Sen. Bill Cunningham

Filed: 10/19/2021

 

 


 

 


 
10200HB0307sam002LRB102 11622 AMC 29966 a

1
AMENDMENT TO HOUSE BILL 307

2    AMENDMENT NO. ______. Amend House Bill 307, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 1. Nature of this Act.
6    (a) This Act may be cited as the Second 2021 General
7Revisory Act.
8    (b) This Act is not intended to make any substantive
9change in the law. It reconciles conflicts that have arisen
10from multiple amendments and enactments and makes technical
11corrections and revisions in the law.
12    This Act revises and, where appropriate, renumbers certain
13Sections that have been added or amended by more than one
14Public Act. In certain cases in which a repealed Act or Section
15has been replaced with a successor law, this Act may
16incorporate amendments to the repealed Act or Section into the
17successor law. This Act also corrects errors, revises

 

 

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1cross-references, and deletes obsolete text.
2    (c) In this Act, the reference at the end of each amended
3Section indicates the sources in the Session Laws of Illinois
4that were used in the preparation of the text of that Section.
5The text of the Section included in this Act is intended to
6include the different versions of the Section found in the
7Public Acts included in the list of sources, but may not
8include other versions of the Section to be found in Public
9Acts not included in the list of sources. The list of sources
10is not a part of the text of the Section.
11    (d) Public Acts 101-652 through 102-98 were considered in
12the preparation of the combining revisories included in this
13Act. Many of those combining revisories contain no striking or
14underscoring because no additional changes are being made in
15the material that is being combined.
 
16    (5 ILCS 80/4.32 rep.)
17    Section 5. The Regulatory Sunset Act is amended by
18repealing Section 4.32.
 
19    Section 7. The Election Code is amended by changing
20Sections 2A-1.1, 7-4, 7-10, 7-12, 10-4, and 19-2 as follows:
 
21    (10 ILCS 5/2A-1.1)  (from Ch. 46, par. 2A-1.1)
22    Sec. 2A-1.1. All elections; consolidated elections -
23consolidated schedule.

 

 

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1    (a) Except as otherwise provided in this Code, in
2even-numbered years, the general election shall be held on the
3first Tuesday after the first Monday of November; and an
4election to be known as the general primary election shall be
5held on the third Tuesday in March. ;
6    (b) In odd-numbered years, an election to be known as the
7consolidated election shall be held on the first Tuesday in
8April except as provided in Section 2A-1.1a of this Code Act;
9and an election to be known as the consolidated primary
10election shall be held on the last Tuesday in February.
11(Source: P.A. 102-15, eff. 6-17-21; revised 7-14-21.)
 
12    (10 ILCS 5/7-4)  (from Ch. 46, par. 7-4)
13    Sec. 7-4. The following words and phrases in this Article
147 shall, unless the same be inconsistent with the context, be
15construed as follows:
16    1. The word "primary", the primary elections provided for
17in this Article, which are the general primary, the
18consolidated primary, and for those municipalities which have
19annual partisan elections for any officer, the municipal
20primary held 6 weeks prior to the general primary election
21date in even numbered years.
22    2. The definitions definition of terms in Section 1-3 of
23this Code Act shall apply to this Article.
24    3. The word "precinct", a voting district heretofore or
25hereafter established by law within which all qualified

 

 

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1electors vote at one polling place.
2    4. The words "state office" or "state officer", an office
3to be filled, or an officer to be voted for, by qualified
4electors of the entire state, including United States Senator
5and Congressperson at large.
6    5. The words "congressional office" or "congressional
7officer", representatives in Congress.
8    6. The words "county office" or "county officer," include
9an office to be filled or an officer to be voted for, by the
10qualified electors of the entire county. "County office" or
11"county officer" also include the assessor and board of
12appeals and county commissioners and president of county board
13of Cook County, and county board members and the chair of the
14county board in counties subject to Division 2-3 of the
15Counties Code "An Act relating to the composition and election
16of county boards in certain counties", enacted by the 76th
17General Assembly.
18    7. The words "city office" and "village office," and
19"incorporated town office" or "city officer" and "village
20officer", and "incorporated town officer", an office to be
21filled or an officer to be voted for by the qualified electors
22of the entire municipality, including alderpersons.
23    8. The words "town office" or "town officer", an office to
24be filled or an officer to be voted for by the qualified
25electors of an entire town.
26    9. The words "town" and "incorporated town" shall

 

 

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1respectively be defined as in Section 1-3 of this Code Act.
2    10. The words "delegates and alternate delegates to
3National nominating conventions" include all delegates and
4alternate delegates to National nominating conventions whether
5they be elected from the state at large or from congressional
6districts or selected by State convention unless contrary and
7non-inclusive language specifically limits the term to one
8class.
9    11. "Judicial office" means a post held by a judge of the
10Supreme, Appellate, or Circuit Court.
11(Source: P.A. 102-15, eff. 6-17-21; revised 7-14-21.)
 
12    (10 ILCS 5/7-10)  (from Ch. 46, par. 7-10)
13    Sec. 7-10. Form of petition for nomination. The name of no
14candidate for nomination, or State central committeeperson, or
15township committeeperson, or precinct committeeperson, or ward
16committeeperson or candidate for delegate or alternate
17delegate to national nominating conventions, shall be printed
18upon the primary ballot unless a petition for nomination has
19been filed in his behalf as provided in this Article in
20substantially the following form:
21    We, the undersigned, members of and affiliated with the
22.... party and qualified primary electors of the .... party,
23in the .... of ...., in the county of .... and State of
24Illinois, do hereby petition that the following named person
25or persons shall be a candidate or candidates of the .... party

 

 

 

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1for the nomination for (or in case of committeepersons for
2election to) the office or offices hereinafter specified, to
3be voted for at the primary election to be held on (insert
4date).
5    NameOfficeAddress
6John JonesGovernorBelvidere, Ill.
7Jane James Lieutenant Governor Peoria, Ill.
8Thomas SmithAttorney GeneralOakland, Ill.
9Name..................         Address.......................
 
10State of Illinois)
11                 ) ss.
12County of........)
13    I, ...., do hereby certify that I reside at No. ....
14street, in the .... of ...., county of ...., and State of
15....., that I am 18 years of age or older, that I am a citizen
16of the United States, and that the signatures on this sheet
17were signed in my presence, and are genuine, and that to the
18best of my knowledge and belief the persons so signing were at
19the time of signing the petitions qualified voters of the ....
20party, and that their respective residences are correctly
21stated, as above set forth.
22
.........................
23    Subscribed and sworn to before me on (insert date).
24
.........................

 

 

 

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1    Each sheet of the petition other than the statement of
2candidacy and candidate's statement shall be of uniform size
3and shall contain above the space for signatures an
4appropriate heading giving the information as to name of
5candidate or candidates, in whose behalf such petition is
6signed; the office, the political party represented and place
7of residence; and the heading of each sheet shall be the same.
8    Such petition shall be signed by qualified primary
9electors residing in the political division for which the
10nomination is sought in their own proper persons only and
11opposite the signature of each signer, his residence address
12shall be written or printed. The residence address required to
13be written or printed opposite each qualified primary
14elector's name shall include the street address or rural route
15number of the signer, as the case may be, as well as the
16signer's county, and city, village or town, and state.
17However, the county or city, village or town, and state of
18residence of the electors may be printed on the petition forms
19where all of the electors signing the petition reside in the
20same county or city, village or town, and state. Standard
21abbreviations may be used in writing the residence address,
22including street number, if any. At the bottom of each sheet of
23such petition shall be added a circulator statement signed by
24a person 18 years of age or older who is a citizen of the
25United States, stating the street address or rural route

 

 

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1number, as the case may be, as well as the county, city,
2village or town, and state; and certifying that the signatures
3on that sheet of the petition were signed in his or her
4presence and certifying that the signatures are genuine; and
5either (1) indicating the dates on which that sheet was
6circulated, or (2) indicating the first and last dates on
7which the sheet was circulated, or (3) certifying that none of
8the signatures on the sheet were signed more than 90 days
9preceding the last day for the filing of the petition and
10certifying that to the best of his or her knowledge and belief
11the persons so signing were at the time of signing the
12petitions qualified voters of the political party for which a
13nomination is sought. Such statement shall be sworn to before
14some officer authorized to administer oaths in this State.
15    Except as otherwise provided in this Code, no petition
16sheet shall be circulated more than 90 days preceding the last
17day provided in Section 7-12 for the filing of such petition.
18    The person circulating the petition, or the candidate on
19whose behalf the petition is circulated, may strike any
20signature from the petition, provided that:
21        (1) the person striking the signature shall initial
22    the petition at the place where the signature is struck;
23    and
24        (2) the person striking the signature shall sign a
25    certification listing the page number and line number of
26    each signature struck from the petition. Such

 

 

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1    certification shall be filed as a part of the petition.
2    Such sheets before being filed shall be neatly fastened
3together in book form, by placing the sheets in a pile and
4fastening them together at one edge in a secure and suitable
5manner, and the sheets shall then be numbered consecutively.
6The sheets shall not be fastened by pasting them together end
7to end, so as to form a continuous strip or roll. All petition
8sheets which are filed with the proper local election
9officials, election authorities or the State Board of
10Elections shall be the original sheets which have been signed
11by the voters and by the circulator thereof, and not
12photocopies or duplicates of such sheets. Each petition must
13include as a part thereof, a statement of candidacy for each of
14the candidates filing, or in whose behalf the petition is
15filed. This statement shall set out the address of such
16candidate, the office for which he is a candidate, shall state
17that the candidate is a qualified primary voter of the party to
18which the petition relates and is qualified for the office
19specified (in the case of a candidate for State's Attorney it
20shall state that the candidate is at the time of filing such
21statement a licensed attorney-at-law of this State), shall
22state that he has filed (or will file before the close of the
23petition filing period) a statement of economic interests as
24required by the Illinois Governmental Ethics Act, shall
25request that the candidate's name be placed upon the official
26ballot, and shall be subscribed and sworn to by such candidate

 

 

 

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1before some officer authorized to take acknowledgment of deeds
2in the State and shall be in substantially the following form:
3
Statement of Candidacy
4NameAddressOfficeDistrictParty
5John Jones102 Main St.GovernorStatewideRepublican
6Belvidere,
7Illinois
8State of Illinois)
9                 ) ss.
10County of .......)
11    I, ...., being first duly sworn, say that I reside at ....
12Street in the city (or village) of ...., in the county of ....,
13State of Illinois; that I am a qualified voter therein and am a
14qualified primary voter of the .... party; that I am a
15candidate for nomination (for election in the case of
16committeeperson and delegates and alternate delegates) to the
17office of .... to be voted upon at the primary election to be
18held on (insert date); that I am legally qualified (including
19being the holder of any license that may be an eligibility
20requirement for the office I seek the nomination for) to hold
21such office and that I have filed (or I will file before the
22close of the petition filing period) a statement of economic
23interests as required by the Illinois Governmental Ethics Act
24and I hereby request that my name be printed upon the official
25primary ballot for nomination for (or election to in the case

 

 

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1of committeepersons and delegates and alternate delegates)
2such office.
3
Signed ......................
4    Subscribed and sworn to (or affirmed) before me by ....,
5who is to me personally known, on (insert date).
6
Signed ....................
7
(Official Character)
8(Seal, if officer has one.)
 
9    The petitions, when filed, shall not be withdrawn or added
10to, and no signatures shall be revoked except by revocation
11filed in writing with the State Board of Elections, election
12authority or local election official with whom the petition is
13required to be filed, and before the filing of such petition.
14Whoever forges the name of a signer upon any petition required
15by this Article is deemed guilty of a forgery and on conviction
16thereof shall be punished accordingly.
17    A candidate for the offices listed in this Section must
18obtain the number of signatures specified in this Section on
19his or her petition for nomination.
20    (a) Statewide office or delegate to a national nominating
21convention. Except as otherwise provided in this Code, if a
22candidate seeks to run for statewide office or as a delegate or
23alternate delegate to a national nominating convention elected
24from the State at-large, then the candidate's petition for
25nomination must contain at least 5,000 but not more than

 

 

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110,000 signatures.
2    (b) Congressional office or congressional delegate to a
3national nominating convention. Except as otherwise provided
4in this Code, if a candidate seeks to run for United States
5Congress or as a congressional delegate or alternate
6congressional delegate to a national nominating convention
7elected from a congressional district, then the candidate's
8petition for nomination must contain at least the number of
9signatures equal to 0.5% of the qualified primary electors of
10his or her party in his or her congressional district. In the
11first primary election following a redistricting of
12congressional districts, a candidate's petition for nomination
13must contain at least 600 signatures of qualified primary
14electors of the candidate's political party in his or her
15congressional district.
16    (c) County office. Except as otherwise provided in this
17Code, if a candidate seeks to run for any countywide office,
18including, but not limited to, county board chairperson or
19county board member, elected on an at-large basis, in a county
20other than Cook County, then the candidate's petition for
21nomination must contain at least the number of signatures
22equal to 0.5% of the qualified electors of his or her party who
23cast votes at the last preceding general election in his or her
24county. If a candidate seeks to run for county board member
25elected from a county board district, then the candidate's
26petition for nomination must contain at least the number of

 

 

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1signatures equal to 0.5% of the qualified primary electors of
2his or her party in the county board district. In the first
3primary election following a redistricting of county board
4districts or the initial establishment of county board
5districts, a candidate's petition for nomination must contain
6at least the number of signatures equal to 0.5% of the
7qualified electors of his or her party in the entire county who
8cast votes at the last preceding general election divided by
9the total number of county board districts comprising the
10county board; provided that in no event shall the number of
11signatures be less than 25.
12    (d) County office; Cook County only.
13        (1) If a candidate seeks to run for countywide office
14    in Cook County, then the candidate's petition for
15    nomination must contain at least the number of signatures
16    equal to 0.5% of the qualified electors of his or her party
17    who cast votes at the last preceding general election in
18    Cook County.
19        (2) If a candidate seeks to run for Cook County Board
20    Commissioner, then the candidate's petition for nomination
21    must contain at least the number of signatures equal to
22    0.5% of the qualified primary electors of his or her party
23    in his or her county board district. In the first primary
24    election following a redistricting of Cook County Board of
25    Commissioners districts, a candidate's petition for
26    nomination must contain at least the number of signatures

 

 

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1    equal to 0.5% of the qualified electors of his or her party
2    in the entire county who cast votes at the last preceding
3    general election divided by the total number of county
4    board districts comprising the county board; provided that
5    in no event shall the number of signatures be less than 25.
6        (3) Except as otherwise provided in this Code, if a
7    candidate seeks to run for Cook County Board of Review
8    Commissioner, which is elected from a district pursuant to
9    subsection (c) of Section 5-5 of the Property Tax Code,
10    then the candidate's petition for nomination must contain
11    at least the number of signatures equal to 0.5% of the
12    total number of registered voters in his or her board of
13    review district in the last general election at which a
14    commissioner was regularly scheduled to be elected from
15    that board of review district. In no event shall the
16    number of signatures required be greater than the
17    requisite number for a candidate who seeks countywide
18    office in Cook County under subsection (d)(1) of this
19    Section. In the first primary election following a
20    redistricting of Cook County Board of Review districts, a
21    candidate's petition for nomination must contain at least
22    4,000 signatures or at least the number of signatures
23    required for a countywide candidate in Cook County,
24    whichever is less, of the qualified electors of his or her
25    party in the district.
26    (e) Municipal or township office. If a candidate seeks to

 

 

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1run for municipal or township office, then the candidate's
2petition for nomination must contain at least the number of
3signatures equal to 0.5% of the qualified primary electors of
4his or her party in the municipality or township. If a
5candidate seeks to run for alderperson of a municipality, then
6the candidate's petition for nomination must contain at least
7the number of signatures equal to 0.5% of the qualified
8primary electors of his or her party of the ward. In the first
9primary election following redistricting of wards or trustee
10districts of a municipality or the initial establishment of
11wards or districts, a candidate's petition for nomination must
12contain the number of signatures equal to at least 0.5% of the
13total number of votes cast for the candidate of that political
14party who received the highest number of votes in the entire
15municipality at the last regular election at which an officer
16was regularly scheduled to be elected from the entire
17municipality, divided by the number of wards or districts. In
18no event shall the number of signatures be less than 25.
19    (f) State central committeeperson. If a candidate seeks to
20run for State central committeeperson, then the candidate's
21petition for nomination must contain at least 100 signatures
22of the primary electors of his or her party of his or her
23congressional district.
24    (g) Sanitary district trustee. Except as otherwise
25provided in this Code, if a candidate seeks to run for trustee
26of a sanitary district in which trustees are not elected from

 

 

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1wards, then the candidate's petition for nomination must
2contain at least the number of signatures equal to 0.5% of the
3primary electors of his or her party from the sanitary
4district. If a candidate seeks to run for trustee of a sanitary
5district in which trustees are elected from wards, then the
6candidate's petition for nomination must contain at least the
7number of signatures equal to 0.5% of the primary electors of
8his or her party in the ward of that sanitary district. In the
9first primary election following redistricting of sanitary
10districts elected from wards, a candidate's petition for
11nomination must contain at least the signatures of 150
12qualified primary electors of his or her ward of that sanitary
13district.
14    (h) Judicial office. Except as otherwise provided in this
15Code, if a candidate seeks to run for judicial office in a
16district, then the candidate's petition for nomination must
17contain the number of signatures equal to 0.4% of the number of
18votes cast in that district for the candidate for his or her
19political party for the office of Governor at the last general
20election at which a Governor was elected, but in no event less
21than 500 signatures. If a candidate seeks to run for judicial
22office in a circuit or subcircuit, then the candidate's
23petition for nomination must contain the number of signatures
24equal to 0.25% of the number of votes cast for the judicial
25candidate of his or her political party who received the
26highest number of votes at the last general election at which a

 

 

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1judicial officer from the same circuit or subcircuit was
2regularly scheduled to be elected, but in no event less than
31,000 signatures in circuits and subcircuits located in the
4First Judicial District or 500 signatures in every other
5Judicial District.
6    (i) Precinct, ward, and township committeeperson. Except
7as otherwise provided in this Code, if a candidate seeks to run
8for precinct committeeperson, then the candidate's petition
9for nomination must contain at least 10 signatures of the
10primary electors of his or her party for the precinct. If a
11candidate seeks to run for ward committeeperson, then the
12candidate's petition for nomination must contain no less than
13the number of signatures equal to 10% of the primary electors
14of his or her party of the ward, but no more than 16% of those
15same electors; provided that the maximum number of signatures
16may be 50 more than the minimum number, whichever is greater.
17If a candidate seeks to run for township committeeperson, then
18the candidate's petition for nomination must contain no less
19than the number of signatures equal to 5% of the primary
20electors of his or her party of the township, but no more than
218% of those same electors; provided that the maximum number of
22signatures may be 50 more than the minimum number, whichever
23is greater.
24    (j) State's attorney or regional superintendent of schools
25for multiple counties. If a candidate seeks to run for State's
26attorney or regional Superintendent of Schools who serves more

 

 

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1than one county, then the candidate's petition for nomination
2must contain at least the number of signatures equal to 0.5% of
3the primary electors of his or her party in the territory
4comprising the counties.
5    (k) Any other office. If a candidate seeks any other
6office, then the candidate's petition for nomination must
7contain at least the number of signatures equal to 0.5% of the
8registered voters of the political subdivision, district, or
9division for which the nomination is made or 25 signatures,
10whichever is greater.
11    For purposes of this Section the number of primary
12electors shall be determined by taking the total vote cast, in
13the applicable district, for the candidate for that political
14party who received the highest number of votes, statewide, at
15the last general election in the State at which electors for
16President of the United States were elected. For political
17subdivisions, the number of primary electors shall be
18determined by taking the total vote cast for the candidate for
19that political party who received the highest number of votes
20in the political subdivision at the last regular election at
21which an officer was regularly scheduled to be elected from
22that subdivision. For wards or districts of political
23subdivisions, the number of primary electors shall be
24determined by taking the total vote cast for the candidate for
25that political party who received the highest number of votes
26in the ward or district at the last regular election at which

 

 

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1an officer was regularly scheduled to be elected from that
2ward or district.
3    A "qualified primary elector" of a party may not sign
4petitions for or be a candidate in the primary of more than one
5party.
6    The changes made to this Section by Public Act 93-574 of
7this amendatory Act of the 93rd General Assembly are
8declarative of existing law, except for item (3) of subsection
9(d).
10    Petitions of candidates for nomination for offices herein
11specified, to be filed with the same officer, may contain the
12names of 2 or more candidates of the same political party for
13the same or different offices. In the case of the offices of
14Governor and Lieutenant Governor, a joint petition including
15one candidate for each of those offices must be filed.
16(Source: P.A. 102-15, eff. 6-17-21; revised 7-14-21.)
 
17    (10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)
18    Sec. 7-12. All petitions for nomination shall be filed by
19mail or in person as follows:
20        (1) Except as otherwise provided in this Code, where
21    the nomination is to be made for a State, congressional,
22    or judicial office, or for any office a nomination for
23    which is made for a territorial division or district which
24    comprises more than one county or is partly in one county
25    and partly in another county or counties (including the

 

 

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1    Fox Metro Water Reclamation District), then, except as
2    otherwise provided in this Section, such petition for
3    nomination shall be filed in the principal office of the
4    State Board of Elections not more than 113 and not less
5    than 106 days prior to the date of the primary, but, in the
6    case of petitions for nomination to fill a vacancy by
7    special election in the office of representative in
8    Congress from this State, such petition for nomination
9    shall be filed in the principal office of the State Board
10    of Elections not more than 85 days and not less than 82
11    days prior to the date of the primary.
12        Where a vacancy occurs in the office of Supreme,
13    Appellate or Circuit Court Judge within the 3-week period
14    preceding the 106th day before a general primary election,
15    petitions for nomination for the office in which the
16    vacancy has occurred shall be filed in the principal
17    office of the State Board of Elections not more than 92 nor
18    less than 85 days prior to the date of the general primary
19    election.
20        Where the nomination is to be made for delegates or
21    alternate delegates to a national nominating convention,
22    then such petition for nomination shall be filed in the
23    principal office of the State Board of Elections not more
24    than 113 and not less than 106 days prior to the date of
25    the primary; provided, however, that if the rules or
26    policies of a national political party conflict with such

 

 

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1    requirements for filing petitions for nomination for
2    delegates or alternate delegates to a national nominating
3    convention, the chair of the State central committee of
4    such national political party shall notify the Board in
5    writing, citing by reference the rules or policies of the
6    national political party in conflict, and in such case the
7    Board shall direct such petitions to be filed in
8    accordance with the delegate selection plan adopted by the
9    state central committee of such national political party.
10        (2) Where the nomination is to be made for a county
11    office or trustee of a sanitary district then such
12    petition shall be filed in the office of the county clerk
13    not more than 113 nor less than 106 days prior to the date
14    of the primary.
15        (3) Where the nomination is to be made for a municipal
16    or township office, such petitions for nomination shall be
17    filed in the office of the local election official, not
18    more than 99 nor less than 92 days prior to the date of the
19    primary; provided, where a municipality's or township's
20    boundaries are coextensive with or are entirely within the
21    jurisdiction of a municipal board of election
22    commissioners, the petitions shall be filed in the office
23    of such board; and provided, that petitions for the office
24    of multi-township assessor shall be filed with the
25    election authority.
26        (4) The petitions of candidates for State central

 

 

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1    committeeperson shall be filed in the principal office of
2    the State Board of Elections not more than 113 nor less
3    than 106 days prior to the date of the primary.
4        (5) Petitions of candidates for precinct, township or
5    ward committeepersons shall be filed in the office of the
6    county clerk not more than 113 nor less than 106 days prior
7    to the date of the primary.
8        (6) The State Board of Elections and the various
9    election authorities and local election officials with
10    whom such petitions for nominations are filed shall
11    specify the place where filings shall be made and upon
12    receipt shall endorse thereon the day and hour on which
13    each petition was filed. All petitions filed by persons
14    waiting in line as of 8:00 a.m. on the first day for
15    filing, or as of the normal opening hour of the office
16    involved on such day, shall be deemed filed as of 8:00 a.m.
17    or the normal opening hour, as the case may be. Petitions
18    filed by mail and received after midnight of the first day
19    for filing and in the first mail delivery or pickup of that
20    day shall be deemed as filed as of 8:00 a.m. of that day or
21    as of the normal opening hour of such day, as the case may
22    be. All petitions received thereafter shall be deemed as
23    filed in the order of actual receipt. However, 2 or more
24    petitions filed within the last hour of the filing
25    deadline shall be deemed filed simultaneously. Where 2 or
26    more petitions are received simultaneously, the State

 

 

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1    Board of Elections or the various election authorities or
2    local election officials with whom such petitions are
3    filed shall break ties and determine the order of filing,
4    by means of a lottery or other fair and impartial method of
5    random selection approved by the State Board of Elections.
6    Such lottery shall be conducted within 9 days following
7    the last day for petition filing and shall be open to the
8    public. Seven days written notice of the time and place of
9    conducting such random selection shall be given by the
10    State Board of Elections to the chair of the State central
11    committee of each established political party, and by each
12    election authority or local election official, to the
13    County Chair of each established political party, and to
14    each organization of citizens within the election
15    jurisdiction which was entitled, under this Article, at
16    the next preceding election, to have pollwatchers present
17    on the day of election. The State Board of Elections,
18    election authority or local election official shall post
19    in a conspicuous, open and public place, at the entrance
20    of the office, notice of the time and place of such
21    lottery. The State Board of Elections shall adopt rules
22    and regulations governing the procedures for the conduct
23    of such lottery. All candidates shall be certified in the
24    order in which their petitions have been filed. Where
25    candidates have filed simultaneously, they shall be
26    certified in the order determined by lot and prior to

 

 

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1    candidates who filed for the same office at a later time.
2        (7) The State Board of Elections or the appropriate
3    election authority or local election official with whom
4    such a petition for nomination is filed shall notify the
5    person for whom a petition for nomination has been filed
6    of the obligation to file statements of organization,
7    reports of campaign contributions, and annual reports of
8    campaign contributions and expenditures under Article 9 of
9    this Code Act. Such notice shall be given in the manner
10    prescribed by paragraph (7) of Section 9-16 of this Code.
11        (8) Nomination papers filed under this Section are not
12    valid if the candidate named therein fails to file a
13    statement of economic interests as required by the
14    Illinois Governmental Ethics Act in relation to his
15    candidacy with the appropriate officer by the end of the
16    period for the filing of nomination papers unless he has
17    filed a statement of economic interests in relation to the
18    same governmental unit with that officer within a year
19    preceding the date on which such nomination papers were
20    filed. If the nomination papers of any candidate and the
21    statement of economic interest of that candidate are not
22    required to be filed with the same officer, the candidate
23    must file with the officer with whom the nomination papers
24    are filed a receipt from the officer with whom the
25    statement of economic interests is filed showing the date
26    on which such statement was filed. Such receipt shall be

 

 

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1    so filed not later than the last day on which nomination
2    papers may be filed.
3        (9) Except as otherwise provided in this Code, any
4    person for whom a petition for nomination, or for
5    committeeperson or for delegate or alternate delegate to a
6    national nominating convention has been filed may cause
7    his name to be withdrawn by request in writing, signed by
8    him and duly acknowledged before an officer qualified to
9    take acknowledgments of deeds, and filed in the principal
10    or permanent branch office of the State Board of Elections
11    or with the appropriate election authority or local
12    election official, not later than the date of
13    certification of candidates for the consolidated primary
14    or general primary ballot. No names so withdrawn shall be
15    certified or printed on the primary ballot. If petitions
16    for nomination have been filed for the same person with
17    respect to more than one political party, his name shall
18    not be certified nor printed on the primary ballot of any
19    party. If petitions for nomination have been filed for the
20    same person for 2 or more offices which are incompatible
21    so that the same person could not serve in more than one of
22    such offices if elected, that person must withdraw as a
23    candidate for all but one of such offices within the 5
24    business days following the last day for petition filing.
25    A candidate in a judicial election may file petitions for
26    nomination for only one vacancy in a subcircuit and only

 

 

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1    one vacancy in a circuit in any one filing period, and if
2    petitions for nomination have been filed for the same
3    person for 2 or more vacancies in the same circuit or
4    subcircuit in the same filing period, his or her name
5    shall be certified only for the first vacancy for which
6    the petitions for nomination were filed. If he fails to
7    withdraw as a candidate for all but one of such offices
8    within such time his name shall not be certified, nor
9    printed on the primary ballot, for any office. For the
10    purpose of the foregoing provisions, an office in a
11    political party is not incompatible with any other office.
12        (10)(a) Notwithstanding the provisions of any other
13    statute, no primary shall be held for an established
14    political party in any township, municipality, or ward
15    thereof, where the nomination of such party for every
16    office to be voted upon by the electors of such township,
17    municipality, or ward thereof, is uncontested. Whenever a
18    political party's nomination of candidates is uncontested
19    as to one or more, but not all, of the offices to be voted
20    upon by the electors of a township, municipality, or ward
21    thereof, then a primary shall be held for that party in
22    such township, municipality, or ward thereof; provided
23    that the primary ballot shall not include those offices
24    within such township, municipality, or ward thereof, for
25    which the nomination is uncontested. For purposes of this
26    Article, the nomination of an established political party

 

 

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1    of a candidate for election to an office shall be deemed to
2    be uncontested where not more than the number of persons
3    to be nominated have timely filed valid nomination papers
4    seeking the nomination of such party for election to such
5    office.
6        (b) Notwithstanding the provisions of any other
7    statute, no primary election shall be held for an
8    established political party for any special primary
9    election called for the purpose of filling a vacancy in
10    the office of representative in the United States Congress
11    where the nomination of such political party for said
12    office is uncontested. For the purposes of this Article,
13    the nomination of an established political party of a
14    candidate for election to said office shall be deemed to
15    be uncontested where not more than the number of persons
16    to be nominated have timely filed valid nomination papers
17    seeking the nomination of such established party for
18    election to said office. This subsection (b) shall not
19    apply if such primary election is conducted on a regularly
20    scheduled election day.
21        (c) Notwithstanding the provisions in subparagraph (a)
22    and (b) of this paragraph (10), whenever a person who has
23    not timely filed valid nomination papers and who intends
24    to become a write-in candidate for a political party's
25    nomination for any office for which the nomination is
26    uncontested files a written statement or notice of that

 

 

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1    intent with the State Board of Elections or the local
2    election official with whom nomination papers for such
3    office are filed, a primary ballot shall be prepared and a
4    primary shall be held for that office. Such statement or
5    notice shall be filed on or before the date established in
6    this Article for certifying candidates for the primary
7    ballot. Such statement or notice shall contain (i) the
8    name and address of the person intending to become a
9    write-in candidate, (ii) a statement that the person is a
10    qualified primary elector of the political party from whom
11    the nomination is sought, (iii) a statement that the
12    person intends to become a write-in candidate for the
13    party's nomination, and (iv) the office the person is
14    seeking as a write-in candidate. An election authority
15    shall have no duty to conduct a primary and prepare a
16    primary ballot for any office for which the nomination is
17    uncontested unless a statement or notice meeting the
18    requirements of this Section is filed in a timely manner.
19        (11) If multiple sets of nomination papers are filed
20    for a candidate to the same office, the State Board of
21    Elections, appropriate election authority or local
22    election official where the petitions are filed shall
23    within 2 business days notify the candidate of his or her
24    multiple petition filings and that the candidate has 3
25    business days after receipt of the notice to notify the
26    State Board of Elections, appropriate election authority

 

 

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1    or local election official that he or she may cancel prior
2    sets of petitions. If the candidate notifies the State
3    Board of Elections, appropriate election authority or
4    local election official, the last set of petitions filed
5    shall be the only petitions to be considered valid by the
6    State Board of Elections, election authority or local
7    election official. If the candidate fails to notify the
8    State Board of Elections, election authority or local
9    election official then only the first set of petitions
10    filed shall be valid and all subsequent petitions shall be
11    void.
12        (12) All nominating petitions shall be available for
13    public inspection and shall be preserved for a period of
14    not less than 6 months.
15(Source: P.A. 101-523, eff. 8-23-19; 102-15, eff. 6-17-21;
16revised 7-14-21.)
 
