HB0307 EnrolledLRB102 11622 KTG 16956 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Nature of this Act.
5    (a) This Act may be cited as the Second 2021 General
6Revisory Act.
7    (b) This Act is not intended to make any substantive
8change in the law. It reconciles conflicts that have arisen
9from multiple amendments and enactments and makes technical
10corrections and revisions in the law.
11    This Act revises and, where appropriate, renumbers certain
12Sections that have been added or amended by more than one
13Public Act. In certain cases in which a repealed Act or Section
14has been replaced with a successor law, this Act may
15incorporate amendments to the repealed Act or Section into the
16successor law. This Act also corrects errors, revises
17cross-references, and deletes obsolete text.
18    (c) In this Act, the reference at the end of each amended
19Section indicates the sources in the Session Laws of Illinois
20that were used in the preparation of the text of that Section.
21The text of the Section included in this Act is intended to
22include the different versions of the Section found in the
23Public Acts included in the list of sources, but may not
24include other versions of the Section to be found in Public

 

 

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1Acts not included in the list of sources. The list of sources
2is not a part of the text of the Section.
3    (d) Public Acts 101-652 through 102-98 were considered in
4the preparation of the combining revisories included in this
5Act. Many of those combining revisories contain no striking or
6underscoring because no additional changes are being made in
7the material that is being combined.
 
8    (5 ILCS 80/4.32 rep.)
9    Section 5. The Regulatory Sunset Act is amended by
10repealing Section 4.32.
 
11    Section 7. The Election Code is amended by changing
12Sections 2A-1.1, 7-4, 7-10, 7-12, 10-4, and 19-2 as follows:
 
13    (10 ILCS 5/2A-1.1)  (from Ch. 46, par. 2A-1.1)
14    Sec. 2A-1.1. All elections; consolidated elections -
15consolidated schedule.
16    (a) Except as otherwise provided in this Code, in
17even-numbered years, the general election shall be held on the
18first Tuesday after the first Monday of November; and an
19election to be known as the general primary election shall be
20held on the third Tuesday in March. ;
21    (b) In odd-numbered years, an election to be known as the
22consolidated election shall be held on the first Tuesday in
23April except as provided in Section 2A-1.1a of this Code Act;

 

 

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1and an election to be known as the consolidated primary
2election shall be held on the last Tuesday in February.
3(Source: P.A. 102-15, eff. 6-17-21; revised 7-14-21.)
 
4    (10 ILCS 5/7-4)  (from Ch. 46, par. 7-4)
5    Sec. 7-4. The following words and phrases in this Article
67 shall, unless the same be inconsistent with the context, be
7construed as follows:
8    1. The word "primary", the primary elections provided for
9in this Article, which are the general primary, the
10consolidated primary, and for those municipalities which have
11annual partisan elections for any officer, the municipal
12primary held 6 weeks prior to the general primary election
13date in even numbered years.
14    2. The definitions definition of terms in Section 1-3 of
15this Code Act shall apply to this Article.
16    3. The word "precinct", a voting district heretofore or
17hereafter established by law within which all qualified
18electors vote at one polling place.
19    4. The words "state office" or "state officer", an office
20to be filled, or an officer to be voted for, by qualified
21electors of the entire state, including United States Senator
22and Congressperson at large.
23    5. The words "congressional office" or "congressional
24officer", representatives in Congress.
25    6. The words "county office" or "county officer," include

 

 

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1an office to be filled or an officer to be voted for, by the
2qualified electors of the entire county. "County office" or
3"county officer" also include the assessor and board of
4appeals and county commissioners and president of county board
5of Cook County, and county board members and the chair of the
6county board in counties subject to Division 2-3 of the
7Counties Code "An Act relating to the composition and election
8of county boards in certain counties", enacted by the 76th
9General Assembly.
10    7. The words "city office" and "village office," and
11"incorporated town office" or "city officer" and "village
12officer", and "incorporated town officer", an office to be
13filled or an officer to be voted for by the qualified electors
14of the entire municipality, including alderpersons.
15    8. The words "town office" or "town officer", an office to
16be filled or an officer to be voted for by the qualified
17electors of an entire town.
18    9. The words "town" and "incorporated town" shall
19respectively be defined as in Section 1-3 of this Code Act.
20    10. The words "delegates and alternate delegates to
21National nominating conventions" include all delegates and
22alternate delegates to National nominating conventions whether
23they be elected from the state at large or from congressional
24districts or selected by State convention unless contrary and
25non-inclusive language specifically limits the term to one
26class.

 

 

 

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1    11. "Judicial office" means a post held by a judge of the
2Supreme, Appellate, or Circuit Court.
3(Source: P.A. 102-15, eff. 6-17-21; revised 7-14-21.)
 
4    (10 ILCS 5/7-10)  (from Ch. 46, par. 7-10)
5    Sec. 7-10. Form of petition for nomination. The name of no
6candidate for nomination, or State central committeeperson, or
7township committeeperson, or precinct committeeperson, or ward
8committeeperson or candidate for delegate or alternate
9delegate to national nominating conventions, shall be printed
10upon the primary ballot unless a petition for nomination has
11been filed in his behalf as provided in this Article in
12substantially the following form:
13    We, the undersigned, members of and affiliated with the
14.... party and qualified primary electors of the .... party,
15in the .... of ...., in the county of .... and State of
16Illinois, do hereby petition that the following named person
17or persons shall be a candidate or candidates of the .... party
18for the nomination for (or in case of committeepersons for
19election to) the office or offices hereinafter specified, to
20be voted for at the primary election to be held on (insert
21date).
22    NameOfficeAddress
23John JonesGovernorBelvidere, Ill.
24Jane James Lieutenant Governor Peoria, Ill.
25Thomas SmithAttorney GeneralOakland, Ill.

 

 

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1Name..................         Address.......................
 
2State of Illinois)
3                 ) ss.
4County of........)
5    I, ...., do hereby certify that I reside at No. ....
6street, in the .... of ...., county of ...., and State of
7....., that I am 18 years of age or older, that I am a citizen
8of the United States, and that the signatures on this sheet
9were signed in my presence, and are genuine, and that to the
10best of my knowledge and belief the persons so signing were at
11the time of signing the petitions qualified voters of the ....
12party, and that their respective residences are correctly
13stated, as above set forth.
14
.........................
15    Subscribed and sworn to before me on (insert date).
16
.........................

 
17    Each sheet of the petition other than the statement of
18candidacy and candidate's statement shall be of uniform size
19and shall contain above the space for signatures an
20appropriate heading giving the information as to name of
21candidate or candidates, in whose behalf such petition is
22signed; the office, the political party represented and place
23of residence; and the heading of each sheet shall be the same.

 

 

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1    Such petition shall be signed by qualified primary
2electors residing in the political division for which the
3nomination is sought in their own proper persons only and
4opposite the signature of each signer, his residence address
5shall be written or printed. The residence address required to
6be written or printed opposite each qualified primary
7elector's name shall include the street address or rural route
8number of the signer, as the case may be, as well as the
9signer's county, and city, village or town, and state.
10However, the county or city, village or town, and state of
11residence of the electors may be printed on the petition forms
12where all of the electors signing the petition reside in the
13same county or city, village or town, and state. Standard
14abbreviations may be used in writing the residence address,
15including street number, if any. At the bottom of each sheet of
16such petition shall be added a circulator statement signed by
17a person 18 years of age or older who is a citizen of the
18United States, stating the street address or rural route
19number, as the case may be, as well as the county, city,
20village or town, and state; and certifying that the signatures
21on that sheet of the petition were signed in his or her
22presence and certifying that the signatures are genuine; and
23either (1) indicating the dates on which that sheet was
24circulated, or (2) indicating the first and last dates on
25which the sheet was circulated, or (3) certifying that none of
26the signatures on the sheet were signed more than 90 days

 

 

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1preceding the last day for the filing of the petition and
2certifying that to the best of his or her knowledge and belief
3the persons so signing were at the time of signing the
4petitions qualified voters of the political party for which a
5nomination is sought. Such statement shall be sworn to before
6some officer authorized to administer oaths in this State.
7    Except as otherwise provided in this Code, no petition
8sheet shall be circulated more than 90 days preceding the last
9day provided in Section 7-12 for the filing of such petition.
10    The person circulating the petition, or the candidate on
11whose behalf the petition is circulated, may strike any
12signature from the petition, provided that:
13        (1) the person striking the signature shall initial
14    the petition at the place where the signature is struck;
15    and
16        (2) the person striking the signature shall sign a
17    certification listing the page number and line number of
18    each signature struck from the petition. Such
19    certification shall be filed as a part of the petition.
20    Such sheets before being filed shall be neatly fastened
21together in book form, by placing the sheets in a pile and
22fastening them together at one edge in a secure and suitable
23manner, and the sheets shall then be numbered consecutively.
24The sheets shall not be fastened by pasting them together end
25to end, so as to form a continuous strip or roll. All petition
26sheets which are filed with the proper local election

 

 

 

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1officials, election authorities or the State Board of
2Elections shall be the original sheets which have been signed
3by the voters and by the circulator thereof, and not
4photocopies or duplicates of such sheets. Each petition must
5include as a part thereof, a statement of candidacy for each of
6the candidates filing, or in whose behalf the petition is
7filed. This statement shall set out the address of such
8candidate, the office for which he is a candidate, shall state
9that the candidate is a qualified primary voter of the party to
10which the petition relates and is qualified for the office
11specified (in the case of a candidate for State's Attorney it
12shall state that the candidate is at the time of filing such
13statement a licensed attorney-at-law of this State), shall
14state that he has filed (or will file before the close of the
15petition filing period) a statement of economic interests as
16required by the Illinois Governmental Ethics Act, shall
17request that the candidate's name be placed upon the official
18ballot, and shall be subscribed and sworn to by such candidate
19before some officer authorized to take acknowledgment of deeds
20in the State and shall be in substantially the following form:
21
Statement of Candidacy
22NameAddressOfficeDistrictParty
23John Jones102 Main St.GovernorStatewideRepublican
24Belvidere,
25Illinois

 

 

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1State of Illinois)
2                 ) ss.
3County of .......)
4    I, ...., being first duly sworn, say that I reside at ....
5Street in the city (or village) of ...., in the county of ....,
6State of Illinois; that I am a qualified voter therein and am a
7qualified primary voter of the .... party; that I am a
8candidate for nomination (for election in the case of
9committeeperson and delegates and alternate delegates) to the
10office of .... to be voted upon at the primary election to be
11held on (insert date); that I am legally qualified (including
12being the holder of any license that may be an eligibility
13requirement for the office I seek the nomination for) to hold
14such office and that I have filed (or I will file before the
15close of the petition filing period) a statement of economic
16interests as required by the Illinois Governmental Ethics Act
17and I hereby request that my name be printed upon the official
18primary ballot for nomination for (or election to in the case
19of committeepersons and delegates and alternate delegates)
20such office.
21
Signed ......................
22    Subscribed and sworn to (or affirmed) before me by ....,
23who is to me personally known, on (insert date).
24
Signed ....................
25
(Official Character)
26(Seal, if officer has one.)
 

 

 

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1    The petitions, when filed, shall not be withdrawn or added
2to, and no signatures shall be revoked except by revocation
3filed in writing with the State Board of Elections, election
4authority or local election official with whom the petition is
5required to be filed, and before the filing of such petition.
6Whoever forges the name of a signer upon any petition required
7by this Article is deemed guilty of a forgery and on conviction
8thereof shall be punished accordingly.
9    A candidate for the offices listed in this Section must
10obtain the number of signatures specified in this Section on
11his or her petition for nomination.
12    (a) Statewide office or delegate to a national nominating
13convention. Except as otherwise provided in this Code, if a
14candidate seeks to run for statewide office or as a delegate or
15alternate delegate to a national nominating convention elected
16from the State at-large, then the candidate's petition for
17nomination must contain at least 5,000 but not more than
1810,000 signatures.
19    (b) Congressional office or congressional delegate to a
20national nominating convention. Except as otherwise provided
21in this Code, if a candidate seeks to run for United States
22Congress or as a congressional delegate or alternate
23congressional delegate to a national nominating convention
24elected from a congressional district, then the candidate's
25petition 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 his or her congressional district. In the
3first primary election following a redistricting of
4congressional districts, a candidate's petition for nomination
5must contain at least 600 signatures of qualified primary
6electors of the candidate's political party in his or her
7congressional district.
8    (c) County office. Except as otherwise provided in this
9Code, if a candidate seeks to run for any countywide office,
10including, but not limited to, county board chairperson or
11county board member, elected on an at-large basis, in a county
12other than Cook County, then the candidate's petition for
13nomination must contain at least the number of signatures
14equal to 0.5% of the qualified electors of his or her party who
15cast votes at the last preceding general election in his or her
16county. If a candidate seeks to run for county board member
17elected from a county board district, then the candidate's
18petition for nomination must contain at least the number of
19signatures equal to 0.5% of the qualified primary electors of
20his or her party in the county board district. In the first
21primary election following a redistricting of county board
22districts or the initial establishment of county board
23districts, a candidate's petition for nomination must contain
24at least the number of signatures equal to 0.5% of the
25qualified electors of his or her party in the entire county who
26cast votes at the last preceding general election divided by

 

 

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

 

 

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

 

 

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

 

 

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1first primary election following redistricting of sanitary
2districts elected from wards, a candidate's petition for
3nomination must contain at least the signatures of 150
4qualified primary electors of his or her ward of that sanitary
5district.
6    (h) Judicial office. Except as otherwise provided in this
7Code, if a candidate seeks to run for judicial office in a
8district, then the candidate's petition for nomination must
9contain the number of signatures equal to 0.4% of the number of
10votes cast in that district for the candidate for his or her
11political party for the office of Governor at the last general
12election at which a Governor was elected, but in no event less
13than 500 signatures. If a candidate seeks to run for judicial
14office in a circuit or subcircuit, then the candidate's
15petition for nomination must contain the number of signatures
16equal to 0.25% of the number of votes cast for the judicial
17candidate of his or her political party who received the
18highest number of votes at the last general election at which a
19judicial officer from the same circuit or subcircuit was
20regularly scheduled to be elected, but in no event less than
211,000 signatures in circuits and subcircuits located in the
22First Judicial District or 500 signatures in every other
23Judicial District.
24    (i) Precinct, ward, and township committeeperson. Except
25as otherwise provided in this Code, if a candidate seeks to run
26for precinct committeeperson, then the candidate's petition

 

 

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1for nomination must contain at least 10 signatures of the
2primary electors of his or her party for the precinct. If a
3candidate seeks to run for ward committeeperson, then the
4candidate's petition for nomination must contain no less than
5the number of signatures equal to 10% of the primary electors
6of his or her party of the ward, but no more than 16% of those
7same electors; provided that the maximum number of signatures
8may be 50 more than the minimum number, whichever is greater.
9If a candidate seeks to run for township committeeperson, then
10the candidate's petition for nomination must contain no less
11than the number of signatures equal to 5% of the primary
12electors of his or her party of the township, but no more than
138% of those same electors; provided that the maximum number of
14signatures may be 50 more than the minimum number, whichever
15is greater.
16    (j) State's attorney or regional superintendent of schools
17for multiple counties. If a candidate seeks to run for State's
18attorney or regional Superintendent of Schools who serves more
19than one county, then the candidate's petition for nomination
20must contain at least the number of signatures equal to 0.5% of
21the primary electors of his or her party in the territory
22comprising the counties.
23    (k) Any other office. If a candidate seeks any other
24office, then the candidate's petition for nomination must
25contain at least the number of signatures equal to 0.5% of the
26registered voters of the political subdivision, district, or

 

 

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1division for which the nomination is made or 25 signatures,
2whichever is greater.
3    For purposes of this Section the number of primary
4electors shall be determined by taking the total vote cast, in
5the applicable district, for the candidate for that political
6party who received the highest number of votes, statewide, at
7the last general election in the State at which electors for
8President of the United States were elected. For political
9subdivisions, the number of primary electors shall be
10determined by taking the total vote cast for the candidate for
11that political party who received the highest number of votes
12in the political subdivision at the last regular election at
13which an officer was regularly scheduled to be elected from
14that subdivision. For wards or districts of political
15subdivisions, the number of primary electors shall be
16determined by taking the total vote cast for the candidate for
17that political party who received the highest number of votes
18in the ward or district at the last regular election at which
19an officer was regularly scheduled to be elected from that
20ward or district.
21    A "qualified primary elector" of a party may not sign
22petitions for or be a candidate in the primary of more than one
23party.
24    The changes made to this Section by Public Act 93-574 of
25this amendatory Act of the 93rd General Assembly are
26declarative of existing law, except for item (3) of subsection

 

 

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1(d).
2    Petitions of candidates for nomination for offices herein
3specified, to be filed with the same officer, may contain the
4names of 2 or more candidates of the same political party for
5the same or different offices. In the case of the offices of
6Governor and Lieutenant Governor, a joint petition including
7one candidate for each of those offices must be filed.
8(Source: P.A. 102-15, eff. 6-17-21; revised 7-14-21.)
 
9    (10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)
10    Sec. 7-12. All petitions for nomination shall be filed by
11mail or in person as follows:
12        (1) Except as otherwise provided in this Code, where
13    the nomination is to be made for a State, congressional,
14    or judicial office, or for any office a nomination for
15    which is made for a territorial division or district which
16    comprises more than one county or is partly in one county
17    and partly in another county or counties (including the
18    Fox Metro Water Reclamation District), then, except as
19    otherwise provided in this Section, such petition for
20    nomination shall be filed in the principal office of the
21    State Board of Elections not more than 113 and not less
22    than 106 days prior to the date of the primary, but, in the
23    case of petitions for nomination to fill a vacancy by
24    special election in the office of representative in
25    Congress from this State, such petition for nomination

 

 

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1    shall be filed in the principal office of the State Board
2    of Elections not more than 85 days and not less than 82
3    days prior to the date of the primary.
4        Where a vacancy occurs in the office of Supreme,
5    Appellate or Circuit Court Judge within the 3-week period
6    preceding the 106th day before a general primary election,
7    petitions for nomination for the office in which the
8    vacancy has occurred shall be filed in the principal
9    office of the State Board of Elections not more than 92 nor
10    less than 85 days prior to the date of the general primary
11    election.
12        Where the nomination is to be made for delegates or
13    alternate delegates to a national nominating convention,
14    then such petition for nomination shall be filed in the
15    principal office of the State Board of Elections not more
16    than 113 and not less than 106 days prior to the date of
17    the primary; provided, however, that if the rules or
18    policies of a national political party conflict with such
19    requirements for filing petitions for nomination for
20    delegates or alternate delegates to a national nominating
21    convention, the chair of the State central committee of
22    such national political party shall notify the Board in
23    writing, citing by reference the rules or policies of the
24    national political party in conflict, and in such case the
25    Board shall direct such petitions to be filed in
26    accordance with the delegate selection plan adopted by the

 

 

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1    state central committee of such national political party.
2        (2) Where the nomination is to be made for a county
3    office or trustee of a sanitary district then such
4    petition shall be filed in the office of the county clerk
5    not more than 113 nor less than 106 days prior to the date
6    of the primary.
7        (3) Where the nomination is to be made for a municipal
8    or township office, such petitions for nomination shall be
9    filed in the office of the local election official, not
10    more than 99 nor less than 92 days prior to the date of the
11    primary; provided, where a municipality's or township's
12    boundaries are coextensive with or are entirely within the
13    jurisdiction of a municipal board of election
14    commissioners, the petitions shall be filed in the office
15    of such board; and provided, that petitions for the office
16    of multi-township assessor shall be filed with the
17    election authority.
18        (4) The petitions of candidates for State central
19    committeeperson shall be filed in the principal office of
20    the State Board of Elections not more than 113 nor less
21    than 106 days prior to the date of the primary.
22        (5) Petitions of candidates for precinct, township or
23    ward committeepersons shall be filed in the office of the
24    county clerk not more than 113 nor less than 106 days prior
25    to the date of the primary.
26        (6) The State Board of Elections and the various

 

 

HB0307 Enrolled- 22 -LRB102 11622 KTG 16956 b

1    election authorities and local election officials with
2    whom such petitions for nominations are filed shall
3    specify the place where filings shall be made and upon
4    receipt shall endorse thereon the day and hour on which
5    each petition was filed. All petitions filed by persons
6    waiting in line as of 8:00 a.m. on the first day for
7    filing, or as of the normal opening hour of the office
8    involved on such day, shall be deemed filed as of 8:00 a.m.
9    or the normal opening hour, as the case may be. Petitions
10    filed by mail and received after midnight of the first day
11    for filing and in the first mail delivery or pickup of that
12    day shall be deemed as filed as of 8:00 a.m. of that day or
13    as of the normal opening hour of such day, as the case may
14    be. All petitions received thereafter shall be deemed as
15    filed in the order of actual receipt. However, 2 or more
16    petitions filed within the last hour of the filing
17    deadline shall be deemed filed simultaneously. Where 2 or
18    more petitions are received simultaneously, the State
19    Board of Elections or the various election authorities or
20    local election officials with whom such petitions are
21    filed shall break ties and determine the order of filing,
22    by means of a lottery or other fair and impartial method of
23    random selection approved by the State Board of Elections.
24    Such lottery shall be conducted within 9 days following
25    the last day for petition filing and shall be open to the
26    public. Seven days written notice of the time and place of

