevant to |
20 | | the
court's determination of whether the dog's behavior was |
21 | | justified. The
petitioner must
prove the dog is a vicious dog |
22 | | by clear and convincing evidence. The
Administrator shall |
23 | | determine where the animal shall be confined during the
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24 | | pendency of the case.
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1 | | A dog may not be declared vicious if the court determines |
2 | | the conduct of
the
dog was
justified because:
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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;
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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
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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.
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15 | | No dog shall be deemed "vicious" if it is a professionally |
16 | | trained dog for
law
enforcement or guard duties. Vicious dogs |
17 | | shall not be classified
in a manner that is specific as to |
18 | | breed.
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19 | | If the burden of proof has been met, the court shall deem |
20 | | the dog to be a
vicious dog.
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21 | | If a dog is found to be a vicious dog, the owner shall pay |
22 | | a $100 public safety fine to be deposited into the county |
23 | | animal control fund, the dog shall be spayed or
neutered |
24 | | within 10 days of the finding at the expense of its
owner and |
25 | | microchipped, if not already, and the dog is subject to
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26 | | enclosure. If an owner fails to comply with these |
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1 | | requirements, the animal control agency shall impound the dog |
2 | | and the owner shall pay a $500 fine plus impoundment fees to |
3 | | the animal control agency impounding the dog. The judge has |
4 | | the discretion to order a vicious dog be euthanized. A dog |
5 | | found to be a vicious dog shall not be released to the
owner |
6 | | until the Administrator, an Animal Control Warden, or the
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7 | | Director approves the enclosure. No owner or
keeper of a |
8 | | vicious dog shall sell or give away the dog without
approval |
9 | | from the Administrator or court. Whenever an owner of a |
10 | | vicious dog relocates, he or she shall notify
both the
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11 | | Administrator of
County
Animal Control where he or she has |
12 | | relocated and the Administrator of County
Animal Control where |
13 | | he or she formerly resided.
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14 | | (b) It shall be unlawful for any person to keep or maintain |
15 | | any dog
which has been found to be a vicious dog unless the dog |
16 | | is
kept in an enclosure. The only times that a vicious dog may |
17 | | be allowed out
of the enclosure are (1) if it is necessary for |
18 | | the owner or keeper to
obtain veterinary care for the dog, (2) |
19 | | in the case of an emergency or
natural disaster where the
dog's |
20 | | life is threatened, or (3) to comply with the order of a
court |
21 | | of competent jurisdiction, provided that the dog is securely |
22 | | muzzled
and restrained with a leash not
exceeding 6 feet in |
23 | | length, and shall be under the direct control and
supervision |
24 | | of the owner or keeper of the dog or muzzled in its residence.
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25 | | Any dog which has been found to be a vicious dog and which |
26 | | is not
confined to an enclosure shall be impounded by the |
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1 | | Administrator, an Animal
Control Warden, or the law |
2 | | enforcement authority having jurisdiction in
such area.
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3 | | If the owner of the dog has not appealed the impoundment |
4 | | order to the
circuit court in the county in which the animal |
5 | | was impounded within 15
working days, the dog may be |
6 | | euthanized.
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7 | | Upon filing a notice of appeal, the order of euthanasia |
8 | | shall be
automatically stayed pending the outcome of the |
9 | | appeal. The owner shall bear
the burden of timely notification |
10 | | to animal control in writing.
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11 | | Guide dogs for the blind , deaf, hard of hearing, or |
12 | | DeafBlind or hearing impaired , support dogs for persons with |
13 | | physical disabilities, accelerant detection dogs, and sentry, |
14 | | guard, or
police-owned dogs are
exempt from this Section; |
15 | | provided, an attack or injury to a person
occurs while the dog |
16 | | is performing duties as expected. To qualify for
exemption |
17 | | under this Section, each such dog shall be currently
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18 | | inoculated against rabies in accordance with Section 8
of this |
19 | | Act. It shall be the duty of the owner of such exempted dog to
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20 | | notify the Administrator of changes of address. In the case of |
21 | | a sentry or
guard dog, the owner shall keep the Administrator |
22 | | advised of the location
where such dog will be stationed. The |
23 | | Administrator shall provide police
and fire departments with a |
24 | | categorized list of such exempted dogs, and
shall promptly |
25 | | notify such departments of any address changes reported to |
26 | | him.