17    (10 ILCS 5/10-4)  (from Ch. 46, par. 10-4)
18    Sec. 10-4. Form of petition for nomination. All petitions
19for nomination under this Article 10 for candidates for public
20office in this State, shall in addition to other requirements
21provided by law, be as follows: Such petitions shall consist
22of sheets of uniform size and each sheet shall contain, above
23the space for signature, an appropriate heading, giving the
24information as to name of candidate or candidates in whose
25behalf such petition is signed; the office; the party; place

 

 

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1of residence; and such other information or wording as
2required to make same valid, and the heading of each sheet
3shall be the same. Such petition shall be signed by the
4qualified voters in their own proper persons only, and
5opposite the signature of each signer his residence address
6shall be written or printed. The residence address required to
7be written or printed opposite each qualified primary
8elector's name shall include the street address or rural route
9number of the signer, as the case may be, as well as the
10signer's county, and city, village or town, and state.
11However, the county or city, village or town, and state of
12residence of such electors may be printed on the petition
13forms where all of the electors signing the petition reside in
14the same county or city, village or town, and state. Standard
15abbreviations may be used in writing the residence address,
16including street number, if any. Except as otherwise provided
17in this Code, no signature shall be valid or be counted in
18considering the validity or sufficiency of such petition
19unless the requirements of this Section are complied with. At
20the bottom of each sheet of such petition shall be added a
21circulator's statement, signed by a person 18 years of age or
22older who is a citizen of the United States; stating the street
23address or rural route number, as the case may be, as well as
24the county, city, village or town, and state; certifying that
25the signatures on that sheet of the petition were signed in his
26or her presence; certifying that the signatures are genuine;

 

 

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1and either (1) indicating the dates on which that sheet was
2circulated, or (2) indicating the first and last dates on
3which the sheet was circulated, or (3) certifying that none of
4the signatures on the sheet were signed more than 90 days
5preceding the last day for the filing of the petition; and
6certifying that to the best of his knowledge and belief the
7persons so signing were at the time of signing the petition
8duly registered voters under Article Articles 4, 5, or 6 of
9this the Code of the political subdivision or district for
10which the candidate or candidates shall be nominated, and
11certifying that their respective residences are correctly
12stated therein. Such statement shall be sworn to before some
13officer authorized to administer oaths in this State. Except
14as otherwise provided in this Code, no petition sheet shall be
15circulated more than 90 days preceding the last day provided
16in Section 10-6 for the filing of such petition. Such sheets,
17before being presented to the electoral board or filed with
18the proper officer of the electoral district or division of
19the state or municipality, as the case may be, shall be neatly
20fastened together in book form, by placing the sheets in a pile
21and fastening them together at one edge in a secure and
22suitable manner, and the sheets shall then be numbered
23consecutively. The sheets shall not be fastened by pasting
24them together end to end, so as to form a continuous strip or
25roll. All petition sheets which are filed with the proper
26local election officials, election authorities or the State

 

 

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1Board of Elections shall be the original sheets which have
2been signed by the voters and by the circulator, and not
3photocopies or duplicates of such sheets. A petition, when
4presented or filed, shall not be withdrawn, altered, or added
5to, and no signature shall be revoked except by revocation in
6writing presented or filed with the officers or officer with
7whom the petition is required to be presented or filed, and
8before the presentment or filing of such petition. Whoever
9forges any name of a signer upon any petition shall be deemed
10guilty of a forgery, and on conviction thereof, shall be
11punished accordingly. The word "petition" or "petition for
12nomination", as used herein, shall mean what is sometimes
13known as nomination papers, in distinction to what is known as
14a certificate of nomination. The words "political division for
15which the candidate is nominated", or its equivalent, shall
16mean the largest political division in which all qualified
17voters may vote upon such candidate or candidates, as the
18state in the case of state officers; the township in the case
19of township officers et cetera. Provided, further, that no
20person shall circulate or certify petitions for candidates of
21more than one political party, or for an independent candidate
22or candidates in addition to one political party, to be voted
23upon at the next primary or general election, or for such
24candidates and parties with respect to the same political
25subdivision at the next consolidated election.
26(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
 

 

 

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1    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)
2    Sec. 19-2. Except as otherwise provided in this Code, any
3elector as defined in Section 19-1 may by mail or
4electronically on the website of the appropriate election
5authority, not more than 90 nor less than 5 days prior to the
6date of such election, or by personal delivery not more than 90
7nor less than one day prior to the date of such election, make
8application to the county clerk or to the Board of Election
9Commissioners for an official ballot for the voter's precinct
10to be voted at such election, or to be added to a list of
11permanent vote by mail status voters who receive an official
12vote by mail ballot for subsequent elections. Voters who make
13an application for permanent vote by mail ballot status shall
14follow the procedures specified in Section 19-3. Voters whose
15application for permanent vote by mail status is accepted by
16the election authority shall remain on the permanent vote by
17mail list until the voter requests to be removed from
18permanent vote by mail status, the voter provides notice to
19the election authority of a change in registration, or the
20election authority receives confirmation that the voter has
21subsequently registered to vote in another county. The URL
22address at which voters may electronically request a vote by
23mail ballot shall be fixed no later than 90 calendar days
24before an election and shall not be changed until after the
25election. Such a ballot shall be delivered to the elector only

 

 

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1upon separate application by the elector for each election.
2(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
 
3    Section 12. The Community Development Loan Guarantee Act
4is amended by changing Section 30-1 as follows:
 
5    (15 ILCS 516/30-1)
6    Sec. 30-1. Short title. This Article Act may be cited as
7the Community Development Loan Guarantee Act. References in
8this Article to "this Act" mean this Article.
9(Source: P.A. 101-657, eff. 3-23-21; revised 7-16-21.)
 
10    Section 15. The Department of State Police Law of the
11Civil Administrative Code of Illinois is amended by changing
12Section 2605-53 as follows:
 
13    (20 ILCS 2605/2605-53)
14    Sec. 2605-53. 9-1-1 system; sexual assault and sexual
15abuse.
16    (a) The Office of the Statewide 9-1-1 Administrator, in
17consultation with the Office of the Attorney General and the
18Illinois Law Enforcement Training Standards Board, shall:
19        (1) develop comprehensive guidelines for
20    evidence-based, trauma-informed, victim-centered handling
21    of sexual assault or sexual abuse calls by Public Safety
22    Answering Point telecommunicators; and

 

 

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1        (2) adopt rules and minimum standards for an
2    evidence-based, trauma-informed, victim-centered training
3    curriculum for handling of sexual assault or sexual abuse
4    calls for Public Safety Answering Point telecommunicators
5    ("PSAP").
6    (a-5) Within one year after June 3, 2021 (the effective
7date of Public Act 102-9) this amendatory Act of the 102nd
8General Assembly, the Office of the Statewide 9-1-1
9Administrator, in consultation with the Statewide 9-1-1
10Advisory Board, shall:
11        (1) develop comprehensive guidelines for training on
12    emergency dispatch procedures, including, but not limited
13    to, emergency medical dispatch, and the delivery of 9-1-1
14    services and professionalism for public safety
15    telecommunicators and public safety telecommunicator
16    supervisors; and
17        (2) adopt rules and minimum standards for continuing
18    education on emergency dispatch procedures, including, but
19    not limited to, emergency medical dispatch, and the
20    delivery of 9-1-1 services and professionalism for public
21    safety telecommunicators and public safety
22    telecommunicator Supervisors. ; and
23    (a-10) The Office of the Statewide 9-1-1 Administrator may
24as necessary establish by rule appropriate testing and
25certification processes consistent with the training required
26by this Section.

 

 

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1    (b) Training requirements:
2        (1) Newly hired PSAP telecommunicators must complete
3    the sexual assault and sexual abuse training curriculum
4    established in subsection (a) of this Section prior to
5    handling emergency calls.
6        (2) All existing PSAP telecommunicators shall complete
7    the sexual assault and sexual abuse training curriculum
8    established in subsection (a) of this Section within 2
9    years of January 1, 2017 (the effective date of Public Act
10    99-801) this amendatory Act of the 99th General Assembly.
11        (3) Newly hired public safety telecommunicators shall
12    complete the emergency dispatch procedures training
13    curriculum established in subsection (a-5) of this Section
14    prior to independently handling emergency calls within one
15    year of the Statewide 9-1-1 Administrator establishing the
16    required guidelines, rules, and standards.
17        (4) All public safety telecommunicators and public
18    safety telecommunicator supervisors who were not required
19    to complete new hire training prior to handling emergency
20    calls, must either demonstrate proficiency or complete the
21    training established in subsection (a-5) of this Section
22    within one year of the Statewide 9-1-1 Administrator
23    establishing the required guidelines, rules, and
24    standards.
25        (5) Upon completion of the training required in either
26    paragraph (3) or (4) of this subsection (b), whichever is

 

 

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1    applicable, all public safety telecommunicators and public
2    safety telecommunicator supervisors shall complete the
3    continuing education training regarding the delivery of
4    9-1-1 services and professionalism biennially.
5    (c) The Illinois State Police may adopt rules for the
6administration of this Section.
7(Source: P.A. 102-9, eff. 6-3-21; revised 7-16-21.)
 
8    Section 20. The State Police Act is amended by changing
9Section 17c as follows:
 
10    (20 ILCS 2610/17c)
11    Sec. 17c. Military equipment surplus program.
12    (a) For purposes of this Section:
13    "Bayonet" means a large knife designed to be attached to
14the muzzle of a rifle, shotgun, or long gun for the purpose of
15hand-to-hand combat.
16    "Grenade launcher" means a firearm or firearm accessory
17used to launch fragmentary explosive rounds designed to
18inflict death or cause great bodily harm.
19    "Military equipment surplus program" means any federal or
20State program allowing a law enforcement agency to obtain
21surplus military equipment, including, but not limited limit
22to, any program organized under Section 1122 of the National
23Defense Authorization Act for Fiscal Year 1994 (Pub. L.
24103-160) or Section 1033 of the National Defense Authorization

 

 

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1Act for Fiscal Year 1997 (Pub. L. 104-201), or any program
2established under 10 U.S.C. 2576a.
3    "Tracked armored vehicle" means a vehicle that provides
4ballistic protection to its occupants and utilizes a tracked
5system instead of wheels for forward motion, not including
6vehicles listed in the Authorized Equipment List as published
7by the Federal Emergency Management Agency.
8    "Weaponized aircraft, vessel, or vehicle" means any
9aircraft, vessel, or vehicle with weapons installed.
10    (b) The Illinois State Police shall not request or receive
11from any military equipment surplus program nor purchase or
12otherwise utilize the following equipment:
13        (1) tracked armored vehicles;
14        (2) weaponized aircraft, vessels, or vehicles;
15        (3) firearms of .50-caliber or higher;
16        (4) ammunition of .50-caliber or higher;
17        (5) grenade launchers; or
18        (6) bayonets.
19    (c) If the Illinois State Police request other property
20not prohibited by this Section from a military equipment
21surplus program, the Illinois State Police shall publish
22notice of the request on a publicly accessible website
23maintained by the Illinois State Police within 14 days after
24the request.
25(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
26revised 7-30-21.)
 

 

 

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1    Section 25. The Illinois Future of Work Act is amended by
2changing Section 15 as follows:
 
3    (20 ILCS 4103/15)
4    (Section scheduled to be repealed on January 1, 2024)
5    Sec. 15. Membership; meetings.
6    (a) The members of the Illinois Future of Work Task Force
7shall include and represent the diversity of the people of
8Illinois, and shall be composed of the following:
9        (1) four members, including one representative of the
10    business community and one representative of the labor
11    community, appointed by the Senate President, one of whom
12    shall serve as co-chair;
13        (2) four members, including one representative of the
14    business community and one representative of the labor
15    community, appointed by the Minority Leader of the Senate,
16    one of whom shall serve as co-chair;
17        (3) four members, including one representative of the
18    business community and one representative of the labor
19    community, appointed by the Speaker of the House of
20    Representatives, one of whom shall serve as co-chair;
21        (4) four members, including one representative of the
22    business community and one representative of the labor
23    community, appointed by the Minority Leader of the Speaker
24    of the House of Representatives, one of whom shall serve

 

 

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1    as co-chair;
2        (5) four members, one from each of the following: the
3    business community, the labor community, the environmental
4    community, and the education community that advocate for
5    job growth, appointed by the Governor;
6        (6) three members appointed by the Governor whose
7    professional expertise is at the juncture of work and
8    workers' rights;
9        (7) the Director of Labor or his or her designee;
10        (8) the Director of Commerce and Economic Opportunity
11    or his or her designee;
12        (9) the Director of Employment Security or his or her
13    designee;
14        (10) the Superintendent of the State Board of
15    Education or his or her designee;
16        (11) the Executive Director of the Illinois Community
17    College Board or his or her designee; and
18        (12) the Executive Director of the Board of Higher
19    Education or his or her designee.
20    (b) Appointments for the Illinois Future of Work Task
21Force must be finalized by August 31, 2021. The Illinois
22Future of Work Task Force shall hold one meeting per month for
23a total of 7 meetings, and the first meeting must be held
24within 30 days after appointments are finalized.
25    (c) Members of the Illinois Future of Work Task Force
26shall serve without compensation.

 

 

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1    (d) The Department of Commerce and Economic Opportunity
2shall provide administrative support to the Task Force.
3(Source: P.A. 102-407, eff. 8-19-21; revised 8-25-21.)
 
4    Section 27. The Racial Impact Note Act is amended by
5changing Section 110-5 as follows:
 
6    (25 ILCS 83/110-5)
7    Sec. 110-5. Racial impact note. (a) Every bill which has
8or could have a disparate impact on racial and ethnic
9minorities, upon the request of any member, shall have
10prepared for it, before second reading in the house of
11introduction, a brief explanatory statement or note that shall
12include a reliable estimate of the anticipated impact on those
13racial and ethnic minorities likely to be impacted by the
14bill. Each racial impact note must include, for racial and
15ethnic minorities for which data are available: (i) an
16estimate of how the proposed legislation would impact racial
17and ethnic minorities; (ii) a statement of the methodologies
18and assumptions used in preparing the estimate; (iii) an
19estimate of the racial and ethnic composition of the
20population who may be impacted by the proposed legislation,
21including those persons who may be negatively impacted and
22those persons who may benefit from the proposed legislation;
23and (iv) any other matter that a responding agency considers
24appropriate in relation to the racial and ethnic minorities

 

 

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1likely to be affected by the bill.
2(Source: P.A. 102-4, eff. 4-27-21; revised 7-16-21.)
 
3    Section 30. The State Finance Act is amended by changing
4Section 8.25-4 as follows:
 
5    (30 ILCS 105/8.25-4)  (from Ch. 127, par. 144.25-4)
6    Sec. 8.25-4. All moneys in the Illinois Sports Facilities
7Fund are allocated to and shall be transferred, appropriated,
8and used only for the purposes authorized by, and subject to,
9the limitations and conditions of this Section.
10    All moneys deposited pursuant to Section 13.1 of the State
11Revenue Sharing Act "An Act in relation to State revenue
12sharing with local governmental entities", as amended, and all
13moneys deposited with respect to the $5,000,000 deposit, but
14not the additional $8,000,000 advance applicable before July
151, 2001, or the Advance Amount applicable on and after that
16date, pursuant to Section 6 of the "The Hotel Operators'
17Occupation Tax Act", as amended, into the Illinois Sports
18Facilities Fund shall be credited to the Subsidy Account
19within the Fund. All moneys deposited with respect to the
20additional $8,000,000 advance applicable before July 1, 2001,
21or the Advance Amount applicable on and after that date, but
22not the $5,000,000 deposit, pursuant to Section 6 of the "The
23Hotel Operators' Occupation Tax Act", as amended, into the
24Illinois Sports Facilities Fund shall be credited to the

 

 

10200HB0307sam002- 43 -LRB102 11622 AMC 29966 a

1Advance Account within the Fund. All moneys deposited from any
2transfer pursuant to Section 8g-1 of the State Finance Act
3shall be credited to the Advance Account within the Fund.
4    Beginning with fiscal year 1989 and continuing for each
5fiscal year thereafter through and including fiscal year 2001,
6no less than 30 days before the beginning of such fiscal year
7(except as soon as may be practicable after July 7, 1988 (the
8effective date of Public Act 85-1034) this amendatory Act of
91988 with respect to fiscal year 1989) the Chairman of the
10Illinois Sports Facilities Authority shall certify to the
11State Comptroller and the State Treasurer, without taking into
12account any revenues or receipts of the Authority, the lesser
13of (a) $18,000,000 and (b) the sum of (i) the amount
14anticipated to be required by the Authority during the fiscal
15year to pay principal of and interest on, and other payments
16relating to, its obligations issued or to be issued under
17Section 13 of the Illinois Sports Facilities Authority Act,
18including any deposits required to reserve funds created under
19any indenture or resolution authorizing issuance of the
20obligations and payments to providers of credit enhancement,
21(ii) the amount anticipated to be required by the Authority
22during the fiscal year to pay obligations under the provisions
23of any management agreement with respect to a facility or
24facilities owned by the Authority or of any assistance
25agreement with respect to any facility for which financial
26assistance is provided under the Illinois Sports Facilities

 

 

10200HB0307sam002- 44 -LRB102 11622 AMC 29966 a

1Authority Act, and to pay other capital and operating expenses
2of the Authority during the fiscal year, including any
3deposits required to reserve funds created for repair and
4replacement of capital assets and to meet the obligations of
5the Authority under any management agreement or assistance
6agreement, and (iii) any amounts under (i) and (ii) above
7remaining unpaid from previous years.
8    Beginning with fiscal year 2002 and continuing for each
9fiscal year thereafter, no less than 30 days before the
10beginning of such fiscal year, the Chairman of the Illinois
11Sports Facilities Authority shall certify to the State
12Comptroller and the State Treasurer, without taking into
13account any revenues or receipts of the Authority, the lesser
14of (a) an amount equal to the sum of the Advance Amount plus
15$10,000,000 and (b) the sum of (i) the amount anticipated to be
16required by the Authority during the fiscal year to pay
17principal of and interest on, and other payments relating to,
18its obligations issued or to be issued under Section 13 of the
19Illinois Sports Facilities Authority Act, including any
20deposits required to reserve funds created under any indenture
21or resolution authorizing issuance of the obligations and
22payments to providers of credit enhancement, (ii) the amount
23anticipated to be required by the Authority during the fiscal
24year to pay obligations under the provisions of any management
25agreement with respect to a facility or facilities owned by
26the Authority or any assistance agreement with respect to any

 

 

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1facility for which financial assistance is provided under the
2Illinois Sports Facilities Authority Act, and to pay other
3capital and operating expenses of the Authority during the
4fiscal year, including any deposits required to reserve funds
5created for repair and replacement of capital assets and to
6meet the obligations of the Authority under any management
7agreement or assistance agreement, and (iii) any amounts under
8(i) and (ii) above remaining unpaid from previous years.
9    A copy of any certification made by the Chairman under the
10preceding 2 paragraphs shall be filed with the Governor and
11the Mayor of the City of Chicago. The Chairman may file an
12amended certification from time to time.
13    Subject to sufficient appropriation by the General
14Assembly, beginning with July 1, 1988 and thereafter
15continuing on the first day of each month during each fiscal
16year through and including fiscal year 2001, the Comptroller
17shall order paid and the Treasurer shall pay to the Authority
18the amount in the Illinois Sports Facilities Fund until (x)
19the lesser of $10,000,000 or the amount appropriated for
20payment to the Authority from amounts credited to the Subsidy
21Account and (y) the lesser of $8,000,000 or the difference
22between the amount appropriated for payment to the Authority
23during the fiscal year and $10,000,000 has been paid from
24amounts credited to the Advance Account.
25    Subject to sufficient appropriation by the General
26Assembly, beginning with July 1, 2001, and thereafter

 

 

10200HB0307sam002- 46 -LRB102 11622 AMC 29966 a

1continuing on the first day of each month during each fiscal
2year thereafter, the Comptroller shall order paid and the
3Treasurer shall pay to the Authority the amount in the
4Illinois Sports Facilities Fund until (x) the lesser of
5$10,000,000 or the amount appropriated for payment to the
6Authority from amounts credited to the Subsidy Account and (y)
7the lesser of the Advance Amount or the difference between the
8amount appropriated for payment to the Authority during the
9fiscal year and $10,000,000 has been paid from amounts
10credited to the Advance Account.
11    Provided that all amounts deposited in the Illinois Sports
12Facilities Fund and credited to the Subsidy Account, to the
13extent requested pursuant to the Chairman's certification,
14have been paid, on June 30, 1989, and on June 30 of each year
15thereafter, all amounts remaining in the Subsidy Account of
16the Illinois Sports Facilities Fund shall be transferred by
17the State Treasurer one-half to the General Revenue Fund in
18the State Treasury and one-half to the City Tax Fund. Provided
19that all amounts appropriated from the Illinois Sports
20Facilities Fund, to the extent requested pursuant to the
21Chairman's certification, have been paid, on June 30, 1989,
22and on June 30 of each year thereafter, all amounts remaining
23in the Advance Account of the Illinois Sports Facilities Fund
24shall be transferred by the State Treasurer to the General
25Revenue Fund in the State Treasury.
26    For purposes of this Section, the term "Advance Amount"

 

 

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1means, for fiscal year 2002, $22,179,000, and for subsequent
2fiscal years through fiscal year 2033, 105.615% of the Advance
3Amount for the immediately preceding fiscal year, rounded up
4to the nearest $1,000.
5(Source: P.A. 102-16, Article 2, Section 2-5, eff. 6-17-21;
6102-16, Article 6, Section 6-5, eff. 6-17-21; revised
77-17-21.)
 
8    Section 35. The Illinois Procurement Code is amended by
9changing Sections 35-30 and 50-85 as follows:
 
10    (30 ILCS 500/35-30)
11    (Text of Section before amendment by P.A. 101-657, Article
1240, Section 40-125)
13    Sec. 35-30. Awards.
14    (a) All State contracts for professional and artistic
15services, except as provided in this Section, shall be awarded
16using the competitive request for proposal process outlined in
17this Section. The scoring for requests for proposals shall
18include the commitment to diversity factors and methodology
19described in subsection (e-5) of Section 20-15.
20    (b) For each contract offered, the chief procurement
21officer, State purchasing officer, or his or her designee
22shall use the appropriate standard solicitation forms
23available from the chief procurement officer for matters other
24than construction or the higher education chief procurement

 

 

10200HB0307sam002- 48 -LRB102 11622 AMC 29966 a

1officer.
2    (c) Prepared forms shall be submitted to the chief
3procurement officer for matters other than construction or the
4higher education chief procurement officer, whichever is
5appropriate, for publication in its Illinois Procurement
6Bulletin and circulation to the chief procurement officer for
7matters other than construction or the higher education chief
8procurement officer's list of prequalified vendors. Notice of
9the offer or request for proposal shall appear at least 14
10calendar days before the response to the offer is due.
11    (d) All interested respondents shall return their
12responses to the chief procurement officer for matters other
13than construction or the higher education chief procurement
14officer, whichever is appropriate, which shall open and record
15them. The chief procurement officer for matters other than
16construction or higher education chief procurement officer
17then shall forward the responses, together with any
18information it has available about the qualifications and
19other State work of the respondents.
20    (e) After evaluation, ranking, and selection, the
21responsible chief procurement officer, State purchasing
22officer, or his or her designee shall notify the chief
23procurement officer for matters other than construction or the
24higher education chief procurement officer, whichever is
25appropriate, of the successful respondent and shall forward a
26copy of the signed contract for the chief procurement officer

 

 

10200HB0307sam002- 49 -LRB102 11622 AMC 29966 a

1for matters other than construction or higher education chief
2procurement officer's file. The chief procurement officer for
3matters other than construction or higher education chief
4procurement officer shall publish the names of the responsible
5procurement decision-maker, the agency letting the contract,
6the successful respondent, a contract reference, and value of
7the let contract in the next appropriate volume of the
8Illinois Procurement Bulletin.
9    (f) For all professional and artistic contracts with
10annualized value that exceeds $100,000, evaluation and ranking
11by price are required. Any chief procurement officer or State
12purchasing officer, but not their designees, may select a
13respondent other than the lowest respondent by price. In any
14case, when the contract exceeds the $100,000 threshold and the
15lowest respondent is not selected, the chief procurement
16officer or the State purchasing officer shall forward together
17with the contract notice of who the low respondent by price was
18and a written decision as to why another was selected to the
19chief procurement officer for matters other than construction
20or the higher education chief procurement officer, whichever
21is appropriate. The chief procurement officer for matters
22other than construction or higher education chief procurement
23officer shall publish as provided in subsection (e) of Section
2435-30, but shall include notice of the chief procurement
25officer's or State purchasing officer's written decision.
26    (g) The chief procurement officer for matters other than

 

 

10200HB0307sam002- 50 -LRB102 11622 AMC 29966 a

1construction and higher education chief procurement officer
2may each refine, but not contradict, this Section by
3promulgating rules for submission to the Procurement Policy
4Board and then to the Joint Committee on Administrative Rules.
5Any refinement shall be based on the principles and procedures
6of the federal Architect-Engineer Selection Law, Public Law
792-582 Brooks Act, and the Architectural, Engineering, and
8Land Surveying Qualifications Based Selection Act; except that
9pricing shall be an integral part of the selection process.
10(Source: P.A. 100-43, eff. 8-9-17; 101-657, Article 5, Section
115-5, eff. 7-1-21 (See Section 25 of P.A. 102-29 for effective
12date of P.A. 101-657, Article 5, Section 5-5).)
 
13    (Text of Section after amendment by P.A. 101-657, Article
1440, Section 40-125)
15    Sec. 35-30. Awards.
16    (a) All State contracts for professional and artistic
17services, except as provided in this Section, shall be awarded
18using the competitive request for proposal process outlined in
19this Section. The scoring for requests for proposals shall
20include the commitment to diversity factors and methodology
21described in subsection (e-5) of Section 20-15.
22    (b) For each contract offered, the chief procurement
23officer, State purchasing officer, or his or her designee
24shall use the appropriate standard solicitation forms
25available from the chief procurement officer for matters other

 

 

10200HB0307sam002- 51 -LRB102 11622 AMC 29966 a

1than construction or the higher education chief procurement
2officer.
3    (c) Prepared forms shall be submitted to the chief
4procurement officer for matters other than construction or the
5higher education chief procurement officer, whichever is
6appropriate, for publication in its Illinois Procurement
7Bulletin and circulation to the chief procurement officer for
8matters other than construction or the higher education chief
9procurement officer's list of prequalified vendors. Notice of
10the offer or request for proposal shall appear at least 14
11calendar days before the response to the offer is due.
12    (d) All interested respondents shall return their
13responses to the chief procurement officer for matters other
14than construction or the higher education chief procurement
15officer, whichever is appropriate, which shall open and record
16them. The chief procurement officer for matters other than
17construction or higher education chief procurement officer
18then shall forward the responses, together with any
19information it has available about the qualifications and
20other State work of the respondents.
21    (e) After evaluation, ranking, and selection, the
22responsible chief procurement officer, State purchasing
23officer, or his or her designee shall notify the chief
24procurement officer for matters other than construction or the
25higher education chief procurement officer, whichever is
26appropriate, of the successful respondent and shall forward a

 

 

10200HB0307sam002- 52 -LRB102 11622 AMC 29966 a

1copy of the signed contract for the chief procurement officer
2for matters other than construction or higher education chief
3procurement officer's file. The chief procurement officer for
4matters other than construction or higher education chief
5procurement officer shall publish the names of the responsible
6procurement decision-maker, the agency letting the contract,
7the successful respondent, a contract reference, and value of
8the let contract in the next appropriate volume of the
9Illinois Procurement Bulletin.
10    (f) For all professional and artistic contracts with
11annualized value that exceeds $100,000, evaluation and ranking
12by price are required. Any chief procurement officer or State
13purchasing officer, but not their designees, may select a
14respondent other than the lowest respondent by price. In any
15case, when the contract exceeds the $100,000 threshold and the
16lowest respondent is not selected, the chief procurement
17officer or the State purchasing officer shall forward together
18with the contract notice of who the low respondent by price was
19and a written decision as to why another was selected to the
20chief procurement officer for matters other than construction
21or the higher education chief procurement officer, whichever
22is appropriate. The chief procurement officer for matters
23other than construction or higher education chief procurement
24officer shall publish as provided in subsection (e) of Section
2535-30, but shall include notice of the chief procurement
26officer's or State purchasing officer's written decision.

 

 

10200HB0307sam002- 53 -LRB102 11622 AMC 29966 a

1    (g) The chief procurement officer for matters other than
2construction and higher education chief procurement officer
3may each refine, but not contradict, this Section by
4promulgating rules for submission to the Procurement Policy
5Board and the Commission on Equity and Inclusion and then to
6the Joint Committee on Administrative Rules. Any refinement
7shall be based on the principles and procedures of the federal
8Architect-Engineer Selection Law, Public Law 92-582 Brooks
9Act, and the Architectural, Engineering, and Land Surveying
10Qualifications Based Selection Act; except that pricing shall
11be an integral part of the selection process.
12(Source: P.A. 100-43, eff. 8-9-17; 101-657, Article 5, Section
135-5, eff. 7-1-21 (See Section 25 of P.A. 102-29 for effective
14date of P.A. 101-657, Article 5, Section 5-5); 101-657,
15Article 40, Section 40-125, eff. 1-1-22; revised 7-13-21.)
 
16    (30 ILCS 500/50-85)
17    Sec. 50-85. Diversity training. (a) Each chief procurement
18officer, State purchasing officer, procurement compliance
19monitor, applicable support staff of each chief procurement
20officer, State agency purchasing and contracting staff, those
21identified under subsection (c) of Section 5-45 of the State
22Officials and Employees Ethics Act who have the authority to
23participate personally and substantially in the award of State
24contracts, and any other State agency staff with substantial
25procurement and contracting responsibilities as determined by

 

 

10200HB0307sam002- 54 -LRB102 11622 AMC 29966 a

1the chief procurement officer, in consultation with the State
2agency, shall complete annual training for diversity and
3inclusion. Each chief procurement officer shall prescribe the
4program of diversity and inclusion training appropriate for
5each chief procurement officer's jurisdiction.
6(Source: P.A. 101-657, eff. 7-1-21 (See Section 25 of P.A.
7102-29 for effective date of P.A. 101-657, Article 5, Section
85-5); revised 7-23-21.)
 
9    Section 40. The Commission on Equity and Inclusion Act is
10amended by changing Section 40-1 as follows:
 
11    (30 ILCS 574/40-1)
12    (This Section may contain text from a Public Act with a
13delayed effective date)
14    Sec. 40-1. Short title. This Article Act may be cited as
15the Commission on Equity and Inclusion Act. References in this
16Article to "this Act" mean this Article.
17(Source: P.A. 101-657, eff. 1-1-22; revised 7-16-21.)
 