 

 

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1    conducting such random selection shall be given by the
2    State Board of Elections to the chair of the State central
3    committee of each established political party, and by each
4    election authority or local election official, to the
5    County Chair of each established political party, and to
6    each organization of citizens within the election
7    jurisdiction which was entitled, under this Article, at
8    the next preceding election, to have pollwatchers present
9    on the day of election. The State Board of Elections,
10    election authority or local election official shall post
11    in a conspicuous, open and public place, at the entrance
12    of the office, notice of the time and place of such
13    lottery. The State Board of Elections shall adopt rules
14    and regulations governing the procedures for the conduct
15    of such lottery. All candidates shall be certified in the
16    order in which their petitions have been filed. Where
17    candidates have filed simultaneously, they shall be
18    certified in the order determined by lot and prior to
19    candidates who filed for the same office at a later time.
20        (7) The State Board of Elections or the appropriate
21    election authority or local election official with whom
22    such a petition for nomination is filed shall notify the
23    person for whom a petition for nomination has been filed
24    of the obligation to file statements of organization,
25    reports of campaign contributions, and annual reports of
26    campaign contributions and expenditures under Article 9 of

 

 

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1    this Code Act. Such notice shall be given in the manner
2    prescribed by paragraph (7) of Section 9-16 of this Code.
3        (8) Nomination papers filed under this Section are not
4    valid if the candidate named therein fails to file a
5    statement of economic interests as required by the
6    Illinois Governmental Ethics Act in relation to his
7    candidacy with the appropriate officer by the end of the
8    period for the filing of nomination papers unless he has
9    filed a statement of economic interests in relation to the
10    same governmental unit with that officer within a year
11    preceding the date on which such nomination papers were
12    filed. If the nomination papers of any candidate and the
13    statement of economic interest of that candidate are not
14    required to be filed with the same officer, the candidate
15    must file with the officer with whom the nomination papers
16    are filed a receipt from the officer with whom the
17    statement of economic interests is filed showing the date
18    on which such statement was filed. Such receipt shall be
19    so filed not later than the last day on which nomination
20    papers may be filed.
21        (9) Except as otherwise provided in this Code, any
22    person for whom a petition for nomination, or for
23    committeeperson or for delegate or alternate delegate to a
24    national nominating convention has been filed may cause
25    his name to be withdrawn by request in writing, signed by
26    him and duly acknowledged before an officer qualified to

 

 

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1    take acknowledgments of deeds, and filed in the principal
2    or permanent branch office of the State Board of Elections
3    or with the appropriate election authority or local
4    election official, not later than the date of
5    certification of candidates for the consolidated primary
6    or general primary ballot. No names so withdrawn shall be
7    certified or printed on the primary ballot. If petitions
8    for nomination have been filed for the same person with
9    respect to more than one political party, his name shall
10    not be certified nor printed on the primary ballot of any
11    party. If petitions for nomination have been filed for the
12    same person for 2 or more offices which are incompatible
13    so that the same person could not serve in more than one of
14    such offices if elected, that person must withdraw as a
15    candidate for all but one of such offices within the 5
16    business days following the last day for petition filing.
17    A candidate in a judicial election may file petitions for
18    nomination for only one vacancy in a subcircuit and only
19    one vacancy in a circuit in any one filing period, and if
20    petitions for nomination have been filed for the same
21    person for 2 or more vacancies in the same circuit or
22    subcircuit in the same filing period, his or her name
23    shall be certified only for the first vacancy for which
24    the petitions for nomination were filed. If he fails to
25    withdraw as a candidate for all but one of such offices
26    within such time his name shall not be certified, nor

 

 

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1    printed on the primary ballot, for any office. For the
2    purpose of the foregoing provisions, an office in a
3    political party is not incompatible with any other office.
4        (10)(a) Notwithstanding the provisions of any other
5    statute, no primary shall be held for an established
6    political party in any township, municipality, or ward
7    thereof, where the nomination of such party for every
8    office to be voted upon by the electors of such township,
9    municipality, or ward thereof, is uncontested. Whenever a
10    political party's nomination of candidates is uncontested
11    as to one or more, but not all, of the offices to be voted
12    upon by the electors of a township, municipality, or ward
13    thereof, then a primary shall be held for that party in
14    such township, municipality, or ward thereof; provided
15    that the primary ballot shall not include those offices
16    within such township, municipality, or ward thereof, for
17    which the nomination is uncontested. For purposes of this
18    Article, the nomination of an established political party
19    of a candidate for election to an office shall be deemed to
20    be uncontested where not more than the number of persons
21    to be nominated have timely filed valid nomination papers
22    seeking the nomination of such party for election to such
23    office.
24        (b) Notwithstanding the provisions of any other
25    statute, no primary election shall be held for an
26    established political party for any special primary

 

 

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1    election called for the purpose of filling a vacancy in
2    the office of representative in the United States Congress
3    where the nomination of such political party for said
4    office is uncontested. For the purposes of this Article,
5    the nomination of an established political party of a
6    candidate for election to said office shall be deemed to
7    be uncontested where not more than the number of persons
8    to be nominated have timely filed valid nomination papers
9    seeking the nomination of such established party for
10    election to said office. This subsection (b) shall not
11    apply if such primary election is conducted on a regularly
12    scheduled election day.
13        (c) Notwithstanding the provisions in subparagraph (a)
14    and (b) of this paragraph (10), whenever a person who has
15    not timely filed valid nomination papers and who intends
16    to become a write-in candidate for a political party's
17    nomination for any office for which the nomination is
18    uncontested files a written statement or notice of that
19    intent with the State Board of Elections or the local
20    election official with whom nomination papers for such
21    office are filed, a primary ballot shall be prepared and a
22    primary shall be held for that office. Such statement or
23    notice shall be filed on or before the date established in
24    this Article for certifying candidates for the primary
25    ballot. Such statement or notice shall contain (i) the
26    name and address of the person intending to become a

 

 

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1    write-in candidate, (ii) a statement that the person is a
2    qualified primary elector of the political party from whom
3    the nomination is sought, (iii) a statement that the
4    person intends to become a write-in candidate for the
5    party's nomination, and (iv) the office the person is
6    seeking as a write-in candidate. An election authority
7    shall have no duty to conduct a primary and prepare a
8    primary ballot for any office for which the nomination is
9    uncontested unless a statement or notice meeting the
10    requirements of this Section is filed in a timely manner.
11        (11) If multiple sets of nomination papers are filed
12    for a candidate to the same office, the State Board of
13    Elections, appropriate election authority or local
14    election official where the petitions are filed shall
15    within 2 business days notify the candidate of his or her
16    multiple petition filings and that the candidate has 3
17    business days after receipt of the notice to notify the
18    State Board of Elections, appropriate election authority
19    or local election official that he or she may cancel prior
20    sets of petitions. If the candidate notifies the State
21    Board of Elections, appropriate election authority or
22    local election official, the last set of petitions filed
23    shall be the only petitions to be considered valid by the
24    State Board of Elections, election authority or local
25    election official. If the candidate fails to notify the
26    State Board of Elections, election authority or local

 

 

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1    election official then only the first set of petitions
2    filed shall be valid and all subsequent petitions shall be
3    void.
4        (12) All nominating petitions shall be available for
5    public inspection and shall be preserved for a period of
6    not less than 6 months.
7(Source: P.A. 101-523, eff. 8-23-19; 102-15, eff. 6-17-21;
8revised 7-14-21.)
 
9    (10 ILCS 5/10-4)  (from Ch. 46, par. 10-4)
10    Sec. 10-4. Form of petition for nomination. All petitions
11for nomination under this Article 10 for candidates for public
12office in this State, shall in addition to other requirements
13provided by law, be as follows: Such petitions shall consist
14of sheets of uniform size and each sheet shall contain, above
15the space for signature, an appropriate heading, giving the
16information as to name of candidate or candidates in whose
17behalf such petition is signed; the office; the party; place
18of residence; and such other information or wording as
19required to make same valid, and the heading of each sheet
20shall be the same. Such petition shall be signed by the
21qualified voters in their own proper persons only, and
22opposite the signature of each signer his residence address
23shall be written or printed. The residence address required to
24be written or printed opposite each qualified primary
25elector's name shall include the street address or rural route

 

 

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1number of the signer, as the case may be, as well as the
2signer's county, and city, village or town, and state.
3However, the county or city, village or town, and state of
4residence of such electors may be printed on the petition
5forms where all of the electors signing the petition reside in
6the same county or city, village or town, and state. Standard
7abbreviations may be used in writing the residence address,
8including street number, if any. Except as otherwise provided
9in this Code, no signature shall be valid or be counted in
10considering the validity or sufficiency of such petition
11unless the requirements of this Section are complied with. At
12the bottom of each sheet of such petition shall be added a
13circulator's statement, signed by a person 18 years of age or
14older who is a citizen of the United States; stating the street
15address or rural route number, as the case may be, as well as
16the county, city, village or town, and state; certifying that
17the signatures on that sheet of the petition were signed in his
18or her presence; certifying that the signatures are genuine;
19and either (1) indicating the dates on which that sheet was
20circulated, or (2) indicating the first and last dates on
21which the sheet was circulated, or (3) certifying that none of
22the signatures on the sheet were signed more than 90 days
23preceding the last day for the filing of the petition; and
24certifying that to the best of his knowledge and belief the
25persons so signing were at the time of signing the petition
26duly registered voters under Article Articles 4, 5, or 6 of

 

 

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1this the Code of the political subdivision or district for
2which the candidate or candidates shall be nominated, and
3certifying that their respective residences are correctly
4stated therein. Such statement shall be sworn to before some
5officer authorized to administer oaths in this State. Except
6as otherwise provided in this Code, no petition sheet shall be
7circulated more than 90 days preceding the last day provided
8in Section 10-6 for the filing of such petition. Such sheets,
9before being presented to the electoral board or filed with
10the proper officer of the electoral district or division of
11the state or municipality, as the case may be, shall be neatly
12fastened together in book form, by placing the sheets in a pile
13and fastening them together at one edge in a secure and
14suitable manner, and the sheets shall then be numbered
15consecutively. The sheets shall not be fastened by pasting
16them together end to end, so as to form a continuous strip or
17roll. All petition sheets which are filed with the proper
18local election officials, election authorities or the State
19Board of Elections shall be the original sheets which have
20been signed by the voters and by the circulator, and not
21photocopies or duplicates of such sheets. A petition, when
22presented or filed, shall not be withdrawn, altered, or added
23to, and no signature shall be revoked except by revocation in
24writing presented or filed with the officers or officer with
25whom the petition is required to be presented or filed, and
26before the presentment or filing of such petition. Whoever

 

 

HB0307 Enrolled- 32 -LRB102 11622 KTG 16956 b

1forges any name of a signer upon any petition shall be deemed
2guilty of a forgery, and on conviction thereof, shall be
3punished accordingly. The word "petition" or "petition for
4nomination", as used herein, shall mean what is sometimes
5known as nomination papers, in distinction to what is known as
6a certificate of nomination. The words "political division for
7which the candidate is nominated", or its equivalent, shall
8mean the largest political division in which all qualified
9voters may vote upon such candidate or candidates, as the
10state in the case of state officers; the township in the case
11of township officers et cetera. Provided, further, that no
12person shall circulate or certify petitions for candidates of
13more than one political party, or for an independent candidate
14or candidates in addition to one political party, to be voted
15upon at the next primary or general election, or for such
16candidates and parties with respect to the same political
17subdivision at the next consolidated election.
18(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
 
19    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)
20    Sec. 19-2. Except as otherwise provided in this Code, any
21elector as defined in Section 19-1 may by mail or
22electronically on the website of the appropriate election
23authority, not more than 90 nor less than 5 days prior to the
24date of such election, or by personal delivery not more than 90
25nor less than one day prior to the date of such election, make

 

 

HB0307 Enrolled- 33 -LRB102 11622 KTG 16956 b

1application to the county clerk or to the Board of Election
2Commissioners for an official ballot for the voter's precinct
3to be voted at such election, or to be added to a list of
4permanent vote by mail status voters who receive an official
5vote by mail ballot for subsequent elections. Voters who make
6an application for permanent vote by mail ballot status shall
7follow the procedures specified in Section 19-3. Voters whose
8application for permanent vote by mail status is accepted by
9the election authority shall remain on the permanent vote by
10mail list until the voter requests to be removed from
11permanent vote by mail status, the voter provides notice to
12the election authority of a change in registration, or the
13election authority receives confirmation that the voter has
14subsequently registered to vote in another county. The URL
15address at which voters may electronically request a vote by
16mail ballot shall be fixed no later than 90 calendar days
17before an election and shall not be changed until after the
18election. Such a ballot shall be delivered to the elector only
19upon separate application by the elector for each election.
20(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
 
21    Section 12. The Community Development Loan Guarantee Act
22is amended by changing Section 30-1 as follows:
 
23    (15 ILCS 516/30-1)
24    Sec. 30-1. Short title. This Article Act may be cited as

 

 

HB0307 Enrolled- 34 -LRB102 11622 KTG 16956 b

1the Community Development Loan Guarantee Act. References in
2this Article to "this Act" mean this Article.
3(Source: P.A. 101-657, eff. 3-23-21; revised 7-16-21.)
 
4    Section 15. The Department of State Police Law of the
5Civil Administrative Code of Illinois is amended by changing
6Section 2605-53 as follows:
 
7    (20 ILCS 2605/2605-53)
8    Sec. 2605-53. 9-1-1 system; sexual assault and sexual
9abuse.
10    (a) The Office of the Statewide 9-1-1 Administrator, in
11consultation with the Office of the Attorney General and the
12Illinois Law Enforcement Training Standards Board, shall:
13        (1) develop comprehensive guidelines for
14    evidence-based, trauma-informed, victim-centered handling
15    of sexual assault or sexual abuse calls by Public Safety
16    Answering Point telecommunicators; and
17        (2) adopt rules and minimum standards for an
18    evidence-based, trauma-informed, victim-centered training
19    curriculum for handling of sexual assault or sexual abuse
20    calls for Public Safety Answering Point telecommunicators
21    ("PSAP").
22    (a-5) Within one year after June 3, 2021 (the effective
23date of Public Act 102-9) this amendatory Act of the 102nd
24General Assembly, the Office of the Statewide 9-1-1

 

 

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1Administrator, in consultation with the Statewide 9-1-1
2Advisory Board, shall:
3        (1) develop comprehensive guidelines for training on
4    emergency dispatch procedures, including, but not limited
5    to, emergency medical dispatch, and the delivery of 9-1-1
6    services and professionalism for public safety
7    telecommunicators and public safety telecommunicator
8    supervisors; and
9        (2) adopt rules and minimum standards for continuing
10    education on emergency dispatch procedures, including, but
11    not limited to, emergency medical dispatch, and the
12    delivery of 9-1-1 services and professionalism for public
13    safety telecommunicators and public safety
14    telecommunicator Supervisors. ; and
15    (a-10) The Office of the Statewide 9-1-1 Administrator may
16as necessary establish by rule appropriate testing and
17certification processes consistent with the training required
18by this Section.
19    (b) Training requirements:
20        (1) Newly hired PSAP telecommunicators must complete
21    the sexual assault and sexual abuse training curriculum
22    established in subsection (a) of this Section prior to
23    handling emergency calls.
24        (2) All existing PSAP telecommunicators shall complete
25    the sexual assault and sexual abuse training curriculum
26    established in subsection (a) of this Section within 2

 

 

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1    years of January 1, 2017 (the effective date of Public Act
2    99-801) this amendatory Act of the 99th General Assembly.
3        (3) Newly hired public safety telecommunicators shall
4    complete the emergency dispatch procedures training
5    curriculum established in subsection (a-5) of this Section
6    prior to independently handling emergency calls within one
7    year of the Statewide 9-1-1 Administrator establishing the
8    required guidelines, rules, and standards.
9        (4) All public safety telecommunicators and public
10    safety telecommunicator supervisors who were not required
11    to complete new hire training prior to handling emergency
12    calls, must either demonstrate proficiency or complete the
13    training established in subsection (a-5) of this Section
14    within one year of the Statewide 9-1-1 Administrator
15    establishing the required guidelines, rules, and
16    standards.
17        (5) Upon completion of the training required in either
18    paragraph (3) or (4) of this subsection (b), whichever is
19    applicable, all public safety telecommunicators and public
20    safety telecommunicator supervisors shall complete the
21    continuing education training regarding the delivery of
22    9-1-1 services and professionalism biennially.
23    (c) The Illinois State Police may adopt rules for the
24administration of this Section.
25(Source: P.A. 102-9, eff. 6-3-21; revised 7-16-21.)
 

 

 

HB0307 Enrolled- 37 -LRB102 11622 KTG 16956 b

1    Section 20. The State Police Act is amended by changing
2Section 17c as follows:
 
3    (20 ILCS 2610/17c)
4    Sec. 17c. Military equipment surplus program.
5    (a) For purposes of this Section:
6    "Bayonet" means a large knife designed to be attached to
7the muzzle of a rifle, shotgun, or long gun for the purpose of
8hand-to-hand combat.
9    "Grenade launcher" means a firearm or firearm accessory
10used to launch fragmentary explosive rounds designed to
11inflict death or cause great bodily harm.
12    "Military equipment surplus program" means any federal or
13State program allowing a law enforcement agency to obtain
14surplus military equipment, including, but not limited limit
15to, any program organized under Section 1122 of the National
16Defense Authorization Act for Fiscal Year 1994 (Pub. L.
17103-160) or Section 1033 of the National Defense Authorization
18Act for Fiscal Year 1997 (Pub. L. 104-201), or any program
19established under 10 U.S.C. 2576a.
20    "Tracked armored vehicle" means a vehicle that provides
21ballistic protection to its occupants and utilizes a tracked
22system instead of wheels for forward motion, not including
23vehicles listed in the Authorized Equipment List as published
24by the Federal Emergency Management Agency.
25    "Weaponized aircraft, vessel, or vehicle" means any

 

 

HB0307 Enrolled- 38 -LRB102 11622 KTG 16956 b

1aircraft, vessel, or vehicle with weapons installed.
2    (b) The Illinois State Police shall not request or receive
3from any military equipment surplus program nor purchase or
4otherwise utilize the following equipment:
5        (1) tracked armored vehicles;
6        (2) weaponized aircraft, vessels, or vehicles;
7        (3) firearms of .50-caliber or higher;
8        (4) ammunition of .50-caliber or higher;
9        (5) grenade launchers; or
10        (6) bayonets.
11    (c) If the Illinois State Police request other property
12not prohibited by this Section from a military equipment
13surplus program, the Illinois State Police shall publish
14notice of the request on a publicly accessible website
15maintained by the Illinois State Police within 14 days after
16the request.
17(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
18revised 7-30-21.)
 
19    Section 25. The Illinois Future of Work Act is amended by
20changing Section 15 as follows:
 
21    (20 ILCS 4103/15)
22    (Section scheduled to be repealed on January 1, 2024)
23    Sec. 15. Membership; meetings.
24    (a) The members of the Illinois Future of Work Task Force

 

 

HB0307 Enrolled- 39 -LRB102 11622 KTG 16956 b

1shall include and represent the diversity of the people of
2Illinois, and shall be composed of the following:
3        (1) four members, including one representative of the
4    business community and one representative of the labor
5    community, appointed by the Senate President, one of whom
6    shall serve as co-chair;
7        (2) four members, including one representative of the
8    business community and one representative of the labor
9    community, appointed by the Minority Leader of the Senate,
10    one of whom shall serve as co-chair;
11        (3) four members, including one representative of the
12    business community and one representative of the labor
13    community, appointed by the Speaker of the House of
14    Representatives, one of whom shall serve as co-chair;
15        (4) four members, including one representative of the
16    business community and one representative of the labor
17    community, appointed by the Minority Leader of the Speaker
18    of the House of Representatives, one of whom shall serve
19    as co-chair;
20        (5) four members, one from each of the following: the
21    business community, the labor community, the environmental
22    community, and the education community that advocate for
23    job growth, appointed by the Governor;
24        (6) three members appointed by the Governor whose
25    professional expertise is at the juncture of work and
26    workers' rights;

 

 

HB0307 Enrolled- 40 -LRB102 11622 KTG 16956 b

1        (7) the Director of Labor or his or her designee;
2        (8) the Director of Commerce and Economic Opportunity
3    or his or her designee;
4        (9) the Director of Employment Security or his or her
5    designee;
6        (10) the Superintendent of the State Board of
7    Education or his or her designee;
8        (11) the Executive Director of the Illinois Community
9    College Board or his or her designee; and
10        (12) the Executive Director of the Board of Higher
11    Education or his or her designee.
12    (b) Appointments for the Illinois Future of Work Task
13Force must be finalized by August 31, 2021. The Illinois
14Future of Work Task Force shall hold one meeting per month for
15a total of 7 meetings, and the first meeting must be held
16within 30 days after appointments are finalized.
17    (c) Members of the Illinois Future of Work Task Force
18shall serve without compensation.
19    (d) The Department of Commerce and Economic Opportunity
20shall provide administrative support to the Task Force.
21(Source: P.A. 102-407, eff. 8-19-21; revised 8-25-21.)
 