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1 | | (c) If the animal control agency has custody of the dog, |
2 | | the agency may file a petition with the court requesting that |
3 | | the owner be ordered to post security. The security must be in |
4 | | an amount sufficient to secure payment of all reasonable |
5 | | expenses expected to be incurred by the animal control agency |
6 | | or animal shelter in caring for and providing for the dog |
7 | | pending the determination. Reasonable expenses include, but |
8 | | are not limited to, estimated medical care and boarding of the |
9 | | animal for 30 days. If security has been posted in accordance |
10 | | with this Section, the animal control agency may draw from the |
11 | | security the actual costs incurred by the agency in caring for |
12 | | the dog. |
13 | | (d) Upon receipt of a petition, the court must set a |
14 | | hearing on the petition, to be conducted within 5 business |
15 | | days after the petition is filed. The petitioner must serve a |
16 | | true copy of the petition upon the defendant. |
17 | | (e) If the court orders the posting of security, the |
18 | | security must be posted with the clerk of the court within 5 |
19 | | business days after the hearing. If the person ordered to post |
20 | | security does not do so, the dog is forfeited by operation of |
21 | | law and the animal control agency must dispose of the animal |
22 | | through adoption or humane euthanization.
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23 | | (Source: P.A. 99-143, eff. 7-27-15; 99-642, eff. 7-28-16; |
24 | | 100-787, eff. 8-10-18.)
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25 | | (510 ILCS 5/15.1)
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1 | | Sec. 15.1. Dangerous dog determination.
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2 | | (a) After a thorough investigation
including: sending, |
3 | | within 10 business days of the Administrator or Director |
4 | | becoming
aware of the alleged infraction,
notifications to the |
5 | | owner of the alleged infractions, the fact of the
initiation |
6 | | of an investigation,
and
affording the owner an opportunity to |
7 | | meet with the Administrator or
Director prior to the making of |
8 | | a determination;
gathering of
any medical or veterinary |
9 | | evidence; interviewing witnesses; and making a
detailed
|
10 | | written report, an animal control warden, deputy |
11 | | administrator, or law
enforcement agent
may ask the |
12 | | Administrator, or his or her designee, or the Director, to |
13 | | deem a
dog to be
"dangerous". No dog shall be deemed a |
14 | | "dangerous dog" unless shown to be a dangerous dog by a |
15 | | preponderance of evidence. The owner shall be sent immediate |
16 | | notification of the determination
by registered or certified |
17 | | mail that includes a complete description of the
appeal
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18 | | process.
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19 | | (b) A dog shall not be declared dangerous if the |
20 | | Administrator,
or his or her designee, or the Director |
21 | | determines 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
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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;
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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
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7 | | protecting itself, its owner, custodian, or a member of |
8 | | its household,
kennel, or offspring.
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9 | | (c) Testimony of a certified applied behaviorist, a board |
10 | | certified
veterinary behaviorist, or another recognized expert |
11 | | may be relevant to
the determination of whether the dog's |
12 | | behavior was
justified pursuant to the provisions of this |
13 | | Section.
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14 | | (d) If deemed dangerous, the Administrator, or his or her |
15 | | designee, or the
Director shall order (i) the dog's owner to |
16 | | pay a $50 public safety fine to be deposited into the county |
17 | | animal control fund, (ii) the dog to be spayed or neutered |
18 | | within
14
days
at the
owner's expense and microchipped, if not |
19 | | already, and (iii) one or more of the
following
as deemed |
20 | | appropriate under
the
circumstances and necessary for the |
21 | | protection 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
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3 | | (2) direct supervision by an adult 18 years of age or |
4 | | older
whenever the animal is on public premises.
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5 | | (e) The Administrator may order a dangerous dog to be |
6 | | muzzled
whenever it is on public premises in a manner that
will |
7 | | prevent
it from biting any person or animal, but that shall not |
8 | | injure the dog or
interfere with its
vision or respiration.
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9 | | (f) Guide dogs for the blind , deaf, hard of hearing, or |
10 | | DeafBlind or hearing impaired , support dogs for persons with a |
11 | | physical disability, and sentry, guard, or
police-owned dogs |
12 | | are exempt from this Section; provided, an attack or injury
to |
13 | | a person occurs while the dog is performing duties as |
14 | | expected. To qualify
for exemption under this Section, each |
15 | | such dog shall be currently inoculated
against rabies in |
16 | | accordance with Section 8 of this Act and performing duties
as |
17 | | expected. It shall be the duty
of the owner of the exempted dog |
18 | | to notify the Administrator of changes of
address. In the case |
19 | | of a sentry or guard dog, the owner shall keep the
|
20 | | Administrator advised of the location where such dog will be |
21 | | stationed. The
Administrator shall provide police and fire |
22 | | departments with a categorized list
of the exempted dogs, and |
23 | | shall promptly notify the departments of any
address changes |
24 | | reported to him or her.
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25 | | (g) An animal control agency has the right to impound a |
26 | | dangerous dog if the owner fails to comply with the |
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1 | | requirements of this Act.
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2 | | (Source: P.A. 99-143, eff. 7-27-15; 100-787, eff. 8-10-18.)
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3 | | Section 35. The Humane Care for Animals Act is amended by |
4 | | changing Section 7.15 as follows:
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5 | | (510 ILCS 70/7.15)
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6 | | Sec. 7.15. Guide, hearing, and support dogs.