18    Section 45. The Illinois Income Tax Act is amended by
19changing Sections 211 and 905 as follows:
 
20    (35 ILCS 5/211)
21    Sec. 211. Economic Development for a Growing Economy Tax
22Credit. For tax years beginning on or after January 1, 1999, a

 

 

10200HB0307sam002- 55 -LRB102 11622 AMC 29966 a

1Taxpayer who has entered into an Agreement (including a New
2Construction EDGE Agreement) under the Economic Development
3for a Growing Economy Tax Credit Act is entitled to a credit
4against the taxes imposed under subsections (a) and (b) of
5Section 201 of this Act in an amount to be determined in the
6Agreement. If the Taxpayer is a partnership or Subchapter S
7corporation, the credit shall be allowed to the partners or
8shareholders in accordance with the determination of income
9and distributive share of income under Sections 702 and 704
10and subchapter S of the Internal Revenue Code. The Department,
11in cooperation with the Department of Commerce and Economic
12Opportunity, shall prescribe rules to enforce and administer
13the provisions of this Section. This Section is exempt from
14the provisions of Section 250 of this Act.
15    The credit shall be subject to the conditions set forth in
16the Agreement and the following limitations:
17        (1) The tax credit shall not exceed the Incremental
18    Income Tax (as defined in Section 5-5 of the Economic
19    Development for a Growing Economy Tax Credit Act) with
20    respect to the project; additionally, the New Construction
21    EDGE Credit shall not exceed the New Construction EDGE
22    Incremental Income Tax (as defined in Section 5-5 of the
23    Economic Development for a Growing Economy Tax Credit
24    Act).
25        (2) The amount of the credit allowed during the tax
26    year plus the sum of all amounts allowed in prior years

 

 

10200HB0307sam002- 56 -LRB102 11622 AMC 29966 a

1    shall not exceed 100% of the aggregate amount expended by
2    the Taxpayer during all prior tax years on approved costs
3    defined by Agreement.
4        (3) The amount of the credit shall be determined on an
5    annual basis. Except as applied in a carryover year
6    pursuant to Section 211(4) of this Act, the credit may not
7    be applied against any State income tax liability in more
8    than 10 taxable years; provided, however, that (i) an
9    eligible business certified by the Department of Commerce
10    and Economic Opportunity under the Corporate Headquarters
11    Relocation Act may not apply the credit against any of its
12    State income tax liability in more than 15 taxable years
13    and (ii) credits allowed to that eligible business are
14    subject to the conditions and requirements set forth in
15    Sections 5-35 and 5-45 of the Economic Development for a
16    Growing Economy Tax Credit Act and Section 5-51 as
17    applicable to New Construction EDGE Credits.
18        (4) The credit may not exceed the amount of taxes
19    imposed pursuant to subsections (a) and (b) of Section 201
20    of this Act. Any credit that is unused in the year the
21    credit is computed may be carried forward and applied to
22    the tax liability of the 5 taxable years following the
23    excess credit year, except as otherwise provided under
24    paragraph (4.5) of this Section. The credit shall be
25    applied to the earliest year for which there is a tax
26    liability. If there are credits from more than one tax

 

 

10200HB0307sam002- 57 -LRB102 11622 AMC 29966 a

1    year that are available to offset a liability, the earlier
2    credit shall be applied first.
3        (4.5) The Department of Commerce and Economic
4    Opportunity, in consultation with the Department of
5    Revenue, shall adopt rules to extend the sunset of any
6    earned, existing, or unused credit as provided for in
7    Section 605-1055 of the Department of Commerce and
8    Economic Opportunity Law of the Civil Administrative Code
9    of Illinois.
10        (5) No credit shall be allowed with respect to any
11    Agreement for any taxable year ending after the
12    Noncompliance Date. Upon receiving notification by the
13    Department of Commerce and Economic Opportunity of the
14    noncompliance of a Taxpayer with an Agreement, the
15    Department shall notify the Taxpayer that no credit is
16    allowed with respect to that Agreement for any taxable
17    year ending after the Noncompliance Date, as stated in
18    such notification. If any credit has been allowed with
19    respect to an Agreement for a taxable year ending after
20    the Noncompliance Date for that Agreement, any refund paid
21    to the Taxpayer for that taxable year shall, to the extent
22    of that credit allowed, be an erroneous refund within the
23    meaning of Section 912 of this Act.
24        If, during any taxable year, a taxpayer ceases
25    operations at a project location that is the subject of
26    that Agreement with the intent to terminate operations in

 

 

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1    the State, the tax imposed under subsections (a) and (b)
2    of Section 201 of this Act for such taxable year shall be
3    increased by the amount of any credit allowed under the
4    Agreement for that project location prior to the date the
5    taxpayer ceases operations.
6        (6) For purposes of this Section, the terms
7    "Agreement", "Incremental Income Tax", "New Construction
8    EDGE Agreement", "New Construction EDGE Credit", "New
9    Construction EDGE Incremental Income Tax", and
10    "Noncompliance Date" have the same meaning as when used in
11    the Economic Development for a Growing Economy Tax Credit
12    Act.
13(Source: P.A. 101-9, eff. 6-5-19; 102-16, eff. 6-17-21;
14102-40, eff. 6-25-21; revised 7-15-21.)
 
15    (35 ILCS 5/905)  (from Ch. 120, par. 9-905)
16    Sec. 905. Limitations on notices of deficiency.
17    (a) In general. Except as otherwise provided in this Act:
18        (1) A notice of deficiency shall be issued not later
19    than 3 years after the date the return was filed, and
20        (2) No deficiency shall be assessed or collected with
21    respect to the year for which the return was filed unless
22    such notice is issued within such period.
23    (a-5) Notwithstanding any other provision of this Act to
24the contrary, for any taxable year included in a claim for
25credit or refund for which the statute of limitations for

 

 

10200HB0307sam002- 59 -LRB102 11622 AMC 29966 a

1issuing a notice of deficiency under this Act will expire less
2than 6 months after the date a taxpayer files the claim for
3credit or refund, the statute of limitations is automatically
4extended for 6 months from the date it would have otherwise
5expired.
6    (b) Substantial omission of items.
7        (1) Omission of more than 25% of income. If the
8    taxpayer omits from base income an amount properly
9    includible therein which is in excess of 25% of the amount
10    of base income stated in the return, a notice of
11    deficiency may be issued not later than 6 years after the
12    return was filed. For purposes of this paragraph, there
13    shall not be taken into account any amount which is
14    omitted in the return if such amount is disclosed in the
15    return, or in a statement attached to the return, in a
16    manner adequate to apprise the Department of the nature
17    and the amount of such item.
18        (2) Reportable transactions. If a taxpayer fails to
19    include on any return or statement for any taxable year
20    any information with respect to a reportable transaction,
21    as required under Section 501(b) of this Act, a notice of
22    deficiency may be issued not later than 6 years after the
23    return is filed with respect to the taxable year in which
24    the taxpayer participated in the reportable transaction
25    and said deficiency is limited to the non-disclosed item.
26        (3) Withholding. If an employer omits from a return

 

 

10200HB0307sam002- 60 -LRB102 11622 AMC 29966 a

1    required under Section 704A of this Act for any period
2    beginning on or after January 1, 2013, an amount required
3    to be withheld and to be reported on that return which is
4    in excess of 25% of the total amount of withholding
5    required to be reported on that return, a notice of
6    deficiency may be issued not later than 6 years after the
7    return was filed.
8    (c) No return or fraudulent return. If no return is filed
9or a false and fraudulent return is filed with intent to evade
10the tax imposed by this Act, a notice of deficiency may be
11issued at any time. For purposes of this subsection (c), any
12taxpayer who is required to join in the filing of a return
13filed under the provisions of subsection (e) of Section 502 of
14this Act for a taxable year ending on or after December 31,
152013 and who is not included on that return and does not file
16its own return for that taxable year shall be deemed to have
17failed to file a return; provided that the amount of any
18proposed assessment set forth in a notice of deficiency issued
19under this subsection (c) shall be limited to the amount of any
20increase in liability under this Act that should have reported
21on the return required under the provisions of subsection (e)
22of Section 502 of this Act for that taxable year resulting from
23proper inclusion of that taxpayer on that return.
24    (d) Failure to report federal change. If a taxpayer fails
25to notify the Department in any case where notification is
26required by Section 304(c) or 506(b), or fails to report a

 

 

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1change or correction which is treated in the same manner as if
2it were a deficiency for federal income tax purposes, a notice
3of deficiency may be issued (i) at any time or (ii) on or after
4August 13, 1999, at any time for the taxable year for which the
5notification is required or for any taxable year to which the
6taxpayer may carry an Article 2 credit, or a Section 207 loss,
7earned, incurred, or used in the year for which the
8notification is required; provided, however, that the amount
9of any proposed assessment set forth in the notice shall be
10limited to the amount of any deficiency resulting under this
11Act from the recomputation of the taxpayer's net income,
12Article 2 credits, or Section 207 loss earned, incurred, or
13used in the taxable year for which the notification is
14required after giving effect to the item or items required to
15be reported.
16    (e) Report of federal change.
17        (1) Before August 13, 1999, in any case where
18    notification of an alteration is given as required by
19    Section 506(b), a notice of deficiency may be issued at
20    any time within 2 years after the date such notification
21    is given, provided, however, that the amount of any
22    proposed assessment set forth in such notice shall be
23    limited to the amount of any deficiency resulting under
24    this Act from recomputation of the taxpayer's net income,
25    net loss, or Article 2 credits for the taxable year after
26    giving effect to the item or items reflected in the

 

 

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1    reported alteration.
2        (2) On and after August 13, 1999, in any case where
3    notification of an alteration is given as required by
4    Section 506(b), a notice of deficiency may be issued at
5    any time within 2 years after the date such notification
6    is given for the taxable year for which the notification
7    is given or for any taxable year to which the taxpayer may
8    carry an Article 2 credit, or a Section 207 loss, earned,
9    incurred, or used in the year for which the notification
10    is given, provided, however, that the amount of any
11    proposed assessment set forth in such notice shall be
12    limited to the amount of any deficiency resulting under
13    this Act from recomputation of the taxpayer's net income,
14    Article 2 credits, or Section 207 loss earned, incurred,
15    or used in the taxable year for which the notification is
16    given after giving effect to the item or items reflected
17    in the reported alteration.
18    (f) Extension by agreement. Where, before the expiration
19of the time prescribed in this Section for the issuance of a
20notice of deficiency, both the Department and the taxpayer
21shall have consented in writing to its issuance after such
22time, such notice may be issued at any time prior to the
23expiration of the period agreed upon. In the case of a taxpayer
24who is a partnership, Subchapter S corporation, or trust and
25who enters into an agreement with the Department pursuant to
26this subsection on or after January 1, 2003, a notice of

 

 

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1deficiency may be issued to the partners, shareholders, or
2beneficiaries of the taxpayer at any time prior to the
3expiration of the period agreed upon. Any proposed assessment
4set forth in the notice, however, shall be limited to the
5amount of any deficiency resulting under this Act from
6recomputation of items of income, deduction, credits, or other
7amounts of the taxpayer that are taken into account by the
8partner, shareholder, or beneficiary in computing its
9liability under this Act. The period so agreed upon may be
10extended by subsequent agreements in writing made before the
11expiration of the period previously agreed upon.
12    (g) Erroneous refunds. In any case in which there has been
13an erroneous refund of tax payable under this Act, a notice of
14deficiency may be issued at any time within 2 years from the
15making of such refund, or within 5 years from the making of
16such refund if it appears that any part of the refund was
17induced by fraud or the misrepresentation of a material fact,
18provided, however, that the amount of any proposed assessment
19set forth in such notice shall be limited to the amount of such
20erroneous refund.
21    Beginning July 1, 1993, in any case in which there has been
22a refund of tax payable under this Act attributable to a net
23loss carryback as provided for in Section 207, and that refund
24is subsequently determined to be an erroneous refund due to a
25reduction in the amount of the net loss which was originally
26carried back, a notice of deficiency for the erroneous refund

 

 

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1amount may be issued at any time during the same time period in
2which a notice of deficiency can be issued on the loss year
3creating the carryback amount and subsequent erroneous refund.
4The amount of any proposed assessment set forth in the notice
5shall be limited to the amount of such erroneous refund.
6    (h) Time return deemed filed. For purposes of this Section
7a tax return filed before the last day prescribed by law
8(including any extension thereof) shall be deemed to have been
9filed on such last day.
10    (i) Request for prompt determination of liability. For
11purposes of subsection (a)(1), in the case of a tax return
12required under this Act in respect of a decedent, or by his
13estate during the period of administration, or by a
14corporation, the period referred to in such Subsection shall
15be 18 months after a written request for prompt determination
16of liability is filed with the Department (at such time and in
17such form and manner as the Department shall by regulations
18prescribe) by the executor, administrator, or other fiduciary
19representing the estate of such decedent, or by such
20corporation, but not more than 3 years after the date the
21return was filed. This subsection shall not apply in the case
22of a corporation unless:
23        (1) (A) such written request notifies the Department
24    that the corporation contemplates dissolution at or before
25    the expiration of such 18-month period, (B) the
26    dissolution is begun in good faith before the expiration

 

 

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1    of such 18-month period, and (C) the dissolution is
2    completed;
3        (2) (A) such written request notifies the Department
4    that a dissolution has in good faith been begun, and (B)
5    the dissolution is completed; or
6        (3) a dissolution has been completed at the time such
7    written request is made.
8    (j) Withholding tax. In the case of returns required under
9Article 7 of this Act (with respect to any amounts withheld as
10tax or any amounts required to have been withheld as tax) a
11notice of deficiency shall be issued not later than 3 years
12after the 15th day of the 4th month following the close of the
13calendar year in which such withholding was required.
14    (k) Penalties for failure to make information reports. A
15notice of deficiency for the penalties provided by Subsection
161405.1(c) of this Act may not be issued more than 3 years after
17the due date of the reports with respect to which the penalties
18are asserted.
19    (l) Penalty for failure to file withholding returns. A
20notice of deficiency for penalties provided by Section 1004 of
21this Act for the taxpayer's failure to file withholding
22returns may not be issued more than three years after the 15th
23day of the 4th month following the close of the calendar year
24in which the withholding giving rise to the taxpayer's
25obligation to file those returns occurred.
26    (m) Transferee liability. A notice of deficiency may be

 

 

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1issued to a transferee relative to a liability asserted under
2Section 1405 during time periods defined as follows:
3        (1) 1) Initial Transferee. In the case of the
4    liability of an initial transferee, up to 2 years after
5    the expiration of the period of limitation for assessment
6    against the transferor, except that if a court proceeding
7    for review of the assessment against the transferor has
8    begun, then up to 2 years after the return of the certified
9    copy of the judgment in the court proceeding.
10        (2) 2) Transferee of Transferee. In the case of the
11    liability of a transferee, up to 2 years after the
12    expiration of the period of limitation for assessment
13    against the preceding transferee, but not more than 3
14    years after the expiration of the period of limitation for
15    assessment against the initial transferor; except that if,
16    before the expiration of the period of limitation for the
17    assessment of the liability of the transferee, a court
18    proceeding for the collection of the tax or liability in
19    respect thereof has been begun against the initial
20    transferor or the last preceding transferee, as the case
21    may be, then the period of limitation for assessment of
22    the liability of the transferee shall expire 2 years after
23    the return of the certified copy of the judgment in the
24    court proceeding.
25    (n) Notice of decrease in net loss. On and after August 23,
262002, no notice of deficiency shall be issued as the result of

 

 

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1a decrease determined by the Department in the net loss
2incurred by a taxpayer in any taxable year ending prior to
3December 31, 2002 under Section 207 of this Act unless the
4Department has notified the taxpayer of the proposed decrease
5within 3 years after the return reporting the loss was filed or
6within one year after an amended return reporting an increase
7in the loss was filed, provided that in the case of an amended
8return, a decrease proposed by the Department more than 3
9years after the original return was filed may not exceed the
10increase claimed by the taxpayer on the original return.
11(Source: P.A. 102-40, eff. 6-25-21; revised 8-3-21.)
 
12    Section 50. The Local Government Revenue Recapture Act is
13amended by changing Sections 5-20 and 10-30 as follows:
 
14    (50 ILCS 355/5-20)
15    Sec. 5-20. Retention, collection, disclosure, and
16destruction of financial information.
17    (a) A third party in possession of a taxpayer's financial
18information must permanently destroy that financial
19information pursuant to this Act. The financial information
20shall be destroyed upon the soonest of the following to occur:
21        (1) if the taxpayer is not referred to the Department,
22    within 30 days after receipt of the taxpayer's financial
23    information from either the municipality or county, unless
24    the third party is monitoring disbursements from the

 

 

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1    Department on an ongoing basis for a municipality or
2    county, in which case, the financial information shall be
3    destroyed no later than 3 years after receipt; or
4        (2) within 30 days after the Department receives a
5    taxpayer audit referral from a third party referring the
6    taxpayer to the Department for additional review.
7    (b) No third party in possession of financial information
8may sell, lease, trade, market, or otherwise utilize or profit
9from a taxpayer's financial information. The municipality or
10county may, however, negotiate a fee with the third party. The
11fee may be in the form of a contingency fee for a percentage of
12the amount of additional distributions the municipality or
13county receives for no more than 3 years following the first
14disbursement to the municipality or county as a result of the
15services of the third party under this Act.
16    (c) No third party may permanently or temporarily collect,
17capture, purchase, use, receive through trade, or otherwise
18retain a taxpayer's financial information beyond the scope of
19subsection (a) of this Section.
20    (d) No third party in possession of confidential
21information may disclose, redisclose, share, or otherwise
22disseminate a taxpayer's financial information.
23    (e) A third party must dispose of the materials containing
24financial information in a manner that renders the financial
25information unreadable, unusable, and undecipherable. Proper
26disposal methods include, but are not limited to, the

 

 

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1following:
2        (1) in the case of paper documents, burning,
3    pulverizing, or shredding so that the information cannot
4    practicably be read or reconstructed; and
5        (2) in the case of electronic media and other
6    non-paper media containing information, destroying or
7    erasing so that information cannot practicably be read,
8    reconstructed, or otherwise utilized by the third party or
9    others.
10(Source: P.A. 101-628, eff. 6-1-20; 102-40, eff. 6-25-21;
11revised 8-3-21.)
 
12    (50 ILCS 355/10-30)
13    Sec. 10-30. Local government revenue recapture audit
14referral.
15    (a) A third party shall not refer a taxpayer to the
16Department for audit consideration unless the third party is
17registered with the Department pursuant to Section 5-35.
18    (b) If, based on a review of the financial information
19provided by the Department to a municipality or county, or
20provided by a municipality or county to a registered third
21party, the municipality or county discovers that a taxpayer
22may have underpaid local retailers' or service occupation
23taxes, then it may refer the matter to the Department for audit
24consideration. The tax compliance referral may be made only by
25the municipality, county, or third party and shall be made in

 

 

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1the form and manner required by the Department, including any
2requirement that the referral be submitted electronically. The
3tax compliance referral shall, at a minimum, include proof of
4registration as a third party, a copy of a contract between the
5third party and the county or municipality, the taxpayer's
6name, Department account identification number, mailing
7address, and business location, and the specific reason for
8the tax compliance referral, including as much detail as
9possible.
10    (c) The Department shall complete its evaluation of all
11audit referrals under this Act within 90 days after receipt of
12the referral and shall handle all audit referrals as follows:
13        (1) the Department shall evaluate the referral to
14    determine whether it is sufficient to warrant further
15    action based on the information provided in the referral,
16    any other information the Department possesses, and audit
17    selection procedures of the Department;
18        (2) if the Department determines that the referral is
19    not actionable, then the Department shall notify the local
20    government that it has evaluated the referral and has
21    determined that no action is deemed necessary and provide
22    the local government with an explanation for that
23    decision, including, but not limited to, an explanation
24    that (i) the Department has previously conducted an audit;
25    (ii) the Department is in the process of conducting an
26    investigation or other examination of the taxpayer's

 

 

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1    records; (iii) the taxpayer has already been referred to
2    the Department and the Department determined an audit
3    referral is not actionable; (iv) the Department or a
4    qualified practitioner has previously conducted an audit
5    after referral under this Section 10-30; or (v) for just
6    cause;
7        (3) if the Department determines that the referral is
8    actionable, then it shall determine whether the taxpayer
9    is currently under audit or scheduled for audit by the
10    Department;
11            (A) if the taxpayer is not currently under audit
12        by the Department or scheduled for audit by the
13        Department, the Department shall determine whether it
14        will schedule the taxpayer for audit; and
15            (B) if the taxpayer is not under audit by the
16        Department and the Department decides under
17        subparagraph (A) not to schedule the taxpayer for
18        audit by the Department, then the Department shall
19        notify the taxpayer that the Department has received
20        an actionable audit referral on the taxpayer and issue
21        a notice to the taxpayer as provided under subsection
22        (d) of this Section.
23    (d) The notice to the taxpayer required by subparagraph
24(B) of paragraph (3) of subsection (c) shall include, but not
25be limited to, the following:
26        (1) that the taxpayer must either: (A) engage a

 

 

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1    qualified practitioner, at the taxpayer's expense, to
2    complete a certified audit, limited in scope to the
3    taxpayer's Retailers' Occupation Tax, Use Tax, Service
4    Occupation Tax, or Service Use Tax liability, and the
5    taxpayer's liability for any local retailers' or service
6    occupation tax administered by the Department; or (B) be
7    subject to audit by the Department;
8        (2) that, as an incentive, for taxpayers who agree to
9    the limited-scope certified audit, the Department shall
10    abate penalties as provided in Section 10-20; and
11        (3) A statement that reads: "[INSERT THE NAME OF THE
12    ELECTED CHIEF EXECUTIVE OF THE CORPORATE AUTHORITY] has
13    contracted with [INSERT THIRD PARTY] to review your
14    Retailers' Occupation Tax, Use Tax, Service Occupation
15    Tax, Service Use Tax, and any local retailers' or service
16    occupation taxes reported to the Illinois Department of
17    Revenue ("Department"). [INSERT THE NAME OF THE ELECTED
18    CHIEF EXECUTIVE OF THE CORPORATE AUTHORITY] and [INSERT
19    THE THIRD PARTY] have selected and referred your business
20    to the Department for a certified audit of your Retailers'
21    Occupation Tax, Use Tax, Service Occupation Tax, Service
22    Use Tax, and any local retailers' or service occupation
23    taxes reported to the Department pursuant to the Local
24    Government Revenue Recapture Act. The purpose of the audit
25    is to verify that your business reported and submitted the
26    proper Retailers' Occupation Tax, Use Tax, Service

 

 

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1    Occupation Tax, Service Use Tax, and any local retailers'
2    or service occupation taxes administered by the
3    Department. The Department is required to disclose your
4    confidential financial information to [INSERT THE NAME OF
5    THE ELECTED CHIEF EXECUTIVE OF THE CORPORATE AUTHORITY]
6    and [INSERT THE THIRD PARTY]. Additional information can
7    be accessed from the Department's website and publications
8    for a basic overview of your rights as a Taxpayer. If you
9    have questions regarding your business's referral to the
10    Department for audit, please contact [CORPORATE
11    AUTHORITY'S] mayor, village president, or any other person
12    serving as [CORPORATE AUTHORITY'S] chief executive officer
13    or chief financial officer. [INSERT THIRD PARTY] is
14    prohibited from discussing this matter with you directly
15    or indirectly in any manner regardless of who initiates
16    the contact. If [INSERT THIRD PARTY] contacts you, please
17    contact the Department.".
18    (e) Within 90 days after notice by the Department, the
19taxpayer must respond by stating in writing whether it will or
20will not arrange for the performance of a certified audit
21under this Act. If the taxpayer states that it will arrange for
22the performance of a certified audit, then it must do so within
2360 days after responding to the Department or within 90 days
24after notice by the Department, whichever comes first. If the
25taxpayer states that it will not arrange for the performance
26of a certified audit or if the taxpayer does not arrange for

 

 

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1the performance of a certified audit within 180 days after
2notice by the Department, then the Department may schedule the
3taxpayer for audit by the Department.
4    (f) The certified audit must not be a contingent-fee
5engagement and must be completed in accordance with this
6Article 10.
7(Source: P.A. 101-628, eff. 6-1-20; 102-40, eff. 6-25-21;
8revised 8-3-21.)
 
9    Section 55. The Illinois Police Training Act is amended by
10changing Section 6 as follows:
 
11    (50 ILCS 705/6)  (from Ch. 85, par. 506)
12    (Text of Section before amendment by P.A. 101-652)
13    Sec. 6. Powers and duties of the Board; selection and
14certification of schools. The Board shall select and certify
15schools within the State of Illinois for the purpose of
16providing basic training for probationary police officers,
17probationary county corrections officers, and court security
18officers and of providing advanced or in-service training for
19permanent police officers or permanent county corrections
20officers, which schools may be either publicly or privately
21owned and operated. In addition, the Board has the following
22power and duties:
23        a. To require local governmental units to furnish such
24    reports and information as the Board deems necessary to

 

 

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1    fully implement this Act.
2        b. To establish appropriate mandatory minimum
3    standards relating to the training of probationary local
4    law enforcement officers or probationary county
5    corrections officers, and in-service training of permanent
6    police officers.
7        c. To provide appropriate certification to those
8    probationary officers who successfully complete the
9    prescribed minimum standard basic training course.
10        d. To review and approve annual training curriculum
11    for county sheriffs.
12        e. To review and approve applicants to ensure that no
13    applicant is admitted to a certified academy unless the
14    applicant is a person of good character and has not been
15    convicted of, or entered a plea of guilty to, a felony
16    offense, any of the misdemeanors in Sections 11-1.50,
17    11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
18    17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7
19    of the Criminal Code of 1961 or the Criminal Code of 2012,
20    subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
21    Criminal Code of 1961 or the Criminal Code of 2012, or
22    subsection (a) of Section 17-32 of the Criminal Code of
23    1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
24    the Cannabis Control Act, or a crime involving moral
25    turpitude under the laws of this State or any other state
26    which if committed in this State would be punishable as a

 

 

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1    felony or a crime of moral turpitude. The Board may
2    appoint investigators who shall enforce the duties
3    conferred upon the Board by this Act.
4(Source: P.A. 101-187, eff. 1-1-20.)
 
5    (Text of Section after amendment by P.A. 101-652, Article
610, Section 10-143 but before amendment by P.A. 101-652,
7Article 25, Section 25-40)
8    Sec. 6. Powers and duties of the Board; selection and
9certification of schools. The Board shall select and certify
10schools within the State of Illinois for the purpose of
11providing basic training for probationary police officers,
12probationary county corrections officers, and court security
13officers and of providing advanced or in-service training for
14permanent police officers or permanent county corrections
15officers, which schools may be either publicly or privately
16owned and operated. In addition, the Board has the following
17power and duties:
18        a. To require local governmental units to furnish such
19    reports and information as the Board deems necessary to
20    fully implement this Act.
21        b. To establish appropriate mandatory minimum
22    standards relating to the training of probationary local
23    law enforcement officers or probationary county
24    corrections officers, and in-service training of permanent
25    police officers.

 

 

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1        c. To provide appropriate certification to those
2    probationary officers who successfully complete the
3    prescribed minimum standard basic training course.
4        d. To review and approve annual training curriculum
5    for county sheriffs.
6        e. To review and approve applicants to ensure that no
7    applicant is admitted to a certified academy unless the
8    applicant is a person of good character and has not been
9    convicted of, or entered a plea of guilty to, a felony
10    offense, any of the misdemeanors in Sections 11-1.50,
11    11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
12    17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7
13    of the Criminal Code of 1961 or the Criminal Code of 2012,
14    subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
15    Criminal Code of 1961 or the Criminal Code of 2012, or
16    subsection (a) of Section 17-32 of the Criminal Code of
17    1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
18    the Cannabis Control Act, or a crime involving moral
19    turpitude under the laws of this State or any other state
20    which if committed in this State would be punishable as a
21    felony or a crime of moral turpitude. The Board may
22    appoint investigators who shall enforce the duties
23    conferred upon the Board by this Act.
24        f. To establish statewide standards for minimum
25    standards regarding regular mental health screenings for
26    probationary and permanent police officers, ensuring that

 

 

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1    counseling sessions and screenings remain confidential.
2(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,
3Section 10-143, eff. 7-1-21.)
 
4    (Text of Section after amendment by P.A. 101-652, Article
525, Section 25-40)
6    Sec. 6. Powers and duties of the Board; selection and
7certification of schools. The Board shall select and certify
8schools within the State of Illinois for the purpose of
9providing basic training for probationary law enforcement
10officers, probationary county corrections officers, and court
11security officers and of providing advanced or in-service
12training for permanent law enforcement officers or permanent
13county corrections officers, which schools may be either
14publicly or privately owned and operated. In addition, the
15Board has the following power and duties:
16        a. To require local governmental units, to furnish
17    such reports and information as the Board deems necessary
18    to fully implement this Act.
19        b. To establish appropriate mandatory minimum
20    standards relating to the training of probationary local
21    law enforcement officers or probationary county
22    corrections officers, and in-service training of permanent
23    law enforcement officers.
24        c. To provide appropriate certification to those
25    probationary officers who successfully complete the

 

 

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1    prescribed minimum standard basic training course.
2        d. To review and approve annual training curriculum
3    for county sheriffs.
4        e. To review and approve applicants to ensure that no
5    applicant is admitted to a certified academy unless the
6    applicant is a person of good character and has not been
7    convicted of, found guilty of, or entered a plea of guilty
8    to, or entered a plea of nolo contendere to a felony
9    offense, any of the misdemeanors in Sections 11-1.50,
10    11-6, 11-6.5, 11-6.6, 11-9.1, 11-14, 11-14.1, 11-30, 12-2,
11    12-3.2, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3,
12    28-3, 29-1, any misdemeanor in violation of any Section of
13    Part E of Title III of the Criminal Code of 1961 or the
14    Criminal Code of 2012, or subsection (a) of Section 17-32
15    of the Criminal Code of 1961 or the Criminal Code of 2012,
16    or Section 5 or 5.2 of the Cannabis Control Act, or a crime
17    involving moral turpitude under the laws of this State or
18    any other state which if committed in this State would be
19    punishable as a felony or a crime of moral turpitude, or
20    any felony or misdemeanor in violation of federal law or
21    the law of any state that is the equivalent of any of the
22    offenses specified therein. The Board may appoint
23    investigators who shall enforce the duties conferred upon
24    the Board by this Act.
25        For purposes of this paragraph e, a person is
26    considered to have been convicted of, found guilty of, or

 

 

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1    entered a plea of guilty to, plea of nolo contendere to
2    regardless of whether the adjudication of guilt or
3    sentence is withheld or not entered thereon. This includes
4    sentences of supervision, conditional discharge, or first
5    offender probation, or any similar disposition provided
6    for by law.
7        f. To establish statewide standards for minimum
8    standards regarding regular mental health screenings for
9    probationary and permanent police officers, ensuring that
10    counseling sessions and screenings remain confidential.
11        f. For purposes of this paragraph (e), a person is
12    considered to have been "convicted of, found guilty of, or
13    entered a plea of guilty to, plea of nolo contendere to"
14    regardless of whether the adjudication of guilt or
15    sentence is withheld or not entered thereon. This includes
16    sentences of supervision, conditional discharge, or first
17    offender probation, or any similar disposition provided
18    for by law.
19        g. To review and ensure all law enforcement officers
20    remain in compliance with this Act, and any administrative
21    rules adopted under this Act.
22        h. To suspend any certificate for a definite period,
23    limit or restrict any certificate, or revoke any
24    certificate.
25        i. The Board and the Panel shall have power to secure
26    by its subpoena and bring before it any person or entity in

 

 

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1    this State and to take testimony either orally or by
2    deposition or both with the same fees and mileage and in
3    the same manner as prescribed by law in judicial
4    proceedings in civil cases in circuit courts of this
5    State. The Board and the Panel shall also have the power to
6    subpoena the production of documents, papers, files,
7    books, documents, and records, whether in physical or
8    electronic form, in support of the charges and for
9    defense, and in connection with a hearing or
10    investigation.
11        j. The Executive Director, the administrative law
12    judge designated by the Executive Director, and each
13    member of the Board and the Panel shall have the power to
14    administer oaths to witnesses at any hearing that the
15    Board is authorized to conduct under this Act and any
16    other oaths required or authorized to be administered by
17    the Board under this Act.
18        k. In case of the neglect or refusal of any person to
19    obey a subpoena issued by the Board and the Panel, any
20    circuit court, upon application of the Board and the
21    Panel, through the Illinois Attorney General, may order
22    such person to appear before the Board and the Panel give
23    testimony or produce evidence, and any failure to obey
24    such order is punishable by the court as a contempt
25    thereof. This order may be served by personal delivery, by
26    email, or by mail to the address of record or email address

 

 

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1    of record.
2        l. The Board shall have the power to administer state
3    certification examinations. Any and all records related to
4    these examinations, including, but not limited to, test
5    questions, test formats, digital files, answer responses,
6    answer keys, and scoring information shall be exempt from
7    disclosure.
8(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,
9Section 10-143, eff. 7-1-21; 101-652, Article 25, Section
1025-40, eff. 1-1-22; revised 4-26-21.)
 