22    Section 27. The Racial Impact Note Act is amended by
23changing Section 110-5 as follows:
 
24    (25 ILCS 83/110-5)

 

 

HB0307 Enrolled- 41 -LRB102 11622 KTG 16956 b

1    Sec. 110-5. Racial impact note. (a) Every bill which has
2or could have a disparate impact on racial and ethnic
3minorities, upon the request of any member, shall have
4prepared for it, before second reading in the house of
5introduction, a brief explanatory statement or note that shall
6include a reliable estimate of the anticipated impact on those
7racial and ethnic minorities likely to be impacted by the
8bill. Each racial impact note must include, for racial and
9ethnic minorities for which data are available: (i) an
10estimate of how the proposed legislation would impact racial
11and ethnic minorities; (ii) a statement of the methodologies
12and assumptions used in preparing the estimate; (iii) an
13estimate of the racial and ethnic composition of the
14population who may be impacted by the proposed legislation,
15including those persons who may be negatively impacted and
16those persons who may benefit from the proposed legislation;
17and (iv) any other matter that a responding agency considers
18appropriate in relation to the racial and ethnic minorities
19likely to be affected by the bill.
20(Source: P.A. 102-4, eff. 4-27-21; revised 7-16-21.)
 
21    Section 30. The State Finance Act is amended by changing
22Section 8.25-4 as follows:
 
23    (30 ILCS 105/8.25-4)  (from Ch. 127, par. 144.25-4)
24    Sec. 8.25-4. All moneys in the Illinois Sports Facilities

 

 

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1Fund are allocated to and shall be transferred, appropriated,
2and used only for the purposes authorized by, and subject to,
3the limitations and conditions of this Section.
4    All moneys deposited pursuant to Section 13.1 of the State
5Revenue Sharing Act "An Act in relation to State revenue
6sharing with local governmental entities", as amended, and all
7moneys deposited with respect to the $5,000,000 deposit, but
8not the additional $8,000,000 advance applicable before July
91, 2001, or the Advance Amount applicable on and after that
10date, pursuant to Section 6 of the "The Hotel Operators'
11Occupation Tax Act", as amended, into the Illinois Sports
12Facilities Fund shall be credited to the Subsidy Account
13within the Fund. All moneys deposited with respect to the
14additional $8,000,000 advance applicable before July 1, 2001,
15or the Advance Amount applicable on and after that date, but
16not the $5,000,000 deposit, pursuant to Section 6 of the "The
17Hotel Operators' Occupation Tax Act", as amended, into the
18Illinois Sports Facilities Fund shall be credited to the
19Advance Account within the Fund. All moneys deposited from any
20transfer pursuant to Section 8g-1 of the State Finance Act
21shall be credited to the Advance Account within the Fund.
22    Beginning with fiscal year 1989 and continuing for each
23fiscal year thereafter through and including fiscal year 2001,
24no less than 30 days before the beginning of such fiscal year
25(except as soon as may be practicable after July 7, 1988 (the
26effective date of Public Act 85-1034) this amendatory Act of

 

 

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11988 with respect to fiscal year 1989) the Chairman of the
2Illinois Sports Facilities Authority shall certify to the
3State Comptroller and the State Treasurer, without taking into
4account any revenues or receipts of the Authority, the lesser
5of (a) $18,000,000 and (b) the sum of (i) the amount
6anticipated to be required by the Authority during the fiscal
7year to pay principal of and interest on, and other payments
8relating to, its obligations issued or to be issued under
9Section 13 of the Illinois Sports Facilities Authority Act,
10including any deposits required to reserve funds created under
11any indenture or resolution authorizing issuance of the
12obligations and payments to providers of credit enhancement,
13(ii) the amount anticipated to be required by the Authority
14during the fiscal year to pay obligations under the provisions
15of any management agreement with respect to a facility or
16facilities owned by the Authority or of any assistance
17agreement with respect to any facility for which financial
18assistance is provided under the Illinois Sports Facilities
19Authority Act, and to pay other capital and operating expenses
20of the Authority during the fiscal year, including any
21deposits required to reserve funds created for repair and
22replacement of capital assets and to meet the obligations of
23the Authority under any management agreement or assistance
24agreement, and (iii) any amounts under (i) and (ii) above
25remaining unpaid from previous years.
26    Beginning with fiscal year 2002 and continuing for each

 

 

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

 

 

HB0307 Enrolled- 45 -LRB102 11622 KTG 16956 b

1    A copy of any certification made by the Chairman under the
2preceding 2 paragraphs shall be filed with the Governor and
3the Mayor of the City of Chicago. The Chairman may file an
4amended certification from time to time.
5    Subject to sufficient appropriation by the General
6Assembly, beginning with July 1, 1988 and thereafter
7continuing on the first day of each month during each fiscal
8year through and including fiscal year 2001, the Comptroller
9shall order paid and the Treasurer shall pay to the Authority
10the amount in the Illinois Sports Facilities Fund until (x)
11the lesser of $10,000,000 or the amount appropriated for
12payment to the Authority from amounts credited to the Subsidy
13Account and (y) the lesser of $8,000,000 or the difference
14between the amount appropriated for payment to the Authority
15during the fiscal year and $10,000,000 has been paid from
16amounts credited to the Advance Account.
17    Subject to sufficient appropriation by the General
18Assembly, beginning with July 1, 2001, and thereafter
19continuing on the first day of each month during each fiscal
20year thereafter, the Comptroller shall order paid and the
21Treasurer shall pay to the Authority the amount in the
22Illinois Sports Facilities Fund until (x) the lesser of
23$10,000,000 or the amount appropriated for payment to the
24Authority from amounts credited to the Subsidy Account and (y)
25the lesser of the Advance Amount or the difference between the
26amount appropriated for payment to the Authority during the

 

 

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1fiscal year and $10,000,000 has been paid from amounts
2credited to the Advance Account.
3    Provided that all amounts deposited in the Illinois Sports
4Facilities Fund and credited to the Subsidy Account, to the
5extent requested pursuant to the Chairman's certification,
6have been paid, on June 30, 1989, and on June 30 of each year
7thereafter, all amounts remaining in the Subsidy Account of
8the Illinois Sports Facilities Fund shall be transferred by
9the State Treasurer one-half to the General Revenue Fund in
10the State Treasury and one-half to the City Tax Fund. Provided
11that all amounts appropriated from the Illinois Sports
12Facilities Fund, to the extent requested pursuant to the
13Chairman's certification, have been paid, on June 30, 1989,
14and on June 30 of each year thereafter, all amounts remaining
15in the Advance Account of the Illinois Sports Facilities Fund
16shall be transferred by the State Treasurer to the General
17Revenue Fund in the State Treasury.
18    For purposes of this Section, the term "Advance Amount"
19means, for fiscal year 2002, $22,179,000, and for subsequent
20fiscal years through fiscal year 2033, 105.615% of the Advance
21Amount for the immediately preceding fiscal year, rounded up
22to the nearest $1,000.
23(Source: P.A. 102-16, Article 2, Section 2-5, eff. 6-17-21;
24102-16, Article 6, Section 6-5, eff. 6-17-21; revised
257-17-21.)
 

 

 

HB0307 Enrolled- 47 -LRB102 11622 KTG 16956 b

1    Section 35. The Illinois Procurement Code is amended by
2changing Sections 35-30 and 50-85 as follows:
 
3    (30 ILCS 500/35-30)
4    (Text of Section before amendment by P.A. 101-657, Article
540, Section 40-125)
6    Sec. 35-30. Awards.
7    (a) All State contracts for professional and artistic
8services, except as provided in this Section, shall be awarded
9using the competitive request for proposal process outlined in
10this Section. The scoring for requests for proposals shall
11include the commitment to diversity factors and methodology
12described in subsection (e-5) of Section 20-15.
13    (b) For each contract offered, the chief procurement
14officer, State purchasing officer, or his or her designee
15shall use the appropriate standard solicitation forms
16available from the chief procurement officer for matters other
17than construction or the higher education chief procurement
18officer.
19    (c) Prepared forms shall be submitted to the chief
20procurement officer for matters other than construction or the
21higher education chief procurement officer, whichever is
22appropriate, for publication in its Illinois Procurement
23Bulletin and circulation to the chief procurement officer for
24matters other than construction or the higher education chief
25procurement officer's list of prequalified vendors. Notice of

 

 

HB0307 Enrolled- 48 -LRB102 11622 KTG 16956 b

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

 

 

HB0307 Enrolled- 49 -LRB102 11622 KTG 16956 b

1    (f) For all professional and artistic contracts with
2annualized value that exceeds $100,000, evaluation and ranking
3by price are required. Any chief procurement officer or State
4purchasing officer, but not their designees, may select a
5respondent other than the lowest respondent by price. In any
6case, when the contract exceeds the $100,000 threshold and the
7lowest respondent is not selected, the chief procurement
8officer or the State purchasing officer shall forward together
9with the contract notice of who the low respondent by price was
10and a written decision as to why another was selected to the
11chief procurement officer for matters other than construction
12or the higher education chief procurement officer, whichever
13is appropriate. The chief procurement officer for matters
14other than construction or higher education chief procurement
15officer shall publish as provided in subsection (e) of Section
1635-30, but shall include notice of the chief procurement
17officer's or State purchasing officer's written decision.
18    (g) The chief procurement officer for matters other than
19construction and higher education chief procurement officer
20may each refine, but not contradict, this Section by
21promulgating rules for submission to the Procurement Policy
22Board and then to the Joint Committee on Administrative Rules.
23Any refinement shall be based on the principles and procedures
24of the federal Architect-Engineer Selection Law, Public Law
2592-582 Brooks Act, and the Architectural, Engineering, and
26Land Surveying Qualifications Based Selection Act; except that

 

 

HB0307 Enrolled- 50 -LRB102 11622 KTG 16956 b

1pricing shall be an integral part of the selection process.
2(Source: P.A. 100-43, eff. 8-9-17; 101-657, Article 5, Section
35-5, eff. 7-1-21 (See Section 25 of P.A. 102-29 for effective
4date of P.A. 101-657, Article 5, Section 5-5).)
 
5    (Text of Section after amendment by P.A. 101-657, Article
640, Section 40-125)
7    Sec. 35-30. Awards.
8    (a) All State contracts for professional and artistic
9services, except as provided in this Section, shall be awarded
10using the competitive request for proposal process outlined in
11this Section. The scoring for requests for proposals shall
12include the commitment to diversity factors and methodology
13described in subsection (e-5) of Section 20-15.
14    (b) For each contract offered, the chief procurement
15officer, State purchasing officer, or his or her designee
16shall use the appropriate standard solicitation forms
17available from the chief procurement officer for matters other
18than construction or the higher education chief procurement
19officer.
20    (c) Prepared forms shall be submitted to the chief
21procurement officer for matters other than construction or the
22higher education chief procurement officer, whichever is
23appropriate, for publication in its Illinois Procurement
24Bulletin and circulation to the chief procurement officer for
25matters other than construction or the higher education chief

 

 

HB0307 Enrolled- 51 -LRB102 11622 KTG 16956 b

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

 

 

HB0307 Enrolled- 52 -LRB102 11622 KTG 16956 b

1Illinois Procurement Bulletin.
2    (f) For all professional and artistic contracts with
3annualized value that exceeds $100,000, evaluation and ranking
4by price are required. Any chief procurement officer or State
5purchasing officer, but not their designees, may select a
6respondent other than the lowest respondent by price. In any
7case, when the contract exceeds the $100,000 threshold and the
8lowest respondent is not selected, the chief procurement
9officer or the State purchasing officer shall forward together
10with the contract notice of who the low respondent by price was
11and a written decision as to why another was selected to the
12chief procurement officer for matters other than construction
13or the higher education chief procurement officer, whichever
14is appropriate. The chief procurement officer for matters
15other than construction or higher education chief procurement
16officer shall publish as provided in subsection (e) of Section
1735-30, but shall include notice of the chief procurement
18officer's or State purchasing officer's written decision.
19    (g) The chief procurement officer for matters other than
20construction and higher education chief procurement officer
21may each refine, but not contradict, this Section by
22promulgating rules for submission to the Procurement Policy
23Board and the Commission on Equity and Inclusion and then to
24the Joint Committee on Administrative Rules. Any refinement
25shall be based on the principles and procedures of the federal
26Architect-Engineer Selection Law, Public Law 92-582 Brooks

 

 

HB0307 Enrolled- 53 -LRB102 11622 KTG 16956 b

1Act, and the Architectural, Engineering, and Land Surveying
2Qualifications Based Selection Act; except that pricing shall
3be an integral part of the selection process.
4(Source: P.A. 100-43, eff. 8-9-17; 101-657, Article 5, Section
55-5, eff. 7-1-21 (See Section 25 of P.A. 102-29 for effective
6date of P.A. 101-657, Article 5, Section 5-5); 101-657,
7Article 40, Section 40-125, eff. 1-1-22; revised 7-13-21.)
 
8    (30 ILCS 500/50-85)
9    Sec. 50-85. Diversity training. (a) Each chief procurement
10officer, State purchasing officer, procurement compliance
11monitor, applicable support staff of each chief procurement
12officer, State agency purchasing and contracting staff, those
13identified under subsection (c) of Section 5-45 of the State
14Officials and Employees Ethics Act who have the authority to
15participate personally and substantially in the award of State
16contracts, and any other State agency staff with substantial
17procurement and contracting responsibilities as determined by
18the chief procurement officer, in consultation with the State
19agency, shall complete annual training for diversity and
20inclusion. Each chief procurement officer shall prescribe the
21program of diversity and inclusion training appropriate for
22each chief procurement officer's jurisdiction.
23(Source: P.A. 101-657, eff. 7-1-21 (See Section 25 of P.A.
24102-29 for effective date of P.A. 101-657, Article 5, Section
255-5); revised 7-23-21.)
 

 

 

HB0307 Enrolled- 54 -LRB102 11622 KTG 16956 b

1    Section 40. The Commission on Equity and Inclusion Act is
2amended by changing Section 40-1 as follows:
 
3    (30 ILCS 574/40-1)
4    (This Section may contain text from a Public Act with a
5delayed effective date)
6    Sec. 40-1. Short title. This Article Act may be cited as
7the Commission on Equity and Inclusion Act. References in this
8Article to "this Act" mean this Article.
9(Source: P.A. 101-657, eff. 1-1-22; revised 7-16-21.)
 
10    Section 45. The Illinois Income Tax Act is amended by
11changing Sections 211 and 905 as follows:
 
12    (35 ILCS 5/211)
13    Sec. 211. Economic Development for a Growing Economy Tax
14Credit. For tax years beginning on or after January 1, 1999, a
15Taxpayer who has entered into an Agreement (including a New
16Construction EDGE Agreement) under the Economic Development
17for a Growing Economy Tax Credit Act is entitled to a credit
18against the taxes imposed under subsections (a) and (b) of
19Section 201 of this Act in an amount to be determined in the
20Agreement. If the Taxpayer is a partnership or Subchapter S
21corporation, the credit shall be allowed to the partners or
22shareholders in accordance with the determination of income

 

 

HB0307 Enrolled- 55 -LRB102 11622 KTG 16956 b

1and distributive share of income under Sections 702 and 704
2and subchapter S of the Internal Revenue Code. The Department,
3in cooperation with the Department of Commerce and Economic
4Opportunity, shall prescribe rules to enforce and administer
5the provisions of this Section. This Section is exempt from
6the provisions of Section 250 of this Act.
7    The credit shall be subject to the conditions set forth in
8the Agreement and the following limitations:
9        (1) The tax credit shall not exceed the Incremental
10    Income Tax (as defined in Section 5-5 of the Economic
11    Development for a Growing Economy Tax Credit Act) with
12    respect to the project; additionally, the New Construction
13    EDGE Credit shall not exceed the New Construction EDGE
14    Incremental Income Tax (as defined in Section 5-5 of the
15    Economic Development for a Growing Economy Tax Credit
16    Act).
17        (2) The amount of the credit allowed during the tax
18    year plus the sum of all amounts allowed in prior years
19    shall not exceed 100% of the aggregate amount expended by
20    the Taxpayer during all prior tax years on approved costs
21    defined by Agreement.
22        (3) The amount of the credit shall be determined on an
23    annual basis. Except as applied in a carryover year
24    pursuant to Section 211(4) of this Act, the credit may not
25    be applied against any State income tax liability in more
26    than 10 taxable years; provided, however, that (i) an

 

 

HB0307 Enrolled- 56 -LRB102 11622 KTG 16956 b

1    eligible business certified by the Department of Commerce
2    and Economic Opportunity under the Corporate Headquarters
3    Relocation Act may not apply the credit against any of its
4    State income tax liability in more than 15 taxable years
5    and (ii) credits allowed to that eligible business are
6    subject to the conditions and requirements set forth in
7    Sections 5-35 and 5-45 of the Economic Development for a
8    Growing Economy Tax Credit Act and Section 5-51 as
9    applicable to New Construction EDGE Credits.
10        (4) The credit may not exceed the amount of taxes
11    imposed pursuant to subsections (a) and (b) of Section 201
12    of this Act. Any credit that is unused in the year the
13    credit is computed may be carried forward and applied to
14    the tax liability of the 5 taxable years following the
15    excess credit year, except as otherwise provided under
16    paragraph (4.5) of this Section. The credit shall be
17    applied to the earliest year for which there is a tax
18    liability. If there are credits from more than one tax
19    year that are available to offset a liability, the earlier
20    credit shall be applied first.
21        (4.5) The Department of Commerce and Economic
22    Opportunity, in consultation with the Department of
23    Revenue, shall adopt rules to extend the sunset of any
24    earned, existing, or unused credit as provided for in
25    Section 605-1055 of the Department of Commerce and
26    Economic Opportunity Law of the Civil Administrative Code

 

 

HB0307 Enrolled- 57 -LRB102 11622 KTG 16956 b

1    of Illinois.
2        (5) No credit shall be allowed with respect to any
3    Agreement for any taxable year ending after the
4    Noncompliance Date. Upon receiving notification by the
5    Department of Commerce and Economic Opportunity of the
6    noncompliance of a Taxpayer with an Agreement, the
7    Department shall notify the Taxpayer that no credit is
8    allowed with respect to that Agreement for any taxable
9    year ending after the Noncompliance Date, as stated in
10    such notification. If any credit has been allowed with
11    respect to an Agreement for a taxable year ending after
12    the Noncompliance Date for that Agreement, any refund paid
13    to the Taxpayer for that taxable year shall, to the extent
14    of that credit allowed, be an erroneous refund within the
15    meaning of Section 912 of this Act.
16        If, during any taxable year, a taxpayer ceases
17    operations at a project location that is the subject of
18    that Agreement with the intent to terminate operations in
19    the State, the tax imposed under subsections (a) and (b)
20    of Section 201 of this Act for such taxable year shall be
21    increased by the amount of any credit allowed under the
22    Agreement for that project location prior to the date the
23    taxpayer ceases operations.
24        (6) For purposes of this Section, the terms
25    "Agreement", "Incremental Income Tax", "New Construction
26    EDGE Agreement", "New Construction EDGE Credit", "New

 

 

HB0307 Enrolled- 58 -LRB102 11622 KTG 16956 b

1    Construction EDGE Incremental Income Tax", and
2    "Noncompliance Date" have the same meaning as when used in
3    the Economic Development for a Growing Economy Tax Credit
4    Act.
5(Source: P.A. 101-9, eff. 6-5-19; 102-16, eff. 6-17-21;
6102-40, eff. 6-25-21; revised 7-15-21.)
 