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7 | | (a) A person may not willfully and maliciously annoy, |
8 | | taunt, tease, harass,
torment, beat, or strike a guide, |
9 | | hearing, or support dog or otherwise engage
in any conduct |
10 | | directed toward a guide, hearing, or support dog that is |
11 | | likely
to impede or interfere with the dog's performance of |
12 | | its duties or that places
the blind, deaf, hard of hearing, |
13 | | DeafBlind, hearing impaired, or person with a physical |
14 | | disability being served or
assisted by the dog in danger of |
15 | | injury.
|
16 | | (b) A person may not willfully and maliciously torture, |
17 | | injure, or kill a
guide, hearing, or support dog.
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18 | | (c) A person may not willfully and maliciously permit a |
19 | | dog that is owned,
harbored, or controlled by the person to |
20 | | cause injury to or the death of a
guide, hearing, or support |
21 | | dog while the guide, hearing, or support dog is in
discharge of |
22 | | its duties.
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23 | | (d) A person convicted of violating this Section is guilty |
24 | | of a Class A
misdemeanor. A second or subsequent violation is a |
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1 | | Class 4 felony. A person
convicted of violating subsection (b) |
2 | | or (c) of this Section is guilty of a
Class 4 felony if the dog |
3 | | is killed or totally disabled, and may be ordered
by the court |
4 | | to make restitution to the person with a disability having |
5 | | custody or
ownership of the dog for veterinary bills and |
6 | | replacement costs of the dog.
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7 | | (Source: P.A. 99-143, eff. 7-27-15.)
|
8 | | Section 40. The Illinois Human Rights Act is amended by |
9 | | changing Section 8-102 as follows:
|
10 | | (775 ILCS 5/8-102) (from Ch. 68, par. 8-102)
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11 | | Sec. 8-102. Powers and duties. In addition to the other |
12 | | powers
and duties prescribed in this Act, the Commission shall |
13 | | have the following
powers and duties:
|
14 | | (A) Meetings. To meet and function at any place within |
15 | | the State.
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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.
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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.
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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 |
12 | | January 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 |
15 | | Section 3 as follows:
|
16 | | (775 ILCS 30/3) (from Ch. 23, par. 3363)
|
17 | | Sec. 3.
The blind, persons who have a visual disability, |
18 | | the deaf, hard of hearing, and DeafBlind hearing impaired , |
19 | | persons
who are subject to epilepsy or other seizure |
20 | | disorders,
and persons who have other physical disabilities |
21 | | have the same right as the
able-bodied to the full and free use |
22 | | of the streets, highways, sidewalks,
walkways, public |
23 | | buildings, public facilities and other public places.
|
24 | | The blind, persons who have a visual disability, the deaf, |
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1 | | hard of hearing, and DeafBlind hearing impaired , persons who |
2 | | are
subject to epilepsy or other seizure disorders, and |
3 | | persons who have other physical disabilities are entitled to |
4 | | full and equal
accommodations, advantages, facilities and |
5 | | privileges of all common
carriers, airplanes, motor vehicles, |
6 | | railroad trains, motor buses, street
cars, boats or any other |
7 | | public conveyances or modes of transportation,
hotels, lodging |
8 | | places, places of public accommodation, amusement or resort
|
9 | | and other places to which the general public is invited, |
10 | | subject only to
the conditions and limitations established by |
11 | | law and applicable alike to
all persons.
|
12 | | Every totally or partially blind , deaf, hard of hearing, |
13 | | or DeafBlind or hearing impaired person, person who is subject
|
14 | | to epilepsy or other seizure disorders, or person who has any |
15 | | other physical disability or a trainer of support dogs, guide |
16 | | dogs,
seizure-alert dogs, seizure-response dogs, or
hearing |
17 | | dogs shall
have the right to be accompanied by a
support dog or |
18 | | guide dog especially trained for the purpose, or a dog
that is |
19 | | being trained to be a support dog, guide dog, seizure-alert |
20 | | dog,
seizure-response dog, or hearing dog, in any
of the
|
21 | | places listed in this Section without being required to pay an |
22 | | extra charge
for the guide, support, seizure-alert, |
23 | | seizure-response, or hearing dog;
provided that he shall be |
24 | | liable for
any damage done to the premises or facilities by |
25 | | such 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 |
2 | | changes in a statute that is represented in this Act by text |
3 | | that is not yet or no longer in effect (for example, a Section |
4 | | represented by multiple versions), the use of that text does |
5 | | not accelerate or delay the taking effect of (i) the changes |
6 | | made by this Act or (ii) provisions derived from any other |
7 | | Public Act.
|
8 | | Section 99. Effective date. This Act takes effect upon |
9 | | becoming law.
|