11    Section 60. The Law Enforcement Officer-Worn Body Camera
12Act is amended by changing Section 10-20 as follows:
 
13    (50 ILCS 706/10-20)
14    Sec. 10-20. Requirements.
15    (a) The Board shall develop basic guidelines for the use
16of officer-worn body cameras by law enforcement agencies. The
17guidelines developed by the Board shall be the basis for the
18written policy which must be adopted by each law enforcement
19agency which employs the use of officer-worn body cameras. The
20written policy adopted by the law enforcement agency must
21include, at a minimum, all of the following:
22        (1) Cameras must be equipped with pre-event recording,
23    capable of recording at least the 30 seconds prior to
24    camera activation, unless the officer-worn body camera was

 

 

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1    purchased and acquired by the law enforcement agency prior
2    to July 1, 2015.
3        (2) Cameras must be capable of recording for a period
4    of 10 hours or more, unless the officer-worn body camera
5    was purchased and acquired by the law enforcement agency
6    prior to July 1, 2015.
7        (3) Cameras must be turned on at all times when the
8    officer is in uniform and is responding to calls for
9    service or engaged in any law enforcement-related
10    encounter or activity, that occurs while the officer is on
11    duty.
12            (A) If exigent circumstances exist which prevent
13        the camera from being turned on, the camera must be
14        turned on as soon as practicable.
15            (B) Officer-worn body cameras may be turned off
16        when the officer is inside of a patrol car which is
17        equipped with a functioning in-car camera; however,
18        the officer must turn on the camera upon exiting the
19        patrol vehicle for law enforcement-related encounters.
20            (C) Officer-worn body cameras may be turned off
21        when the officer is inside a correctional facility or
22        courthouse which is equipped with a functioning camera
23        system.
24        (4) Cameras must be turned off when:
25            (A) the victim of a crime requests that the camera
26        be turned off, and unless impractical or impossible,

 

 

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1        that request is made on the recording;
2            (B) a witness of a crime or a community member who
3        wishes to report a crime requests that the camera be
4        turned off, and unless impractical or impossible that
5        request is made on the recording;
6            (C) the officer is interacting with a confidential
7        informant used by the law enforcement agency; or
8            (D) an officer of the Department of Revenue enters
9        a Department of Revenue facility or conducts an
10        interview during which return information will be
11        discussed or visible.
12        However, an officer may continue to record or resume
13    recording a victim or a witness, if exigent circumstances
14    exist, or if the officer has reasonable articulable
15    suspicion that a victim or witness, or confidential
16    informant has committed or is in the process of committing
17    a crime. Under these circumstances, and unless impractical
18    or impossible, the officer must indicate on the recording
19    the reason for continuing to record despite the request of
20    the victim or witness.
21        (4.5) Cameras may be turned off when the officer is
22    engaged in community caretaking functions. However, the
23    camera must be turned on when the officer has reason to
24    believe that the person on whose behalf the officer is
25    performing a community caretaking function has committed
26    or is in the process of committing a crime. If exigent

 

 

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1    circumstances exist which prevent the camera from being
2    turned on, the camera must be turned on as soon as
3    practicable.
4        (5) The officer must provide notice of recording to
5    any person if the person has a reasonable expectation of
6    privacy and proof of notice must be evident in the
7    recording. If exigent circumstances exist which prevent
8    the officer from providing notice, notice must be provided
9    as soon as practicable.
10        (6) (A) For the purposes of redaction, labeling, or
11    duplicating recordings, access to camera recordings shall
12    be restricted to only those personnel responsible for
13    those purposes. The recording officer or his or her
14    supervisor may not redact, label, duplicate or otherwise
15    alter the recording officer's camera recordings. Except as
16    otherwise provided in this Section, the recording officer
17    and his or her supervisor may access and review recordings
18    prior to completing incident reports or other
19    documentation, provided that the supervisor discloses that
20    fact in the report or documentation.
21            (i) A law enforcement officer shall not have
22        access to or review his or her body-worn camera
23        recordings or the body-worn camera recordings of
24        another officer prior to completing incident reports
25        or other documentation when the officer:
26                (a) has been involved in or is a witness to an

 

 

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1            officer-involved shooting, use of deadly force
2            incident, or use of force incidents resulting in
3            great bodily harm;
4                (b) is ordered to write a report in response
5            to or during the investigation of a misconduct
6            complaint against the officer.
7            (ii) If the officer subject to subparagraph (i)
8        prepares a report, any report shall be prepared
9        without viewing body-worn camera recordings, and
10        subject to supervisor's approval, officers may file
11        amendatory reports after viewing body-worn camera
12        recordings. Supplemental reports under this provision
13        shall also contain documentation regarding access to
14        the video footage.
15            (B) The recording officer's assigned field
16        training officer may access and review recordings for
17        training purposes. Any detective or investigator
18        directly involved in the investigation of a matter may
19        access and review recordings which pertain to that
20        investigation but may not have access to delete or
21        alter such recordings.
22        (7) Recordings made on officer-worn cameras must be
23    retained by the law enforcement agency or by the camera
24    vendor used by the agency, on a recording medium for a
25    period of 90 days.
26            (A) Under no circumstances shall any recording,

 

 

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1        except for a non-law enforcement related activity or
2        encounter, made with an officer-worn body camera be
3        altered, erased, or destroyed prior to the expiration
4        of the 90-day storage period. In the event any
5        recording made with an officer-worn body camera is
6        altered, erased, or destroyed prior to the expiration
7        of the 90-day storage period, the law enforcement
8        agency shall maintain, for a period of one year, a
9        written record including (i) the name of the
10        individual who made such alteration, erasure, or
11        destruction, and (ii) the reason for any such
12        alteration, erasure, or destruction.
13            (B) Following the 90-day storage period, any and
14        all recordings made with an officer-worn body camera
15        must be destroyed, unless any encounter captured on
16        the recording has been flagged. An encounter is deemed
17        to be flagged when:
18                (i) a formal or informal complaint has been
19            filed;
20                (ii) the officer discharged his or her firearm
21            or used force during the encounter;
22                (iii) death or great bodily harm occurred to
23            any person in the recording;
24                (iv) the encounter resulted in a detention or
25            an arrest, excluding traffic stops which resulted
26            in only a minor traffic offense or business

 

 

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1            offense;
2                (v) the officer is the subject of an internal
3            investigation or otherwise being investigated for
4            possible misconduct;
5                (vi) the supervisor of the officer,
6            prosecutor, defendant, or court determines that
7            the encounter has evidentiary value in a criminal
8            prosecution; or
9                (vii) the recording officer requests that the
10            video be flagged for official purposes related to
11            his or her official duties.
12            (C) Under no circumstances shall any recording
13        made with an officer-worn body camera relating to a
14        flagged encounter be altered or destroyed prior to 2
15        years after the recording was flagged. If the flagged
16        recording was used in a criminal, civil, or
17        administrative proceeding, the recording shall not be
18        destroyed except upon a final disposition and order
19        from the court.
20        (8) Following the 90-day storage period, recordings
21    may be retained if a supervisor at the law enforcement
22    agency designates the recording for training purposes. If
23    the recording is designated for training purposes, the
24    recordings may be viewed by officers, in the presence of a
25    supervisor or training instructor, for the purposes of
26    instruction, training, or ensuring compliance with agency

 

 

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1    policies.
2        (9) Recordings shall not be used to discipline law
3    enforcement officers unless:
4            (A) a formal or informal complaint of misconduct
5        has been made;
6            (B) a use of force incident has occurred;
7            (C) the encounter on the recording could result in
8        a formal investigation under the Uniform Peace
9        Officers' Disciplinary Act; or
10            (D) as corroboration of other evidence of
11        misconduct.
12        Nothing in this paragraph (9) shall be construed to
13    limit or prohibit a law enforcement officer from being
14    subject to an action that does not amount to discipline.
15        (10) The law enforcement agency shall ensure proper
16    care and maintenance of officer-worn body cameras. Upon
17    becoming aware, officers must as soon as practical
18    document and notify the appropriate supervisor of any
19    technical difficulties, failures, or problems with the
20    officer-worn body camera or associated equipment. Upon
21    receiving notice, the appropriate supervisor shall make
22    every reasonable effort to correct and repair any of the
23    officer-worn body camera equipment.
24        (11) No officer may hinder or prohibit any person, not
25    a law enforcement officer, from recording a law
26    enforcement officer in the performance of his or her

 

 

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1    duties in a public place or when the officer has no
2    reasonable expectation of privacy. The law enforcement
3    agency's written policy shall indicate the potential
4    criminal penalties, as well as any departmental
5    discipline, which may result from unlawful confiscation or
6    destruction of the recording medium of a person who is not
7    a law enforcement officer. However, an officer may take
8    reasonable action to maintain safety and control, secure
9    crime scenes and accident sites, protect the integrity and
10    confidentiality of investigations, and protect the public
11    safety and order.
12    (b) Recordings made with the use of an officer-worn body
13camera are not subject to disclosure under the Freedom of
14Information Act, except that:
15        (1) if the subject of the encounter has a reasonable
16    expectation of privacy, at the time of the recording, any
17    recording which is flagged, due to the filing of a
18    complaint, discharge of a firearm, use of force, arrest or
19    detention, or resulting death or bodily harm, shall be
20    disclosed in accordance with the Freedom of Information
21    Act if:
22            (A) the subject of the encounter captured on the
23        recording is a victim or witness; and
24            (B) the law enforcement agency obtains written
25        permission of the subject or the subject's legal
26        representative;

 

 

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1        (2) except as provided in paragraph (1) of this
2    subsection (b), any recording which is flagged due to the
3    filing of a complaint, discharge of a firearm, use of
4    force, arrest or detention, or resulting death or bodily
5    harm shall be disclosed in accordance with the Freedom of
6    Information Act; and
7        (3) upon request, the law enforcement agency shall
8    disclose, in accordance with the Freedom of Information
9    Act, the recording to the subject of the encounter
10    captured on the recording or to the subject's attorney, or
11    the officer or his or her legal representative.
12    For the purposes of paragraph (1) of this subsection (b),
13the subject of the encounter does not have a reasonable
14expectation of privacy if the subject was arrested as a result
15of the encounter. For purposes of subparagraph (A) of
16paragraph (1) of this subsection (b), "witness" does not
17include a person who is a victim or who was arrested as a
18result of the encounter.
19    Only recordings or portions of recordings responsive to
20the request shall be available for inspection or reproduction.
21Any recording disclosed under the Freedom of Information Act
22shall be redacted to remove identification of any person that
23appears on the recording and is not the officer, a subject of
24the encounter, or directly involved in the encounter. Nothing
25in this subsection (b) shall require the disclosure of any
26recording or portion of any recording which would be exempt

 

 

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1from disclosure under the Freedom of Information Act.
2    (c) Nothing in this Section shall limit access to a camera
3recording for the purposes of complying with Supreme Court
4rules or the rules of evidence.
5(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
6revised 7-30-21.)
 
7    Section 65. The Emergency Telephone System Act is amended
8by changing Section 11.5 as follows:
 
9    (50 ILCS 750/11.5)
10    (Section scheduled to be repealed on December 31, 2023)
11    Sec. 11.5. Aggregator and originating service provider
12responsibilities.
13    (a) Each aggregator, and the originating service providers
14whose 9-1-1 calls are being aggregated by the aggregator,
15shall comply with their respective requirements in 83 Ill.
16Adm. Code Part 725.410.
17    (b) Beginning July 1, 2021, each aggregator that is
18operating within the State must email the Office of the
19Statewide 9-1-1 Administrator to provide the following
20information that supports the implementation of and the
21migration to the Statewide NG9-1-1 system:
22        (1) A company 9-1-1 contact, address, email, and phone
23    number.
24        (2) A list of originating service providers that the

 

 

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1    aggregator transports 9-1-1 calls for and then to the
2    appropriate 9-1-1 system provider. New or current
3    aggregators must update the required information within 30
4    days of implementing any changes in information required
5    by this subsection.
6    (c) Each aggregator shall establish procedures for
7receiving No Record Found errors from the 9-1-1 System
8Provider, identifying the originating service provider who
9delivered the call to the aggregator, and referring the No
10Record Found errors to that originating service provider.
11    (d) Each originating service provider shall establish
12procedures with the 9-1-1 system provider for preventing and
13resolving No Record Found errors in the 9-1-1 database and
14make every effort to ensure 9-1-1 calls are sent to the
15appropriate public safety answering point.
16    (e) If a 9-1-1 system is being transitioned to NG9-1-1
17service or to a new provider, each aggregator shall be
18responsible for coordinating any modifications that are needed
19to ensure that the originating service provider provides the
20required level of service to its customers. Each aggregator
21shall coordinate those network changes or additions for those
22migrations in a timely manner with the appropriate 9-1-1
23system provider who shall be managing its respective
24implementation schedule and cut over. Each aggregator shall
25send notice to its originating service provider customers of
26the aggregator's successful turn up of the network changes or

 

 

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1additions supporting the migration and include the necessary
2information for the originating service provider's migration
3(such as public safety answering point name, Federal
4Communications Commission Identification, and Emergency
5Services Routing Number). The notice shall be provided to the
6originating service providers within 2 weeks of acceptance
7testing and conversion activities between the aggregator and
8the 9-1-1 system provider.
9    (f) The 9-1-1 system provider shall coordinate directly
10with the originating service providers (unless the aggregator
11separately agrees to coordinate with the originating service
12providers) for migration, but in no case shall that migration
13exceed 30 days after receipt of notice from the aggregator,
14unless agreed to by the originating service provider and 9-1-1
15system provider.
16    (g) Each aggregator shall coordinate test calls with the
179-1-1 system provider and the 9-1-1 Authority when turning up
18new circuits or making network changes. Each originating
19service provider shall perform testing of its network and
20provisioning upon notification from the aggregator that the
21network has been tested and accepted with the 9-1-1 system
22provider.
23    (h) Each aggregator and originating service provider
24customer shall deliver all 9-1-1 calls, audio, data, and
25location to the 9-1-1 system at a location determined by the
26State.

 

 

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1(Source: P.A. 102-9, eff. 6-3-21; revised 7-16-21.)
 
2    Section 70. The Counties Code is amended by changing
3Sections 2-3003 and 2-4006.5 as follows:
 
4    (55 ILCS 5/2-3003)  (from Ch. 34, par. 2-3003)
5    Sec. 2-3003. Apportionment plan.
6    (1) If the county board determines that members shall be
7elected by districts, it shall develop an apportionment plan
8and specify the number of districts and the number of county
9board members to be elected from each district and whether
10voters will have cumulative voting rights in multi-member
11districts. Each such district:
12        a. Shall be substantially equal in population to each
13    other district;
14        b. Shall be comprised of contiguous territory, as
15    nearly compact as practicable; and
16        c. May divide townships or municipalities only when
17    necessary to conform to the population requirement of
18    paragraph a. of this Section; and .
19        d. Shall be created in such a manner so that no
20    precinct shall be divided between 2 or more districts,
21    insofar as is practicable.
22    (2) The county board of each county having a population of
23less than 3,000,000 inhabitants may, if it should so decide,
24provide within that county for single-member single member

 

 

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1districts outside the corporate limits and multi-member
2districts within the corporate limits of any municipality with
3a population in excess of 75,000. Paragraphs a, b, c, and d of
4subsection (1) of this Section shall apply to the
5apportionment of both single-member single and multi-member
6districts within a county to the extent that compliance with
7paragraphs a, b, c, and d still permit the establishment of
8such districts, except that the population of any multi-member
9district shall be equal to the population of any single-member
10single member district, times the number of members found
11within that multi-member district.
12    (3) In a county where the Chairman of the County Board is
13elected by the voters of the county as provided in Section
142-3007, the Chairman of the County Board may develop and
15present to the Board by the third Wednesday in May in the year
16after a federal decennial census year an apportionment plan in
17accordance with the provisions of subsection (1) of this
18Section. If the Chairman presents a plan to the Board by the
19third Wednesday in May, the Board shall conduct at least one
20public hearing to receive comments and to discuss the
21apportionment plan, the hearing shall be held at least 6 days
22but not more than 21 days after the Chairman's plan was
23presented to the Board, and the public shall be given notice of
24the hearing at least 6 days in advance. If the Chairman
25presents a plan by the third Wednesday in May, the Board is
26prohibited from enacting an apportionment plan until after a

 

 

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1hearing on the plan presented by the Chairman. The Chairman
2shall have access to the federal decennial census available to
3the Board.
4    (4) In a county where a County Executive is elected by the
5voters of the county as provided in Section 2-5007 of this the
6Counties Code, the County Executive may develop and present to
7the Board by the third Wednesday in May in the year after a
8federal decennial census year an apportionment plan in
9accordance with the provisions of subsection (1) of this
10Section. If the Executive presents a plan to the Board by the
11third Wednesday in May, the Board shall conduct at least one
12public hearing to receive comments and to discuss the
13apportionment plan, the hearing shall be held at least 6 days
14but not more than 21 days after the Executive's plan was
15presented to the Board, and the public shall be given notice of
16the hearing at least 6 days in advance. If the Executive
17presents a plan by the third Wednesday in May, the Board is
18prohibited from enacting an apportionment plan until after a
19hearing on the plan presented by the Executive. The Executive
20shall have access to the federal decennial census available to
21the Board.
22    (5) For the reapportionment of 2021, the Chairman of the
23County Board or County Executive may develop and present (or
24redevelop and represent) to the Board by the third Wednesday
25in November in the year after a federal decennial census year
26an apportionment plan and the Board shall conduct its public

 

 

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1hearing as provided in paragraphs (3) and (4) following
2receipt of the apportionment plan.
3(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
 
4    (55 ILCS 5/2-4006.5)
5    Sec. 2-4006.5. Commissioners in certain counties.
6    (a) If a county elects 3 commissioners at large under
7Section 2-4006, registered voters of such county may, by a
8vote of a majority of those voting on such proposition,
9determine to change the method of electing the board of county
10commissioners by electing either 3 or 5 members from
11single-member single member districts. In order for such
12question to be placed upon the ballot, such petition must
13contain the signatures of not fewer than 10% of the registered
14voters of such county.
15    Commissioners may not be elected from single-member single
16member districts until the question of electing either 3 or 5
17commissioners from single-member single member districts has
18been submitted to the electors of the county at a regular
19election and approved by a majority of the electors voting on
20the question. The commissioners must certify the question to
21the proper election authority, which must submit the question
22at an election in accordance with the Election Code.
23    The question must be in substantially the following form:
24        Shall the board of county commissioners of (name of
25    county) consist of (insert either 3 or 5) commissioners

 

 

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1    elected from single-member single member districts?
2The votes must be recorded as "Yes" or "No".
3    If a majority of the electors voting on the question vote
4in the affirmative, a 3-member or 5-member board of county
5commissioners, as the case may be, shall be established to be
6elected from single-member single member districts.
7    (b) If the voters of the county decide to elect either 3 or
85 commissioners from single-member single member districts,
9the board of county commissioners shall on or before August 31
10of the year following the 2000 federal decennial census divide
11the county into either 3 or 5 compact and contiguous county
12commission districts that are substantially equal in
13population. On or before May 31 of the year following each
14federal decennial census thereafter, the board of county
15commissioners shall reapportion the county commission
16districts to be compact, contiguous, and substantially equal
17in population.
18    (c) The commissioners elected at large at or before the
19general election in 2000 shall continue to serve until the
20expiration of their terms. Of those commissioners, the
21commissioner whose term expires in 2002 shall be assigned to
22district 1; the commissioner whose term expires in 2004 shall
23be assigned to district 2; and the commissioner whose term
24expires in 2006 shall be assigned to district 3.
25    (d) If the voters of the county decide to elect 5
26commissioners from single-member single member districts, at

 

 

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1the general election in 2002, one commissioner from and
2residing in each of districts 1, 4, and 5 shall be elected. At
3the general election in 2004, one commissioner from and
4residing in each of districts 1, 2, and 5 shall be elected. At
5the general election in 2006, one commissioner from and
6residing in each of districts 2, 3, and 4 shall be elected. At
7the general election in 2008, one commissioner from and
8residing in each of districts 1, 3, and 5 shall be elected. At
9the general election in 2010, one commissioner from each of
10districts 2 and 4 shall be elected. At the general election in
112012, commissioners from and residing in each district shall
12be elected. Thereafter, commissioners shall be elected at each
13general election to fill expired terms. Each commissioner must
14reside in the district that he or she represents from the time
15that he or she files his or her nomination papers until his or
16her term expires.
17    In the year following the decennial census of 2010 and
18every 10 years thereafter, the commissioners, publicly by lot,
19shall divide the districts into 2 groups. One group shall
20serve terms of 4 years, 4 years, and 2 years and one group
21shall serve terms of 2 years, 4 years, and 4 years.
22(Source: P.A. 91-846, eff. 6-22-00; 92-189, eff. 8-1-01;
23revised 7-15-21.)
 
24    Section 75. The Illinois Municipal Code is amended by
25changing Sections 5-2-2, 5-2-18.1, 11-5.1-2, and 11-13-14 as

 

 

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1follows:
 
2    (65 ILCS 5/5-2-2)  (from Ch. 24, par. 5-2-2)
3    Sec. 5-2-2. Except as otherwise provided in Section 5-2-3,
4the number of alderpersons, when not elected by the minority
5representation plan, shall be as follows: In cities not
6exceeding 3,000 inhabitants, 6 alderpersons; exceeding 3,000,
7but not exceeding 15,000, 8 alderpersons; exceeding 15,000 but
8not exceeding 20,000, 10 alderpersons; exceeding 20,000 but
9not exceeding 30,000, 14 alderpersons; and 2 additional
10alderpersons for every 20,000 inhabitants over 30,000. In all
11cities of less than 500,000, 20 alderpersons shall be the
12maximum number permitted except as otherwise provided in the
13case of alderpersons-at-large. No redistricting shall be
14required in order to reduce the number of alderpersons
15heretofore provided for. Two alderpersons shall be elected to
16represent each ward.
17    If it appears from any census specified in Section 5-2-5
18and taken not earlier than 1940 that any city has the requisite
19number of inhabitants to authorize it to increase the number
20of alderpersons, the city council shall immediately proceed to
21redistrict the city in accordance with the provisions of
22Section 5-2-5, and it shall hold the next city election in
23accordance with the new redistricting. At this election the
24alderpersons whose terms of office are not expiring shall be
25considered alderpersons for the new wards respectively in

 

 

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1which their residences are situated. At this election a
2candidate for alderperson may be elected from any ward that
3contains a part of the ward in which he or she resided at least
4one year next preceding the election that follows the
5redistricting, and, if elected, that person may be reelected
6from the new ward he or she represents if he or she resides in
7that ward for at least one year next preceding reelection. If
8there are 2 or more alderpersons with terms of office not
9expiring and residing in the same ward under the new
10redistricting, the alderperson who holds over for that ward
11shall be determined by lot in the presence of the city council,
12in whatever manner the council shall direct and all other
13alderpersons shall fill their unexpired terms as
14alderpersons-at-large. The alderpersons-at-large, if any,
15shall have the same power and duties as all other alderpersons
16but upon expiration of their terms the offices of
17alderpersons-at-large shall be abolished.
18    If the redistricting re-districting results in one or more
19wards in which no alderpersons reside whose terms of office
20have not expired, 2 alderpersons shall be elected in
21accordance with the provisions of Section 5-2-8.
22(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
 
23    (65 ILCS 5/5-2-18.1)  (from Ch. 24, par. 5-2-18.1)
24    Sec. 5-2-18.1. In any city or village which has adopted
25this Article and also has elected to choose alderpersons from

 

 

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1wards or trustees from districts, as the case may be, a
2proposition to elect the city council at large shall be
3submitted to the electors in the manner herein provided.
4    Electors of such city or village, equal to not less than
510% of the total vote cast for all candidates for mayor or
6president in the last preceding municipal election for such
7office, may petition for the submission to a vote of the
8electors of that city or village the proposition whether the
9city council shall be elected at large. The petition shall be
10in the same form as prescribed in Section 5-1-6, except that
11said petition shall be modified as to the wording of the
12proposition to be voted upon to conform to the wording of the
13proposition as hereinafter set forth, and shall be filed with
14the city clerk in accordance with the general election law.
15The clerk shall certify the proposition to the proper election
16authorities who shall submit the proposition at an election in
17accordance with the general election law.
18    However, such proposition shall not be submitted at the
19general primary election for the municipality.
20    The proposition shall be in substantially the following
21form:
22-------------------------------------------------------------
23    Shall the city (or village) of
24.... elect the city council at           YES
25large instead of alderpersons        ------------------------
26(or trustees) from wards (or             NO

 

 

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1districts)?
2-------------------------------------------------------------
3    If a majority of those voting on the proposition vote
4"yes", then the city council shall be elected at large at the
5next general municipal election and the provisions of Section
65-2-12 shall be applicable. Upon the election and
7qualification of such councilmen council men or trustees, the
8terms of all sitting alderpersons shall expire.
9(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
 
10    (65 ILCS 5/11-5.1-2)
11    Sec. 11-5.1-2. Military equipment surplus program.
12    (a) For purposes of this Section:
13    "Bayonet" means large knives designed to be attached to
14the muzzle of a rifle, shotgun, or long gun for the purposes of
15hand-to-hand combat.
16    "Grenade launcher" means a firearm or firearm accessory
17used to launch fragmentary explosive rounds designed to
18inflict death or cause great bodily harm.
19    "Military equipment surplus program" means any federal or
20state program allowing a law enforcement agency to obtain
21surplus military equipment, including, but not limited limit
22to, any program organized under Section 1122 of the National
23Defense Authorization Act for Fiscal Year 1994 (Pub. L.
24103-160) or Section 1033 of the National Defense Authorization
25Act for Fiscal Year 1997 (Pub. L. 104-201) or any program

 

 

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1established by the United States Department of Defense under
210 U.S.C. 2576a.
3    "Tracked armored vehicle" means a vehicle that provides
4ballistic protection to its occupants and utilizes a tracked
5system instead of wheels for forward motion not including
6vehicles listed in the Authorized Equipment List as published
7by the Federal Emergency Management Agency.
8    "Weaponized aircraft, vessels, or vehicles" means any
9aircraft, vessel, or vehicle with weapons installed.
10    (b) A police department shall not request or receive from
11any military equipment surplus program nor purchase or
12otherwise utilize the following equipment:
13        (1) tracked armored vehicles;
14        (2) weaponized aircraft, vessels, or vehicles;
15        (3) firearms of .50-caliber or higher;
16        (4) ammunition of .50-caliber or higher;
17        (5) grenade launchers, grenades, or similar
18    explosives; or
19        (6) bayonets.
20    (c) A home rule municipality may not regulate the
21acquisition of equipment in a manner inconsistent with this
22Section. This Section is a limitation under subsection (i) of
23Section 6 of Article VII of the Illinois Constitution on the
24concurrent exercise by home rule municipalities of powers and
25functions exercised by the State.
26    (d) If a police department requests other property not

 

 

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1prohibited from a military equipment surplus program, the
2police department shall publish notice of the request on a
3publicly accessible website maintained by the police
4department or the municipality within 14 days after the
5request.
6(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
7revised 7-30-21.)
 
8    (65 ILCS 5/11-13-14)  (from Ch. 24, par. 11-13-14)
9    Sec. 11-13-14. The regulations imposed and the districts
10created under the authority of this Division 13 may be amended
11from time to time by ordinance after the ordinance
12establishing them has gone into effect, but no such amendments
13shall be made without a hearing before some commission or
14committee designated by the corporate authorities. Notice
15shall be given of the time and place of the hearing, not more
16than 30 nor less than 15 days before the hearing, by publishing
17a notice thereof at least once in one or more newspapers
18published in the municipality, or, if no newspaper is
19published therein, then in one or more newspapers with a
20general circulation within the municipality. In municipalities
21with less than 500 population in which no newspaper is
22published, publication may be made instead by posting a notice
23in 3 prominent places within the municipality. In case of a
24written protest against any proposed amendment of the
25regulations or districts, signed and acknowledged by the

 

 

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1owners of 20% of the frontage proposed to be altered, or by the
2owners of 20% of the frontage immediately adjoining or across
3an alley therefrom, or by the owners of the 20% of the frontage
4directly opposite the frontage proposed to be altered, is
5filed with the clerk of the municipality, the amendment shall
6not be passed except by a favorable vote of two-thirds of the
7alderpersons or trustees of the municipality then holding
8office. In such cases, a copy of the written protest shall be
9served by the protestor or protestors on the applicant for the
10proposed amendments and a copy upon the applicant's attorney,
11if any, by certified mail at the address of such applicant and
12attorney shown in the application for the proposed amendment.
13Any notice required by this Section need not include a metes
14and bounds legal description, provided that the notice
15includes: (i) the common street address or addresses and (ii)
16the property index number ("PIN") or numbers of all the
17parcels of real property contained in the affected area.
18(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
 
19    Section 80. The Revised Cities and Villages Act of 1941 is
20amended by changing Section 21-25 as follows:
 
21    (65 ILCS 20/21-25)  (from Ch. 24, par. 21-25)
22    Sec. 21-25. Times for elections.) General elections for
23alderpersons shall be held in the year or years fixed by law
24for holding the same, on the last Tuesday of February of such

 

 

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1year. Any supplementary election for alderpersons held under
2the provisions of this Article shall be held on the first
3Tuesday of April next following the holding of such general
4election of alderpersons.
5(Source: P.A. 102-15, eff. 6-17-21; revised 7-14-21.)
 