7    (35 ILCS 5/905)  (from Ch. 120, par. 9-905)
8    Sec. 905. Limitations on notices of deficiency.
9    (a) In general. Except as otherwise provided in this Act:
10        (1) A notice of deficiency shall be issued not later
11    than 3 years after the date the return was filed, and
12        (2) No deficiency shall be assessed or collected with
13    respect to the year for which the return was filed unless
14    such notice is issued within such period.
15    (a-5) Notwithstanding any other provision of this Act to
16the contrary, for any taxable year included in a claim for
17credit or refund for which the statute of limitations for
18issuing a notice of deficiency under this Act will expire less
19than 6 months after the date a taxpayer files the claim for
20credit or refund, the statute of limitations is automatically
21extended for 6 months from the date it would have otherwise
22expired.
23    (b) Substantial omission of items.
24        (1) Omission of more than 25% of income. If the
25    taxpayer omits from base income an amount properly

 

 

HB0307 Enrolled- 59 -LRB102 11622 KTG 16956 b

1    includible therein which is in excess of 25% of the amount
2    of base income stated in the return, a notice of
3    deficiency may be issued not later than 6 years after the
4    return was filed. For purposes of this paragraph, there
5    shall not be taken into account any amount which is
6    omitted in the return if such amount is disclosed in the
7    return, or in a statement attached to the return, in a
8    manner adequate to apprise the Department of the nature
9    and the amount of such item.
10        (2) Reportable transactions. If a taxpayer fails to
11    include on any return or statement for any taxable year
12    any information with respect to a reportable transaction,
13    as required under Section 501(b) of this Act, a notice of
14    deficiency may be issued not later than 6 years after the
15    return is filed with respect to the taxable year in which
16    the taxpayer participated in the reportable transaction
17    and said deficiency is limited to the non-disclosed item.
18        (3) Withholding. If an employer omits from a return
19    required under Section 704A of this Act for any period
20    beginning on or after January 1, 2013, an amount required
21    to be withheld and to be reported on that return which is
22    in excess of 25% of the total amount of withholding
23    required to be reported on that return, a notice of
24    deficiency may be issued not later than 6 years after the
25    return was filed.
26    (c) No return or fraudulent return. If no return is filed

 

 

HB0307 Enrolled- 60 -LRB102 11622 KTG 16956 b

1or a false and fraudulent return is filed with intent to evade
2the tax imposed by this Act, a notice of deficiency may be
3issued at any time. For purposes of this subsection (c), any
4taxpayer who is required to join in the filing of a return
5filed under the provisions of subsection (e) of Section 502 of
6this Act for a taxable year ending on or after December 31,
72013 and who is not included on that return and does not file
8its own return for that taxable year shall be deemed to have
9failed to file a return; provided that the amount of any
10proposed assessment set forth in a notice of deficiency issued
11under this subsection (c) shall be limited to the amount of any
12increase in liability under this Act that should have reported
13on the return required under the provisions of subsection (e)
14of Section 502 of this Act for that taxable year resulting from
15proper inclusion of that taxpayer on that return.
16    (d) Failure to report federal change. If a taxpayer fails
17to notify the Department in any case where notification is
18required by Section 304(c) or 506(b), or fails to report a
19change or correction which is treated in the same manner as if
20it were a deficiency for federal income tax purposes, a notice
21of deficiency may be issued (i) at any time or (ii) on or after
22August 13, 1999, at any time for the taxable year for which the
23notification is required or for any taxable year to which the
24taxpayer may carry an Article 2 credit, or a Section 207 loss,
25earned, incurred, or used in the year for which the
26notification is required; provided, however, that the amount

 

 

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

 

 

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

 

 

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1liability under this Act. The period so agreed upon may be
2extended by subsequent agreements in writing made before the
3expiration of the period previously agreed upon.
4    (g) Erroneous refunds. In any case in which there has been
5an erroneous refund of tax payable under this Act, a notice of
6deficiency may be issued at any time within 2 years from the
7making of such refund, or within 5 years from the making of
8such refund if it appears that any part of the refund was
9induced by fraud or the misrepresentation of a material fact,
10provided, however, that the amount of any proposed assessment
11set forth in such notice shall be limited to the amount of such
12erroneous refund.
13    Beginning July 1, 1993, in any case in which there has been
14a refund of tax payable under this Act attributable to a net
15loss carryback as provided for in Section 207, and that refund
16is subsequently determined to be an erroneous refund due to a
17reduction in the amount of the net loss which was originally
18carried back, a notice of deficiency for the erroneous refund
19amount may be issued at any time during the same time period in
20which a notice of deficiency can be issued on the loss year
21creating the carryback amount and subsequent erroneous refund.
22The amount of any proposed assessment set forth in the notice
23shall be limited to the amount of such erroneous refund.
24    (h) Time return deemed filed. For purposes of this Section
25a tax return filed before the last day prescribed by law
26(including any extension thereof) shall be deemed to have been

 

 

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1filed on such last day.
2    (i) Request for prompt determination of liability. For
3purposes of subsection (a)(1), in the case of a tax return
4required under this Act in respect of a decedent, or by his
5estate during the period of administration, or by a
6corporation, the period referred to in such Subsection shall
7be 18 months after a written request for prompt determination
8of liability is filed with the Department (at such time and in
9such form and manner as the Department shall by regulations
10prescribe) by the executor, administrator, or other fiduciary
11representing the estate of such decedent, or by such
12corporation, but not more than 3 years after the date the
13return was filed. This subsection shall not apply in the case
14of a corporation unless:
15        (1) (A) such written request notifies the Department
16    that the corporation contemplates dissolution at or before
17    the expiration of such 18-month period, (B) the
18    dissolution is begun in good faith before the expiration
19    of such 18-month period, and (C) the dissolution is
20    completed;
21        (2) (A) such written request notifies the Department
22    that a dissolution has in good faith been begun, and (B)
23    the dissolution is completed; or
24        (3) a dissolution has been completed at the time such
25    written request is made.
26    (j) Withholding tax. In the case of returns required under

 

 

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1Article 7 of this Act (with respect to any amounts withheld as
2tax or any amounts required to have been withheld as tax) a
3notice of deficiency shall be issued not later than 3 years
4after the 15th day of the 4th month following the close of the
5calendar year in which such withholding was required.
6    (k) Penalties for failure to make information reports. A
7notice of deficiency for the penalties provided by Subsection
81405.1(c) of this Act may not be issued more than 3 years after
9the due date of the reports with respect to which the penalties
10are asserted.
11    (l) Penalty for failure to file withholding returns. A
12notice of deficiency for penalties provided by Section 1004 of
13this Act for the taxpayer's failure to file withholding
14returns may not be issued more than three years after the 15th
15day of the 4th month following the close of the calendar year
16in which the withholding giving rise to the taxpayer's
17obligation to file those returns occurred.
18    (m) Transferee liability. A notice of deficiency may be
19issued to a transferee relative to a liability asserted under
20Section 1405 during time periods defined as follows:
21        (1) 1) Initial Transferee. In the case of the
22    liability of an initial transferee, up to 2 years after
23    the expiration of the period of limitation for assessment
24    against the transferor, except that if a court proceeding
25    for review of the assessment against the transferor has
26    begun, then up to 2 years after the return of the certified

 

 

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1    copy of the judgment in the court proceeding.
2        (2) 2) Transferee of Transferee. In the case of the
3    liability of a transferee, up to 2 years after the
4    expiration of the period of limitation for assessment
5    against the preceding transferee, but not more than 3
6    years after the expiration of the period of limitation for
7    assessment against the initial transferor; except that if,
8    before the expiration of the period of limitation for the
9    assessment of the liability of the transferee, a court
10    proceeding for the collection of the tax or liability in
11    respect thereof has been begun against the initial
12    transferor or the last preceding transferee, as the case
13    may be, then the period of limitation for assessment of
14    the liability of the transferee shall expire 2 years after
15    the return of the certified copy of the judgment in the
16    court proceeding.
17    (n) Notice of decrease in net loss. On and after August 23,
182002, no notice of deficiency shall be issued as the result of
19a decrease determined by the Department in the net loss
20incurred by a taxpayer in any taxable year ending prior to
21December 31, 2002 under Section 207 of this Act unless the
22Department has notified the taxpayer of the proposed decrease
23within 3 years after the return reporting the loss was filed or
24within one year after an amended return reporting an increase
25in the loss was filed, provided that in the case of an amended
26return, a decrease proposed by the Department more than 3

 

 

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1years after the original return was filed may not exceed the
2increase claimed by the taxpayer on the original return.
3(Source: P.A. 102-40, eff. 6-25-21; revised 8-3-21.)
 
4    Section 50. The Local Government Revenue Recapture Act is
5amended by changing Sections 5-20 and 10-30 as follows:
 
6    (50 ILCS 355/5-20)
7    Sec. 5-20. Retention, collection, disclosure, and
8destruction of financial information.
9    (a) A third party in possession of a taxpayer's financial
10information must permanently destroy that financial
11information pursuant to this Act. The financial information
12shall be destroyed upon the soonest of the following to occur:
13        (1) if the taxpayer is not referred to the Department,
14    within 30 days after receipt of the taxpayer's financial
15    information from either the municipality or county, unless
16    the third party is monitoring disbursements from the
17    Department on an ongoing basis for a municipality or
18    county, in which case, the financial information shall be
19    destroyed no later than 3 years after receipt; or
20        (2) within 30 days after the Department receives a
21    taxpayer audit referral from a third party referring the
22    taxpayer to the Department for additional review.
23    (b) No third party in possession of financial information
24may sell, lease, trade, market, or otherwise utilize or profit

 

 

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1from a taxpayer's financial information. The municipality or
2county may, however, negotiate a fee with the third party. The
3fee may be in the form of a contingency fee for a percentage of
4the amount of additional distributions the municipality or
5county receives for no more than 3 years following the first
6disbursement to the municipality or county as a result of the
7services of the third party under this Act.
8    (c) No third party may permanently or temporarily collect,
9capture, purchase, use, receive through trade, or otherwise
10retain a taxpayer's financial information beyond the scope of
11subsection (a) of this Section.
12    (d) No third party in possession of confidential
13information may disclose, redisclose, share, or otherwise
14disseminate a taxpayer's financial information.
15    (e) A third party must dispose of the materials containing
16financial information in a manner that renders the financial
17information unreadable, unusable, and undecipherable. Proper
18disposal methods include, but are not limited to, the
19following:
20        (1) in the case of paper documents, burning,
21    pulverizing, or shredding so that the information cannot
22    practicably be read or reconstructed; and
23        (2) in the case of electronic media and other
24    non-paper media containing information, destroying or
25    erasing so that information cannot practicably be read,
26    reconstructed, or otherwise utilized by the third party or

 

 

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1    others.
2(Source: P.A. 101-628, eff. 6-1-20; 102-40, eff. 6-25-21;
3revised 8-3-21.)
 
4    (50 ILCS 355/10-30)
5    Sec. 10-30. Local government revenue recapture audit
6referral.
7    (a) A third party shall not refer a taxpayer to the
8Department for audit consideration unless the third party is
9registered with the Department pursuant to Section 5-35.
10    (b) If, based on a review of the financial information
11provided by the Department to a municipality or county, or
12provided by a municipality or county to a registered third
13party, the municipality or county discovers that a taxpayer
14may have underpaid local retailers' or service occupation
15taxes, then it may refer the matter to the Department for audit
16consideration. The tax compliance referral may be made only by
17the municipality, county, or third party and shall be made in
18the form and manner required by the Department, including any
19requirement that the referral be submitted electronically. The
20tax compliance referral shall, at a minimum, include proof of
21registration as a third party, a copy of a contract between the
22third party and the county or municipality, the taxpayer's
23name, Department account identification number, mailing
24address, and business location, and the specific reason for
25the tax compliance referral, including as much detail as

 

 

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1possible.
2    (c) The Department shall complete its evaluation of all
3audit referrals under this Act within 90 days after receipt of
4the referral and shall handle all audit referrals as follows:
5        (1) the Department shall evaluate the referral to
6    determine whether it is sufficient to warrant further
7    action based on the information provided in the referral,
8    any other information the Department possesses, and audit
9    selection procedures of the Department;
10        (2) if the Department determines that the referral is
11    not actionable, then the Department shall notify the local
12    government that it has evaluated the referral and has
13    determined that no action is deemed necessary and provide
14    the local government with an explanation for that
15    decision, including, but not limited to, an explanation
16    that (i) the Department has previously conducted an audit;
17    (ii) the Department is in the process of conducting an
18    investigation or other examination of the taxpayer's
19    records; (iii) the taxpayer has already been referred to
20    the Department and the Department determined an audit
21    referral is not actionable; (iv) the Department or a
22    qualified practitioner has previously conducted an audit
23    after referral under this Section 10-30; or (v) for just
24    cause;
25        (3) if the Department determines that the referral is
26    actionable, then it shall determine whether the taxpayer

 

 

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1    is currently under audit or scheduled for audit by the
2    Department;
3            (A) if the taxpayer is not currently under audit
4        by the Department or scheduled for audit by the
5        Department, the Department shall determine whether it
6        will schedule the taxpayer for audit; and
7            (B) if the taxpayer is not under audit by the
8        Department and the Department decides under
9        subparagraph (A) not to schedule the taxpayer for
10        audit by the Department, then the Department shall
11        notify the taxpayer that the Department has received
12        an actionable audit referral on the taxpayer and issue
13        a notice to the taxpayer as provided under subsection
14        (d) of this Section.
15    (d) The notice to the taxpayer required by subparagraph
16(B) of paragraph (3) of subsection (c) shall include, but not
17be limited to, the following:
18        (1) that the taxpayer must either: (A) engage a
19    qualified practitioner, at the taxpayer's expense, to
20    complete a certified audit, limited in scope to the
21    taxpayer's Retailers' Occupation Tax, Use Tax, Service
22    Occupation Tax, or Service Use Tax liability, and the
23    taxpayer's liability for any local retailers' or service
24    occupation tax administered by the Department; or (B) be
25    subject to audit by the Department;
26        (2) that, as an incentive, for taxpayers who agree to

 

 

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1    the limited-scope certified audit, the Department shall
2    abate penalties as provided in Section 10-20; and
3        (3) A statement that reads: "[INSERT THE NAME OF THE
4    ELECTED CHIEF EXECUTIVE OF THE CORPORATE AUTHORITY] has
5    contracted with [INSERT THIRD PARTY] to review your
6    Retailers' Occupation Tax, Use Tax, Service Occupation
7    Tax, Service Use Tax, and any local retailers' or service
8    occupation taxes reported to the Illinois Department of
9    Revenue ("Department"). [INSERT THE NAME OF THE ELECTED
10    CHIEF EXECUTIVE OF THE CORPORATE AUTHORITY] and [INSERT
11    THE THIRD PARTY] have selected and referred your business
12    to the Department for a certified audit of your Retailers'
13    Occupation Tax, Use Tax, Service Occupation Tax, Service
14    Use Tax, and any local retailers' or service occupation
15    taxes reported to the Department pursuant to the Local
16    Government Revenue Recapture Act. The purpose of the audit
17    is to verify that your business reported and submitted the
18    proper Retailers' Occupation Tax, Use Tax, Service
19    Occupation Tax, Service Use Tax, and any local retailers'
20    or service occupation taxes administered by the
21    Department. The Department is required to disclose your
22    confidential financial information to [INSERT THE NAME OF
23    THE ELECTED CHIEF EXECUTIVE OF THE CORPORATE AUTHORITY]
24    and [INSERT THE THIRD PARTY]. Additional information can
25    be accessed from the Department's website and publications
26    for a basic overview of your rights as a Taxpayer. If you

 

 

HB0307 Enrolled- 73 -LRB102 11622 KTG 16956 b

1    have questions regarding your business's referral to the
2    Department for audit, please contact [CORPORATE
3    AUTHORITY'S] mayor, village president, or any other person
4    serving as [CORPORATE AUTHORITY'S] chief executive officer
5    or chief financial officer. [INSERT THIRD PARTY] is
6    prohibited from discussing this matter with you directly
7    or indirectly in any manner regardless of who initiates
8    the contact. If [INSERT THIRD PARTY] contacts you, please
9    contact the Department.".
10    (e) Within 90 days after notice by the Department, the
11taxpayer must respond by stating in writing whether it will or
12will not arrange for the performance of a certified audit
13under this Act. If the taxpayer states that it will arrange for
14the performance of a certified audit, then it must do so within
1560 days after responding to the Department or within 90 days
16after notice by the Department, whichever comes first. If the
17taxpayer states that it will not arrange for the performance
18of a certified audit or if the taxpayer does not arrange for
19the performance of a certified audit within 180 days after
20notice by the Department, then the Department may schedule the
21taxpayer for audit by the Department.
22    (f) The certified audit must not be a contingent-fee
23engagement and must be completed in accordance with this
24Article 10.
25(Source: P.A. 101-628, eff. 6-1-20; 102-40, eff. 6-25-21;
26revised 8-3-21.)
 

 

 

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1    Section 55. The Illinois Police Training Act is amended by
2changing Section 6 as follows:
 
3    (50 ILCS 705/6)  (from Ch. 85, par. 506)
4    (Text of Section before amendment by P.A. 101-652)
5    Sec. 6. Powers and duties of the Board; selection and
6certification of schools. The Board shall select and certify
7schools within the State of Illinois for the purpose of
8providing basic training for probationary police officers,
9probationary county corrections officers, and court security
10officers and of providing advanced or in-service training for
11permanent police officers or permanent county corrections
12officers, which schools may be either publicly or privately
13owned and operated. In addition, the Board has the following
14power and duties:
15        a. To require local governmental units to furnish such
16    reports and information as the Board deems necessary to
17    fully implement this Act.
18        b. To establish appropriate mandatory minimum
19    standards relating to the training of probationary local
20    law enforcement officers or probationary county
21    corrections officers, and in-service training of permanent
22    police officers.
23        c. To provide appropriate certification to those
24    probationary officers who successfully complete the

 

 

HB0307 Enrolled- 75 -LRB102 11622 KTG 16956 b

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, or entered a plea of guilty to, a felony
8    offense, any of the misdemeanors in Sections 11-1.50,
9    11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
10    17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7
11    of the Criminal Code of 1961 or the Criminal Code of 2012,
12    subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
13    Criminal Code of 1961 or the Criminal Code of 2012, or
14    subsection (a) of Section 17-32 of the Criminal Code of
15    1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
16    the Cannabis Control Act, or a crime involving moral
17    turpitude under the laws of this State or any other state
18    which if committed in this State would be punishable as a
19    felony or a crime of moral turpitude. The Board may
20    appoint investigators who shall enforce the duties
21    conferred upon the Board by this Act.
22(Source: P.A. 101-187, eff. 1-1-20.)
 
23    (Text of Section after amendment by P.A. 101-652, Article
2410, Section 10-143 but before amendment by P.A. 101-652,
25Article 25, Section 25-40)

 

 

HB0307 Enrolled- 76 -LRB102 11622 KTG 16956 b

1    Sec. 6. Powers and duties of the Board; selection and
2certification of schools. The Board shall select and certify
3schools within the State of Illinois for the purpose of
4providing basic training for probationary police officers,
5probationary county corrections officers, and court security
6officers and of providing advanced or in-service training for
7permanent police officers or permanent county corrections
8officers, which schools may be either publicly or privately
9owned and operated. In addition, the Board has the following
10power and duties:
11        a. To require local governmental units to furnish such
12    reports and information as the Board deems necessary to
13    fully implement this Act.
14        b. To establish appropriate mandatory minimum
15    standards relating to the training of probationary local
16    law enforcement officers or probationary county
17    corrections officers, and in-service training of permanent
18    police officers.
19        c. To provide appropriate certification to those
20    probationary officers who successfully complete the
21    prescribed minimum standard basic training course.
22        d. To review and approve annual training curriculum
23    for county sheriffs.
24        e. To review and approve applicants to ensure that no
25    applicant is admitted to a certified academy unless the
26    applicant is a person of good character and has not been

 

 

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1    convicted of, or entered a plea of guilty to, a felony
2    offense, any of the misdemeanors in Sections 11-1.50,
3    11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
4    17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7
5    of the Criminal Code of 1961 or the Criminal Code of 2012,
6    subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
7    Criminal Code of 1961 or the Criminal Code of 2012, or
8    subsection (a) of Section 17-32 of the Criminal Code of
9    1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
10    the Cannabis Control Act, or a crime involving moral
11    turpitude under the laws of this State or any other state
12    which if committed in this State would be punishable as a
13    felony or a crime of moral turpitude. The Board may
14    appoint investigators who shall enforce the duties
15    conferred upon the Board by this Act.
16        f. To establish statewide standards for minimum
17    standards regarding regular mental health screenings for
18    probationary and permanent police officers, ensuring that
19    counseling sessions and screenings remain confidential.
20(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,
21Section 10-143, eff. 7-1-21.)
 