6    Section 85. The Metropolitan Pier and Exposition Authority
7Act is amended by changing Section 5.6 as follows:
 
8    (70 ILCS 210/5.6)
9    Sec. 5.6. Marketing agreement.
10    (a) The Authority shall enter into a marketing agreement
11with a not-for-profit organization headquartered in Chicago
12and recognized by the Department of Commerce and Economic
13Opportunity as a certified local tourism and convention bureau
14entitled to receive State tourism grant funds, provided the
15bylaws of the organization establish a board of the
16organization that is comprised of 35 members serving 3-year
17staggered terms, including the following:
18        (1) no less than 8 members appointed by the Mayor of
19    Chicago, to include:
20            (A) a Chair of the board of the organization
21        appointed by the Mayor of the City of Chicago from
22        among the business and civic leaders of Chicago who
23        are not engaged in the hospitality business or who
24        have not served as a member of the Board or as chief

 

 

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1        executive officer of the Authority; and
2            (B) 7 members from among the cultural, economic
3        development, or civic leaders of Chicago;
4        (2) the chairperson of the interim board or Board of
5    the Authority, or his or her designee;
6        (3) a representative from the department in the City
7    of Chicago that is responsible for the operation of
8    Chicago-area airports;
9        (4) a representative from the department in the City
10    of Chicago that is responsible for the regulation of
11    Chicago-area livery vehicles;
12        (5) at least 1, but no more than:
13            (A) 2 members from the hotel industry;
14            (B) 2 members representing Chicago arts and
15        cultural institutions or projects;
16            (C) 2 members from the restaurant industry;
17            (D) 2 members employed by or representing an
18        entity responsible for a trade show;
19            (E) 2 members representing unions;
20            (F) 2 members from the attractions industry; and
21        (6) 7 members appointed by the Governor, including the
22    Director of the Illinois Department of Commerce and
23    Economic Opportunity, ex officio, as well as 3 members
24    from the hotel industry and 3 members representing Chicago
25    arts and cultural institutions or projects.
26    The bylaws of the organization may provide for the

 

 

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1appointment of a City of Chicago alderperson as an ex officio
2member, and may provide for other ex officio members who shall
3serve terms of one year.
4    Persons with a real or apparent conflict of interest shall
5not be appointed to the board. Members of the board of the
6organization shall not serve more than 2 terms. The bylaws
7shall require the following: (i) that the Chair of the
8organization name no less than 5 and no more than 9 members to
9the Executive Committee of the organization, one of whom must
10be the chairperson of the interim board or Board of the
11Authority, and (ii) a provision concerning conflict of
12interest and a requirement that a member abstain from
13participating in board action if there is a threat to the
14independence of judgment created by any conflict of interest
15or if participation is likely to have a negative effect on
16public confidence in the integrity of the board.
17    (b) The Authority shall notify the Department of Revenue
18within 10 days after entering into a contract pursuant to this
19Section.
20(Source: P.A. 102-15, eff. 6-17-21; 102-16, eff. 6-17-21;
21revised 7-17-21.)
 
22    Section 90. The School Code is amended by changing Section
231-3 as follows:
 
24    (105 ILCS 5/1-3)  (from Ch. 122, par. 1-3)

 

 

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1    Sec. 1-3. Definitions. In this Code:
2    The terms "common schools", "free schools" and "public
3schools" are used interchangeably to apply to any school
4operated by authority of this Act.
5    "School board" means the governing body of any district
6created or operating under authority of this Code Act,
7including board of school directors and board of education.
8When the context so indicates it also means the governing body
9of any non-high school district and of any special charter
10district, including a board of school inspectors.
11    "Special charter district" means any city, township, or
12district organized into a school district, under a special Act
13or charter of the General Assembly or in which schools are now
14managed and operating within such unit in whole or in part
15under the terms of such special Act or charter.
16(Source: Laws 1961, p. 31; revised 7-16-21.)
 
17    Section 95. The Student-Athlete Endorsement Rights Act is
18amended by changing Section 20 as follows:
 
19    (110 ILCS 190/20)
20    Sec. 20. Agents; publicity rights; third party licensees.
21    (a) An agent, legal representative, or other professional
22service provider offering services to a student-athlete shall,
23to the extent required, comply with the federal Sports Agent
24Responsibility and Trust Act and any other applicable laws,

 

 

10200HB0307sam002- 112 -LRB102 11622 AMC 29966 a

1rules, or regulations.
2    (b) A grant-in-aid, including cost of attendance, and
3other permissible financial aid, awards, or benefits from the
4postsecondary educational institution in which a
5student-athlete is enrolled shall not be revoked, reduced, nor
6the terms and conditions altered, as a result of a
7student-athlete earning compensation or obtaining professional
8or legal representation pursuant to this Act.
9    (c) A student-athlete shall disclose to the postsecondary
10educational institution in which the student is enrolled, in a
11manner and time prescribed by the institution, the existence
12and substance of all publicity rights agreements. Publicity
13rights agreements that contemplate cash or other compensation
14to the student-athlete that is equal to or in excess of a value
15of $500 shall be formalized in a written contract, and the
16contract shall be provided to the postsecondary educational
17institution in which the student is enrolled prior to the
18execution of the agreement and before any compensation is
19provided to the student-athlete.
20    (d) A student-athlete may not enter into a publicity
21rights agreement or otherwise receive compensation for that
22student-athlete's name, image, likeness, or voice for services
23rendered or performed while that student-athlete is
24participating in activities sanctioned by that
25student-athlete's postsecondary educational institution if
26such services or performance by the student-athlete would

 

 

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1conflict with a provision in a contract, rule, regulation,
2standard, or other requirement of the postsecondary
3educational institution.
4    (e) No booster, third party licensee, or any other
5individual or entity, shall provide or directly or indirectly
6arrange for a third party to provide compensation to a
7prospective or current student-athlete or enter into, or
8directly or indirectly arrange for a third party to enter
9into, a publicity rights agreement as an inducement for the
10student-athlete to attend or enroll in a specific institution
11or group of institutions. Compensation for a student-athlete's
12name, image, likeness, or voice shall not be conditioned on
13athletic performance or attendance at a particular
14postsecondary educational institution.
15    (f) A postsecondary educational institution may fund an
16independent, third-party administrator to support education,
17monitoring, disclosures, and reporting concerning name, image,
18likeness, or voice activities by student-athletes authorized
19pursuant to this Act. A third-party administrator cannot be a
20registered athlete agent.
21    (g) No postsecondary educational institution shall provide
22or directly or indirectly arrange for a third party
23third-party to provide compensation to a prospective or
24current student-athlete or enter into, or directly or
25indirectly arrange for a third party to enter into, a
26publicity rights agreement with a prospective or current

 

 

10200HB0307sam002- 114 -LRB102 11622 AMC 29966 a

1student-athlete.
2    (h) No student-athlete shall enter into a publicity rights
3agreement or receive compensation from a third party licensee
4relating to the name, image, likeness, or voice of the
5student-athlete before the date on which the student-athlete
6enrolls at a postsecondary educational institution.
7    (i) No student-athlete shall enter into a publicity rights
8agreement or receive compensation from a third party licensee
9for the endorsement or promotion of gambling, sports betting,
10controlled substances, cannabis, a tobacco or alcohol company,
11brand, or products, alternative or electronic nicotine product
12or delivery system, performance-enhancing supplements, adult
13entertainment, or any other product or service that is
14reasonably considered to be inconsistent with the values or
15mission of a postsecondary educational institution or that
16negatively impacts or reflects adversely on a postsecondary
17educational institution or its athletic programs, including,
18but not limited to, bringing about public disrepute,
19embarrassment, scandal, ridicule, or otherwise negatively
20impacting the reputation or the moral or ethical standards of
21the postsecondary educational institution.
22(Source: P.A. 102-42, eff. 7-1-21; revised 8-3-21.)
 
23    Section 100. The Illinois Educational Labor Relations Act
24is amended by changing Section 11.1 as follows:
 

 

 

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1    (115 ILCS 5/11.1)
2    Sec. 11.1. Dues collection.
3    (a) Employers shall make payroll deductions of employee
4organization dues, initiation fees, assessments, and other
5payments for an employee organization that is the exclusive
6representative. Such deductions shall be made in accordance
7with the terms of an employee's written authorization and
8shall be paid to the exclusive representative. Written
9authorization may be evidenced by electronic communications,
10and such writing or communication may be evidenced by the
11electronic signature of the employee as provided under the
12Uniform Electronic Transactions Act.
13    There is no impediment to an employee's right to resign
14union membership at any time. However, notwithstanding any
15other provision of law to the contrary regarding authorization
16and deduction of dues or other payments to a labor
17organization, the exclusive representative and an educational
18employee may agree to reasonable limits on the right of the
19employee to revoke such authorization, including a period of
20irrevocability that exceeds one year. An authorization that is
21irrevocable for one year, which may be automatically renewed
22for successive annual periods in accordance with the terms of
23the authorization, and that contains at least an annual 10-day
24period of time during which the educational employee may
25revoke the authorization, shall be deemed reasonable. This
26Section shall apply to all claims that allege that an

 

 

10200HB0307sam002- 116 -LRB102 11622 AMC 29966 a

1educational employer or employee organization has improperly
2deducted or collected dues from an employee without regard to
3whether the claims or the facts upon which they are based
4occurred before, on, or after December 20, 2019 (the effective
5date of Public Act 101-620) this amendatory Act of the 101st
6General Assembly and shall apply retroactively to the maximum
7extent permitted by law.
8    (b) Upon receiving written notice of the authorization,
9the educational employer must commence dues deductions as soon
10as practicable, but in no case later than 30 days after
11receiving notice from the employee organization. Employee
12deductions shall be transmitted to the employee organization
13no later than 10 days after they are deducted unless a shorter
14period is mutually agreed to.
15    (c) Deductions shall remain in effect until:
16        (1) the educational employer receives notice that an
17    educational employee has revoked his or her authorization
18    in writing in accordance with the terms of the
19    authorization; or
20        (2) the individual educational employee is no longer
21    employed by the educational employer in a bargaining unit
22    position represented by the same exclusive representative;
23    provided that if such employee is, within a period of one
24    year, employed by the same educational employer in a
25    position represented by the same employee organization,
26    the right to dues deduction shall be automatically

 

 

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1    reinstated.
2    Nothing in this subsection prevents an employee from
3continuing to authorize payroll deductions when no longer
4represented by the exclusive representative that would receive
5those deductions.
6    Should the individual educational employee who has signed
7a dues deduction authorization card either be removed from an
8educational employer's payroll or otherwise placed on any type
9of involuntary or voluntary leave of absence, whether paid or
10unpaid, the employee's dues deduction shall be continued upon
11that employee's return to the payroll in a bargaining unit
12position represented by the same exclusive representative or
13restoration to active duty from such a leave of absence.
14    (d) Unless otherwise mutually agreed by the educational
15employer and the exclusive representative, employee requests
16to authorize, revoke, cancel, or change authorizations for
17payroll deductions for employee organizations shall be
18directed to the employee organization rather than to the
19educational employer. The employee organization shall be
20responsible for initially processing and notifying the
21educational employer of proper requests or providing proper
22requests to the employer. If the requests are not provided to
23the educational employer, the employer shall rely on
24information provided by the employee organization regarding
25whether deductions for an employee organization were properly
26authorized, revoked, canceled, or changed, and the employee

 

 

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1organization shall indemnify the educational employer for any
2damages and reasonable costs incurred for any claims made by
3educational employees for deductions made in good faith
4reliance on that information.
5    (e) Upon receipt by the exclusive representative of an
6appropriate written authorization from an individual
7educational employee, written notice of authorization shall be
8provided to the educational employer and any authorized
9deductions shall be made in accordance with law. The employee
10organization shall indemnify the educational employer for any
11damages and reasonable costs incurred for any claims made by
12an educational employee for deductions made in good faith
13reliance on its notification.
14    (f) The failure of an educational employer to comply with
15the provisions of this Section shall be a violation of the duty
16to bargain and an unfair labor practice. Relief for the
17violation shall be reimbursement by the educational employer
18of dues that should have been deducted or paid based on a valid
19authorization given by the educational employee or employees.
20In addition, the provisions of a collective bargaining
21agreement that contain the obligations set forth in this
22Section may be enforced in accordance with Section 10.
23    (g) The Illinois Educational Labor Relations Board shall
24have exclusive jurisdiction over claims under Illinois law
25that allege an educational employer or employee organization
26has unlawfully deducted or collected dues from an educational

 

 

10200HB0307sam002- 119 -LRB102 11622 AMC 29966 a

1employee in violation of this Act. The Board shall by rule
2require that in cases in which an educational employee alleges
3that an employee organization has unlawfully collected dues,
4the educational employer shall continue to deduct the
5employee's dues from the employee's pay, but shall transmit
6the dues to the Board for deposit in an escrow account
7maintained by the Board. If the exclusive representative
8maintains an escrow account for the purpose of holding dues to
9which an employee has objected, the employer shall transmit
10the entire amount of dues to the exclusive representative, and
11the exclusive representative shall hold in escrow the dues
12that the employer would otherwise have been required to
13transmit to the Board for escrow; provided that the escrow
14account maintained by the exclusive representative complies
15with rules adopted by the Board or that the collective
16bargaining agreement requiring the payment of the dues
17contains an indemnification provision for the purpose of
18indemnifying the employer with respect to the employer's
19transmission of dues to the exclusive representative.
20    (h) If a collective bargaining agreement that includes a
21dues deduction clause expires or continues in effect beyond
22its scheduled expiration date pending the negotiation of a
23successor agreement, then the employer shall continue to honor
24and abide by the dues deduction clause until a new agreement
25that includes a dues deduction clause is reached. Failure to
26honor and abide by the dues deduction clause for the benefit of

 

 

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1any exclusive representative as set forth in this subsection
2(h) shall be a violation of the duty to bargain and an unfair
3labor practice. For the benefit of any successor exclusive
4representative certified under this Act, this provision shall
5be applicable, provided the successor exclusive representative
6presents the employer with employee written authorizations or
7certifications from the exclusive representative for the
8deduction of dues, assessments, and fees under this subsection
9(h).
10    (i)(1) If any clause, sentence, paragraph, or subdivision
11of this Section shall be adjudged by a court of competent
12jurisdiction to be unconstitutional or otherwise invalid, that
13judgment shall not affect, impair, or invalidate the remainder
14thereof, but shall be confined in its operation to the clause,
15sentence, paragraph, or subdivision of this Section directly
16involved in the controversy in which such judgment shall have
17been rendered.
18    (2) If any clause, sentence, paragraph, or part of a
19signed authorization for payroll deductions shall be adjudged
20by a court of competent jurisdiction to be unconstitutional or
21otherwise invalid, that judgment shall not affect, impair, or
22invalidate the remainder of the signed authorization, but
23shall be confined in its operation to the clause, sentence,
24paragraph, or part of the signed authorization directly
25involved in the controversy in which such judgment shall have
26been rendered.

 

 

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1(Source: P.A. 101-620, eff. 12-20-19; 102-38, eff. 6-25-21;
2revised 8-3-21.)
 
3    Section 105. The Savings Bank Act is amended by changing
4Section 6001 as follows:
 
5    (205 ILCS 205/6001)  (from Ch. 17, par. 7306-1)
6    Sec. 6001. General provisions.
7    (a) No savings bank shall make any loan or investment
8authorized by this Article unless the savings bank first has
9determined that the type, amount, purpose, and repayment
10provisions of the loan or investment in relation to the
11borrower's or issuer's resources and credit standing support
12the reasonable belief that the loan or investment will be
13financially sound and will be repaid according to its terms
14and that the loan or investment is not otherwise unlawful.
15    (b) Each loan or investment that a savings bank makes or
16purchases, whether wholly or in part, must be adequately
17underwritten, reviewed periodically, and reserved against as
18necessary in accordance with its payment performance, all in
19accordance with the regulations and directives of the
20Commissioner.
21    (c) Every appraisal or reappraisal of property that a
22savings bank is required to make shall be made as follows:
23        (1) By an independent qualified appraiser, designated
24    by the board of directors, who is properly licensed or

 

 

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1    certified by the entity authorized to govern his licensure
2    or certification and who meets the requirements of the
3    Appraisal Subcommittee and of the Federal Act.
4        (2) In the case of an insured or guaranteed loan, by
5    any appraiser appointed by any lending, insuring, or
6    guaranteeing agency of the United States or the State of
7    Illinois that insures or guarantees the loan, wholly or in
8    part.
9        (3) Each appraisal shall be in writing prepared at the
10    request of the lender for the lender's use; disclose the
11    market value of the security offered; contain sufficient
12    information and data concerning the appraised property to
13    substantiate the market value thereof; be certified and
14    signed by the appraiser or appraisers; and state that the
15    appraiser or appraisers have personally examined the
16    described property. The appraisal shall be filed and
17    preserved by the savings bank. In addition, the appraisal
18    shall be prepared and reported in accordance with the
19    Standards of Professional Practice and the ethical rules
20    of the Appraisal Foundation as adopted and promulgated by
21    the Appraisal Subcommittee.
22    (d) If appraisals of real estate securing a savings bank's
23loans are obtained as part of an examination by the
24Commissioner, the cost of those appraisals shall promptly be
25paid by the savings bank directly to the appraiser or
26appraisers.

 

 

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1    (e) Any violation of this Article shall constitute an
2unsafe or unsound practice. Any person who knowingly violates
3any provision of this Article shall be subject to enforcement
4action or civil money penalties as provided for in this Act.
5    (f) For purposes of this Article, "underwriting" shall
6mean the process of compiling information to support a
7determination as to whether an investment or extension of
8credit shall be made by a savings bank. It shall include, but
9not be limited to, evaluating a borrower's creditworthiness,
10determination of the value of the underlying collateral,
11market factors, and the appropriateness of the investment or
12loan for the savings bank. Underwriting as used herein does
13not include the agreement to purchase unsold portions of
14public offerings of stocks or bonds as commonly used in
15corporate securities issuances and sales.
16    (g) For purposes of this Section, the following
17definitions shall apply:
18        (1) "Federal Act" means Title XI of the Financial
19    Institutions Reform, Recovery, and Enforcement Act of 1989
20    and regulations adopted pursuant thereto.
21        (2) "Appraisal Subcommittee" means the designee of the
22    heads of the Federal Financial Institutions Examination
23    Council Act of 1978 (12 U.S.C. 3301 et seq.).
24        (3) "Appraisal Foundation" means the Appraisal
25    Foundation that was incorporated as an Illinois
26    not-for-profit corporation on November 30, 1987.

 

 

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1(Source: P.A. 90-665, eff. 7-30-98; revised 7-30-21.)
 
2    Section 110. The Illinois Credit Union Act is amended by
3changing Section 20 as follows:
 
4    (205 ILCS 305/20)  (from Ch. 17, par. 4421)
5    Sec. 20. Election or appointment of officials.
6    (1) The credit union shall be directed by a board of
7directors consisting of no less than 7 in number, to be elected
8at the annual meeting by and from the members. Directors shall
9hold office until the next annual meeting, unless their terms
10are staggered. Upon amendment of its bylaws, a credit union
11may divide the directors into 2 or 3 classes with each class as
12nearly equal in number as possible. The term of office of the
13directors of the first class shall expire at the first annual
14meeting after their election, that of the second class shall
15expire at the second annual meeting after their election, and
16that of the third class, if any, shall expire at the third
17annual meeting after their election. At each annual meeting
18after the classification, the number of directors equal to the
19number of directors whose terms expire at the time of the
20meeting shall be elected to hold office until the second
21succeeding annual meeting if there are 2 classes or until the
22third succeeding annual meeting if there are 3 classes. A
23director shall hold office for the term for which he or she is
24elected and until his or her successor is elected and

 

 

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1qualified.
2    (1.5) Except as provided in subsection (1.10), in all
3elections for directors, every member has the right to vote,
4in person, by proxy, or by secure electronic record if
5approved by the board of directors, the number of shares owned
6by him, or in the case of a member other than a natural person,
7the member's one vote, for as many persons as there are
8directors to be elected, or to cumulate such shares, and give
9one candidate as many votes as the number of directors
10multiplied by the number of his shares equals, or to
11distribute them on the same principle among as many candidates
12as he may desire and the directors shall not be elected in any
13other manner. Shares held in a joint account owned by more than
14one member may be voted by any one of the members, however, the
15number of cumulative votes cast may not exceed a total equal to
16the number of shares multiplied by the number of directors to
17be elected. A majority of the shares entitled to vote shall be
18represented either in person or by proxy for the election of
19directors. Each director shall wholly take and subscribe to an
20oath that he will diligently and honestly perform his duties
21in administering the affairs of the credit union, that while
22he may delegate to another the performance of those
23administrative duties he is not thereby relieved from his
24responsibility for their performance, that he will not
25knowingly violate or permit to be violated any law applicable
26to the credit union, and that he is the owner of at least one

 

 

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1share of the credit union.
2    (1.10) Upon amendment of a credit union's bylaws approved
3by the members, in all elections for directors, every member
4who is a natural person shall have the right to cast one vote,
5regardless of the number of his or her shares, in person, by
6proxy, or by secure electronic record if approved by the board
7of directors, for as many persons as there are directors to be
8elected.
9    (1.15) If the board of directors has adopted a policy
10addressing age eligibility standards on voting, holding
11office, or petitioning the board, then a credit union may
12require (i) that members be at least 18 years of age by the
13date of the meeting in order to vote at meetings of the
14members, sign nominating petitions, or sign petitions
15requesting special meetings, and (ii) that members be at least
1618 years of age by the date of election or appointment in order
17to hold elective or appointive office.
18    (2) The board of directors shall appoint from among the
19members of the credit union, a supervisory committee of not
20less than 3 members at the organization meeting and within 30
21days following each annual meeting of the members for such
22terms as the bylaws provide. Members of the supervisory
23committee may, but need not be, on the board of directors, but
24shall not be officers of the credit union, members of the
25credit committee, or the credit manager if no credit committee
26has been appointed.

 

 

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1    (3) The board of directors may appoint, from among the
2members of the credit union, a credit committee consisting of
3an odd number, not less than 3 for such terms as the bylaws
4provide. Members of the credit committee may, but need not be,
5directors or officers of the credit union, but shall not be
6members of the supervisory committee.
7    (4) The board of directors may appoint from among the
8members of the credit union a membership committee of one or
9more persons. If appointed, the committee shall act upon all
10applications for membership and submit a report of its actions
11to the board of directors at the next regular meeting for
12review. If no membership committee is appointed, credit union
13management shall act upon all applications for membership and
14submit a report of its actions to the board of directors at the
15next regular meeting for review.
16    (5) As used in this Section, "electronic" and "electronic
17record" have the meanings ascribed to those terms in the
18Uniform Electronic Transactions Act. As used in this Section,
19"secured electronic record" means an electronic record that
20meets the criteria set forth in the Uniform Electronic
21Transactions Act.
22(Source: P.A. 102-38, eff. 6-25-21; revised 8-3-21.)
 
23    Section 115. The Illinois Community Reinvestment Act is
24amended by changing Section 35-1 as follows:
 

 

 

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1    (205 ILCS 735/35-1)
2    Sec. 35-1. Short title. This Article Act may be cited as
3the Illinois Community Reinvestment Act. References in this
4Article to "this Act" mean this Article.
5(Source: P.A. 101-657, eff. 3-23-21; revised 7-16-21.)
 
6    Section 120. The Specialized Mental Health Rehabilitation
7Act of 2013 is amended by changing Section 5-112 as follows:
 
8    (210 ILCS 49/5-112)
9    Sec. 5-112. Bed reduction payments. The Department of
10Healthcare and Family Services shall make payments to
11facilities licensed under this Act for the purpose of reducing
12bed capacity and room occupancy. Facilities desiring to
13participate in these payments shall submit a proposal to the
14Department for review. In the proposal the facility shall
15detail the number of beds that are seeking to eliminate and the
16price they are requesting to eliminate those beds. The
17facility shall also detail in their proposal if the affected
18effected beds would reduce room occupancy from 3 or 4 beds to
19double occupancy or if is the bed elimination would create
20single occupancy. Priority will be given to proposals that
21eliminate the use of three-person or four-person occupancy
22rooms. Proposals shall be collected by the Department within a
23specific time period and the Department will negotiate all
24payments before making final awards to ensure that the funding

 

 

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1appropriated is sufficient to fund the awards. Payments shall
2not be less than $25,000 per bed and proposals to eliminate
3beds that lead to single occupancy rooms shall receive an
4additional $10,000 per bed over and above any other negotiated
5bed elimination payment. Before a facility can receive payment
6under this Section, the facility must receive approval from
7the Department of Public Health for the permanent removal of
8the beds for which they are receiving payment. Payment for the
9elimination of the beds shall be made within 15 days of the
10facility notifying the Department of Public Health about the
11bed license elimination. Under no circumstances shall a
12facility be allowed to increase the capacity of a facility
13once payment has been received for the elimination of beds.
14(Source: P.A. 102-16, eff. 6-17-21; revised 7-16-21.)
 
15    Section 125. The Emergency Medical Services (EMS) Systems
16Act is amended by changing Sections 3.116, 3.117, and 3.117.5
17as follows:
 
18    (210 ILCS 50/3.116)
19    Sec. 3.116. Hospital Stroke Care; definitions. As used in
20Sections 3.116 through 3.119, 3.130, 3.200, and 3.226 of this
21Act:
22    "Acute Stroke-Ready Hospital" means a hospital that has
23been designated by the Department as meeting the criteria for
24providing emergent stroke care. Designation may be provided

 

 

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1after a hospital has been certified or through application and
2designation as such.
3    "Certification" or "certified" means certification, using
4evidence-based standards, from a nationally recognized
5nationally-recognized certifying body approved by the
6Department.
7    "Comprehensive Stroke Center" means a hospital that has
8been certified and has been designated as such.
9    "Designation" or "designated" means the Department's
10recognition of a hospital as a Comprehensive Stroke Center,
11Primary Stroke Center, or Acute Stroke-Ready Hospital.
12    "Emergent stroke care" is emergency medical care that
13includes diagnosis and emergency medical treatment of acute
14stroke patients.
15    "Emergent Stroke Ready Hospital" means a hospital that has
16been designated by the Department as meeting the criteria for
17providing emergent stroke care.
18    "Primary Stroke Center" means a hospital that has been
19certified by a Department-approved, nationally recognized
20nationally-recognized certifying body and designated as such
21by the Department.
22    "Regional Stroke Advisory Subcommittee" means a
23subcommittee formed within each Regional EMS Advisory
24Committee to advise the Director and the Region's EMS Medical
25Directors Committee on the triage, treatment, and transport of
26possible acute stroke patients and to select the Region's

 

 

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1representative to the State Stroke Advisory Subcommittee. At
2minimum, the Regional Stroke Advisory Subcommittee shall
3consist of: one representative from the EMS Medical Directors
4Committee; one EMS coordinator from a Resource Hospital; one
5administrative representative or his or her designee from each
6level of stroke care, including Comprehensive Stroke Centers
7within the Region, if any, Primary Stroke Centers within the
8Region, if any, and Acute Stroke-Ready Hospitals within the
9Region, if any; one physician from each level of stroke care,
10including one physician who is a neurologist or who provides
11advanced stroke care at a Comprehensive Stroke Center in the
12Region, if any, one physician who is a neurologist or who
13provides acute stroke care at a Primary Stroke Center in the
14Region, if any, and one physician who provides acute stroke
15care at an Acute Stroke-Ready Hospital in the Region, if any;
16one nurse practicing in each level of stroke care, including
17one nurse from a Comprehensive Stroke Center in the Region, if
18any, one nurse from a Primary Stroke Center in the Region, if
19any, and one nurse from an Acute Stroke-Ready Hospital in the
20Region, if any; one representative from both a public and a
21private vehicle service provider that transports possible
22acute stroke patients within the Region; the State-designated
23regional EMS Coordinator; and a fire chief or his or her
24designee from the EMS Region, if the Region serves a
25population of more than 2,000,000. The Regional Stroke
26Advisory Subcommittee shall establish bylaws to ensure equal

 

 

10200HB0307sam002- 132 -LRB102 11622 AMC 29966 a

1membership that rotates and clearly delineates committee
2responsibilities and structure. Of the members first
3appointed, one-third shall be appointed for a term of one
4year, one-third shall be appointed for a term of 2 years, and
5the remaining members shall be appointed for a term of 3 years.
6The terms of subsequent appointees shall be 3 years.
7    "State Stroke Advisory Subcommittee" means a standing
8advisory body within the State Emergency Medical Services
9Advisory Council.
10(Source: P.A. 98-1001, eff. 1-1-15; revised 7-16-21.)
 
11    (210 ILCS 50/3.117)
12    Sec. 3.117. Hospital designations.
13    (a) The Department shall attempt to designate Primary
14Stroke Centers in all areas of the State.
15        (1) The Department shall designate as many certified
16    Primary Stroke Centers as apply for that designation
17    provided they are certified by a nationally recognized
18    nationally-recognized certifying body, approved by the
19    Department, and certification criteria are consistent with
20    the most current nationally recognized
21    nationally-recognized, evidence-based stroke guidelines
22    related to reducing the occurrence, disabilities, and
23    death associated with stroke.
24        (2) A hospital certified as a Primary Stroke Center by
25    a nationally recognized nationally-recognized certifying

 

 

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1    body approved by the Department, shall send a copy of the
2    Certificate and annual fee to the Department and shall be
3    deemed, within 30 business days of its receipt by the
4    Department, to be a State-designated Primary Stroke
5    Center.
6        (3) A center designated as a Primary Stroke Center
7    shall pay an annual fee as determined by the Department
8    that shall be no less than $100 and no greater than $500.
9    All fees shall be deposited into the Stroke Data
10    Collection Fund.
11        (3.5) With respect to a hospital that is a designated
12    Primary Stroke Center, the Department shall have the
13    authority and responsibility to do the following:
14            (A) Suspend or revoke a hospital's Primary Stroke
15        Center designation upon receiving notice that the
16        hospital's Primary Stroke Center certification has
17        lapsed or has been revoked by the State recognized
18        certifying body.
19            (B) Suspend a hospital's Primary Stroke Center
20        designation, in extreme circumstances where patients
21        may be at risk for immediate harm or death, until such
22        time as the certifying body investigates and makes a
23        final determination regarding certification.
24            (C) Restore any previously suspended or revoked
25        Department designation upon notice to the Department
26        that the certifying body has confirmed or restored the

 

 

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1        Primary Stroke Center certification of that previously
2        designated hospital.
3            (D) Suspend a hospital's Primary Stroke Center
4        designation at the request of a hospital seeking to
5        suspend its own Department designation.
6        (4) Primary Stroke Center designation shall remain
7    valid at all times while the hospital maintains its
8    certification as a Primary Stroke Center, in good
9    standing, with the certifying body. The duration of a
10    Primary Stroke Center designation shall coincide with the
11    duration of its Primary Stroke Center certification. Each
12    designated Primary Stroke Center shall have its
13    designation automatically renewed upon the Department's
14    receipt of a copy of the accrediting body's certification
15    renewal.
16        (5) A hospital that no longer meets nationally
17    recognized nationally-recognized, evidence-based
18    standards for Primary Stroke Centers, or loses its Primary
19    Stroke Center certification, shall notify the Department
20    and the Regional EMS Advisory Committee within 5 business
21    days.
22    (a-5) The Department shall attempt to designate
23Comprehensive Stroke Centers in all areas of the State.
24        (1) The Department shall designate as many certified
25    Comprehensive Stroke Centers as apply for that
26    designation, provided that the Comprehensive Stroke

 

 

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1    Centers are certified by a nationally recognized
2    nationally-recognized certifying body approved by the
3    Department, and provided that the certifying body's
4    certification criteria are consistent with the most
5    current nationally recognized nationally-recognized and
6    evidence-based stroke guidelines for reducing the
7    occurrence of stroke and the disabilities and death
8    associated with stroke.
9        (2) A hospital certified as a Comprehensive Stroke
10    Center shall send a copy of the Certificate and annual fee
11    to the Department and shall be deemed, within 30 business
12    days of its receipt by the Department, to be a
13    State-designated Comprehensive Stroke Center.
14        (3) A hospital designated as a Comprehensive Stroke
15    Center shall pay an annual fee as determined by the
16    Department that shall be no less than $100 and no greater
17    than $500. All fees shall be deposited into the Stroke
18    Data Collection Fund.
19        (4) With respect to a hospital that is a designated
20    Comprehensive Stroke Center, the Department shall have the
21    authority and responsibility to do the following:
22            (A) Suspend or revoke the hospital's Comprehensive
23        Stroke Center designation upon receiving notice that
24        the hospital's Comprehensive Stroke Center
25        certification has lapsed or has been revoked by the
26        State recognized certifying body.