22    (Text of Section after amendment by P.A. 101-652, Article
2325, Section 25-40)
24    Sec. 6. Powers and duties of the Board; selection and
25certification of schools. The Board shall select and certify

 

 

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1schools within the State of Illinois for the purpose of
2providing basic training for probationary law enforcement
3officers, probationary county corrections officers, and court
4security officers and of providing advanced or in-service
5training for permanent law enforcement officers or permanent
6county corrections officers, which schools may be either
7publicly or privately owned and operated. In addition, the
8Board has the following power and duties:
9        a. To require local governmental units, to furnish
10    such reports and information as the Board deems necessary
11    to fully implement this Act.
12        b. To establish appropriate mandatory minimum
13    standards relating to the training of probationary local
14    law enforcement officers or probationary county
15    corrections officers, and in-service training of permanent
16    law enforcement officers.
17        c. To provide appropriate certification to those
18    probationary officers who successfully complete the
19    prescribed minimum standard basic training course.
20        d. To review and approve annual training curriculum
21    for county sheriffs.
22        e. To review and approve applicants to ensure that no
23    applicant is admitted to a certified academy unless the
24    applicant is a person of good character and has not been
25    convicted of, found guilty of, or entered a plea of guilty
26    to, or entered a plea of nolo contendere to a felony

 

 

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1    offense, any of the misdemeanors in Sections 11-1.50,
2    11-6, 11-6.5, 11-6.6, 11-9.1, 11-14, 11-14.1, 11-30, 12-2,
3    12-3.2, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3,
4    28-3, 29-1, any misdemeanor in violation of any Section of
5    Part E of Title III of the Criminal Code of 1961 or the
6    Criminal Code of 2012, or subsection (a) of Section 17-32
7    of the Criminal Code of 1961 or the Criminal Code of 2012,
8    or Section 5 or 5.2 of the Cannabis Control Act, or a crime
9    involving moral turpitude under the laws of this State or
10    any other state which if committed in this State would be
11    punishable as a felony or a crime of moral turpitude, or
12    any felony or misdemeanor in violation of federal law or
13    the law of any state that is the equivalent of any of the
14    offenses specified therein. The Board may appoint
15    investigators who shall enforce the duties conferred upon
16    the Board by this Act.
17        For purposes of this paragraph e, a person is
18    considered to have been convicted of, found guilty of, or
19    entered a plea of guilty to, plea of nolo contendere to
20    regardless of whether the adjudication of guilt or
21    sentence is withheld or not entered thereon. This includes
22    sentences of supervision, conditional discharge, or first
23    offender probation, or any similar disposition provided
24    for by law.
25        f. To establish statewide standards for minimum
26    standards regarding regular mental health screenings for

 

 

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1    probationary and permanent police officers, ensuring that
2    counseling sessions and screenings remain confidential.
3        f. For purposes of this paragraph (e), a person is
4    considered to have been "convicted of, found guilty of, or
5    entered a plea of guilty to, plea of nolo contendere to"
6    regardless of whether the adjudication of guilt or
7    sentence is withheld or not entered thereon. This includes
8    sentences of supervision, conditional discharge, or first
9    offender probation, or any similar disposition provided
10    for by law.
11        g. To review and ensure all law enforcement officers
12    remain in compliance with this Act, and any administrative
13    rules adopted under this Act.
14        h. To suspend any certificate for a definite period,
15    limit or restrict any certificate, or revoke any
16    certificate.
17        i. The Board and the Panel shall have power to secure
18    by its subpoena and bring before it any person or entity in
19    this State and to take testimony either orally or by
20    deposition or both with the same fees and mileage and in
21    the same manner as prescribed by law in judicial
22    proceedings in civil cases in circuit courts of this
23    State. The Board and the Panel shall also have the power to
24    subpoena the production of documents, papers, files,
25    books, documents, and records, whether in physical or
26    electronic form, in support of the charges and for

 

 

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1    defense, and in connection with a hearing or
2    investigation.
3        j. The Executive Director, the administrative law
4    judge designated by the Executive Director, and each
5    member of the Board and the Panel shall have the power to
6    administer oaths to witnesses at any hearing that the
7    Board is authorized to conduct under this Act and any
8    other oaths required or authorized to be administered by
9    the Board under this Act.
10        k. In case of the neglect or refusal of any person to
11    obey a subpoena issued by the Board and the Panel, any
12    circuit court, upon application of the Board and the
13    Panel, through the Illinois Attorney General, may order
14    such person to appear before the Board and the Panel give
15    testimony or produce evidence, and any failure to obey
16    such order is punishable by the court as a contempt
17    thereof. This order may be served by personal delivery, by
18    email, or by mail to the address of record or email address
19    of record.
20        l. The Board shall have the power to administer state
21    certification examinations. Any and all records related to
22    these examinations, including, but not limited to, test
23    questions, test formats, digital files, answer responses,
24    answer keys, and scoring information shall be exempt from
25    disclosure.
26(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,

 

 

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1Section 10-143, eff. 7-1-21; 101-652, Article 25, Section
225-40, eff. 1-1-22; revised 4-26-21.)
 
3    Section 60. The Law Enforcement Officer-Worn Body Camera
4Act is amended by changing Section 10-20 as follows:
 
5    (50 ILCS 706/10-20)
6    Sec. 10-20. Requirements.
7    (a) The Board shall develop basic guidelines for the use
8of officer-worn body cameras by law enforcement agencies. The
9guidelines developed by the Board shall be the basis for the
10written policy which must be adopted by each law enforcement
11agency which employs the use of officer-worn body cameras. The
12written policy adopted by the law enforcement agency must
13include, at a minimum, all of the following:
14        (1) Cameras must be equipped with pre-event recording,
15    capable of recording at least the 30 seconds prior to
16    camera activation, unless the officer-worn body camera was
17    purchased and acquired by the law enforcement agency prior
18    to July 1, 2015.
19        (2) Cameras must be capable of recording for a period
20    of 10 hours or more, unless the officer-worn body camera
21    was purchased and acquired by the law enforcement agency
22    prior to July 1, 2015.
23        (3) Cameras must be turned on at all times when the
24    officer is in uniform and is responding to calls for

 

 

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1    service or engaged in any law enforcement-related
2    encounter or activity, that occurs while the officer is on
3    duty.
4            (A) If exigent circumstances exist which prevent
5        the camera from being turned on, the camera must be
6        turned on as soon as practicable.
7            (B) Officer-worn body cameras may be turned off
8        when the officer is inside of a patrol car which is
9        equipped with a functioning in-car camera; however,
10        the officer must turn on the camera upon exiting the
11        patrol vehicle for law enforcement-related encounters.
12            (C) Officer-worn body cameras may be turned off
13        when the officer is inside a correctional facility or
14        courthouse which is equipped with a functioning camera
15        system.
16        (4) Cameras must be turned off when:
17            (A) the victim of a crime requests that the camera
18        be turned off, and unless impractical or impossible,
19        that request is made on the recording;
20            (B) a witness of a crime or a community member who
21        wishes to report a crime requests that the camera be
22        turned off, and unless impractical or impossible that
23        request is made on the recording;
24            (C) the officer is interacting with a confidential
25        informant used by the law enforcement agency; or
26            (D) an officer of the Department of Revenue enters

 

 

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1        a Department of Revenue facility or conducts an
2        interview during which return information will be
3        discussed or visible.
4        However, an officer may continue to record or resume
5    recording a victim or a witness, if exigent circumstances
6    exist, or if the officer has reasonable articulable
7    suspicion that a victim or witness, or confidential
8    informant has committed or is in the process of committing
9    a crime. Under these circumstances, and unless impractical
10    or impossible, the officer must indicate on the recording
11    the reason for continuing to record despite the request of
12    the victim or witness.
13        (4.5) Cameras may be turned off when the officer is
14    engaged in community caretaking functions. However, the
15    camera must be turned on when the officer has reason to
16    believe that the person on whose behalf the officer is
17    performing a community caretaking function has committed
18    or is in the process of committing a crime. If exigent
19    circumstances exist which prevent the camera from being
20    turned on, the camera must be turned on as soon as
21    practicable.
22        (5) The officer must provide notice of recording to
23    any person if the person has a reasonable expectation of
24    privacy and proof of notice must be evident in the
25    recording. If exigent circumstances exist which prevent
26    the officer from providing notice, notice must be provided

 

 

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1    as soon as practicable.
2        (6) (A) For the purposes of redaction, labeling, or
3    duplicating recordings, access to camera recordings shall
4    be restricted to only those personnel responsible for
5    those purposes. The recording officer or his or her
6    supervisor may not redact, label, duplicate or otherwise
7    alter the recording officer's camera recordings. Except as
8    otherwise provided in this Section, the recording officer
9    and his or her supervisor may access and review recordings
10    prior to completing incident reports or other
11    documentation, provided that the supervisor discloses that
12    fact in the report or documentation.
13            (i) A law enforcement officer shall not have
14        access to or review his or her body-worn camera
15        recordings or the body-worn camera recordings of
16        another officer prior to completing incident reports
17        or other documentation when the officer:
18                (a) has been involved in or is a witness to an
19            officer-involved shooting, use of deadly force
20            incident, or use of force incidents resulting in
21            great bodily harm;
22                (b) is ordered to write a report in response
23            to or during the investigation of a misconduct
24            complaint against the officer.
25            (ii) If the officer subject to subparagraph (i)
26        prepares a report, any report shall be prepared

 

 

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1        without viewing body-worn camera recordings, and
2        subject to supervisor's approval, officers may file
3        amendatory reports after viewing body-worn camera
4        recordings. Supplemental reports under this provision
5        shall also contain documentation regarding access to
6        the video footage.
7            (B) The recording officer's assigned field
8        training officer may access and review recordings for
9        training purposes. Any detective or investigator
10        directly involved in the investigation of a matter may
11        access and review recordings which pertain to that
12        investigation but may not have access to delete or
13        alter such recordings.
14        (7) Recordings made on officer-worn cameras must be
15    retained by the law enforcement agency or by the camera
16    vendor used by the agency, on a recording medium for a
17    period of 90 days.
18            (A) Under no circumstances shall any recording,
19        except for a non-law enforcement related activity or
20        encounter, made with an officer-worn body camera be
21        altered, erased, or destroyed prior to the expiration
22        of the 90-day storage period. In the event any
23        recording made with an officer-worn body camera is
24        altered, erased, or destroyed prior to the expiration
25        of the 90-day storage period, the law enforcement
26        agency shall maintain, for a period of one year, a

 

 

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1        written record including (i) the name of the
2        individual who made such alteration, erasure, or
3        destruction, and (ii) the reason for any such
4        alteration, erasure, or destruction.
5            (B) Following the 90-day storage period, any and
6        all recordings made with an officer-worn body camera
7        must be destroyed, unless any encounter captured on
8        the recording has been flagged. An encounter is deemed
9        to be flagged when:
10                (i) a formal or informal complaint has been
11            filed;
12                (ii) the officer discharged his or her firearm
13            or used force during the encounter;
14                (iii) death or great bodily harm occurred to
15            any person in the recording;
16                (iv) the encounter resulted in a detention or
17            an arrest, excluding traffic stops which resulted
18            in only a minor traffic offense or business
19            offense;
20                (v) the officer is the subject of an internal
21            investigation or otherwise being investigated for
22            possible misconduct;
23                (vi) the supervisor of the officer,
24            prosecutor, defendant, or court determines that
25            the encounter has evidentiary value in a criminal
26            prosecution; or

 

 

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1                (vii) the recording officer requests that the
2            video be flagged for official purposes related to
3            his or her official duties.
4            (C) Under no circumstances shall any recording
5        made with an officer-worn body camera relating to a
6        flagged encounter be altered or destroyed prior to 2
7        years after the recording was flagged. If the flagged
8        recording was used in a criminal, civil, or
9        administrative proceeding, the recording shall not be
10        destroyed except upon a final disposition and order
11        from the court.
12        (8) Following the 90-day storage period, recordings
13    may be retained if a supervisor at the law enforcement
14    agency designates the recording for training purposes. If
15    the recording is designated for training purposes, the
16    recordings may be viewed by officers, in the presence of a
17    supervisor or training instructor, for the purposes of
18    instruction, training, or ensuring compliance with agency
19    policies.
20        (9) Recordings shall not be used to discipline law
21    enforcement officers unless:
22            (A) a formal or informal complaint of misconduct
23        has been made;
24            (B) a use of force incident has occurred;
25            (C) the encounter on the recording could result in
26        a formal investigation under the Uniform Peace

 

 

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1        Officers' Disciplinary Act; or
2            (D) as corroboration of other evidence of
3        misconduct.
4        Nothing in this paragraph (9) shall be construed to
5    limit or prohibit a law enforcement officer from being
6    subject to an action that does not amount to discipline.
7        (10) The law enforcement agency shall ensure proper
8    care and maintenance of officer-worn body cameras. Upon
9    becoming aware, officers must as soon as practical
10    document and notify the appropriate supervisor of any
11    technical difficulties, failures, or problems with the
12    officer-worn body camera or associated equipment. Upon
13    receiving notice, the appropriate supervisor shall make
14    every reasonable effort to correct and repair any of the
15    officer-worn body camera equipment.
16        (11) No officer may hinder or prohibit any person, not
17    a law enforcement officer, from recording a law
18    enforcement officer in the performance of his or her
19    duties in a public place or when the officer has no
20    reasonable expectation of privacy. The law enforcement
21    agency's written policy shall indicate the potential
22    criminal penalties, as well as any departmental
23    discipline, which may result from unlawful confiscation or
24    destruction of the recording medium of a person who is not
25    a law enforcement officer. However, an officer may take
26    reasonable action to maintain safety and control, secure

 

 

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1    crime scenes and accident sites, protect the integrity and
2    confidentiality of investigations, and protect the public
3    safety and order.
4    (b) Recordings made with the use of an officer-worn body
5camera are not subject to disclosure under the Freedom of
6Information Act, except that:
7        (1) if the subject of the encounter has a reasonable
8    expectation of privacy, at the time of the recording, any
9    recording which is flagged, due to the filing of a
10    complaint, discharge of a firearm, use of force, arrest or
11    detention, or resulting death or bodily harm, shall be
12    disclosed in accordance with the Freedom of Information
13    Act if:
14            (A) the subject of the encounter captured on the
15        recording is a victim or witness; and
16            (B) the law enforcement agency obtains written
17        permission of the subject or the subject's legal
18        representative;
19        (2) except as provided in paragraph (1) of this
20    subsection (b), any recording which is flagged due to the
21    filing of a complaint, discharge of a firearm, use of
22    force, arrest or detention, or resulting death or bodily
23    harm shall be disclosed in accordance with the Freedom of
24    Information Act; and
25        (3) upon request, the law enforcement agency shall
26    disclose, in accordance with the Freedom of Information

 

 

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1    Act, the recording to the subject of the encounter
2    captured on the recording or to the subject's attorney, or
3    the officer or his or her legal representative.
4    For the purposes of paragraph (1) of this subsection (b),
5the subject of the encounter does not have a reasonable
6expectation of privacy if the subject was arrested as a result
7of the encounter. For purposes of subparagraph (A) of
8paragraph (1) of this subsection (b), "witness" does not
9include a person who is a victim or who was arrested as a
10result of the encounter.
11    Only recordings or portions of recordings responsive to
12the request shall be available for inspection or reproduction.
13Any recording disclosed under the Freedom of Information Act
14shall be redacted to remove identification of any person that
15appears on the recording and is not the officer, a subject of
16the encounter, or directly involved in the encounter. Nothing
17in this subsection (b) shall require the disclosure of any
18recording or portion of any recording which would be exempt
19from disclosure under the Freedom of Information Act.
20    (c) Nothing in this Section shall limit access to a camera
21recording for the purposes of complying with Supreme Court
22rules or the rules of evidence.
23(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
24revised 7-30-21.)
 
25    Section 65. The Emergency Telephone System Act is amended

 

 

HB0307 Enrolled- 92 -LRB102 11622 KTG 16956 b

1by changing Section 11.5 as follows:
 
2    (50 ILCS 750/11.5)
3    (Section scheduled to be repealed on December 31, 2023)
4    Sec. 11.5. Aggregator and originating service provider
5responsibilities.
6    (a) Each aggregator, and the originating service providers
7whose 9-1-1 calls are being aggregated by the aggregator,
8shall comply with their respective requirements in 83 Ill.
9Adm. Code Part 725.410.
10    (b) Beginning July 1, 2021, each aggregator that is
11operating within the State must email the Office of the
12Statewide 9-1-1 Administrator to provide the following
13information that supports the implementation of and the
14migration to the Statewide NG9-1-1 system:
15        (1) A company 9-1-1 contact, address, email, and phone
16    number.
17        (2) A list of originating service providers that the
18    aggregator transports 9-1-1 calls for and then to the
19    appropriate 9-1-1 system provider. New or current
20    aggregators must update the required information within 30
21    days of implementing any changes in information required
22    by this subsection.
23    (c) Each aggregator shall establish procedures for
24receiving No Record Found errors from the 9-1-1 System
25Provider, identifying the originating service provider who

 

 

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1delivered the call to the aggregator, and referring the No
2Record Found errors to that originating service provider.
3    (d) Each originating service provider shall establish
4procedures with the 9-1-1 system provider for preventing and
5resolving No Record Found errors in the 9-1-1 database and
6make every effort to ensure 9-1-1 calls are sent to the
7appropriate public safety answering point.
8    (e) If a 9-1-1 system is being transitioned to NG9-1-1
9service or to a new provider, each aggregator shall be
10responsible for coordinating any modifications that are needed
11to ensure that the originating service provider provides the
12required level of service to its customers. Each aggregator
13shall coordinate those network changes or additions for those
14migrations in a timely manner with the appropriate 9-1-1
15system provider who shall be managing its respective
16implementation schedule and cut over. Each aggregator shall
17send notice to its originating service provider customers of
18the aggregator's successful turn up of the network changes or
19additions supporting the migration and include the necessary
20information for the originating service provider's migration
21(such as public safety answering point name, Federal
22Communications Commission Identification, and Emergency
23Services Routing Number). The notice shall be provided to the
24originating service providers within 2 weeks of acceptance
25testing and conversion activities between the aggregator and
26the 9-1-1 system provider.

 

 

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1    (f) The 9-1-1 system provider shall coordinate directly
2with the originating service providers (unless the aggregator
3separately agrees to coordinate with the originating service
4providers) for migration, but in no case shall that migration
5exceed 30 days after receipt of notice from the aggregator,
6unless agreed to by the originating service provider and 9-1-1
7system provider.
8    (g) Each aggregator shall coordinate test calls with the
99-1-1 system provider and the 9-1-1 Authority when turning up
10new circuits or making network changes. Each originating
11service provider shall perform testing of its network and
12provisioning upon notification from the aggregator that the
13network has been tested and accepted with the 9-1-1 system
14provider.
15    (h) Each aggregator and originating service provider
16customer shall deliver all 9-1-1 calls, audio, data, and
17location to the 9-1-1 system at a location determined by the
18State.
19(Source: P.A. 102-9, eff. 6-3-21; revised 7-16-21.)
 