 

 

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1            (B) Suspend the hospital's Comprehensive Stroke
2        Center designation, in extreme circumstances in which
3        patients may be at risk for immediate harm or death,
4        until such time as the certifying body investigates
5        and makes a final determination regarding
6        certification.
7            (C) Restore any previously suspended or revoked
8        Department designation upon notice to the Department
9        that the certifying body has confirmed or restored the
10        Comprehensive Stroke Center certification of that
11        previously designated hospital.
12            (D) Suspend the hospital's Comprehensive Stroke
13        Center designation at the request of a hospital
14        seeking to suspend its own Department designation.
15        (5) Comprehensive Stroke Center designation shall
16    remain valid at all times while the hospital maintains its
17    certification as a Comprehensive Stroke Center, in good
18    standing, with the certifying body. The duration of a
19    Comprehensive Stroke Center designation shall coincide
20    with the duration of its Comprehensive Stroke Center
21    certification. Each designated Comprehensive Stroke Center
22    shall have its designation automatically renewed upon the
23    Department's receipt of a copy of the certifying body's
24    certification renewal.
25        (6) A hospital that no longer meets nationally
26    recognized nationally-recognized, evidence-based

 

 

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1    standards for Comprehensive Stroke Centers, or loses its
2    Comprehensive Stroke Center certification, shall notify
3    the Department and the Regional EMS Advisory Committee
4    within 5 business days.
5    (b) Beginning on the first day of the month that begins 12
6months after the adoption of rules authorized by this
7subsection, the Department shall attempt to designate
8hospitals as Acute Stroke-Ready Hospitals in all areas of the
9State. Designation may be approved by the Department after a
10hospital has been certified as an Acute Stroke-Ready Hospital
11or through application and designation by the Department. For
12any hospital that is designated as an Emergent Stroke Ready
13Hospital at the time that the Department begins the
14designation of Acute Stroke-Ready Hospitals, the Emergent
15Stroke Ready designation shall remain intact for the duration
16of the 12-month period until that designation expires. Until
17the Department begins the designation of hospitals as Acute
18Stroke-Ready Hospitals, hospitals may achieve Emergent Stroke
19Ready Hospital designation utilizing the processes and
20criteria provided in Public Act 96-514.
21        (1) (Blank).
22        (2) Hospitals may apply for, and receive, Acute
23    Stroke-Ready Hospital designation from the Department,
24    provided that the hospital attests, on a form developed by
25    the Department in consultation with the State Stroke
26    Advisory Subcommittee, that it meets, and will continue to

 

 

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1    meet, the criteria for Acute Stroke-Ready Hospital
2    designation and pays an annual fee.
3        A hospital designated as an Acute Stroke-Ready
4    Hospital shall pay an annual fee as determined by the
5    Department that shall be no less than $100 and no greater
6    than $500. All fees shall be deposited into the Stroke
7    Data Collection Fund.
8        (2.5) A hospital may apply for, and receive, Acute
9    Stroke-Ready Hospital designation from the Department,
10    provided that the hospital provides proof of current Acute
11    Stroke-Ready Hospital certification and the hospital pays
12    an annual fee.
13            (A) Acute Stroke-Ready Hospital designation shall
14        remain valid at all times while the hospital maintains
15        its certification as an Acute Stroke-Ready Hospital,
16        in good standing, with the certifying body.
17            (B) The duration of an Acute Stroke-Ready Hospital
18        designation shall coincide with the duration of its
19        Acute Stroke-Ready Hospital certification.
20            (C) Each designated Acute Stroke-Ready Hospital
21        shall have its designation automatically renewed upon
22        the Department's receipt of a copy of the certifying
23        body's certification renewal and Application for
24        Stroke Center Designation form.
25            (D) A hospital must submit a copy of its
26        certification renewal from the certifying body as soon

 

 

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1        as practical but no later than 30 business days after
2        that certification is received by the hospital. Upon
3        the Department's receipt of the renewal certification,
4        the Department shall renew the hospital's Acute
5        Stroke-Ready Hospital designation.
6            (E) A hospital designated as an Acute Stroke-Ready
7        Hospital shall pay an annual fee as determined by the
8        Department that shall be no less than $100 and no
9        greater than $500. All fees shall be deposited into
10        the Stroke Data Collection Fund.
11        (3) Hospitals seeking Acute Stroke-Ready Hospital
12    designation that do not have certification shall develop
13    policies and procedures that are consistent with
14    nationally recognized nationally-recognized,
15    evidence-based protocols for the provision of emergent
16    stroke care. Hospital policies relating to emergent stroke
17    care and stroke patient outcomes shall be reviewed at
18    least annually, or more often as needed, by a hospital
19    committee that oversees quality improvement. Adjustments
20    shall be made as necessary to advance the quality of
21    stroke care delivered. Criteria for Acute Stroke-Ready
22    Hospital designation of hospitals shall be limited to the
23    ability of a hospital to:
24            (A) create written acute care protocols related to
25        emergent stroke care;
26            (A-5) participate in the data collection system

 

 

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1        provided in Section 3.118, if available;
2            (B) maintain a written transfer agreement with one
3        or more hospitals that have neurosurgical expertise;
4            (C) designate a Clinical Director of Stroke Care
5        who shall be a clinical member of the hospital staff
6        with training or experience, as defined by the
7        facility, in the care of patients with cerebrovascular
8        disease. This training or experience may include, but
9        is not limited to, completion of a fellowship or other
10        specialized training in the area of cerebrovascular
11        disease, attendance at national courses, or prior
12        experience in neuroscience intensive care units. The
13        Clinical Director of Stroke Care may be a neurologist,
14        neurosurgeon, emergency medicine physician, internist,
15        radiologist, advanced practice registered nurse, or
16        physician's assistant;
17            (C-5) provide rapid access to an acute stroke
18        team, as defined by the facility, that considers and
19        reflects nationally recognized, evidence-based
20        nationally-recognized, evidenced-based protocols or
21        guidelines;
22            (D) administer thrombolytic therapy, or
23        subsequently developed medical therapies that meet
24        nationally recognized nationally-recognized,
25        evidence-based stroke guidelines;
26            (E) conduct brain image tests at all times;

 

 

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1            (F) conduct blood coagulation studies at all
2        times;
3            (G) maintain a log of stroke patients, which shall
4        be available for review upon request by the Department
5        or any hospital that has a written transfer agreement
6        with the Acute Stroke-Ready Hospital;
7            (H) admit stroke patients to a unit that can
8        provide appropriate care that considers and reflects
9        nationally recognized nationally-recognized,
10        evidence-based protocols or guidelines or transfer
11        stroke patients to an Acute Stroke-Ready Hospital,
12        Primary Stroke Center, or Comprehensive Stroke Center,
13        or another facility that can provide the appropriate
14        care that considers and reflects nationally recognized
15        nationally-recognized, evidence-based protocols or
16        guidelines; and
17            (I) demonstrate compliance with nationally
18        recognized nationally-recognized quality indicators.
19        (4) With respect to Acute Stroke-Ready Hospital
20    designation, the Department shall have the authority and
21    responsibility to do the following:
22            (A) Require hospitals applying for Acute
23        Stroke-Ready Hospital designation to attest, on a form
24        developed by the Department in consultation with the
25        State Stroke Advisory Subcommittee, that the hospital
26        meets, and will continue to meet, the criteria for an

 

 

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1        Acute Stroke-Ready Hospital.
2            (A-5) Require hospitals applying for Acute
3        Stroke-Ready Hospital designation via national Acute
4        Stroke-Ready Hospital certification to provide proof
5        of current Acute Stroke-Ready Hospital certification,
6        in good standing.
7            The Department shall require a hospital that is
8        already certified as an Acute Stroke-Ready Hospital to
9        send a copy of the Certificate to the Department.
10            Within 30 business days of the Department's
11        receipt of a hospital's Acute Stroke-Ready Certificate
12        and Application for Stroke Center Designation form
13        that indicates that the hospital is a certified Acute
14        Stroke-Ready Hospital, in good standing, the hospital
15        shall be deemed a State-designated Acute Stroke-Ready
16        Hospital. The Department shall send a designation
17        notice to each hospital that it designates as an Acute
18        Stroke-Ready Hospital and shall add the names of
19        designated Acute Stroke-Ready Hospitals to the website
20        listing immediately upon designation. The Department
21        shall immediately remove the name of a hospital from
22        the website listing when a hospital loses its
23        designation after notice and, if requested by the
24        hospital, a hearing.
25            The Department shall develop an Application for
26        Stroke Center Designation form that contains a

 

 

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1        statement that "The above named facility meets the
2        requirements for Acute Stroke-Ready Hospital
3        Designation as provided in Section 3.117 of the
4        Emergency Medical Services (EMS) Systems Act" and
5        shall instruct the applicant facility to provide: the
6        hospital name and address; the hospital CEO or
7        Administrator's typed name and signature; the hospital
8        Clinical Director of Stroke Care's typed name and
9        signature; and a contact person's typed name, email
10        address, and phone number.
11            The Application for Stroke Center Designation form
12        shall contain a statement that instructs the hospital
13        to "Provide proof of current Acute Stroke-Ready
14        Hospital certification from a nationally recognized
15        nationally-recognized certifying body approved by the
16        Department".
17            (B) Designate a hospital as an Acute Stroke-Ready
18        Hospital no more than 30 business days after receipt
19        of an attestation that meets the requirements for
20        attestation, unless the Department, within 30 days of
21        receipt of the attestation, chooses to conduct an
22        onsite survey prior to designation. If the Department
23        chooses to conduct an onsite survey prior to
24        designation, then the onsite survey shall be conducted
25        within 90 days of receipt of the attestation.
26            (C) Require annual written attestation, on a form

 

 

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1        developed by the Department in consultation with the
2        State Stroke Advisory Subcommittee, by Acute
3        Stroke-Ready Hospitals to indicate compliance with
4        Acute Stroke-Ready Hospital criteria, as described in
5        this Section, and automatically renew Acute
6        Stroke-Ready Hospital designation of the hospital.
7            (D) Issue an Emergency Suspension of Acute
8        Stroke-Ready Hospital designation when the Director,
9        or his or her designee, has determined that the
10        hospital no longer meets the Acute Stroke-Ready
11        Hospital criteria and an immediate and serious danger
12        to the public health, safety, and welfare exists. If
13        the Acute Stroke-Ready Hospital fails to eliminate the
14        violation immediately or within a fixed period of
15        time, not exceeding 10 days, as determined by the
16        Director, the Director may immediately revoke the
17        Acute Stroke-Ready Hospital designation. The Acute
18        Stroke-Ready Hospital may appeal the revocation within
19        15 business days after receiving the Director's
20        revocation order, by requesting an administrative
21        hearing.
22            (E) After notice and an opportunity for an
23        administrative hearing, suspend, revoke, or refuse to
24        renew an Acute Stroke-Ready Hospital designation, when
25        the Department finds the hospital is not in
26        substantial compliance with current Acute Stroke-Ready

 

 

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1        Hospital criteria.
2    (c) The Department shall consult with the State Stroke
3Advisory Subcommittee for developing the designation,
4re-designation, and de-designation processes for Comprehensive
5Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready
6Hospitals.
7    (d) The Department shall consult with the State Stroke
8Advisory Subcommittee as subject matter experts at least
9annually regarding stroke standards of care.
10(Source: P.A. 100-513, eff. 1-1-18; revised 7-16-21.)
 
11    (210 ILCS 50/3.117.5)
12    Sec. 3.117.5. Hospital Stroke Care; grants.
13    (a) In order to encourage the establishment and retention
14of Comprehensive Stroke Centers, Primary Stroke Centers, and
15Acute Stroke-Ready Hospitals throughout the State, the
16Director may award, subject to appropriation, matching grants
17to hospitals to be used for the acquisition and maintenance of
18necessary infrastructure, including personnel, equipment, and
19pharmaceuticals for the diagnosis and treatment of acute
20stroke patients. Grants may be used to pay the fee for
21certifications by Department approved nationally recognized
22nationally-recognized certifying bodies or to provide
23additional training for directors of stroke care or for
24hospital staff.
25    (b) The Director may award grant moneys to Comprehensive

 

 

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1Stroke Centers, Primary Stroke Centers, and Acute Stroke-Ready
2Hospitals for developing or enlarging stroke networks, for
3stroke education, and to enhance the ability of the EMS System
4to respond to possible acute stroke patients.
5    (c) A Comprehensive Stroke Center, Primary Stroke Center,
6or Acute Stroke-Ready Hospital, or a hospital seeking
7certification as a Comprehensive Stroke Center, Primary Stroke
8Center, or Acute Stroke-Ready Hospital or designation as an
9Acute Stroke-Ready Hospital, may apply to the Director for a
10matching grant in a manner and form specified by the Director
11and shall provide information as the Director deems necessary
12to determine whether the hospital is eligible for the grant.
13    (d) Matching grant awards shall be made to Comprehensive
14Stroke Centers, Primary Stroke Centers, Acute Stroke-Ready
15Hospitals, or hospitals seeking certification or designation
16as a Comprehensive Stroke Center, Primary Stroke Center, or
17Acute Stroke-Ready Hospital. The Department may consider
18prioritizing grant awards to hospitals in areas with the
19highest incidence of stroke, taking into account geographic
20diversity, where possible.
21(Source: P.A. 98-1001, eff. 1-1-15; revised 7-16-21.)
 
22    Section 130. The Medical Practice Act of 1987 is amended
23by changing Section 23 as follows:
 
24    (225 ILCS 60/23)  (from Ch. 111, par. 4400-23)

 

 

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1    (Text of Section before amendment by P.A. 102-20)
2    (Section scheduled to be repealed on January 1, 2027)
3    Sec. 23. Reports relating to professional conduct and
4capacity.
5    (A) Entities required to report.
6        (1) Health care institutions. The chief administrator
7    or executive officer of any health care institution
8    licensed by the Illinois Department of Public Health shall
9    report to the Disciplinary Board when any person's
10    clinical privileges are terminated or are restricted based
11    on a final determination made in accordance with that
12    institution's by-laws or rules and regulations that a
13    person has either committed an act or acts which may
14    directly threaten patient care or that a person may have a
15    mental or physical disability that may endanger patients
16    under that person's care. Such officer also shall report
17    if a person accepts voluntary termination or restriction
18    of clinical privileges in lieu of formal action based upon
19    conduct related directly to patient care or in lieu of
20    formal action seeking to determine whether a person may
21    have a mental or physical disability that may endanger
22    patients under that person's care. The Disciplinary Board
23    shall, by rule, provide for the reporting to it by health
24    care institutions of all instances in which a person,
25    licensed under this Act, who is impaired by reason of age,
26    drug or alcohol abuse or physical or mental impairment, is

 

 

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1    under supervision and, where appropriate, is in a program
2    of rehabilitation. Such reports shall be strictly
3    confidential and may be reviewed and considered only by
4    the members of the Disciplinary Board, or by authorized
5    staff as provided by rules of the Disciplinary Board.
6    Provisions shall be made for the periodic report of the
7    status of any such person not less than twice annually in
8    order that the Disciplinary Board shall have current
9    information upon which to determine the status of any such
10    person. Such initial and periodic reports of impaired
11    physicians shall not be considered records within the
12    meaning of the The State Records Act and shall be disposed
13    of, following a determination by the Disciplinary Board
14    that such reports are no longer required, in a manner and
15    at such time as the Disciplinary Board shall determine by
16    rule. The filing of such reports shall be construed as the
17    filing of a report for purposes of subsection (C) of this
18    Section.
19        (1.5) Clinical training programs. The program director
20    of any post-graduate clinical training program shall
21    report to the Disciplinary Board if a person engaged in a
22    post-graduate clinical training program at the
23    institution, including, but not limited to, a residency or
24    fellowship, separates from the program for any reason
25    prior to its conclusion. The program director shall
26    provide all documentation relating to the separation if,

 

 

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1    after review of the report, the Disciplinary Board
2    determines that a review of those documents is necessary
3    to determine whether a violation of this Act occurred.
4        (2) Professional associations. The President or chief
5    executive officer of any association or society, of
6    persons licensed under this Act, operating within this
7    State shall report to the Disciplinary Board when the
8    association or society renders a final determination that
9    a person has committed unprofessional conduct related
10    directly to patient care or that a person may have a mental
11    or physical disability that may endanger patients under
12    that person's care.
13        (3) Professional liability insurers. Every insurance
14    company which offers policies of professional liability
15    insurance to persons licensed under this Act, or any other
16    entity which seeks to indemnify the professional liability
17    of a person licensed under this Act, shall report to the
18    Disciplinary Board the settlement of any claim or cause of
19    action, or final judgment rendered in any cause of action,
20    which alleged negligence in the furnishing of medical care
21    by such licensed person when such settlement or final
22    judgment is in favor of the plaintiff.
23        (4) State's Attorneys. The State's Attorney of each
24    county shall report to the Disciplinary Board, within 5
25    days, any instances in which a person licensed under this
26    Act is convicted of any felony or Class A misdemeanor. The

 

 

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1    State's Attorney of each county may report to the
2    Disciplinary Board through a verified complaint any
3    instance in which the State's Attorney believes that a
4    physician has willfully violated the notice requirements
5    of the Parental Notice of Abortion Act of 1995.
6        (5) State agencies. All agencies, boards, commissions,
7    departments, or other instrumentalities of the government
8    of the State of Illinois shall report to the Disciplinary
9    Board any instance arising in connection with the
10    operations of such agency, including the administration of
11    any law by such agency, in which a person licensed under
12    this Act has either committed an act or acts which may be a
13    violation of this Act or which may constitute
14    unprofessional conduct related directly to patient care or
15    which indicates that a person licensed under this Act may
16    have a mental or physical disability that may endanger
17    patients under that person's care.
18    (B) Mandatory reporting. All reports required by items
19(34), (35), and (36) of subsection (A) of Section 22 and by
20Section 23 shall be submitted to the Disciplinary Board in a
21timely fashion. Unless otherwise provided in this Section, the
22reports shall be filed in writing within 60 days after a
23determination that a report is required under this Act. All
24reports shall contain the following information:
25        (1) The name, address and telephone number of the
26    person making the report.

 

 

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1        (2) The name, address and telephone number of the
2    person who is the subject of the report.
3        (3) The name and date of birth of any patient or
4    patients whose treatment is a subject of the report, if
5    available, or other means of identification if such
6    information is not available, identification of the
7    hospital or other healthcare facility where the care at
8    issue in the report was rendered, provided, however, no
9    medical records may be revealed.
10        (4) A brief description of the facts which gave rise
11    to the issuance of the report, including the dates of any
12    occurrences deemed to necessitate the filing of the
13    report.
14        (5) If court action is involved, the identity of the
15    court in which the action is filed, along with the docket
16    number and date of filing of the action.
17        (6) Any further pertinent information which the
18    reporting party deems to be an aid in the evaluation of the
19    report.
20    The Disciplinary Board or Department may also exercise the
21power under Section 38 of this Act to subpoena copies of
22hospital or medical records in mandatory report cases alleging
23death or permanent bodily injury. Appropriate rules shall be
24adopted by the Department with the approval of the
25Disciplinary Board.
26    When the Department has received written reports

 

 

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1concerning incidents required to be reported in items (34),
2(35), and (36) of subsection (A) of Section 22, the licensee's
3failure to report the incident to the Department under those
4items shall not be the sole grounds for disciplinary action.
5    Nothing contained in this Section shall act to, in any
6way, waive or modify the confidentiality of medical reports
7and committee reports to the extent provided by law. Any
8information reported or disclosed shall be kept for the
9confidential use of the Disciplinary Board, the Medical
10Coordinators, the Disciplinary Board's attorneys, the medical
11investigative staff, and authorized clerical staff, as
12provided in this Act, and shall be afforded the same status as
13is provided information concerning medical studies in Part 21
14of Article VIII of the Code of Civil Procedure, except that the
15Department may disclose information and documents to a
16federal, State, or local law enforcement agency pursuant to a
17subpoena in an ongoing criminal investigation or to a health
18care licensing body or medical licensing authority of this
19State or another state or jurisdiction pursuant to an official
20request made by that licensing body or medical licensing
21authority. Furthermore, information and documents disclosed to
22a federal, State, or local law enforcement agency may be used
23by that agency only for the investigation and prosecution of a
24criminal offense, or, in the case of disclosure to a health
25care licensing body or medical licensing authority, only for
26investigations and disciplinary action proceedings with regard

 

 

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1to a license. Information and documents disclosed to the
2Department of Public Health may be used by that Department
3only for investigation and disciplinary action regarding the
4license of a health care institution licensed by the
5Department of Public Health.
6    (C) Immunity from prosecution. Any individual or
7organization acting in good faith, and not in a wilful and
8wanton manner, in complying with this Act by providing any
9report or other information to the Disciplinary Board or a
10peer review committee, or assisting in the investigation or
11preparation of such information, or by voluntarily reporting
12to the Disciplinary Board or a peer review committee
13information regarding alleged errors or negligence by a person
14licensed under this Act, or by participating in proceedings of
15the Disciplinary Board or a peer review committee, or by
16serving as a member of the Disciplinary Board or a peer review
17committee, shall not, as a result of such actions, be subject
18to criminal prosecution or civil damages.
19    (D) Indemnification. Members of the Disciplinary Board,
20the Licensing Board, the Medical Coordinators, the
21Disciplinary Board's attorneys, the medical investigative
22staff, physicians retained under contract to assist and advise
23the medical coordinators in the investigation, and authorized
24clerical staff shall be indemnified by the State for any
25actions occurring within the scope of services on the
26Disciplinary Board or Licensing Board, done in good faith and

 

 

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1not wilful and wanton in nature. The Attorney General shall
2defend all such actions unless he or she determines either
3that there would be a conflict of interest in such
4representation or that the actions complained of were not in
5good faith or were wilful and wanton.
6    Should the Attorney General decline representation, the
7member shall have the right to employ counsel of his or her
8choice, whose fees shall be provided by the State, after
9approval by the Attorney General, unless there is a
10determination by a court that the member's actions were not in
11good faith or were wilful and wanton.
12    The member must notify the Attorney General within 7 days
13of receipt of notice of the initiation of any action involving
14services of the Disciplinary Board. Failure to so notify the
15Attorney General shall constitute an absolute waiver of the
16right to a defense and indemnification.
17    The Attorney General shall determine within 7 days after
18receiving such notice, whether he or she will undertake to
19represent the member.
20    (E) Deliberations of Disciplinary Board. Upon the receipt
21of any report called for by this Act, other than those reports
22of impaired persons licensed under this Act required pursuant
23to the rules of the Disciplinary Board, the Disciplinary Board
24shall notify in writing, by certified mail, the person who is
25the subject of the report. Such notification shall be made
26within 30 days of receipt by the Disciplinary Board of the

 

 

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1report.
2    The notification shall include a written notice setting
3forth the person's right to examine the report. Included in
4such notification shall be the address at which the file is
5maintained, the name of the custodian of the reports, and the
6telephone number at which the custodian may be reached. The
7person who is the subject of the report shall submit a written
8statement responding, clarifying, adding to, or proposing the
9amending of the report previously filed. The person who is the
10subject of the report shall also submit with the written
11statement any medical records related to the report. The
12statement and accompanying medical records shall become a
13permanent part of the file and must be received by the
14Disciplinary Board no more than 30 days after the date on which
15the person was notified by the Disciplinary Board of the
16existence of the original report.
17    The Disciplinary Board shall review all reports received
18by it, together with any supporting information and responding
19statements submitted by persons who are the subject of
20reports. The review by the Disciplinary Board shall be in a
21timely manner but in no event, shall the Disciplinary Board's
22initial review of the material contained in each disciplinary
23file be less than 61 days nor more than 180 days after the
24receipt of the initial report by the Disciplinary Board.
25    When the Disciplinary Board makes its initial review of
26the materials contained within its disciplinary files, the

 

 

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1Disciplinary Board shall, in writing, make a determination as
2to whether there are sufficient facts to warrant further
3investigation or action. Failure to make such determination
4within the time provided shall be deemed to be a determination
5that there are not sufficient facts to warrant further
6investigation or action.
7    Should the Disciplinary Board find that there are not
8sufficient facts to warrant further investigation, or action,
9the report shall be accepted for filing and the matter shall be
10deemed closed and so reported to the Secretary. The Secretary
11shall then have 30 days to accept the Disciplinary Board's
12decision or request further investigation. The Secretary shall
13inform the Board of the decision to request further
14investigation, including the specific reasons for the
15decision. The individual or entity filing the original report
16or complaint and the person who is the subject of the report or
17complaint shall be notified in writing by the Secretary of any
18final action on their report or complaint. The Department
19shall disclose to the individual or entity who filed the
20original report or complaint, on request, the status of the
21Disciplinary Board's review of a specific report or complaint.
22Such request may be made at any time, including prior to the
23Disciplinary Board's determination as to whether there are
24sufficient facts to warrant further investigation or action.
25    (F) Summary reports. The Disciplinary Board shall prepare,
26on a timely basis, but in no event less than once every other

 

 

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1month, a summary report of final disciplinary actions taken
2upon disciplinary files maintained by the Disciplinary Board.
3The summary reports shall be made available to the public upon
4request and payment of the fees set by the Department. This
5publication may be made available to the public on the
6Department's website. Information or documentation relating to
7any disciplinary file that is closed without disciplinary
8action taken shall not be disclosed and shall be afforded the
9same status as is provided by Part 21 of Article VIII of the
10Code of Civil Procedure.
11    (G) Any violation of this Section shall be a Class A
12misdemeanor.
13    (H) If any such person violates the provisions of this
14Section an action may be brought in the name of the People of
15the State of Illinois, through the Attorney General of the
16State of Illinois, for an order enjoining such violation or
17for an order enforcing compliance with this Section. Upon
18filing of a verified petition in such court, the court may
19issue a temporary restraining order without notice or bond and
20may preliminarily or permanently enjoin such violation, and if
21it is established that such person has violated or is
22violating the injunction, the court may punish the offender
23for contempt of court. Proceedings under this paragraph shall
24be in addition to, and not in lieu of, all other remedies and
25penalties provided for by this Section.
26(Source: P.A. 98-601, eff. 12-30-13; 99-143, eff. 7-27-15;

 

 

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1revised 7-20-21.)
 
2    (Text of Section after amendment by P.A. 102-20)
3    (Section scheduled to be repealed on January 1, 2027)
4    Sec. 23. Reports relating to professional conduct and
5capacity.
6    (A) Entities required to report.
7        (1) Health care institutions. The chief administrator
8    or executive officer of any health care institution
9    licensed by the Illinois Department of Public Health shall
10    report to the Medical Board when any person's clinical
11    privileges are terminated or are restricted based on a
12    final determination made in accordance with that
13    institution's by-laws or rules and regulations that a
14    person has either committed an act or acts which may
15    directly threaten patient care or that a person may have a
16    mental or physical disability that may endanger patients
17    under that person's care. Such officer also shall report
18    if a person accepts voluntary termination or restriction
19    of clinical privileges in lieu of formal action based upon
20    conduct related directly to patient care or in lieu of
21    formal action seeking to determine whether a person may
22    have a mental or physical disability that may endanger
23    patients under that person's care. The Medical Board
24    shall, by rule, provide for the reporting to it by health
25    care institutions of all instances in which a person,

 

 

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1    licensed under this Act, who is impaired by reason of age,
2    drug or alcohol abuse or physical or mental impairment, is
3    under supervision and, where appropriate, is in a program
4    of rehabilitation. Such reports shall be strictly
5    confidential and may be reviewed and considered only by
6    the members of the Medical Board, or by authorized staff
7    as provided by rules of the Medical Board. Provisions
8    shall be made for the periodic report of the status of any
9    such person not less than twice annually in order that the
10    Medical Board shall have current information upon which to
11    determine the status of any such person. Such initial and
12    periodic reports of impaired physicians shall not be
13    considered records within the meaning of the The State
14    Records Act and shall be disposed of, following a
15    determination by the Medical Board that such reports are
16    no longer required, in a manner and at such time as the
17    Medical Board shall determine by rule. The filing of such
18    reports shall be construed as the filing of a report for
19    purposes of subsection (C) of this Section.
20        (1.5) Clinical training programs. The program director
21    of any post-graduate clinical training program shall
22    report to the Medical Board if a person engaged in a
23    post-graduate clinical training program at the
24    institution, including, but not limited to, a residency or
25    fellowship, separates from the program for any reason
26    prior to its conclusion. The program director shall

 

 

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1    provide all documentation relating to the separation if,
2    after review of the report, the Medical Board determines
3    that a review of those documents is necessary to determine
4    whether a violation of this Act occurred.
5        (2) Professional associations. The President or chief
6    executive officer of any association or society, of
7    persons licensed under this Act, operating within this
8    State shall report to the Medical Board when the
9    association or society renders a final determination that
10    a person has committed unprofessional conduct related
11    directly to patient care or that a person may have a mental
12    or physical disability that may endanger patients under
13    that person's care.
14        (3) Professional liability insurers. Every insurance
15    company which offers policies of professional liability
16    insurance to persons licensed under this Act, or any other
17    entity which seeks to indemnify the professional liability
18    of a person licensed under this Act, shall report to the
19    Medical Board the settlement of any claim or cause of
20    action, or final judgment rendered in any cause of action,
21    which alleged negligence in the furnishing of medical care
22    by such licensed person when such settlement or final
23    judgment is in favor of the plaintiff.
24        (4) State's Attorneys. The State's Attorney of each
25    county shall report to the Medical Board, within 5 days,
26    any instances in which a person licensed under this Act is

 

 

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1    convicted of any felony or Class A misdemeanor. The
2    State's Attorney of each county may report to the Medical
3    Board through a verified complaint any instance in which
4    the State's Attorney believes that a physician has
5    willfully violated the notice requirements of the Parental
6    Notice of Abortion Act of 1995.
7        (5) State agencies. All agencies, boards, commissions,
8    departments, or other instrumentalities of the government
9    of the State of Illinois shall report to the Medical Board
10    any instance arising in connection with the operations of
11    such agency, including the administration of any law by
12    such agency, in which a person licensed under this Act has
13    either committed an act or acts which may be a violation of
14    this Act or which may constitute unprofessional conduct
15    related directly to patient care or which indicates that a
16    person licensed under this Act may have a mental or
17    physical disability that may endanger patients under that
18    person's care.
19    (B) Mandatory reporting. All reports required by items
20(34), (35), and (36) of subsection (A) of Section 22 and by
21Section 23 shall be submitted to the Medical Board in a timely
22fashion. Unless otherwise provided in this Section, the
23reports shall be filed in writing within 60 days after a
24determination that a report is required under this Act. All
25reports shall contain the following information:
26        (1) The name, address and telephone number of the

 

 

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1    person making the report.
2        (2) The name, address and telephone number of the
3    person who is the subject of the report.
4        (3) The name and date of birth of any patient or
5    patients whose treatment is a subject of the report, if
6    available, or other means of identification if such
7    information is not available, identification of the
8    hospital or other healthcare facility where the care at
9    issue in the report was rendered, provided, however, no
10    medical records may be revealed.
11        (4) A brief description of the facts which gave rise
12    to the issuance of the report, including the dates of any
13    occurrences deemed to necessitate the filing of the
14    report.
15        (5) If court action is involved, the identity of the
16    court in which the action is filed, along with the docket
17    number and date of filing of the action.
18        (6) Any further pertinent information which the
19    reporting party deems to be an aid in the evaluation of the
20    report.
21    The Medical Board or Department may also exercise the
22power under Section 38 of this Act to subpoena copies of
23hospital or medical records in mandatory report cases alleging
24death or permanent bodily injury. Appropriate rules shall be
25adopted by the Department with the approval of the Medical
26Board.

 

 

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1    When the Department has received written reports
2concerning incidents required to be reported in items (34),
3(35), and (36) of subsection (A) of Section 22, the licensee's
4failure to report the incident to the Department under those
5items shall not be the sole grounds for disciplinary action.
6    Nothing contained in this Section shall act to, in any
7way, waive or modify the confidentiality of medical reports
8and committee reports to the extent provided by law. Any
9information reported or disclosed shall be kept for the
10confidential use of the Medical Board, the Medical
11Coordinators, the Medical Board's attorneys, the medical
12investigative staff, and authorized clerical staff, as
13provided in this Act, and shall be afforded the same status as
14is provided information concerning medical studies in Part 21
15of Article VIII of the Code of Civil Procedure, except that the
16Department may disclose information and documents to a
17federal, State, or local law enforcement agency pursuant to a
18subpoena in an ongoing criminal investigation or to a health
19care licensing body or medical licensing authority of this
20State or another state or jurisdiction pursuant to an official
21request made by that licensing body or medical licensing
22authority. Furthermore, information and documents disclosed to
23a federal, State, or local law enforcement agency may be used
24by that agency only for the investigation and prosecution of a
25criminal offense, or, in the case of disclosure to a health
26care licensing body or medical licensing authority, only for

 

 

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1investigations and disciplinary action proceedings with regard
2to a license. Information and documents disclosed to the
3Department of Public Health may be used by that Department
4only for investigation and disciplinary action regarding the
5license of a health care institution licensed by the
6Department of Public Health.
7    (C) Immunity from prosecution. Any individual or
8organization acting in good faith, and not in a wilful and
9wanton manner, in complying with this Act by providing any
10report or other information to the Medical Board or a peer
11review committee, or assisting in the investigation or
12preparation of such information, or by voluntarily reporting
13to the Medical Board or a peer review committee information
14regarding alleged errors or negligence by a person licensed
15under this Act, or by participating in proceedings of the
16Medical Board or a peer review committee, or by serving as a
17member of the Medical Board or a peer review committee, shall
18not, as a result of such actions, be subject to criminal
19prosecution or civil damages.
20    (D) Indemnification. Members of the Medical Board, the
21Medical Coordinators, the Medical Board's attorneys, the
22medical investigative staff, physicians retained under
23contract to assist and advise the medical coordinators in the
24investigation, and authorized clerical staff shall be
25indemnified by the State for any actions occurring within the
26scope of services on the Medical Board, done in good faith and

 

 

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1not wilful and wanton in nature. The Attorney General shall
2defend all such actions unless he or she determines either
3that there would be a conflict of interest in such
4representation or that the actions complained of were not in
5good faith or were wilful and wanton.
6    Should the Attorney General decline representation, the
7member shall have the right to employ counsel of his or her
8choice, whose fees shall be provided by the State, after
9approval by the Attorney General, unless there is a
10determination by a court that the member's actions were not in
11good faith or were wilful and wanton.
12    The member must notify the Attorney General within 7 days
13of receipt of notice of the initiation of any action involving
14services of the Medical Board. Failure to so notify the
15Attorney General shall constitute an absolute waiver of the
16right to a defense and indemnification.
17    The Attorney General shall determine within 7 days after
18receiving such notice, whether he or she will undertake to
19represent the member.
20    (E) Deliberations of Medical Board. Upon the receipt of
21any report called for by this Act, other than those reports of
22impaired persons licensed under this Act required pursuant to
23the rules of the Medical Board, the Medical Board shall notify
24in writing, by mail or email, the person who is the subject of
25the report. Such notification shall be made within 30 days of
26receipt by the Medical Board of the report.

 

 

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1    The notification shall include a written notice setting
2forth the person's right to examine the report. Included in
3such notification shall be the address at which the file is
4maintained, the name of the custodian of the reports, and the
5telephone number at which the custodian may be reached. The
6person who is the subject of the report shall submit a written
7statement responding, clarifying, adding to, or proposing the
8amending of the report previously filed. The person who is the
9subject of the report shall also submit with the written
10statement any medical records related to the report. The
11statement and accompanying medical records shall become a
12permanent part of the file and must be received by the Medical
13Board no more than 30 days after the date on which the person
14was notified by the Medical Board of the existence of the
15original report.
16    The Medical Board shall review all reports received by it,
17together with any supporting information and responding
18statements submitted by persons who are the subject of
19reports. The review by the Medical Board shall be in a timely
20manner but in no event, shall the Medical Board's initial
21review of the material contained in each disciplinary file be
22less than 61 days nor more than 180 days after the receipt of
23the initial report by the Medical Board.
24    When the Medical Board makes its initial review of the
25materials contained within its disciplinary files, the Medical
26Board shall, in writing, make a determination as to whether

 

 

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1there are sufficient facts to warrant further investigation or
2action. Failure to make such determination within the time
3provided shall be deemed to be a determination that there are
4not sufficient facts to warrant further investigation or
5action.
6    Should the Medical Board find that there are not
7sufficient facts to warrant further investigation, or action,
8the report shall be accepted for filing and the matter shall be
9deemed closed and so reported to the Secretary. The Secretary
10shall then have 30 days to accept the Medical Board's decision
11or request further investigation. The Secretary shall inform
12the Medical Board of the decision to request further
13investigation, including the specific reasons for the
14decision. The individual or entity filing the original report
15or complaint and the person who is the subject of the report or
16complaint shall be notified in writing by the Secretary of any
17final action on their report or complaint. The Department
18shall disclose to the individual or entity who filed the
19original report or complaint, on request, the status of the
20Medical Board's review of a specific report or complaint. Such
21request may be made at any time, including prior to the Medical
22Board's determination as to whether there are sufficient facts
23to warrant further investigation or action.
24    (F) Summary reports. The Medical Board shall prepare, on a
25timely basis, but in no event less than once every other month,
26a summary report of final disciplinary actions taken upon

 

 

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1disciplinary files maintained by the Medical Board. The
2summary reports shall be made available to the public upon
3request and payment of the fees set by the Department. This
4publication may be made available to the public on the
5Department's website. Information or documentation relating to
6any disciplinary file that is closed without disciplinary
7action taken shall not be disclosed and shall be afforded the
8same status as is provided by Part 21 of Article VIII of the
9Code of Civil Procedure.
10    (G) Any violation of this Section shall be a Class A
11misdemeanor.
12    (H) If any such person violates the provisions of this
13Section an action may be brought in the name of the People of
14the State of Illinois, through the Attorney General of the
15State of Illinois, for an order enjoining such violation or
16for an order enforcing compliance with this Section. Upon
17filing of a verified petition in such court, the court may
18issue a temporary restraining order without notice or bond and
19may preliminarily or permanently enjoin such violation, and if
20it is established that such person has violated or is
21violating the injunction, the court may punish the offender
22for contempt of court. Proceedings under this paragraph shall
23be in addition to, and not in lieu of, all other remedies and
24penalties provided for by this Section.
25(Source: P.A. 102-20, eff. 1-1-22; revised 7-20-21.)
 

 

 

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1    Section 135. The Veterinary Medicine and Surgery Practice
2Act of 2004 is amended by changing Section 25.2a as follows:
 
3    (225 ILCS 115/25.2a)
4    (Section scheduled to be repealed on January 1, 2024)
5    Sec. 25.2a. Confidentiality. All information collected by
6the Department in the course of an examination or
7investigation of a licensee or applicant, including, but not
8limited to, any complaint against a licensee filed with the
9Department and information collected to investigate any such
10complaint, shall be maintained for the confidential use of the
11Department and shall not be disclosed. The Department may not
12disclose the information to anyone other than law enforcement
13officials, other regulatory agencies that have an appropriate
14regulatory interest as determined by the Secretary, or to a
15party presenting a lawful subpoena to the Department.
16Information and documents disclosed to a federal, State,
17county, or local law enforcement agency shall not be disclosed
18by the agency for any purpose to any other agency or person. A
19formal complaint filed against a licensee by the Department or
20any order issued by the Department against a licensee or
21applicant shall be a public record, except as otherwise
22prohibited by law.
23(Source: P.A. 98-339, eff. 12-31-13; revised 7-16-21.)
 
24    Section 140. The Cemetery Oversight Act is amended by

 

 

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1changing Section 25-10 as follows:
 
2    (225 ILCS 411/25-10)
3    (Section scheduled to be repealed on January 1, 2027)
4    Sec. 25-10. Grounds for disciplinary action.
5    (a) The Department may refuse to issue or renew a license
6or may revoke, suspend, place on probation, reprimand, or take
7other disciplinary or non-disciplinary action as the
8Department may deem appropriate, including fines not to exceed
9$10,000 for each violation, with regard to any license under
10this Act, for any one or combination of the following:
11        (1) Material misstatement in furnishing information to
12    the Department.
13        (2) Violations of this Act, except for Section 20-8.
14        (3) Conviction of or entry of a plea of guilty or nolo
15    contendere, finding of guilt, jury verdict, or entry of
16    judgment or sentencing, including, but not limited to,
17    convictions, preceding sentences of supervision,
18    conditional discharge, or first offender probation under
19    the law of any jurisdiction of the United States that is
20    (i) a Class X felony or (ii) a felony, an essential element
21    of which is fraud or dishonesty that is directly related
22    to the practice of cemetery operations.
23        (4) Fraud or any misrepresentation in applying for or
24    procuring a license under this Act or in connection with
25    applying for renewal.

 

 

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1        (5) Incompetence or misconduct in the practice of
2    cemetery operations.
3        (6) Gross malpractice.
4        (7) Aiding or assisting another person in violating
5    any provision of this Act or rules adopted under this Act.
6        (8) Failing, within 10 business days, to provide
7    information in response to a written request made by the
8    Department.
9        (9) Engaging in dishonorable, unethical, or
10    unprofessional conduct of a character likely to deceive,
11    defraud, or harm the public.
12        (10) Habitual or excessive use or abuse of drugs
13    defined in law as controlled substances, alcohol,
14    narcotics, stimulants, or any other substances that
15    results in the inability to practice pursuant to the
16    provisions of this Act with reasonable judgment, skill, or
17    safety while acting under the provisions of this Act.
18        (11) Discipline by another state, territory, foreign
19    country, the District of Columbia, the United States
20    government, or any other government agency, if at least
21    one of the grounds for the discipline is the same or
22    substantially equivalent to those set forth in this Act.
23        (12) Directly or indirectly giving to or receiving
24    from any person, firm, corporation, partnership, or
25    association any fee, commission, rebate, or other form of
26    compensation for professional services not actually or

 

 

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1    personally rendered.
2        (13) A finding by the Department that the licensee,
3    after having his or her license placed on probationary
4    status, has violated the terms of probation or failed to
5    comply with such terms.
6        (14) Willfully making or filing false records or
7    reports in his or her practice, including, but not limited
8    to, false records filed with any governmental agency or
9    department.
10        (15) Inability to practice the profession with
11    reasonable judgment, skill, or safety as a result of
12    physical illness, including, but not limited to, loss of
13    motor skill, mental illness, or disability.
14        (16) Failure to comply with an order, decision, or
15    finding of the Department made pursuant to this Act.
16        (17) Directly or indirectly receiving compensation for
17    any professional services not actually performed.
18        (18) Practicing under a false or, except as provided
19    by law, an assumed name.
20        (19) Using or attempting to use an expired, inactive,
21    suspended, or revoked license or impersonating another
22    licensee.
23        (20) A finding by the Department that an applicant or
24    licensee has failed to pay a fine imposed by the
25    Department.
26        (21) Unjustified failure to honor its contracts.

 

 

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1        (22) Negligent supervision of a cemetery manager,
2    customer service employee, employee, or independent
3    contractor.
4        (23) (Blank).
5        (24) (Blank).
6        (25) (Blank).
7    (b) No action may be taken under this Act against a person
8licensed under this Act for an occurrence or alleged
9occurrence that predates the enactment of this Act.
10    (c) In enforcing this Section, the Department, upon a
11showing of a possible violation, may order a licensee or
12applicant to submit to a mental or physical examination, or
13both, at the expense of the Department. The Department may
14order the examining physician to present testimony concerning
15his or her examination of the licensee or applicant. No
16information shall be excluded by reason of any common law or
17statutory privilege relating to communications between the
18licensee or applicant and the examining physician. The
19examining physicians shall be specifically designated by the
20Department. The licensee or applicant may have, at his or her
21own expense, another physician of his or her choice present
22during all aspects of the examination. Failure of a licensee
23or applicant to submit to any such examination when directed,
24without reasonable cause, shall be grounds for either
25immediate suspension suspending of his or her license or
26immediate denial of his or her application.

 

 

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1        (1) If the Secretary immediately suspends the license
2    of a licensee for his or her failure to submit to a mental
3    or physical examination when directed, a hearing must be
4    convened by the Department within 15 days after the
5    suspension and completed without appreciable delay.
6        (2) If the Secretary otherwise suspends a license
7    pursuant to the results of the licensee's mental or
8    physical examination, a hearing must be convened by the
9    Department within 15 days after the suspension and
10    completed without appreciable delay. The Department shall
11    have the authority to review the licensee's record of
12    treatment and counseling regarding the relevant impairment
13    or impairments to the extent permitted by applicable
14    federal statutes and regulations safeguarding the
15    confidentiality of medical records.
16        (3) Any licensee suspended under this subsection shall
17    be afforded an opportunity to demonstrate to the
18    Department that he or she can resume practice in
19    compliance with the acceptable and prevailing standards
20    under the provisions of his or her license.
21    (d) The determination by a circuit court that a licensee
22is subject to involuntary admission or judicial admission, as
23provided in the Mental Health and Developmental Disabilities
24Code, operates as an automatic suspension. Such suspension may
25end only upon a finding by a court that the patient is no
26longer subject to involuntary admission or judicial admission,

 

 

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1the issuance of an order so finding and discharging the
2patient, and the filing of a petition for restoration
3demonstrating fitness to practice.
4    (e) In cases where the Department of Healthcare and Family
5Services has previously determined that a licensee or a
6potential licensee is more than 30 days delinquent in the
7payment of child support and has subsequently certified the
8delinquency to the Department, the Department shall refuse to
9issue or renew or shall revoke or suspend that person's
10license or shall take other disciplinary action against that
11person based solely upon the certification of delinquency made
12by the Department of Healthcare and Family Services under
13paragraph (5) of subsection (a) of Section 2105-15 of the
14Department of Professional Regulation Law of the Civil
15Administrative Code of Illinois.
16    (f) The Department shall refuse to issue or renew or shall
17revoke or suspend a person's license or shall take other
18disciplinary action against that person for his or her failure
19to file a return, to pay the tax, penalty, or interest shown in
20a filed return, or to pay any final assessment of tax, penalty,
21or interest as required by any tax Act administered by the
22Department of Revenue, until the requirements of the tax Act
23are satisfied in accordance with subsection (g) of Section
242105-15 of the Department of Professional Regulation Law of
25the Civil Administrative Code of Illinois.
26(Source: P.A. 102-20, eff. 6-25-21; revised 7-20-21.)
 

 

 

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1    Section 145. The Real Estate Appraiser Licensing Act of
22002 is amended by changing Sections 1-5, 1-10, and 25-20 as
3follows:
 
4    (225 ILCS 458/1-5)
5    (Section scheduled to be repealed on January 1, 2027)
6    Sec. 1-5. Legislative intent. The intent of the General
7Assembly in enacting this Act is to evaluate the competency of
8persons engaged in the appraisal of real estate and to license
9and regulate those persons for the protection of the public.
10Additionally, it is the intent of the General Assembly for
11this Act to be consistent with the provisions of Title XI of
12the federal Financial Institutions Reform, Recovery, and
13Enforcement Act of 1989.
14(Source: P.A. 98-1109, eff. 1-1-15; revised 8-2-21.)
 
15    (225 ILCS 458/1-10)
16    (Text of Section before amendment by P.A. 102-20)
17    (Section scheduled to be repealed on January 1, 2027)
18    Sec. 1-10. Definitions. As used in this Act, unless the
19context otherwise requires:
20    "Accredited college or university, junior college, or
21community college" means a college or university, junior
22college, or community college that is approved or accredited
23by the Board of Higher Education, a regional or national

 

 

10200HB0307sam002- 177 -LRB102 11622 AMC 29966 a

1accreditation association, or by an accrediting agency that is
2recognized by the U.S. Secretary of Education.
3    "Address of record" means the designated address recorded
4by the Department in the applicant's or licensee's application
5file or license file as maintained by the Department's
6licensure maintenance unit. It is the duty of the applicant or
7licensee to inform the Department of any change of address and
8those changes must be made either through the Department's
9website or by contacting the Department.
10    "Applicant" means a person who applies to the Department
11for a license under this Act.
12    "Appraisal" means (noun) the act or process of developing
13an opinion of value; an opinion of value (adjective) of or
14pertaining to appraising and related functions, such as
15appraisal practice or appraisal services.
16    "Appraisal assignment" means a valuation service provided
17as a consequence of an agreement between an appraiser and a
18client.
19    "Appraisal consulting" means the act or process of
20developing an analysis, recommendation, or opinion to solve a
21problem, where an opinion of value is a component of the
22analysis leading to the assignment results.
23    "Appraisal firm" means an appraisal entity that is 100%
24owned and controlled by a person or persons licensed in
25Illinois as a certified general real estate appraiser or a
26certified residential real estate appraiser. "Appraisal firm"

 

 

10200HB0307sam002- 178 -LRB102 11622 AMC 29966 a

1does not include an appraisal management company.
2    "Appraisal management company" means any corporation,
3limited liability company, partnership, sole proprietorship,
4subsidiary, unit, or other business entity that directly or
5indirectly: (1) provides appraisal management services to
6creditors or secondary mortgage market participants; (2)
7provides appraisal management services in connection with
8valuing the consumer's principal dwelling as security for a
9consumer credit transaction (including consumer credit
10transactions incorporated into securitizations); (3) within a
11given year, oversees an appraiser panel of any size of
12State-certified appraisers in Illinois; and (4) any appraisal
13management company that, within a given year, oversees an
14appraiser panel of 16 or more State-certified appraisers in
15Illinois or 25 or more State-certified or State-licensed
16appraisers in 2 or more jurisdictions shall be subject to the
17appraisal management company national registry fee in addition
18to the appraiser panel fee. "Appraisal management company"
19includes a hybrid entity.
20    "Appraisal practice" means valuation services performed by
21an individual acting as an appraiser, including, but not
22limited to, appraisal, appraisal review, or appraisal
23consulting.
24    "Appraisal report" means any communication, written or
25oral, of an appraisal or appraisal review that is transmitted
26to a client upon completion of an assignment.

 

 

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1    "Appraisal review" means the act or process of developing
2and communicating an opinion about the quality of another
3appraiser's work that was performed as part of an appraisal,
4appraisal review, or appraisal assignment.
5    "Appraisal Subcommittee" means the Appraisal Subcommittee
6of the Federal Financial Institutions Examination Council as
7established by Title XI.
8    "Appraiser" means a person who performs real estate or
9real property appraisals.
10    "AQB" means the Appraisal Qualifications Board of the
11Appraisal Foundation.
12    "Associate real estate trainee appraiser" means an
13entry-level appraiser who holds a license of this
14classification under this Act with restrictions as to the
15scope of practice in accordance with this Act.
16    "Board" means the Real Estate Appraisal Administration and
17Disciplinary Board.
18    "Broker price opinion" means an estimate or analysis of
19the probable selling price of a particular interest in real
20estate, which may provide a varying level of detail about the
21property's condition, market, and neighborhood and information
22on comparable sales. The activities of a real estate broker or
23managing broker engaging in the ordinary course of business as
24a broker, as defined in this Section, shall not be considered a
25broker price opinion if no compensation is paid to the broker
26or managing broker, other than compensation based upon the

 

 

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1sale or rental of real estate.
2    "Classroom hour" means 50 minutes of instruction out of
3each 60-minute 60 minute segment of coursework.
4    "Client" means the party or parties who engage an
5appraiser by employment or contract in a specific appraisal
6assignment.
7    "Comparative market analysis" is an analysis or opinion
8regarding pricing, marketing, or financial aspects relating to
9a specified interest or interests in real estate that may be
10based upon an analysis of comparative market data, the
11expertise of the real estate broker or managing broker, and
12such other factors as the broker or managing broker may deem
13appropriate in developing or preparing such analysis or
14opinion. The activities of a real estate broker or managing
15broker engaging in the ordinary course of business as a
16broker, as defined in this Section, shall not be considered a
17comparative market analysis if no compensation is paid to the
18broker or managing broker, other than compensation based upon
19the sale or rental of real estate.
20    "Coordinator" means the Coordinator of Real Estate
21Appraisal of the Division of Professional Regulation of the
22Department of Financial and Professional Regulation.
23    "Department" means the Department of Financial and
24Professional Regulation.
25    "Federal financial institutions regulatory agencies" means
26the Board of Governors of the Federal Reserve System, the

 

 

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1Federal Deposit Insurance Corporation, the Office of the
2Comptroller of the Currency, the Consumer Financial Protection
3Bureau, and the National Credit Union Administration.
4    "Federally related transaction" means any real
5estate-related financial transaction in which a federal
6financial institutions regulatory agency engages in, contracts
7for, or regulates and requires the services of an appraiser.
8    "Financial institution" means any bank, savings bank,
9savings and loan association, credit union, mortgage broker,
10mortgage banker, licensee under the Consumer Installment Loan
11Act or the Sales Finance Agency Act, or a corporate fiduciary,
12subsidiary, affiliate, parent company, or holding company of
13any such licensee, or any institution involved in real estate
14financing that is regulated by state or federal law.
15    "Multi-state licensing system" means a web-based platform
16that allows an applicant to submit his or her application or
17license renewal application to the Department online.
18    "Person" means an individual, entity, sole proprietorship,
19corporation, limited liability company, partnership, and joint
20venture, foreign or domestic, except that when the context
21otherwise requires, the term may refer to more than one
22individual or other described entity.
23    "Real estate" means an identified parcel or tract of land,
24including any improvements.
25    "Real estate related financial transaction" means any
26transaction involving:

 

 

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1        (1) the sale, lease, purchase, investment in, or
2    exchange of real property, including interests in property
3    or the financing thereof;
4        (2) the refinancing of real property or interests in
5    real property; and
6        (3) the use of real property or interest in property
7    as security for a loan or investment, including mortgage
8    backed securities.
9    "Real property" means the interests, benefits, and rights
10inherent in the ownership of real estate.
11    "Secretary" means the Secretary of Financial and
12Professional Regulation.
13    "State certified general real estate appraiser" means an
14appraiser who holds a license of this classification under
15this Act and such classification applies to the appraisal of
16all types of real property without restrictions as to the
17scope of practice.
18    "State certified residential real estate appraiser" means
19an appraiser who holds a license of this classification under
20this Act and such classification applies to the appraisal of
21one to 4 units of residential real property without regard to
22transaction value or complexity, but with restrictions as to
23the scope of practice in a federally related transaction in
24accordance with Title XI, the provisions of USPAP, criteria
25established by the AQB, and further defined by rule.
26    "Supervising appraiser" means either (i) an appraiser who

 

 

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1holds a valid license under this Act as either a State
2certified general real estate appraiser or a State certified
3residential real estate appraiser, who co-signs an appraisal
4report for an associate real estate trainee appraiser or (ii)
5a State certified general real estate appraiser who holds a
6valid license under this Act who co-signs an appraisal report
7for a State certified residential real estate appraiser on
8properties other than one to 4 units of residential real
9property without regard to transaction value or complexity.
10    "Title XI" means Title XI of the federal Financial
11Institutions Reform, Recovery, and Enforcement Act of 1989.
12    "USPAP" means the Uniform Standards of Professional
13Appraisal Practice as promulgated by the Appraisal Standards
14Board pursuant to Title XI and by rule.
15    "Valuation services" means services pertaining to aspects
16of property value.
17(Source: P.A. 100-604, eff. 7-13-18; revised 7-20-21.)
 
18    (Text of Section after amendment by P.A. 102-20)
19    (Section scheduled to be repealed on January 1, 2027)
20    Sec. 1-10. Definitions. As used in this Act, unless the
21context otherwise requires:
22    "Accredited college or university, junior college, or
23community college" means a college or university, junior
24college, or community college that is approved or accredited
25by the Board of Higher Education, a regional or national

 

 

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1accreditation association, or by an accrediting agency that is
2recognized by the U.S. Secretary of Education.
3    "Address of record" means the designated street address,
4which may not be a post office box, recorded by the Department
5in the applicant's or licensee's application file or license
6file as maintained by the Department.
7    "Applicant" means a person who applies to the Department
8for a license under this Act.
9    "Appraisal" means (noun) the act or process of developing
10an opinion of value; an opinion of value (adjective) of or
11pertaining to appraising and related functions, such as
12appraisal practice or appraisal services.
13    "Appraisal assignment" means a valuation service provided
14pursuant to an agreement between an appraiser and a client.
15    "Appraisal firm" means an appraisal entity that is 100%
16owned and controlled by a person or persons licensed in
17Illinois as a certified general real estate appraiser or a
18certified residential real estate appraiser. "Appraisal firm"
19does not include an appraisal management company.
20    "Appraisal management company" means any corporation,
21limited liability company, partnership, sole proprietorship,
22subsidiary, unit, or other business entity that directly or
23indirectly: (1) provides appraisal management services to
24creditors or secondary mortgage market participants, including
25affiliates; (2) provides appraisal management services in
26connection with valuing the consumer's principal dwelling as

 

 

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1security for a consumer credit transaction (including consumer
2credit transactions incorporated into securitizations); and
3(3) any appraisal management company that, within a given
412-month period, oversees an appraiser panel of 16 or more
5State-certified appraisers in Illinois or 25 or more
6State-certified or State-licensed appraisers in 2 or more
7jurisdictions. "Appraisal management company" includes a
8hybrid entity.
9    "Appraisal practice" means valuation services performed by
10an individual acting as an appraiser, including, but not
11limited to, appraisal or appraisal review.
12    "Appraisal report" means any communication, written or
13oral, of an appraisal or appraisal review that is transmitted
14to a client upon completion of an assignment.
15    "Appraisal review" means the act or process of developing
16and communicating an opinion about the quality of another
17appraiser's work that was performed as part of an appraisal,
18appraisal review, or appraisal assignment.
19    "Appraisal Subcommittee" means the Appraisal Subcommittee
20of the Federal Financial Institutions Examination Council as
21established by Title XI.
22    "Appraiser" means a person who performs real estate or
23real property appraisals competently and in a manner that is
24independent, impartial, and objective.
25    "Appraiser panel" means a network, list, or roster of
26licensed or certified appraisers approved by the appraisal

 

 

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1management company or by the end-user client to perform
2appraisals as independent contractors for the appraisal
3management company. "Appraiser panel" includes both appraisers
4accepted by an appraisal management company for consideration
5for future appraisal assignments and appraisers engaged by an
6appraisal management company to perform one or more
7appraisals. For the purposes of determining the size of an
8appraiser panel, only independent contractors of hybrid
9entities shall be counted towards the appraiser panel.
10    "AQB" means the Appraisal Qualifications Board of the
11Appraisal Foundation.
12    "Associate real estate trainee appraiser" means an
13entry-level appraiser who holds a license of this
14classification under this Act with restrictions as to the
15scope of practice in accordance with this Act.
16    "Automated valuation model" means an automated system that
17is used to derive a property value through the use of available
18property records and various analytic methodologies such as
19comparable sales prices, home characteristics, and price
20changes.
21    "Board" means the Real Estate Appraisal Administration and
22Disciplinary Board.
23    "Broker price opinion" means an estimate or analysis of
24the probable selling price of a particular interest in real
25estate, which may provide a varying level of detail about the
26property's condition, market, and neighborhood and information

 

 

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1on comparable sales. The activities of a real estate broker or
2managing broker engaging in the ordinary course of business as
3a broker, as defined in this Section, shall not be considered a
4broker price opinion if no compensation is paid to the broker
5or managing broker, other than compensation based upon the
6sale or rental of real estate.
7    "Classroom hour" means 50 minutes of instruction out of
8each 60-minute 60 minute segment of coursework.
9    "Client" means the party or parties who engage an
10appraiser by employment or contract in a specific appraisal
11assignment.
12    "Comparative market analysis" is an analysis or opinion
13regarding pricing, marketing, or financial aspects relating to
14a specified interest or interests in real estate that may be
15based upon an analysis of comparative market data, the
16expertise of the real estate broker or managing broker, and
17such other factors as the broker or managing broker may deem
18appropriate in developing or preparing such analysis or
19opinion. The activities of a real estate broker or managing
20broker engaging in the ordinary course of business as a
21broker, as defined in this Section, shall not be considered a
22comparative market analysis if no compensation is paid to the
23broker or managing broker, other than compensation based upon
24the sale or rental of real estate.
25    "Coordinator" means the Real Estate Appraisal Coordinator
26created in Section 25-15.

 

 

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1    "Department" means the Department of Financial and
2Professional Regulation.
3    "Email address of record" means the designated email
4address recorded by the Department in the applicant's
5application file or the licensee's license file maintained by
6the Department.
7    "Evaluation" means a valuation permitted by the appraisal
8regulations of the Federal Financial Institutions Examination
9Council and its federal agencies for transactions that qualify
10for the appraisal threshold exemption, business loan
11exemption, or subsequent transaction exemption.
12    "Federal financial institutions regulatory agencies" means
13the Board of Governors of the Federal Reserve System, the
14Federal Deposit Insurance Corporation, the Office of the
15Comptroller of the Currency, the Consumer Financial Protection
16Bureau, and the National Credit Union Administration.
17    "Federally related transaction" means any real
18estate-related financial transaction in which a federal
19financial institutions regulatory agency engages in, contracts
20for, or regulates and requires the services of an appraiser.
21    "Financial institution" means any bank, savings bank,
22savings and loan association, credit union, mortgage broker,
23mortgage banker, licensee under the Consumer Installment Loan
24Act or the Sales Finance Agency Act, or a corporate fiduciary,
25subsidiary, affiliate, parent company, or holding company of
26any such licensee, or any institution involved in real estate

 

 

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1financing that is regulated by state or federal law.
2    "Hybrid entity" means an appraisal management company that
3hires an appraiser as an employee to perform an appraisal and
4engages an independent contractor to perform an appraisal.
5    "License" means the privilege conferred by the Department
6to a person that has fulfilled all requirements prerequisite
7to any type of licensure under this Act.
8    "Licensee" means any person, as defined in this Section,
9who holds a valid unexpired license.
10    "Multi-state licensing system" means a web-based platform
11that allows an applicant to submit the application or license
12renewal application to the Department online.
13    "Person" means an individual, entity, sole proprietorship,
14corporation, limited liability company, partnership, and joint
15venture, foreign or domestic, except that when the context
16otherwise requires, the term may refer to more than one
17individual or other described entity.
18    "Real estate" means an identified parcel or tract of land,
19including any improvements.
20    "Real estate related financial transaction" means any
21transaction involving:
22        (1) the sale, lease, purchase, investment in, or
23    exchange of real property, including interests in property
24    or the financing thereof;
25        (2) the refinancing of real property or interests in
26    real property; and

 

 

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1        (3) the use of real property or interest in property
2    as security for a loan or investment, including mortgage
3    backed securities.
4    "Real property" means the interests, benefits, and rights
5inherent in the ownership of real estate.
6    "Secretary" means the Secretary of Financial and
7Professional Regulation or the Secretary's designee.
8    "State certified general real estate appraiser" means an
9appraiser who holds a license of this classification under
10this Act and such classification applies to the appraisal of
11all types of real property without restrictions as to the
12scope of practice.
13    "State certified residential real estate appraiser" means
14an appraiser who holds a license of this classification under
15this Act and such classification applies to the appraisal of
16one to 4 units of residential real property without regard to
17transaction value or complexity, but with restrictions as to
18the scope of practice in a federally related transaction in
19accordance with Title XI, the provisions of USPAP, criteria
20established by the AQB, and further defined by rule.
21    "Supervising appraiser" means either (i) an appraiser who
22holds a valid license under this Act as either a State
23certified general real estate appraiser or a State certified
24residential real estate appraiser, who co-signs an appraisal
25report for an associate real estate trainee appraiser or (ii)
26a State certified general real estate appraiser who holds a

 

 

10200HB0307sam002- 191 -LRB102 11622 AMC 29966 a

1valid license under this Act who co-signs an appraisal report
2for a State certified residential real estate appraiser on
3properties other than one to 4 units of residential real
4property without regard to transaction value or complexity.
5    "Title XI" means Title XI of the federal Financial
6Institutions Reform, Recovery, and Enforcement Act of 1989.
7    "USPAP" means the Uniform Standards of Professional
8Appraisal Practice as promulgated by the Appraisal Standards
9Board pursuant to Title XI and by rule.
10    "Valuation services" means services pertaining to aspects
11of property value.
12(Source: P.A. 102-20, eff. 1-1-22; revised 7-20-21.)
 