20    Section 70. The Counties Code is amended by changing
21Sections 2-3003 and 2-4006.5 as follows:
 
22    (55 ILCS 5/2-3003)  (from Ch. 34, par. 2-3003)
23    Sec. 2-3003. Apportionment plan.
24    (1) If the county board determines that members shall be

 

 

HB0307 Enrolled- 95 -LRB102 11622 KTG 16956 b

1elected by districts, it shall develop an apportionment plan
2and specify the number of districts and the number of county
3board members to be elected from each district and whether
4voters will have cumulative voting rights in multi-member
5districts. Each such district:
6        a. Shall be substantially equal in population to each
7    other district;
8        b. Shall be comprised of contiguous territory, as
9    nearly compact as practicable; and
10        c. May divide townships or municipalities only when
11    necessary to conform to the population requirement of
12    paragraph a. of this Section; and .
13        d. Shall be created in such a manner so that no
14    precinct shall be divided between 2 or more districts,
15    insofar as is practicable.
16    (2) The county board of each county having a population of
17less than 3,000,000 inhabitants may, if it should so decide,
18provide within that county for single-member single member
19districts outside the corporate limits and multi-member
20districts within the corporate limits of any municipality with
21a population in excess of 75,000. Paragraphs a, b, c, and d of
22subsection (1) of this Section shall apply to the
23apportionment of both single-member single and multi-member
24districts within a county to the extent that compliance with
25paragraphs a, b, c, and d still permit the establishment of
26such districts, except that the population of any multi-member

 

 

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1district shall be equal to the population of any single-member
2single member district, times the number of members found
3within that multi-member district.
4    (3) In a county where the Chairman of the County Board is
5elected by the voters of the county as provided in Section
62-3007, the Chairman of the County Board may develop and
7present to the Board by the third Wednesday in May in the year
8after a federal decennial census year an apportionment plan in
9accordance with the provisions of subsection (1) of this
10Section. If the Chairman 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 Chairman'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 Chairman
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 Chairman. The Chairman
20shall have access to the federal decennial census available to
21the Board.
22    (4) In a county where a County Executive is elected by the
23voters of the county as provided in Section 2-5007 of this the
24Counties Code, the County Executive may develop and present to
25the Board by the third Wednesday in May in the year after a
26federal decennial census year an apportionment plan in

 

 

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1accordance with the provisions of subsection (1) of this
2Section. If the Executive presents a plan to the Board by the
3third Wednesday in May, the Board shall conduct at least one
4public hearing to receive comments and to discuss the
5apportionment plan, the hearing shall be held at least 6 days
6but not more than 21 days after the Executive's plan was
7presented to the Board, and the public shall be given notice of
8the hearing at least 6 days in advance. If the Executive
9presents a plan by the third Wednesday in May, the Board is
10prohibited from enacting an apportionment plan until after a
11hearing on the plan presented by the Executive. The Executive
12shall have access to the federal decennial census available to
13the Board.
14    (5) For the reapportionment of 2021, the Chairman of the
15County Board or County Executive may develop and present (or
16redevelop and represent) to the Board by the third Wednesday
17in November in the year after a federal decennial census year
18an apportionment plan and the Board shall conduct its public
19hearing as provided in paragraphs (3) and (4) following
20receipt of the apportionment plan.
21(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
 
22    (55 ILCS 5/2-4006.5)
23    Sec. 2-4006.5. Commissioners in certain counties.
24    (a) If a county elects 3 commissioners at large under
25Section 2-4006, registered voters of such county may, by a

 

 

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1vote of a majority of those voting on such proposition,
2determine to change the method of electing the board of county
3commissioners by electing either 3 or 5 members from
4single-member single member districts. In order for such
5question to be placed upon the ballot, such petition must
6contain the signatures of not fewer than 10% of the registered
7voters of such county.
8    Commissioners may not be elected from single-member single
9member districts until the question of electing either 3 or 5
10commissioners from single-member single member districts has
11been submitted to the electors of the county at a regular
12election and approved by a majority of the electors voting on
13the question. The commissioners must certify the question to
14the proper election authority, which must submit the question
15at an election in accordance with the Election Code.
16    The question must be in substantially the following form:
17        Shall the board of county commissioners of (name of
18    county) consist of (insert either 3 or 5) commissioners
19    elected from single-member single member districts?
20The votes must be recorded as "Yes" or "No".
21    If a majority of the electors voting on the question vote
22in the affirmative, a 3-member or 5-member board of county
23commissioners, as the case may be, shall be established to be
24elected from single-member single member districts.
25    (b) If the voters of the county decide to elect either 3 or
265 commissioners from single-member single member districts,

 

 

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1the board of county commissioners shall on or before August 31
2of the year following the 2000 federal decennial census divide
3the county into either 3 or 5 compact and contiguous county
4commission districts that are substantially equal in
5population. On or before May 31 of the year following each
6federal decennial census thereafter, the board of county
7commissioners shall reapportion the county commission
8districts to be compact, contiguous, and substantially equal
9in population.
10    (c) The commissioners elected at large at or before the
11general election in 2000 shall continue to serve until the
12expiration of their terms. Of those commissioners, the
13commissioner whose term expires in 2002 shall be assigned to
14district 1; the commissioner whose term expires in 2004 shall
15be assigned to district 2; and the commissioner whose term
16expires in 2006 shall be assigned to district 3.
17    (d) If the voters of the county decide to elect 5
18commissioners from single-member single member districts, at
19the general election in 2002, one commissioner from and
20residing in each of districts 1, 4, and 5 shall be elected. At
21the general election in 2004, one commissioner from and
22residing in each of districts 1, 2, and 5 shall be elected. At
23the general election in 2006, one commissioner from and
24residing in each of districts 2, 3, and 4 shall be elected. At
25the general election in 2008, one commissioner from and
26residing in each of districts 1, 3, and 5 shall be elected. At

 

 

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1the general election in 2010, one commissioner from each of
2districts 2 and 4 shall be elected. At the general election in
32012, commissioners from and residing in each district shall
4be elected. Thereafter, commissioners shall be elected at each
5general election to fill expired terms. Each commissioner must
6reside in the district that he or she represents from the time
7that he or she files his or her nomination papers until his or
8her term expires.
9    In the year following the decennial census of 2010 and
10every 10 years thereafter, the commissioners, publicly by lot,
11shall divide the districts into 2 groups. One group shall
12serve terms of 4 years, 4 years, and 2 years and one group
13shall serve terms of 2 years, 4 years, and 4 years.
14(Source: P.A. 91-846, eff. 6-22-00; 92-189, eff. 8-1-01;
15revised 7-15-21.)
 
16    Section 75. The Illinois Municipal Code is amended by
17changing Sections 5-2-2, 5-2-18.1, 11-5.1-2, and 11-13-14 as
18follows:
 
19    (65 ILCS 5/5-2-2)  (from Ch. 24, par. 5-2-2)
20    Sec. 5-2-2. Except as otherwise provided in Section 5-2-3,
21the number of alderpersons, when not elected by the minority
22representation plan, shall be as follows: In cities not
23exceeding 3,000 inhabitants, 6 alderpersons; exceeding 3,000,
24but not exceeding 15,000, 8 alderpersons; exceeding 15,000 but

 

 

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1not exceeding 20,000, 10 alderpersons; exceeding 20,000 but
2not exceeding 30,000, 14 alderpersons; and 2 additional
3alderpersons for every 20,000 inhabitants over 30,000. In all
4cities of less than 500,000, 20 alderpersons shall be the
5maximum number permitted except as otherwise provided in the
6case of alderpersons-at-large. No redistricting shall be
7required in order to reduce the number of alderpersons
8heretofore provided for. Two alderpersons shall be elected to
9represent each ward.
10    If it appears from any census specified in Section 5-2-5
11and taken not earlier than 1940 that any city has the requisite
12number of inhabitants to authorize it to increase the number
13of alderpersons, the city council shall immediately proceed to
14redistrict the city in accordance with the provisions of
15Section 5-2-5, and it shall hold the next city election in
16accordance with the new redistricting. At this election the
17alderpersons whose terms of office are not expiring shall be
18considered alderpersons for the new wards respectively in
19which their residences are situated. At this election a
20candidate for alderperson may be elected from any ward that
21contains a part of the ward in which he or she resided at least
22one year next preceding the election that follows the
23redistricting, and, if elected, that person may be reelected
24from the new ward he or she represents if he or she resides in
25that ward for at least one year next preceding reelection. If
26there are 2 or more alderpersons with terms of office not

 

 

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1expiring and residing in the same ward under the new
2redistricting, the alderperson who holds over for that ward
3shall be determined by lot in the presence of the city council,
4in whatever manner the council shall direct and all other
5alderpersons shall fill their unexpired terms as
6alderpersons-at-large. The alderpersons-at-large, if any,
7shall have the same power and duties as all other alderpersons
8but upon expiration of their terms the offices of
9alderpersons-at-large shall be abolished.
10    If the redistricting re-districting results in one or more
11wards in which no alderpersons reside whose terms of office
12have not expired, 2 alderpersons shall be elected in
13accordance with the provisions of Section 5-2-8.
14(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
 
15    (65 ILCS 5/5-2-18.1)  (from Ch. 24, par. 5-2-18.1)
16    Sec. 5-2-18.1. In any city or village which has adopted
17this Article and also has elected to choose alderpersons from
18wards or trustees from districts, as the case may be, a
19proposition to elect the city council at large shall be
20submitted to the electors in the manner herein provided.
21    Electors of such city or village, equal to not less than
2210% of the total vote cast for all candidates for mayor or
23president in the last preceding municipal election for such
24office, may petition for the submission to a vote of the
25electors of that city or village the proposition whether the

 

 

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1city council shall be elected at large. The petition shall be
2in the same form as prescribed in Section 5-1-6, except that
3said petition shall be modified as to the wording of the
4proposition to be voted upon to conform to the wording of the
5proposition as hereinafter set forth, and shall be filed with
6the city clerk in accordance with the general election law.
7The clerk shall certify the proposition to the proper election
8authorities who shall submit the proposition at an election in
9accordance with the general election law.
10    However, such proposition shall not be submitted at the
11general primary election for the municipality.
12    The proposition shall be in substantially the following
13form:
14-------------------------------------------------------------
15    Shall the city (or village) of
16.... elect the city council at           YES
17large instead of alderpersons        ------------------------
18(or trustees) from wards (or             NO
19districts)?
20-------------------------------------------------------------
21    If a majority of those voting on the proposition vote
22"yes", then the city council shall be elected at large at the
23next general municipal election and the provisions of Section
245-2-12 shall be applicable. Upon the election and
25qualification of such councilmen council men or trustees, the
26terms of all sitting alderpersons shall expire.

 

 

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1(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
 
2    (65 ILCS 5/11-5.1-2)
3    Sec. 11-5.1-2. Military equipment surplus program.
4    (a) For purposes of this Section:
5    "Bayonet" means large knives designed to be attached to
6the muzzle of a rifle, shotgun, or long gun for the purposes of
7hand-to-hand combat.
8    "Grenade launcher" means a firearm or firearm accessory
9used to launch fragmentary explosive rounds designed to
10inflict death or cause great bodily harm.
11    "Military equipment surplus program" means any federal or
12state program allowing a law enforcement agency to obtain
13surplus military equipment, including, but not limited limit
14to, any program organized under Section 1122 of the National
15Defense Authorization Act for Fiscal Year 1994 (Pub. L.
16103-160) or Section 1033 of the National Defense Authorization
17Act for Fiscal Year 1997 (Pub. L. 104-201) or any program
18established by the United States Department of Defense under
1910 U.S.C. 2576a.
20    "Tracked armored vehicle" means a vehicle that provides
21ballistic protection to its occupants and utilizes a tracked
22system instead of wheels for forward motion not including
23vehicles listed in the Authorized Equipment List as published
24by the Federal Emergency Management Agency.
25    "Weaponized aircraft, vessels, or vehicles" means any

 

 

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1aircraft, vessel, or vehicle with weapons installed.
2    (b) A police department shall not request or receive from
3any military equipment surplus program nor purchase or
4otherwise utilize the following equipment:
5        (1) tracked armored vehicles;
6        (2) weaponized aircraft, vessels, or vehicles;
7        (3) firearms of .50-caliber or higher;
8        (4) ammunition of .50-caliber or higher;
9        (5) grenade launchers, grenades, or similar
10    explosives; or
11        (6) bayonets.
12    (c) A home rule municipality may not regulate the
13acquisition of equipment in a manner inconsistent with this
14Section. This Section is a limitation under subsection (i) of
15Section 6 of Article VII of the Illinois Constitution on the
16concurrent exercise by home rule municipalities of powers and
17functions exercised by the State.
18    (d) If a police department requests other property not
19prohibited from a military equipment surplus program, the
20police department shall publish notice of the request on a
21publicly accessible website maintained by the police
22department or the municipality within 14 days after the
23request.
24(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
25revised 7-30-21.)
 

 

 

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1    (65 ILCS 5/11-13-14)  (from Ch. 24, par. 11-13-14)
2    Sec. 11-13-14. The regulations imposed and the districts
3created under the authority of this Division 13 may be amended
4from time to time by ordinance after the ordinance
5establishing them has gone into effect, but no such amendments
6shall be made without a hearing before some commission or
7committee designated by the corporate authorities. Notice
8shall be given of the time and place of the hearing, not more
9than 30 nor less than 15 days before the hearing, by publishing
10a notice thereof at least once in one or more newspapers
11published in the municipality, or, if no newspaper is
12published therein, then in one or more newspapers with a
13general circulation within the municipality. In municipalities
14with less than 500 population in which no newspaper is
15published, publication may be made instead by posting a notice
16in 3 prominent places within the municipality. In case of a
17written protest against any proposed amendment of the
18regulations or districts, signed and acknowledged by the
19owners of 20% of the frontage proposed to be altered, or by the
20owners of 20% of the frontage immediately adjoining or across
21an alley therefrom, or by the owners of the 20% of the frontage
22directly opposite the frontage proposed to be altered, is
23filed with the clerk of the municipality, the amendment shall
24not be passed except by a favorable vote of two-thirds of the
25alderpersons or trustees of the municipality then holding
26office. In such cases, a copy of the written protest shall be

 

 

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1served by the protestor or protestors on the applicant for the
2proposed amendments and a copy upon the applicant's attorney,
3if any, by certified mail at the address of such applicant and
4attorney shown in the application for the proposed amendment.
5Any notice required by this Section need not include a metes
6and bounds legal description, provided that the notice
7includes: (i) the common street address or addresses and (ii)
8the property index number ("PIN") or numbers of all the
9parcels of real property contained in the affected area.
10(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
 
11    Section 80. The Revised Cities and Villages Act of 1941 is
12amended by changing Section 21-25 as follows:
 
13    (65 ILCS 20/21-25)  (from Ch. 24, par. 21-25)
14    Sec. 21-25. Times for elections.) General elections for
15alderpersons shall be held in the year or years fixed by law
16for holding the same, on the last Tuesday of February of such
17year. Any supplementary election for alderpersons held under
18the provisions of this Article shall be held on the first
19Tuesday of April next following the holding of such general
20election of alderpersons.
21(Source: P.A. 102-15, eff. 6-17-21; revised 7-14-21.)
 
22    Section 85. The Metropolitan Pier and Exposition Authority
23Act is amended by changing Section 5.6 as follows:
 

 

 

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1    (70 ILCS 210/5.6)
2    Sec. 5.6. Marketing agreement.
3    (a) The Authority shall enter into a marketing agreement
4with a not-for-profit organization headquartered in Chicago
5and recognized by the Department of Commerce and Economic
6Opportunity as a certified local tourism and convention bureau
7entitled to receive State tourism grant funds, provided the
8bylaws of the organization establish a board of the
9organization that is comprised of 35 members serving 3-year
10staggered terms, including the following:
11        (1) no less than 8 members appointed by the Mayor of
12    Chicago, to include:
13            (A) a Chair of the board of the organization
14        appointed by the Mayor of the City of Chicago from
15        among the business and civic leaders of Chicago who
16        are not engaged in the hospitality business or who
17        have not served as a member of the Board or as chief
18        executive officer of the Authority; and
19            (B) 7 members from among the cultural, economic
20        development, or civic leaders of Chicago;
21        (2) the chairperson of the interim board or Board of
22    the Authority, or his or her designee;
23        (3) a representative from the department in the City
24    of Chicago that is responsible for the operation of
25    Chicago-area airports;

 

 

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1        (4) a representative from the department in the City
2    of Chicago that is responsible for the regulation of
3    Chicago-area livery vehicles;
4        (5) at least 1, but no more than:
5            (A) 2 members from the hotel industry;
6            (B) 2 members representing Chicago arts and
7        cultural institutions or projects;
8            (C) 2 members from the restaurant industry;
9            (D) 2 members employed by or representing an
10        entity responsible for a trade show;
11            (E) 2 members representing unions;
12            (F) 2 members from the attractions industry; and
13        (6) 7 members appointed by the Governor, including the
14    Director of the Illinois Department of Commerce and
15    Economic Opportunity, ex officio, as well as 3 members
16    from the hotel industry and 3 members representing Chicago
17    arts and cultural institutions or projects.
18    The bylaws of the organization may provide for the
19appointment of a City of Chicago alderperson as an ex officio
20member, and may provide for other ex officio members who shall
21serve terms of one year.
22    Persons with a real or apparent conflict of interest shall
23not be appointed to the board. Members of the board of the
24organization shall not serve more than 2 terms. The bylaws
25shall require the following: (i) that the Chair of the
26organization name no less than 5 and no more than 9 members to

 

 

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1the Executive Committee of the organization, one of whom must
2be the chairperson of the interim board or Board of the
3Authority, and (ii) a provision concerning conflict of
4interest and a requirement that a member abstain from
5participating in board action if there is a threat to the
6independence of judgment created by any conflict of interest
7or if participation is likely to have a negative effect on
8public confidence in the integrity of the board.
9    (b) The Authority shall notify the Department of Revenue
10within 10 days after entering into a contract pursuant to this
11Section.
12(Source: P.A. 102-15, eff. 6-17-21; 102-16, eff. 6-17-21;
13revised 7-17-21.)
 
14    Section 90. The School Code is amended by changing Section
151-3 as follows:
 
16    (105 ILCS 5/1-3)  (from Ch. 122, par. 1-3)
17    Sec. 1-3. Definitions. In this Code:
18    The terms "common schools", "free schools" and "public
19schools" are used interchangeably to apply to any school
20operated by authority of this Act.
21    "School board" means the governing body of any district
22created or operating under authority of this Code Act,
23including board of school directors and board of education.
24When the context so indicates it also means the governing body

 

 

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1of any non-high school district and of any special charter
2district, including a board of school inspectors.
3    "Special charter district" means any city, township, or
4district organized into a school district, under a special Act
5or charter of the General Assembly or in which schools are now
6managed and operating within such unit in whole or in part
7under the terms of such special Act or charter.
8(Source: Laws 1961, p. 31; revised 7-16-21.)
 
9    Section 95. The Student-Athlete Endorsement Rights Act is
10amended by changing Section 20 as follows:
 
11    (110 ILCS 190/20)
12    Sec. 20. Agents; publicity rights; third party licensees.
13    (a) An agent, legal representative, or other professional
14service provider offering services to a student-athlete shall,
15to the extent required, comply with the federal Sports Agent
16Responsibility and Trust Act and any other applicable laws,
17rules, or regulations.
18    (b) A grant-in-aid, including cost of attendance, and
19other permissible financial aid, awards, or benefits from the
20postsecondary educational institution in which a
21student-athlete is enrolled shall not be revoked, reduced, nor
22the terms and conditions altered, as a result of a
23student-athlete earning compensation or obtaining professional
24or legal representation pursuant to this Act.

 

 

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1    (c) A student-athlete shall disclose to the postsecondary
2educational institution in which the student is enrolled, in a
3manner and time prescribed by the institution, the existence
4and substance of all publicity rights agreements. Publicity
5rights agreements that contemplate cash or other compensation
6to the student-athlete that is equal to or in excess of a value
7of $500 shall be formalized in a written contract, and the
8contract shall be provided to the postsecondary educational
9institution in which the student is enrolled prior to the
10execution of the agreement and before any compensation is
11provided to the student-athlete.
12    (d) A student-athlete may not enter into a publicity
13rights agreement or otherwise receive compensation for that
14student-athlete's name, image, likeness, or voice for services
15rendered or performed while that student-athlete is
16participating in activities sanctioned by that
17student-athlete's postsecondary educational institution if
18such services or performance by the student-athlete would
19conflict with a provision in a contract, rule, regulation,
20standard, or other requirement of the postsecondary
21educational institution.
22    (e) No booster, third party licensee, or any other
23individual or entity, shall provide or directly or indirectly
24arrange for a third party to provide compensation to a
25prospective or current student-athlete or enter into, or
26directly or indirectly arrange for a third party to enter

 

 

HB0307 Enrolled- 113 -LRB102 11622 KTG 16956 b

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

 

 

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1for the endorsement or promotion of gambling, sports betting,
2controlled substances, cannabis, a tobacco or alcohol company,
3brand, or products, alternative or electronic nicotine product
4or delivery system, performance-enhancing supplements, adult
5entertainment, or any other product or service that is
6reasonably considered to be inconsistent with the values or
7mission of a postsecondary educational institution or that
8negatively impacts or reflects adversely on a postsecondary
9educational institution or its athletic programs, including,
10but not limited to, bringing about public disrepute,
11embarrassment, scandal, ridicule, or otherwise negatively
12impacting the reputation or the moral or ethical standards of
13the postsecondary educational institution.
14(Source: P.A. 102-42, eff. 7-1-21; revised 8-3-21.)
 