13    (225 ILCS 458/25-20)
14    (Text of Section before amendment by P.A. 102-20)
15    (Section scheduled to be repealed on January 1, 2027)
16    Sec. 25-20. Department; powers and duties. The Department
17of Financial and Professional Regulation shall exercise the
18powers and duties prescribed by the Civil Administrative Code
19of Illinois for the administration of licensing Acts and shall
20exercise such other powers and duties as are prescribed by
21this Act for the administration of this Act. The Department
22may contract with third parties for services necessary for the
23proper administration of this Act, including, without
24limitation, investigators with the proper knowledge, training,
25and skills to properly investigate complaints against real

 

 

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1estate appraisers.
2    In addition, the Department may receive federal financial
3assistance, either directly from the federal government or
4indirectly through another source, public or private, for the
5administration of this Act. The Department may also receive
6transfers, gifts, grants, or donations from any source, public
7or private, in the form of funds, services, equipment,
8supplies, or materials. Any funds received pursuant to this
9Section shall be deposited in the Appraisal Administration
10Fund unless deposit in a different fund is otherwise mandated,
11and shall be used in accordance with the requirements of the
12federal financial assistance, gift, grant, or donation for
13purposes related to the powers and duties of the Department.
14    The Department shall maintain and update a registry of the
15names and addresses of all licensees and a listing of
16disciplinary orders issued pursuant to this Act and shall
17transmit the registry, along with any national registry fees
18that may be required, to the entity specified by, and in a
19manner consistent with, Title XI of the federal Financial
20Institutions Reform, Recovery, and Enforcement Act of 1989.
21(Source: P.A. 102-16, eff. 6-17-21; revised 7-17-21.)
 
22    (Text of Section after amendment by P.A. 102-20)
23    (Section scheduled to be repealed on January 1, 2027)
24    Sec. 25-20. Department; powers and duties. The Department
25of Financial and Professional Regulation shall exercise the

 

 

10200HB0307sam002- 193 -LRB102 11622 AMC 29966 a

1powers and duties prescribed by the Civil Administrative Code
2of Illinois for the administration of licensing Acts and shall
3exercise such other powers and duties as are prescribed by
4this Act for the administration of this Act. The Department
5may contract with third parties for services necessary for the
6proper administration of this Act, including, without
7limitation, investigators with the proper knowledge, training,
8and skills to investigate complaints against real estate
9appraisers.
10    In addition, the Department may receive federal financial
11assistance, either directly from the federal government or
12indirectly through another source, public or private, for the
13administration of this Act. The Department may also receive
14transfers, gifts, grants, or donations from any source, public
15or private, in the form of funds, services, equipment,
16supplies, or materials. Any funds received pursuant to this
17Section shall be deposited in the Appraisal Administration
18Fund unless deposit in a different fund is otherwise mandated,
19and shall be used in accordance with the requirements of the
20federal financial assistance, gift, grant, or donation for
21purposes related to the powers and duties of the Department.
22    The Department shall maintain and update a registry of the
23names and addresses of all licensees and a listing of
24disciplinary orders issued pursuant to this Act and shall
25transmit the registry, along with any national registry fees
26that may be required, to the entity specified by, and in a

 

 

10200HB0307sam002- 194 -LRB102 11622 AMC 29966 a

1manner consistent with, Title XI of the federal Financial
2Institutions Reform, Recovery, and Enforcement Act of 1989.
3(Source: P.A. 102-16, eff. 6-17-21; 102-20, eff. 1-1-22;
4revised 7-17-21.)
 
5    Section 150. The Appraisal Management Company Registration
6Act is amended by changing Section 10 as follows:
 
7    (225 ILCS 459/10)
8    (Text of Section before amendment by P.A. 102-20)
9    Sec. 10. Definitions. In this Act:
10    "Address of record" means the principal address recorded
11by the Department in the applicant's or registrant's
12application file or registration file maintained by the
13Department's registration maintenance unit.
14    "Applicant" means a person or entity who applies to the
15Department for a registration under this Act.
16    "Appraisal" means (noun) the act or process of developing
17an opinion of value; an opinion of value (adjective) of or
18pertaining to appraising and related functions.
19    "Appraisal firm" means an appraisal entity that is 100%
20owned and controlled by a person or persons licensed in
21Illinois as a certified general real estate appraiser or a
22certified residential real estate appraiser. An appraisal firm
23does not include an appraisal management company.
24    "Appraisal management company" means any corporation,

 

 

10200HB0307sam002- 195 -LRB102 11622 AMC 29966 a

1limited liability company, partnership, sole proprietorship,
2subsidiary, unit, or other business entity that directly or
3indirectly: (1) provides appraisal management services to
4creditors or secondary mortgage market participants; (2)
5provides appraisal management services in connection with
6valuing the consumer's principal dwelling as security for a
7consumer credit transaction (including consumer credit
8transactions incorporated into securitizations); (3) within a
9given year, oversees an appraiser panel of any size of
10State-certified appraisers in Illinois; and (4) any appraisal
11management company that, within a given year, oversees an
12appraiser panel of 16 or more State-certified appraisers in
13Illinois or 25 or more State-certified or State-licensed
14appraisers in 2 or more jurisdictions shall be subject to the
15appraisal management company national registry fee in addition
16to the appraiser panel fee. "Appraisal management company"
17includes a hybrid entity.
18    "Appraisal management company national registry fee" means
19the fee implemented pursuant to Title XI of the federal
20Financial Institutions Reform, Recovery, and Enforcement Act
21of 1989 for an appraiser management company's national
22registry.
23    "Appraisal management services" means one or more of the
24following:
25        (1) recruiting, selecting, and retaining appraisers;
26        (2) contracting with State-certified or State-licensed

 

 

10200HB0307sam002- 196 -LRB102 11622 AMC 29966 a

1    appraisers to perform appraisal assignments;
2        (3) managing the process of having an appraisal
3    performed, including providing administrative services
4    such as receiving appraisal orders and appraisal reports;
5    submitting completed appraisal reports to creditors and
6    secondary market participants; collecting compensation
7    from creditors, underwriters, or secondary market
8    participants for services provided; or paying appraisers
9    for services performed; or
10        (4) reviewing and verifying the work of appraisers.
11    "Appraiser panel" means a network, list, or roster of
12licensed or certified appraisers approved by the appraisal
13management company or by the end-user client to perform
14appraisals for the appraisal management company. "Appraiser
15panel" includes both appraisers accepted by an appraisal
16management company for consideration for future appraisal
17assignments and appraisers engaged by an appraisal management
18company to perform one or more appraisals.
19    "Appraiser panel fee" means the amount collected from a
20registrant that, where applicable, includes an appraisal
21management company's national registry fee.
22    "Appraisal report" means a written appraisal by an
23appraiser to a client.
24    "Appraisal practice service" means valuation services
25performed by an individual acting as an appraiser, including,
26but not limited to, appraisal or appraisal review.

 

 

10200HB0307sam002- 197 -LRB102 11622 AMC 29966 a

1    "Appraisal subcommittee" means the appraisal subcommittee
2of the Federal Financial Institutions Examination Council as
3established by Title XI.
4    "Appraiser" means a person who performs real estate or
5real property appraisals.
6    "Assignment result" means an appraiser's opinions and
7conclusions developed specific to an assignment.
8    "Audit" includes, but is not limited to, an annual or
9special audit, visit, or review necessary under this Act or
10required by the Secretary or the Secretary's authorized
11representative in carrying out the duties and responsibilities
12under this Act.
13    "Client" means the party or parties who engage an
14appraiser by employment or contract in a specific appraisal
15assignment.
16    "Controlling person Person" means:
17        (1) an owner, officer, or director of an entity
18    seeking to offer appraisal management services;
19        (2) an individual employed, appointed, or authorized
20    by an appraisal management company who has the authority
21    to:
22            (A) enter into a contractual relationship with a
23        client for the performance of an appraisal management
24        service or appraisal practice service; and
25            (B) enter into an agreement with an appraiser for
26        the performance of a real estate appraisal activity;

 

 

10200HB0307sam002- 198 -LRB102 11622 AMC 29966 a

1        (3) an individual who possesses, directly or
2    indirectly, the power to direct or cause the direction of
3    the management or policies of an appraisal management
4    company; or
5        (4) an individual who will act as the sole compliance
6    officer with regard to this Act and any rules adopted
7    under this Act.
8    "Coordinator" means the Coordinator of the Appraisal
9Management Company Registration Unit of the Department or his
10or her designee.
11    "Covered transaction" means a consumer credit transaction
12secured by a consumer's principal dwelling.
13    "Department" means the Department of Financial and
14Professional Regulation.
15    "Email address of record" means the designated email
16address recorded by the Department in the applicant's
17application file or the registrant's registration file
18maintained by the Department's registration maintenance unit.
19    "Entity" means a corporation, a limited liability company,
20partnership, a sole proprietorship, or other entity providing
21services or holding itself out to provide services as an
22appraisal management company or an appraisal management
23service.
24    "End-user client" means any person who utilizes or engages
25the services of an appraiser through an appraisal management
26company.

 

 

10200HB0307sam002- 199 -LRB102 11622 AMC 29966 a

1    "Federally regulated appraisal management company" means
2an appraisal management company that is owned and controlled
3by an insured depository institution, as defined in 12 U.S.C.
41813, or an insured credit union, as defined in 12 U.S.C. 1752,
5and regulated by the Office of the Comptroller of the
6Currency, the Federal Reserve Board, the National Credit Union
7Association, or the Federal Deposit Insurance Corporation.
8    "Financial institution" means any bank, savings bank,
9savings and loan association, credit union, mortgage broker,
10mortgage banker, registrant under the Consumer Installment
11Loan Act or the Sales Finance Agency Act, or a corporate
12fiduciary, subsidiary, affiliate, parent company, or holding
13company of any registrant, or any institution involved in real
14estate financing that is regulated by State or federal law.
15    "Foreign appraisal management company" means any appraisal
16management company organized under the laws of any other state
17of the United States, the District of Columbia, or any other
18jurisdiction of the United States.
19    "Hybrid entity" means an appraisal management company that
20hires an appraiser as an employee to perform an appraisal and
21engages an independent contractor to perform an appraisal.
22    "Multi-state licensing system" means a web-based platform
23that allows an applicant to submit his or her application or
24registration renewal to the Department online.
25    "Person" means individuals, entities, sole
26proprietorships, corporations, limited liability companies,

 

 

10200HB0307sam002- 200 -LRB102 11622 AMC 29966 a

1and alien, foreign, or domestic partnerships, except that when
2the context otherwise requires, the term may refer to a single
3individual or other described entity.
4    "Principal dwelling" means a residential structure that
5contains one to 4 units, whether or not that structure is
6attached to real property. "Principal dwelling" includes an
7individual condominium unit, cooperative unit, manufactured
8home, mobile home, and trailer, if it is used as a residence.
9    "Principal office" means the actual, physical business
10address, which shall not be a post office box or a virtual
11business address, of a registrant, at which (i) the Department
12may contact the registrant and (ii) records required under
13this Act are maintained.
14    "Qualified to transact business in this State" means being
15in compliance with the requirements of the Business
16Corporation Act of 1983.
17    "Quality control review" means a review of an appraisal
18report for compliance and completeness, including grammatical,
19typographical, or other similar errors, unrelated to
20developing an opinion of value.
21    "Real estate" means an identified parcel or tract of land,
22including any improvements.
23    "Real estate related financial transaction" means any
24transaction involving:
25        (1) the sale, lease, purchase, investment in, or
26    exchange of real property, including interests in property

 

 

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1    or the financing thereof;
2        (2) the refinancing of real property or interests in
3    real property; and
4        (3) the use of real property or interest in property
5    as security for a loan or investment, including mortgage
6    backed securities.
7    "Real property" means the interests, benefits, and rights
8inherent in the ownership of real estate.
9    "Secretary" means the Secretary of Financial and
10Professional Regulation.
11    "USPAP" means the Uniform Standards of Professional
12Appraisal Practice as adopted by the Appraisal Standards Board
13under Title XI.
14    "Valuation" means any estimate of the value of real
15property in connection with a creditor's decision to provide
16credit, including those values developed under a policy of a
17government sponsored enterprise or by an automated valuation
18model or other methodology or mechanism.
19    "Written notice" means a communication transmitted by mail
20or by electronic means that can be verified between an
21appraisal management company and a licensed or certified real
22estate appraiser.
23(Source: P.A. 100-604, eff. 7-13-18; revised 8-2-21.)
 
24    (Text of Section after amendment by P.A. 102-20)
25    Sec. 10. Definitions. In this Act:

 

 

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1    "Address of record" means the principal address recorded
2by the Department in the applicant's or registrant's
3application file or registration file maintained by the
4Department's registration maintenance unit.
5    "Applicant" means a person or entity who applies to the
6Department for a registration under this Act.
7    "Appraisal" means (noun) the act or process of developing
8an opinion of value; an opinion of value (adjective) of or
9pertaining to appraising and related functions.
10    "Appraisal firm" means an appraisal entity that is 100%
11owned and controlled by a person or persons licensed in
12Illinois as a certified general real estate appraiser or a
13certified residential real estate appraiser. An appraisal firm
14does not include an appraisal management company.
15    "Appraisal management company" means any corporation,
16limited liability company, partnership, sole proprietorship,
17subsidiary, unit, or other business entity that directly or
18indirectly: (1) provides appraisal management services to
19creditors or secondary mortgage market participants, including
20affiliates; (2) provides appraisal management services in
21connection with valuing the consumer's principal dwelling as
22security for a consumer credit transaction (including consumer
23credit transactions incorporated into securitizations); and
24(3) any appraisal management company that, within a given
2512-month period, oversees an appraiser panel of 16 or more
26State-certified appraisers in Illinois or 25 or more

 

 

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1State-certified or State-licensed appraisers in 2 or more
2jurisdictions. "Appraisal management company" includes a
3hybrid entity.
4    "Appraisal management company national registry fee" means
5the fee implemented pursuant to Title XI of the federal
6Financial Institutions Reform, Recovery, and Enforcement Act
7of 1989 for an appraiser management company's national
8registry.
9    "Appraisal management services" means one or more of the
10following:
11        (1) recruiting, selecting, and retaining appraisers;
12        (2) contracting with State-certified or State-licensed
13    appraisers to perform appraisal assignments;
14        (3) managing the process of having an appraisal
15    performed, including providing administrative services
16    such as receiving appraisal orders and appraisal reports;
17    submitting completed appraisal reports to creditors and
18    secondary market participants; collecting compensation
19    from creditors, underwriters, or secondary market
20    participants for services provided; or paying appraisers
21    for services performed; or
22        (4) reviewing and verifying the work of appraisers.
23    "Appraiser panel" means a network, list, or roster of
24licensed or certified appraisers approved by the appraisal
25management company or by the end-user client to perform
26appraisals as independent contractors for the appraisal

 

 

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1management company. "Appraiser panel" includes both appraisers
2accepted by an appraisal management company for consideration
3for future appraisal assignments and appraisers engaged by an
4appraisal management company to perform one or more
5appraisals. For the purposes of determining the size of an
6appraiser panel, only independent contractors of hybrid
7entities shall be counted towards the appraiser panel.
8    "Appraiser panel fee" means the amount collected from a
9registrant that, where applicable, includes an appraisal
10management company's national registry fee.
11    "Appraisal report" means a written appraisal by an
12appraiser to a client.
13    "Appraisal practice service" means valuation services
14performed by an individual acting as an appraiser, including,
15but not limited to, appraisal or appraisal review.
16    "Appraisal subcommittee" means the appraisal subcommittee
17of the Federal Financial Institutions Examination Council as
18established by Title XI.
19    "Appraiser" means a person who performs real estate or
20real property appraisals.
21    "Assignment result" means an appraiser's opinions and
22conclusions developed specific to an assignment.
23    "Audit" includes, but is not limited to, an annual or
24special audit, visit, or review necessary under this Act or
25required by the Secretary or the Secretary's authorized
26representative in carrying out the duties and responsibilities

 

 

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1under this Act.
2    "Client" means the party or parties who engage an
3appraiser by employment or contract in a specific appraisal
4assignment.
5    "Controlling person Person" means:
6        (1) an owner, officer, or director of an entity
7    seeking to offer appraisal management services;
8        (2) an individual employed, appointed, or authorized
9    by an appraisal management company who has the authority
10    to:
11            (A) enter into a contractual relationship with a
12        client for the performance of an appraisal management
13        service or appraisal practice service; and
14            (B) enter into an agreement with an appraiser for
15        the performance of a real estate appraisal activity;
16        (3) an individual who possesses, directly or
17    indirectly, the power to direct or cause the direction of
18    the management or policies of an appraisal management
19    company; or
20        (4) an individual who will act as the sole compliance
21    officer with regard to this Act and any rules adopted
22    under this Act.
23    "Covered transaction" means a consumer credit transaction
24secured by a consumer's principal dwelling.
25    "Department" means the Department of Financial and
26Professional Regulation.

 

 

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1    "Email address of record" means the designated email
2address recorded by the Department in the applicant's
3application file or the registrant's registration file
4maintained by the Department's registration maintenance unit.
5    "Entity" means a corporation, a limited liability company,
6partnership, a sole proprietorship, or other entity providing
7services or holding itself out to provide services as an
8appraisal management company or an appraisal management
9service.
10    "End-user client" means any person who utilizes or engages
11the services of an appraiser through an appraisal management
12company.
13    "Federally regulated appraisal management company" means
14an appraisal management company that is owned and controlled
15by an insured depository institution, as defined in 12 U.S.C.
161813, or an insured credit union, as defined in 12 U.S.C. 1752,
17and regulated by the Office of the Comptroller of the
18Currency, the Federal Reserve Board, the National Credit Union
19Association, or the Federal Deposit Insurance Corporation.
20    "Financial institution" means any bank, savings bank,
21savings and loan association, credit union, mortgage broker,
22mortgage banker, registrant under the Consumer Installment
23Loan Act or the Sales Finance Agency Act, or a corporate
24fiduciary, subsidiary, affiliate, parent company, or holding
25company of any registrant, or any institution involved in real
26estate financing that is regulated by State or federal law.

 

 

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1    "Foreign appraisal management company" means any appraisal
2management company organized under the laws of any other state
3of the United States, the District of Columbia, or any other
4jurisdiction of the United States.
5    "Hybrid entity" means an appraisal management company that
6hires an appraiser as an employee to perform an appraisal and
7engages an independent contractor to perform an appraisal.
8    "Multi-state licensing system" means a web-based platform
9that allows an applicant to submit the application or
10registration renewal to the Department online.
11    "Person" means individuals, entities, sole
12proprietorships, corporations, limited liability companies,
13and alien, foreign, or domestic partnerships, except that when
14the context otherwise requires, the term may refer to a single
15individual or other described entity.
16    "Principal dwelling" means a residential structure that
17contains one to 4 units, whether or not that structure is
18attached to real property. "Principal dwelling" includes an
19individual condominium unit, cooperative unit, manufactured
20home, mobile home, and trailer, if it is used as a residence.
21    "Principal office" means the actual, physical business
22address, which shall not be a post office box or a virtual
23business address, of a registrant, at which (i) the Department
24may contact the registrant and (ii) records required under
25this Act are maintained.
26    "Qualified to transact business in this State" means being

 

 

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1in compliance with the requirements of the Business
2Corporation Act of 1983.
3    "Quality control review" means a review of an appraisal
4report for compliance and completeness, including grammatical,
5typographical, or other similar errors, unrelated to
6developing an opinion of value.
7    "Real estate" means an identified parcel or tract of land,
8including any improvements.
9    "Real estate related financial transaction" means any
10transaction involving:
11        (1) the sale, lease, purchase, investment in, or
12    exchange of real property, including interests in property
13    or the financing thereof;
14        (2) the refinancing of real property or interests in
15    real property; and
16        (3) the use of real property or interest in property
17    as security for a loan or investment, including mortgage
18    backed securities.
19    "Real property" means the interests, benefits, and rights
20inherent in the ownership of real estate.
21    "Secretary" means the Secretary of Financial and
22Professional Regulation.
23    "USPAP" means the Uniform Standards of Professional
24Appraisal Practice as adopted by the Appraisal Standards Board
25under Title XI.
26    "Valuation" means any estimate of the value of real

 

 

10200HB0307sam002- 209 -LRB102 11622 AMC 29966 a

1property in connection with a creditor's decision to provide
2credit, including those values developed under a policy of a
3government sponsored enterprise or by an automated valuation
4model or other methodology or mechanism.
5    "Written notice" means a communication transmitted by mail
6or by electronic means that can be verified between an
7appraisal management company and a licensed or certified real
8estate appraiser.
9(Source: P.A. 102-20, eff. 1-1-22; revised 8-2-21.)
 
10    Section 155. The Hydraulic Fracturing Regulatory Act is
11amended by changing Section 1-77 as follows:
 
12    (225 ILCS 732/1-77)
13    Sec. 1-77. Chemical disclosure; trade secret protection.
14    (a) If the chemical disclosure information required by
15paragraph (8) of subsection (b) of Section 1-35 of this Act is
16not submitted at the time of permit application, then the
17permittee, applicant, or person who will perform high volume
18horizontal hydraulic fracturing operations at the well shall
19submit this information to the Department in electronic format
20no less than 21 calendar days prior to performing the high
21volume horizontal hydraulic fracturing operations. The
22permittee shall not cause or allow any stimulation of the well
23if it is not in compliance with this Section. Nothing in this
24Section shall prohibit the person performing high volume

 

 

10200HB0307sam002- 210 -LRB102 11622 AMC 29966 a

1horizontal hydraulic fracturing operations from adjusting or
2altering the contents of the fluid during the treatment
3process to respond to unexpected conditions, as long as the
4permittee or the person performing the high volume horizontal
5hydraulic fracturing operations notifies the Department by
6electronic mail within 24 hours of the departure from the
7initial treatment design and includes a brief explanation of
8the reason for the departure.
9    (b) No permittee shall use the services of another person
10to perform high volume horizontal hydraulic fracturing
11operations unless the person is in compliance with this
12Section.
13    (c) Any person performing high volume horizontal hydraulic
14fracturing operations within this State shall:
15        (1) be authorized to do business in this State; and
16        (2) maintain and disclose to the Department separate
17    and up-to-date master lists of:
18            (A) the base fluid to be used during any high
19        volume horizontal hydraulic fracturing operations
20        within this State;
21            (B) all hydraulic fracturing additives to be used
22        during any high volume horizontal hydraulic fracturing
23        operations within this State; and
24            (C) all chemicals and associated Chemical Abstract
25        Service numbers to be used in any high volume
26        horizontal hydraulic fracturing operations within this

 

 

10200HB0307sam002- 211 -LRB102 11622 AMC 29966 a

1        State.
2    (d) Persons performing high volume horizontal hydraulic
3fracturing operations are prohibited from using any base
4fluid, hydraulic fracturing additive, or chemical not listed
5on their master lists disclosed under paragraph (2) of
6subsection (c) of this Section.
7    (e) The Department shall assemble and post up-to-date
8copies of the master lists it receives under paragraph (2) of
9subsection (c) of this Section on its website in accordance
10with Section 1-110 of this Act.
11    (f) Where an applicant, permittee, or the person
12performing high volume horizontal hydraulic fracturing
13operations furnishes chemical disclosure information to the
14Department under this Section, Section 1-35, or Section 1-75
15of this Act under a claim of trade secret, the applicant,
16permittee, or person performing high volume horizontal
17hydraulic fracturing operations shall submit redacted and
18un-redacted copies of the documents containing the information
19to the Department and the Department shall use the redacted
20copies when posting materials on its website.
21    (g) Upon submission or within 5 calendar days of
22submission of chemical disclosure information to the
23Department under this Section, Section 1-35, or Section 1-75
24of this Act under a claim of trade secret, the person that
25claimed trade secret protection shall provide a justification
26of the claim containing the following: a detailed description

 

 

10200HB0307sam002- 212 -LRB102 11622 AMC 29966 a

1of the procedures used by the person to safeguard the
2information from becoming available to persons other than
3those selected by the person to have access to the information
4for limited purposes; a detailed statement identifying the
5persons or class of persons to whom the information has been
6disclosed; a certification that the person has no knowledge
7that the information has ever been published or disseminated
8or has otherwise become a matter of general public knowledge;
9a detailed discussion of why the person believes the
10information to be of competitive value; and any other
11information that shall support the claim.
12    (h) Chemical disclosure information furnished under this
13Section, Section 1-35, or Section 1-75 of this Act under a
14claim of trade secret shall be protected from disclosure as a
15trade secret if the Department determines that the statement
16of justification demonstrates that:
17        (1) the information has not been published,
18    disseminated, or otherwise become a matter of general
19    public knowledge; and
20        (2) the information has competitive value.
21    There is a rebuttable presumption that the information has
22not been published, disseminated, or otherwise become a matter
23of general public knowledge if the person has taken reasonable
24measures to prevent the information from becoming available to
25persons other than those selected by the person to have access
26to the information for limited purposes and the statement of

 

 

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1justification contains a certification that the person has no
2knowledge that the information has ever been published,
3disseminated, or otherwise become a matter of general public
4knowledge.
5    (i) Denial of a trade secret request under this Section
6shall be appealable under the Administrative Review Law.
7    (j) A person whose request to inspect or copy a public
8record is denied, in whole or in part, because of a grant of
9trade secret protection may file a request for review with the
10Public Access Counselor under Section 9.5 of the Freedom of
11Information Act or for injunctive or declaratory relief under
12Section 11 of the Freedom of Information Act for the purpose of
13reviewing whether the Department properly determined that the
14trade secret protection should be granted.
15    (k) Except as otherwise provided in subsections (l) and
16(m) of this Section, the Department must maintain the
17confidentiality of chemical disclosure information furnished
18under this Section, Section 1-35, or Section 1-75 of this Act
19under a claim of trade secret, until the Department receives
20official notification of a final order by a reviewing body
21with proper jurisdiction that is not subject to further appeal
22rejecting a grant of trade secret protection for that
23information.
24    (l) The Department shall adopt rules for the provision of
25information furnished under a claim of trade secret to a
26health professional who states a need for the information and

 

 

10200HB0307sam002- 214 -LRB102 11622 AMC 29966 a

1articulates why the information is needed. The health
2professional may share that information with other persons as
3may be professionally necessary, including, but not limited
4to, the affected patient, other health professionals involved
5in the treatment of the affected patient, the affected
6patient's family members if the affected patient is
7unconscious, is unable to make medical decisions, or is a
8minor, the Centers for Disease Control and Prevention, and
9other government public health agencies. Except as otherwise
10provided in this Section, any recipient of the information
11shall not use the information for purposes other than the
12health needs asserted in the request and shall otherwise
13maintain the information as confidential. Information so
14disclosed to a health professional shall in no way be
15construed as publicly available. The holder of the trade
16secret may request a confidentiality agreement consistent with
17the requirements of this Section from all health professionals
18to whom the information is disclosed as soon as circumstances
19permit. The rules adopted by the Department shall also
20establish procedures for providing the information in both
21emergency and non-emergency situations.
22    (m) In the event of a release of hydraulic fracturing
23fluid, a hydraulic fracturing additive, or hydraulic
24fracturing flowback, and when necessary to protect public
25health or the environment, the Department may disclose
26information furnished under a claim of trade secret to the

 

 

10200HB0307sam002- 215 -LRB102 11622 AMC 29966 a

1relevant county public health director or emergency manager,
2the relevant fire department chief, the Director of the
3Illinois Department of Public Health, the Director of the
4Illinois Department of Agriculture, and the Director of the
5Illinois Environmental Protection Agency upon request by that
6individual. The Director of the Illinois Department of Public
7Health, and the Director of the Illinois Environmental
8Protection Agency, and the Director of the Illinois Department
9of Agriculture may disclose this information to staff members
10under the same terms and conditions as apply to the Director of
11Natural Resources. Except as otherwise provided in this
12Section, any recipient of the information shall not use the
13information for purposes other than to protect public health
14or the environment and shall otherwise maintain the
15information as confidential. Information disclosed to staff
16shall in no way be construed as publicly available. The holder
17of the trade secret information may request a confidentiality
18agreement consistent with the requirements of this Section
19from all persons to whom the information is disclosed as soon
20as circumstances permit.
21(Source: P.A. 98-22, eff. 6-17-13; revised 7-16-21.)
 
22    Section 160. The Sports Wagering Act is amended by
23changing Section 25-90 as follows:
 
24    (230 ILCS 45/25-90)

 

 

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1    Sec. 25-90. Tax; Sports Wagering Fund.
2    (a) For the privilege of holding a license to operate
3sports wagering under this Act, this State shall impose and
4collect 15% of a master sports wagering licensee's adjusted
5gross sports wagering receipts from sports wagering. The
6accrual method of accounting shall be used for purposes of
7calculating the amount of the tax owed by the licensee.
8    The taxes levied and collected pursuant to this subsection
9(a) are due and payable to the Board no later than the last day
10of the month following the calendar month in which the
11adjusted gross sports wagering receipts were received and the
12tax obligation was accrued.
13    (a-5) In addition to the tax imposed under subsection (a)
14of this Section, for the privilege of holding a license to
15operate sports wagering under this Act, the State shall impose
16and collect 2% of the adjusted gross receipts from sports
17wagers that are placed within a home rule county with a
18population of over 3,000,000 inhabitants, which shall be paid,
19subject to appropriation from the General Assembly, from the
20Sports Wagering Fund to that home rule county for the purpose
21of enhancing the county's criminal justice system.
22    (b) The Sports Wagering Fund is hereby created as a
23special fund in the State treasury. Except as otherwise
24provided in this Act, all moneys collected under this Act by
25the Board shall be deposited into the Sports Wagering Fund. On
26the 25th of each month, any moneys remaining in the Sports