15    Section 100. The Illinois Educational Labor Relations Act
16is amended by changing Section 11.1 as follows:
 
17    (115 ILCS 5/11.1)
18    Sec. 11.1. Dues collection.
19    (a) Employers shall make payroll deductions of employee
20organization dues, initiation fees, assessments, and other
21payments for an employee organization that is the exclusive
22representative. Such deductions shall be made in accordance
23with the terms of an employee's written authorization and
24shall be paid to the exclusive representative. Written

 

 

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1authorization may be evidenced by electronic communications,
2and such writing or communication may be evidenced by the
3electronic signature of the employee as provided under the
4Uniform Electronic Transactions Act.
5    There is no impediment to an employee's right to resign
6union membership at any time. However, notwithstanding any
7other provision of law to the contrary regarding authorization
8and deduction of dues or other payments to a labor
9organization, the exclusive representative and an educational
10employee may agree to reasonable limits on the right of the
11employee to revoke such authorization, including a period of
12irrevocability that exceeds one year. An authorization that is
13irrevocable for one year, which may be automatically renewed
14for successive annual periods in accordance with the terms of
15the authorization, and that contains at least an annual 10-day
16period of time during which the educational employee may
17revoke the authorization, shall be deemed reasonable. This
18Section shall apply to all claims that allege that an
19educational employer or employee organization has improperly
20deducted or collected dues from an employee without regard to
21whether the claims or the facts upon which they are based
22occurred before, on, or after December 20, 2019 (the effective
23date of Public Act 101-620) this amendatory Act of the 101st
24General Assembly and shall apply retroactively to the maximum
25extent permitted by law.
26    (b) Upon receiving written notice of the authorization,

 

 

HB0307 Enrolled- 116 -LRB102 11622 KTG 16956 b

1the educational employer must commence dues deductions as soon
2as practicable, but in no case later than 30 days after
3receiving notice from the employee organization. Employee
4deductions shall be transmitted to the employee organization
5no later than 10 days after they are deducted unless a shorter
6period is mutually agreed to.
7    (c) Deductions shall remain in effect until:
8        (1) the educational employer receives notice that an
9    educational employee has revoked his or her authorization
10    in writing in accordance with the terms of the
11    authorization; or
12        (2) the individual educational employee is no longer
13    employed by the educational employer in a bargaining unit
14    position represented by the same exclusive representative;
15    provided that if such employee is, within a period of one
16    year, employed by the same educational employer in a
17    position represented by the same employee organization,
18    the right to dues deduction shall be automatically
19    reinstated.
20    Nothing in this subsection prevents an employee from
21continuing to authorize payroll deductions when no longer
22represented by the exclusive representative that would receive
23those deductions.
24    Should the individual educational employee who has signed
25a dues deduction authorization card either be removed from an
26educational employer's payroll or otherwise placed on any type

 

 

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1of involuntary or voluntary leave of absence, whether paid or
2unpaid, the employee's dues deduction shall be continued upon
3that employee's return to the payroll in a bargaining unit
4position represented by the same exclusive representative or
5restoration to active duty from such a leave of absence.
6    (d) Unless otherwise mutually agreed by the educational
7employer and the exclusive representative, employee requests
8to authorize, revoke, cancel, or change authorizations for
9payroll deductions for employee organizations shall be
10directed to the employee organization rather than to the
11educational employer. The employee organization shall be
12responsible for initially processing and notifying the
13educational employer of proper requests or providing proper
14requests to the employer. If the requests are not provided to
15the educational employer, the employer shall rely on
16information provided by the employee organization regarding
17whether deductions for an employee organization were properly
18authorized, revoked, canceled, or changed, and the employee
19organization shall indemnify the educational employer for any
20damages and reasonable costs incurred for any claims made by
21educational employees for deductions made in good faith
22reliance on that information.
23    (e) Upon receipt by the exclusive representative of an
24appropriate written authorization from an individual
25educational employee, written notice of authorization shall be
26provided to the educational employer and any authorized

 

 

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1deductions shall be made in accordance with law. The employee
2organization shall indemnify the educational employer for any
3damages and reasonable costs incurred for any claims made by
4an educational employee for deductions made in good faith
5reliance on its notification.
6    (f) The failure of an educational employer to comply with
7the provisions of this Section shall be a violation of the duty
8to bargain and an unfair labor practice. Relief for the
9violation shall be reimbursement by the educational employer
10of dues that should have been deducted or paid based on a valid
11authorization given by the educational employee or employees.
12In addition, the provisions of a collective bargaining
13agreement that contain the obligations set forth in this
14Section may be enforced in accordance with Section 10.
15    (g) The Illinois Educational Labor Relations Board shall
16have exclusive jurisdiction over claims under Illinois law
17that allege an educational employer or employee organization
18has unlawfully deducted or collected dues from an educational
19employee in violation of this Act. The Board shall by rule
20require that in cases in which an educational employee alleges
21that an employee organization has unlawfully collected dues,
22the educational employer shall continue to deduct the
23employee's dues from the employee's pay, but shall transmit
24the dues to the Board for deposit in an escrow account
25maintained by the Board. If the exclusive representative
26maintains an escrow account for the purpose of holding dues to

 

 

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1which an employee has objected, the employer shall transmit
2the entire amount of dues to the exclusive representative, and
3the exclusive representative shall hold in escrow the dues
4that the employer would otherwise have been required to
5transmit to the Board for escrow; provided that the escrow
6account maintained by the exclusive representative complies
7with rules adopted by the Board or that the collective
8bargaining agreement requiring the payment of the dues
9contains an indemnification provision for the purpose of
10indemnifying the employer with respect to the employer's
11transmission of dues to the exclusive representative.
12    (h) If a collective bargaining agreement that includes a
13dues deduction clause expires or continues in effect beyond
14its scheduled expiration date pending the negotiation of a
15successor agreement, then the employer shall continue to honor
16and abide by the dues deduction clause until a new agreement
17that includes a dues deduction clause is reached. Failure to
18honor and abide by the dues deduction clause for the benefit of
19any exclusive representative as set forth in this subsection
20(h) shall be a violation of the duty to bargain and an unfair
21labor practice. For the benefit of any successor exclusive
22representative certified under this Act, this provision shall
23be applicable, provided the successor exclusive representative
24presents the employer with employee written authorizations or
25certifications from the exclusive representative for the
26deduction of dues, assessments, and fees under this subsection

 

 

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1(h).
2    (i)(1) If any clause, sentence, paragraph, or subdivision
3of this Section shall be adjudged by a court of competent
4jurisdiction to be unconstitutional or otherwise invalid, that
5judgment shall not affect, impair, or invalidate the remainder
6thereof, but shall be confined in its operation to the clause,
7sentence, paragraph, or subdivision of this Section directly
8involved in the controversy in which such judgment shall have
9been rendered.
10    (2) If any clause, sentence, paragraph, or part of a
11signed authorization for payroll deductions shall be adjudged
12by a court of competent jurisdiction to be unconstitutional or
13otherwise invalid, that judgment shall not affect, impair, or
14invalidate the remainder of the signed authorization, but
15shall be confined in its operation to the clause, sentence,
16paragraph, or part of the signed authorization directly
17involved in the controversy in which such judgment shall have
18been rendered.
19(Source: P.A. 101-620, eff. 12-20-19; 102-38, eff. 6-25-21;
20revised 8-3-21.)
 
21    Section 105. The Savings Bank Act is amended by changing
22Section 6001 as follows:
 
23    (205 ILCS 205/6001)  (from Ch. 17, par. 7306-1)
24    Sec. 6001. General provisions.

 

 

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1    (a) No savings bank shall make any loan or investment
2authorized by this Article unless the savings bank first has
3determined that the type, amount, purpose, and repayment
4provisions of the loan or investment in relation to the
5borrower's or issuer's resources and credit standing support
6the reasonable belief that the loan or investment will be
7financially sound and will be repaid according to its terms
8and that the loan or investment is not otherwise unlawful.
9    (b) Each loan or investment that a savings bank makes or
10purchases, whether wholly or in part, must be adequately
11underwritten, reviewed periodically, and reserved against as
12necessary in accordance with its payment performance, all in
13accordance with the regulations and directives of the
14Commissioner.
15    (c) Every appraisal or reappraisal of property that a
16savings bank is required to make shall be made as follows:
17        (1) By an independent qualified appraiser, designated
18    by the board of directors, who is properly licensed or
19    certified by the entity authorized to govern his licensure
20    or certification and who meets the requirements of the
21    Appraisal Subcommittee and of the Federal Act.
22        (2) In the case of an insured or guaranteed loan, by
23    any appraiser appointed by any lending, insuring, or
24    guaranteeing agency of the United States or the State of
25    Illinois that insures or guarantees the loan, wholly or in
26    part.

 

 

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1        (3) Each appraisal shall be in writing prepared at the
2    request of the lender for the lender's use; disclose the
3    market value of the security offered; contain sufficient
4    information and data concerning the appraised property to
5    substantiate the market value thereof; be certified and
6    signed by the appraiser or appraisers; and state that the
7    appraiser or appraisers have personally examined the
8    described property. The appraisal shall be filed and
9    preserved by the savings bank. In addition, the appraisal
10    shall be prepared and reported in accordance with the
11    Standards of Professional Practice and the ethical rules
12    of the Appraisal Foundation as adopted and promulgated by
13    the Appraisal Subcommittee.
14    (d) If appraisals of real estate securing a savings bank's
15loans are obtained as part of an examination by the
16Commissioner, the cost of those appraisals shall promptly be
17paid by the savings bank directly to the appraiser or
18appraisers.
19    (e) Any violation of this Article shall constitute an
20unsafe or unsound practice. Any person who knowingly violates
21any provision of this Article shall be subject to enforcement
22action or civil money penalties as provided for in this Act.
23    (f) For purposes of this Article, "underwriting" shall
24mean the process of compiling information to support a
25determination as to whether an investment or extension of
26credit shall be made by a savings bank. It shall include, but

 

 

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1not be limited to, evaluating a borrower's creditworthiness,
2determination of the value of the underlying collateral,
3market factors, and the appropriateness of the investment or
4loan for the savings bank. Underwriting as used herein does
5not include the agreement to purchase unsold portions of
6public offerings of stocks or bonds as commonly used in
7corporate securities issuances and sales.
8    (g) For purposes of this Section, the following
9definitions shall apply:
10        (1) "Federal Act" means Title XI of the Financial
11    Institutions Reform, Recovery, and Enforcement Act of 1989
12    and regulations adopted pursuant thereto.
13        (2) "Appraisal Subcommittee" means the designee of the
14    heads of the Federal Financial Institutions Examination
15    Council Act of 1978 (12 U.S.C. 3301 et seq.).
16        (3) "Appraisal Foundation" means the Appraisal
17    Foundation that was incorporated as an Illinois
18    not-for-profit corporation on November 30, 1987.
19(Source: P.A. 90-665, eff. 7-30-98; revised 7-30-21.)
 
20    Section 110. The Illinois Credit Union Act is amended by
21changing Section 20 as follows:
 
22    (205 ILCS 305/20)  (from Ch. 17, par. 4421)
23    Sec. 20. Election or appointment of officials.
24    (1) The credit union shall be directed by a board of

 

 

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1directors consisting of no less than 7 in number, to be elected
2at the annual meeting by and from the members. Directors shall
3hold office until the next annual meeting, unless their terms
4are staggered. Upon amendment of its bylaws, a credit union
5may divide the directors into 2 or 3 classes with each class as
6nearly equal in number as possible. The term of office of the
7directors of the first class shall expire at the first annual
8meeting after their election, that of the second class shall
9expire at the second annual meeting after their election, and
10that of the third class, if any, shall expire at the third
11annual meeting after their election. At each annual meeting
12after the classification, the number of directors equal to the
13number of directors whose terms expire at the time of the
14meeting shall be elected to hold office until the second
15succeeding annual meeting if there are 2 classes or until the
16third succeeding annual meeting if there are 3 classes. A
17director shall hold office for the term for which he or she is
18elected and until his or her successor is elected and
19qualified.
20    (1.5) Except as provided in subsection (1.10), in all
21elections for directors, every member has the right to vote,
22in person, by proxy, or by secure electronic record if
23approved by the board of directors, the number of shares owned
24by him, or in the case of a member other than a natural person,
25the member's one vote, for as many persons as there are
26directors to be elected, or to cumulate such shares, and give

 

 

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

 

 

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1    (1.15) If the board of directors has adopted a policy
2addressing age eligibility standards on voting, holding
3office, or petitioning the board, then a credit union may
4require (i) that members be at least 18 years of age by the
5date of the meeting in order to vote at meetings of the
6members, sign nominating petitions, or sign petitions
7requesting special meetings, and (ii) that members be at least
818 years of age by the date of election or appointment in order
9to hold elective or appointive office.
10    (2) The board of directors shall appoint from among the
11members of the credit union, a supervisory committee of not
12less than 3 members at the organization meeting and within 30
13days following each annual meeting of the members for such
14terms as the bylaws provide. Members of the supervisory
15committee may, but need not be, on the board of directors, but
16shall not be officers of the credit union, members of the
17credit committee, or the credit manager if no credit committee
18has been appointed.
19    (3) The board of directors may appoint, from among the
20members of the credit union, a credit committee consisting of
21an odd number, not less than 3 for such terms as the bylaws
22provide. Members of the credit committee may, but need not be,
23directors or officers of the credit union, but shall not be
24members of the supervisory committee.
25    (4) The board of directors may appoint from among the
26members of the credit union a membership committee of one or

 

 

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1more persons. If appointed, the committee shall act upon all
2applications for membership and submit a report of its actions
3to the board of directors at the next regular meeting for
4review. If no membership committee is appointed, credit union
5management shall act upon all applications for membership and
6submit a report of its actions to the board of directors at the
7next regular meeting for review.
8    (5) As used in this Section, "electronic" and "electronic
9record" have the meanings ascribed to those terms in the
10Uniform Electronic Transactions Act. As used in this Section,
11"secured electronic record" means an electronic record that
12meets the criteria set forth in the Uniform Electronic
13Transactions Act.
14(Source: P.A. 102-38, eff. 6-25-21; revised 8-3-21.)
 
15    Section 115. The Illinois Community Reinvestment Act is
16amended by changing Section 35-1 as follows:
 
17    (205 ILCS 735/35-1)
18    Sec. 35-1. Short title. This Article Act may be cited as
19the Illinois Community Reinvestment Act. References in this
20Article to "this Act" mean this Article.
21(Source: P.A. 101-657, eff. 3-23-21; revised 7-16-21.)
 
22    Section 120. The Specialized Mental Health Rehabilitation
23Act of 2013 is amended by changing Section 5-112 as follows:
 

 

 

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1    (210 ILCS 49/5-112)
2    Sec. 5-112. Bed reduction payments. The Department of
3Healthcare and Family Services shall make payments to
4facilities licensed under this Act for the purpose of reducing
5bed capacity and room occupancy. Facilities desiring to
6participate in these payments shall submit a proposal to the
7Department for review. In the proposal the facility shall
8detail the number of beds that are seeking to eliminate and the
9price they are requesting to eliminate those beds. The
10facility shall also detail in their proposal if the affected
11effected beds would reduce room occupancy from 3 or 4 beds to
12double occupancy or if is the bed elimination would create
13single occupancy. Priority will be given to proposals that
14eliminate the use of three-person or four-person occupancy
15rooms. Proposals shall be collected by the Department within a
16specific time period and the Department will negotiate all
17payments before making final awards to ensure that the funding
18appropriated is sufficient to fund the awards. Payments shall
19not be less than $25,000 per bed and proposals to eliminate
20beds that lead to single occupancy rooms shall receive an
21additional $10,000 per bed over and above any other negotiated
22bed elimination payment. Before a facility can receive payment
23under this Section, the facility must receive approval from
24the Department of Public Health for the permanent removal of
25the beds for which they are receiving payment. Payment for the

 

 

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1elimination of the beds shall be made within 15 days of the
2facility notifying the Department of Public Health about the
3bed license elimination. Under no circumstances shall a
4facility be allowed to increase the capacity of a facility
5once payment has been received for the elimination of beds.
6(Source: P.A. 102-16, eff. 6-17-21; revised 7-16-21.)
 
7    Section 125. The Emergency Medical Services (EMS) Systems
8Act is amended by changing Sections 3.116, 3.117, and 3.117.5
9as follows:
 
10    (210 ILCS 50/3.116)
11    Sec. 3.116. Hospital Stroke Care; definitions. As used in
12Sections 3.116 through 3.119, 3.130, 3.200, and 3.226 of this
13Act:
14    "Acute Stroke-Ready Hospital" means a hospital that has
15been designated by the Department as meeting the criteria for
16providing emergent stroke care. Designation may be provided
17after a hospital has been certified or through application and
18designation as such.
19    "Certification" or "certified" means certification, using
20evidence-based standards, from a nationally recognized
21nationally-recognized certifying body approved by the
22Department.
23    "Comprehensive Stroke Center" means a hospital that has
24been certified and has been designated as such.

 

 

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1    "Designation" or "designated" means the Department's
2recognition of a hospital as a Comprehensive Stroke Center,
3Primary Stroke Center, or Acute Stroke-Ready Hospital.
4    "Emergent stroke care" is emergency medical care that
5includes diagnosis and emergency medical treatment of acute
6stroke patients.
7    "Emergent Stroke Ready Hospital" means a hospital that has
8been designated by the Department as meeting the criteria for
9providing emergent stroke care.
10    "Primary Stroke Center" means a hospital that has been
11certified by a Department-approved, nationally recognized
12nationally-recognized certifying body and designated as such
13by the Department.
14    "Regional Stroke Advisory Subcommittee" means a
15subcommittee formed within each Regional EMS Advisory
16Committee to advise the Director and the Region's EMS Medical
17Directors Committee on the triage, treatment, and transport of
18possible acute stroke patients and to select the Region's
19representative to the State Stroke Advisory Subcommittee. At
20minimum, the Regional Stroke Advisory Subcommittee shall
21consist of: one representative from the EMS Medical Directors
22Committee; one EMS coordinator from a Resource Hospital; one
23administrative representative or his or her designee from each
24level of stroke care, including Comprehensive Stroke Centers
25within the Region, if any, Primary Stroke Centers within the
26Region, if any, and Acute Stroke-Ready Hospitals within the

 

 

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1Region, if any; one physician from each level of stroke care,
2including one physician who is a neurologist or who provides
3advanced stroke care at a Comprehensive Stroke Center in the
4Region, if any, one physician who is a neurologist or who
5provides acute stroke care at a Primary Stroke Center in the
6Region, if any, and one physician who provides acute stroke
7care at an Acute Stroke-Ready Hospital in the Region, if any;
8one nurse practicing in each level of stroke care, including
9one nurse from a Comprehensive Stroke Center in the Region, if
10any, one nurse from a Primary Stroke Center in the Region, if
11any, and one nurse from an Acute Stroke-Ready Hospital in the
12Region, if any; one representative from both a public and a
13private vehicle service provider that transports possible
14acute stroke patients within the Region; the State-designated
15regional EMS Coordinator; and a fire chief or his or her
16designee from the EMS Region, if the Region serves a
17population of more than 2,000,000. The Regional Stroke
18Advisory Subcommittee shall establish bylaws to ensure equal
19membership that rotates and clearly delineates committee
20responsibilities and structure. Of the members first
21appointed, one-third shall be appointed for a term of one
22year, one-third shall be appointed for a term of 2 years, and
23the remaining members shall be appointed for a term of 3 years.
24The terms of subsequent appointees shall be 3 years.
25    "State Stroke Advisory Subcommittee" means a standing
26advisory body within the State Emergency Medical Services

 

 

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1Advisory Council.
2(Source: P.A. 98-1001, eff. 1-1-15; revised 7-16-21.)
 
3    (210 ILCS 50/3.117)
4    Sec. 3.117. Hospital designations.
5    (a) The Department shall attempt to designate Primary
6Stroke Centers in all areas of the State.
7        (1) The Department shall designate as many certified
8    Primary Stroke Centers as apply for that designation
9    provided they are certified by a nationally recognized
10    nationally-recognized certifying body, approved by the
11    Department, and certification criteria are consistent with
12    the most current nationally recognized
13    nationally-recognized, evidence-based stroke guidelines
14    related to reducing the occurrence, disabilities, and
15    death associated with stroke.
16        (2) A hospital certified as a Primary Stroke Center by
17    a nationally recognized nationally-recognized certifying
18    body approved by the Department, shall send a copy of the
19    Certificate and annual fee to the Department and shall be
20    deemed, within 30 business days of its receipt by the
21    Department, to be a State-designated Primary Stroke
22    Center.
23        (3) A center designated as a Primary Stroke Center
24    shall pay an annual fee as determined by the Department
25    that shall be no less than $100 and no greater than $500.

 

 

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1    All fees shall be deposited into the Stroke Data
2    Collection Fund.
3        (3.5) With respect to a hospital that is a designated
4    Primary Stroke Center, the Department shall have the
5    authority and responsibility to do the following:
6            (A) Suspend or revoke a hospital's Primary Stroke
7        Center designation upon receiving notice that the
8        hospital's Primary Stroke Center certification has
9        lapsed or has been revoked by the State recognized
10        certifying body.
11            (B) Suspend a hospital's Primary Stroke Center
12        designation, in extreme circumstances where patients
13        may be at risk for immediate harm or death, until such
14        time as the certifying body investigates and makes a
15        final determination regarding certification.
16            (C) Restore any previously suspended or revoked
17        Department designation upon notice to the Department
18        that the certifying body has confirmed or restored the
19        Primary Stroke Center certification of that previously
20        designated hospital.
21            (D) Suspend a hospital's Primary Stroke Center
22        designation at the request of a hospital seeking to
23        suspend its own Department designation.
24        (4) Primary Stroke Center designation shall remain
25    valid at all times while the hospital maintains its
26    certification as a Primary Stroke Center, in good

 

 

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1    standing, with the certifying body. The duration of a
2    Primary Stroke Center designation shall coincide with the
3    duration of its Primary Stroke Center certification. Each
4    designated Primary Stroke Center shall have its
5    designation automatically renewed upon the Department's
6    receipt of a copy of the accrediting body's certification
7    renewal.
8        (5) A hospital that no longer meets nationally
9    recognized nationally-recognized, evidence-based
10    standards for Primary Stroke Centers, or loses its Primary
11    Stroke Center certification, shall notify the Department
12    and the Regional EMS Advisory Committee within 5 business
13    days.
14    (a-5) The Department shall attempt to designate
15Comprehensive Stroke Centers in all areas of the State.
16        (1) The Department shall designate as many certified
17    Comprehensive Stroke Centers as apply for that
18    designation, provided that the Comprehensive Stroke
19    Centers are certified by a nationally recognized
20    nationally-recognized certifying body approved by the
21    Department, and provided that the certifying body's
22    certification criteria are consistent with the most
23    current nationally recognized nationally-recognized and
24    evidence-based stroke guidelines for reducing the
25    occurrence of stroke and the disabilities and death
26    associated with stroke.

 

 

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

 

 

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1        that the certifying body has confirmed or restored the
2        Comprehensive Stroke Center certification of that
3        previously designated hospital.
4            (D) Suspend the hospital's Comprehensive Stroke
5        Center designation at the request of a hospital
6        seeking to suspend its own Department designation.
7        (5) Comprehensive Stroke Center designation shall
8    remain valid at all times while the hospital maintains its
9    certification as a Comprehensive Stroke Center, in good
10    standing, with the certifying body. The duration of a
11    Comprehensive Stroke Center designation shall coincide
12    with the duration of its Comprehensive Stroke Center
13    certification. Each designated Comprehensive Stroke Center
14    shall have its designation automatically renewed upon the
15    Department's receipt of a copy of the certifying body's
16    certification renewal.
17        (6) A hospital that no longer meets nationally
18    recognized nationally-recognized, evidence-based
19    standards for Comprehensive Stroke Centers, or loses its
20    Comprehensive Stroke Center certification, shall notify
21    the Department and the Regional EMS Advisory Committee
22    within 5 business days.
23    (b) Beginning on the first day of the month that begins 12
24months after the adoption of rules authorized by this
25subsection, the Department shall attempt to designate
26hospitals as Acute Stroke-Ready Hospitals in all areas of the

 

 

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1State. Designation may be approved by the Department after a
2hospital has been certified as an Acute Stroke-Ready Hospital
3or through application and designation by the Department. For
4any hospital that is designated as an Emergent Stroke Ready
5Hospital at the time that the Department begins the
6designation of Acute Stroke-Ready Hospitals, the Emergent
7Stroke Ready designation shall remain intact for the duration
8of the 12-month period until that designation expires. Until
9the Department begins the designation of hospitals as Acute
10Stroke-Ready Hospitals, hospitals may achieve Emergent Stroke
11Ready Hospital designation utilizing the processes and
12criteria provided in Public Act 96-514.
13        (1) (Blank).
14        (2) Hospitals may apply for, and receive, Acute
15    Stroke-Ready Hospital designation from the Department,
16    provided that the hospital attests, on a form developed by
17    the Department in consultation with the State Stroke
18    Advisory Subcommittee, that it meets, and will continue to
19    meet, the criteria for Acute Stroke-Ready Hospital
20    designation and pays an annual fee.
21        A hospital designated as an Acute Stroke-Ready
22    Hospital shall pay an annual fee as determined by the
23    Department that shall be no less than $100 and no greater
24    than $500. All fees shall be deposited into the Stroke
25    Data Collection Fund.
26        (2.5) A hospital may apply for, and receive, Acute

 

 

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1    Stroke-Ready Hospital designation from the Department,
2    provided that the hospital provides proof of current Acute
3    Stroke-Ready Hospital certification and the hospital pays
4    an annual fee.
5            (A) Acute Stroke-Ready Hospital designation shall
6        remain valid at all times while the hospital maintains
7        its certification as an Acute Stroke-Ready Hospital,
8        in good standing, with the certifying body.
9            (B) The duration of an Acute Stroke-Ready Hospital
10        designation shall coincide with the duration of its
11        Acute Stroke-Ready Hospital certification.
12            (C) Each designated Acute Stroke-Ready Hospital
13        shall have its designation automatically renewed upon
14        the Department's receipt of a copy of the certifying
15        body's certification renewal and Application for
16        Stroke Center Designation form.
17            (D) A hospital must submit a copy of its
18        certification renewal from the certifying body as soon
19        as practical but no later than 30 business days after
20        that certification is received by the hospital. Upon
21        the Department's receipt of the renewal certification,
22        the Department shall renew the hospital's Acute
23        Stroke-Ready Hospital designation.
24            (E) A hospital designated as an Acute Stroke-Ready
25        Hospital shall pay an annual fee as determined by the
26        Department that shall be no less than $100 and no

 

 

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1        greater than $500. All fees shall be deposited into
2        the Stroke Data Collection Fund.
3        (3) Hospitals seeking Acute Stroke-Ready Hospital
4    designation that do not have certification shall develop
5    policies and procedures that are consistent with
6    nationally recognized nationally-recognized,
7    evidence-based protocols for the provision of emergent
8    stroke care. Hospital policies relating to emergent stroke
9    care and stroke patient outcomes shall be reviewed at
10    least annually, or more often as needed, by a hospital
11    committee that oversees quality improvement. Adjustments
12    shall be made as necessary to advance the quality of
13    stroke care delivered. Criteria for Acute Stroke-Ready
14    Hospital designation of hospitals shall be limited to the
15    ability of a hospital to:
16            (A) create written acute care protocols related to
17        emergent stroke care;
18            (A-5) participate in the data collection system
19        provided in Section 3.118, if available;
20            (B) maintain a written transfer agreement with one
21        or more hospitals that have neurosurgical expertise;
22            (C) designate a Clinical Director of Stroke Care
23        who shall be a clinical member of the hospital staff
24        with training or experience, as defined by the
25        facility, in the care of patients with cerebrovascular
26        disease. This training or experience may include, but

 

 

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1        is not limited to, completion of a fellowship or other
2        specialized training in the area of cerebrovascular
3        disease, attendance at national courses, or prior
4        experience in neuroscience intensive care units. The
5        Clinical Director of Stroke Care may be a neurologist,
6        neurosurgeon, emergency medicine physician, internist,
7        radiologist, advanced practice registered nurse, or
8        physician's assistant;
9            (C-5) provide rapid access to an acute stroke
10        team, as defined by the facility, that considers and
11        reflects nationally recognized, evidence-based
12        nationally-recognized, evidenced-based protocols or
13        guidelines;
14            (D) administer thrombolytic therapy, or
15        subsequently developed medical therapies that meet
16        nationally recognized nationally-recognized,
17        evidence-based stroke guidelines;
18            (E) conduct brain image tests at all times;
19            (F) conduct blood coagulation studies at all
20        times;
21            (G) maintain a log of stroke patients, which shall
22        be available for review upon request by the Department
23        or any hospital that has a written transfer agreement
24        with the Acute Stroke-Ready Hospital;
25            (H) admit stroke patients to a unit that can
26        provide appropriate care that considers and reflects

 

 

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1        nationally recognized nationally-recognized,
2        evidence-based protocols or guidelines or transfer
3        stroke patients to an Acute Stroke-Ready Hospital,
4        Primary Stroke Center, or Comprehensive Stroke Center,
5        or another facility that can provide the appropriate
6        care that considers and reflects nationally recognized
7        nationally-recognized, evidence-based protocols or
8        guidelines; and
9            (I) demonstrate compliance with nationally
10        recognized nationally-recognized quality indicators.
11        (4) With respect to Acute Stroke-Ready Hospital
12    designation, the Department shall have the authority and
13    responsibility to do the following:
14            (A) Require hospitals applying for Acute
15        Stroke-Ready Hospital designation to attest, on a form
16        developed by the Department in consultation with the
17        State Stroke Advisory Subcommittee, that the hospital
18        meets, and will continue to meet, the criteria for an
19        Acute Stroke-Ready Hospital.
20            (A-5) Require hospitals applying for Acute
21        Stroke-Ready Hospital designation via national Acute
22        Stroke-Ready Hospital certification to provide proof
23        of current Acute Stroke-Ready Hospital certification,
24        in good standing.
25            The Department shall require a hospital that is
26        already certified as an Acute Stroke-Ready Hospital to

 

 

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1        send a copy of the Certificate to the Department.
2            Within 30 business days of the Department's
3        receipt of a hospital's Acute Stroke-Ready Certificate
4        and Application for Stroke Center Designation form
5        that indicates that the hospital is a certified Acute
6        Stroke-Ready Hospital, in good standing, the hospital
7        shall be deemed a State-designated Acute Stroke-Ready
8        Hospital. The Department shall send a designation
9        notice to each hospital that it designates as an Acute
10        Stroke-Ready Hospital and shall add the names of
11        designated Acute Stroke-Ready Hospitals to the website
12        listing immediately upon designation. The Department
13        shall immediately remove the name of a hospital from
14        the website listing when a hospital loses its
15        designation after notice and, if requested by the
16        hospital, a hearing.
17            The Department shall develop an Application for
18        Stroke Center Designation form that contains a
19        statement that "The above named facility meets the
20        requirements for Acute Stroke-Ready Hospital
21        Designation as provided in Section 3.117 of the
22        Emergency Medical Services (EMS) Systems Act" and
23        shall instruct the applicant facility to provide: the
24        hospital name and address; the hospital CEO or
25        Administrator's typed name and signature; the hospital
26        Clinical Director of Stroke Care's typed name and

 

 

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1        signature; and a contact person's typed name, email
2        address, and phone number.
3            The Application for Stroke Center Designation form
4        shall contain a statement that instructs the hospital
5        to "Provide proof of current Acute Stroke-Ready
6        Hospital certification from a nationally recognized
7        nationally-recognized certifying body approved by the
8        Department".
9            (B) Designate a hospital as an Acute Stroke-Ready
10        Hospital no more than 30 business days after receipt
11        of an attestation that meets the requirements for
12        attestation, unless the Department, within 30 days of
13        receipt of the attestation, chooses to conduct an
14        onsite survey prior to designation. If the Department
15        chooses to conduct an onsite survey prior to
16        designation, then the onsite survey shall be conducted
17        within 90 days of receipt of the attestation.
18            (C) Require annual written attestation, on a form
19        developed by the Department in consultation with the
20        State Stroke Advisory Subcommittee, by Acute
21        Stroke-Ready Hospitals to indicate compliance with
22        Acute Stroke-Ready Hospital criteria, as described in
23        this Section, and automatically renew Acute
24        Stroke-Ready Hospital designation of the hospital.
25            (D) Issue an Emergency Suspension of Acute
26        Stroke-Ready Hospital designation when the Director,

 

 

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

 

 

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

 

 

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1Acute Stroke-Ready Hospital, may apply to the Director for a
2matching grant in a manner and form specified by the Director
3and shall provide information as the Director deems necessary
4to determine whether the hospital is eligible for the grant.
5    (d) Matching grant awards shall be made to Comprehensive
6Stroke Centers, Primary Stroke Centers, Acute Stroke-Ready
7Hospitals, or hospitals seeking certification or designation
8as a Comprehensive Stroke Center, Primary Stroke Center, or
9Acute Stroke-Ready Hospital. The Department may consider
10prioritizing grant awards to hospitals in areas with the
11highest incidence of stroke, taking into account geographic
12diversity, where possible.
13(Source: P.A. 98-1001, eff. 1-1-15; revised 7-16-21.)
 
14    Section 130. The Medical Practice Act of 1987 is amended
15by changing Section 23 as follows:
 
16    (225 ILCS 60/23)  (from Ch. 111, par. 4400-23)
17    (Text of Section before amendment by P.A. 102-20)
18    (Section scheduled to be repealed on January 1, 2027)
19    Sec. 23. Reports relating to professional conduct and
20capacity.
21    (A) Entities required to report.
22        (1) Health care institutions. The chief administrator
23    or executive officer of any health care institution
24    licensed by the Illinois Department of Public Health shall

 

 

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1    report to the Disciplinary Board when any person's
2    clinical privileges are terminated or are restricted based
3    on a final determination made in accordance with that
4    institution's by-laws or rules and regulations that a
5    person has either committed an act or acts which may
6    directly threaten patient care or that a person may have a
7    mental or physical disability that may endanger patients
8    under that person's care. Such officer also shall report
9    if a person accepts voluntary termination or restriction
10    of clinical privileges in lieu of formal action based upon
11    conduct related directly to patient care or in lieu of
12    formal action seeking to determine whether a person may
13    have a mental or physical disability that may endanger
14    patients under that person's care. The Disciplinary Board
15    shall, by rule, provide for the reporting to it by health
16    care institutions of all instances in which a person,
17    licensed under this Act, who is impaired by reason of age,
18    drug or alcohol abuse or physical or mental impairment, is
19    under supervision and, where appropriate, is in a program
20    of rehabilitation. Such reports shall be strictly
21    confidential and may be reviewed and considered only by
22    the members of the Disciplinary Board, or by authorized
23    staff as provided by rules of the Disciplinary Board.
24    Provisions shall be made for the periodic report of the
25    status of any such person not less than twice annually in
26    order that the Disciplinary Board shall have current

 

 

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1    information upon which to determine the status of any such
2    person. Such initial and periodic reports of impaired
3    physicians shall not be considered records within the
4    meaning of the The State Records Act and shall be disposed
5    of, following a determination by the Disciplinary Board
6    that such reports are no longer required, in a manner and
7    at such time as the Disciplinary Board shall determine by
8    rule. The filing of such reports shall be construed as the
9    filing of a report for purposes of subsection (C) of this
10    Section.
11        (1.5) Clinical training programs. The program director
12    of any post-graduate clinical training program shall
13    report to the Disciplinary Board if a person engaged in a
14    post-graduate clinical training program at the
15    institution, including, but not limited to, a residency or
16    fellowship, separates from the program for any reason
17    prior to its conclusion. The program director shall
18    provide all documentation relating to the separation if,
19    after review of the report, the Disciplinary Board
20    determines that a review of those documents is necessary
21    to determine whether a violation of this Act occurred.
22        (2) Professional associations. The President or chief
23    executive officer of any association or society, of
24    persons licensed under this Act, operating within this
25    State shall report to the Disciplinary Board when the
26    association or society renders a final determination that

 

 

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1    a person has committed unprofessional conduct related
2    directly to patient care or that a person may have a mental
3    or physical disability that may endanger patients under
4    that person's care.
5        (3) Professional liability insurers. Every insurance
6    company which offers policies of professional liability
7    insurance to persons licensed under this Act, or any other
8    entity which seeks to indemnify the professional liability
9    of a person licensed under this Act, shall report to the
10    Disciplinary Board the settlement of any claim or cause of
11    action, or final judgment rendered in any cause of action,
12    which alleged negligence in the furnishing of medical care
13    by such licensed person when such settlement or final
14    judgment is in favor of the plaintiff.
15        (4) State's Attorneys. The State's Attorney of each
16    county shall report to the Disciplinary Board, within 5
17    days, any instances in which a person licensed under this
18    Act is convicted of any felony or Class A misdemeanor. The
19    State's Attorney of each county may report to the
20    Disciplinary Board through a verified complaint any
21    instance in which the State's Attorney believes that a
22    physician has willfully violated the notice requirements
23    of the Parental Notice of Abortion Act of 1995.
24        (5) State agencies. All agencies, boards, commissions,
25    departments, or other instrumentalities of the government
26    of the State of Illinois shall report to the Disciplinary

 

 

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1    Board any instance arising in connection with the
2    operations of such agency, including the administration of
3    any law by such agency, in which a person licensed under
4    this Act has either committed an act or acts which may be a
5    violation of this Act or which may constitute
6    unprofessional conduct related directly to patient care or
7    which indicates that a person licensed under this Act may
8    have a mental or physical disability that may endanger
9    patients under that person's care.
10    (B) Mandatory reporting. All reports required by items
11(34), (35), and (36) of subsection (A) of Section 22 and by
12Section 23 shall be submitted to the Disciplinary Board in a
13timely fashion. Unless otherwise provided in this Section, the
14reports shall be filed in writing within 60 days after a
15determination that a report is required under this Act. All
16reports shall contain the following information:
17        (1) The name, address and telephone number of the
18    person making the report.
19        (2) The name, address and telephone number of the
20    person who is the subject of the report.
21        (3) The name and date of birth of any patient or
22    patients whose treatment is a subject of the report, if
23    available, or other means of identification if such
24    information is not available, identification of the
25    hospital or other healthcare facility where the care at
26    issue in the report was rendered, provided, however, no

 

 

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1    medical records may be revealed.
2        (4) A brief description of the facts which gave rise
3    to the issuance of the report, including the dates of any
4    occurrences deemed to necessitate the filing of the
5    report.
6        (5) If court action is involved, the identity of the
7    court in which the action is filed, along with the docket
8    number and date of filing of the action.
9        (6) Any further pertinent information which the
10    reporting party deems to be an aid in the evaluation of the
11    report.
12    The Disciplinary Board or Department may also exercise the
13power under Section 38 of this Act to subpoena copies of
14hospital or medical records in mandatory report cases alleging
15death or permanent bodily injury. Appropriate rules shall be
16adopted by the Department with the approval of the
17Disciplinary Board.
18    When the Department has received written reports
19concerning incidents required to be reported in items (34),
20(35), and (36) of subsection (A) of Section 22, the licensee's
21failure to report the incident to the Department under those
22items shall not be the sole grounds for disciplinary action.
23    Nothing contained in this Section shall act to, in any
24way, waive or modify the confidentiality of medical reports
25and committee reports to the extent provided by law. Any
26information reported or disclosed shall be kept for the

 

 

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1confidential use of the Disciplinary Board, the Medical
2Coordinators, the Disciplinary Board's attorneys, the medical
3investigative staff, and authorized clerical staff, as
4provided in this Act, and shall be afforded the same status as
5is provided information concerning medical studies in Part 21
6of Article VIII of the Code of Civil Procedure, except that the
7Department may disclose information and documents to a
8federal, State, or local law enforcement agency pursuant to a
9subpoena in an ongoing criminal investigation or to a health
10care licensing body or medical licensing authority of this
11State or another state or jurisdiction pursuant to an official
12request made by that licensing body or medical licensing
13authority. Furthermore, information and documents disclosed to
14a federal, State, or local law enforcement agency may be used
15by that agency only for the investigation and prosecution of a
16criminal offense, or, in the case of disclosure to a health
17care licensing body or medical licensing authority, only for
18investigations and disciplinary action proceedings with regard
19to a license. Information and documents disclosed to the
20Department of Public Health may be used by that Department
21only for investigation and disciplinary action regarding the
22license of a health care institution licensed by the
23Department of Public Health.
24    (C) Immunity from prosecution. Any individual or
25organization acting in good faith, and not in a wilful and
26wanton manner, in complying with this Act by providing any

 

 

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1report or other information to the Disciplinary Board or a
2peer review committee, or assisting in the investigation or
3preparation of such information, or by voluntarily reporting
4to the Disciplinary Board or a peer review committee
5information regarding alleged errors or negligence by a person
6licensed under this Act, or by participating in proceedings of
7the Disciplinary Board or a peer review committee, or by
8serving as a member of the Disciplinary Board or a peer review
9committee, shall not, as a result of such actions, be subject
10to criminal prosecution or civil damages.
11    (D) Indemnification. Members of the Disciplinary Board,
12the Licensing Board, the Medical Coordinators, the
13Disciplinary Board's attorneys, the medical investigative
14staff, physicians retained under contract to assist and advise
15the medical coordinators in the investigation, and authorized
16clerical staff shall be indemnified by the State for any
17actions occurring within the scope of services on the
18Disciplinary Board or Licensing Board, done in good faith and
19not wilful and wanton in nature. The Attorney General shall
20defend all such actions unless he or she determines either
21that there would be a conflict of interest in such
22representation or that the actions complained of were not in
23good faith or were wilful and wanton.
24    Should the Attorney General decline representation, the
25member shall have the right to employ counsel of his or her
26choice, whose fees shall be provided by the State, after

 

 

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1approval by the Attorney General, unless there is a
2determination by a court that the member's actions were not in
3good faith or were wilful and wanton.
4    The member must notify the Attorney General within 7 days
5of receipt of notice of the initiation of any action involving
6services of the Disciplinary Board. Failure to so notify the
7Attorney General shall constitute an absolute waiver of the
8right to a defense and indemnification.
9    The Attorney General shall determine within 7 days after
10receiving such notice, whether he or she will undertake to
11represent the member.
12    (E) Deliberations of Disciplinary Board. Upon the receipt
13of any report called for by this Act, other than those reports
14of impaired persons licensed under this Act required pursuant
15to the rules of the Disciplinary Board, the Disciplinary Board
16shall notify in writing, by certified mail, the person who is
17the subject of the report. Such notification shall be made
18within 30 days of receipt by the Disciplinary Board of the
19report.
20    The notification shall include a written notice setting
21forth the person's right to examine the report. Included in
22such notification shall be the address at which the file is
23maintained, the name of the custodian of the reports, and the
24telephone number at which the custodian may be reached. The
25person who is the subject of the report shall submit a written
26statement responding, clarifying, adding to, or proposing the

 

 

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1amending of the report previously filed. The person who is the
2subject of the report shall also submit with the written
3statement any medical records related to the report. The
4statement and accompanying medical records shall become a
5permanent part of the file and must be received by the
6Disciplinary Board no more than 30 days after the date on which
7the person was notified by the Disciplinary Board of the
8existence of the original report.
9    The Disciplinary Board shall review all reports received
10by it, together with any supporting information and responding
11statements submitted by persons who are the subject of
12reports. The review by the Disciplinary Board shall be in a
13timely manner but in no event, shall the Disciplinary Board's
14initial review of the material contained in each disciplinary
15file be less than 61 days nor more than 180 days after the
16receipt of the initial report by the Disciplinary Board.
17    When the Disciplinary Board makes its initial review of
18the materials contained within its disciplinary files, the
19Disciplinary Board shall, in writing, make a determination as
20to whether there are sufficient facts to warrant further
21investigation or action. Failure to make such determination
22within the time provided shall be deemed to be a determination
23that there are not sufficient facts to warrant further
24investigation or action.
25    Should the Disciplinary Board find that there are not
26sufficient facts to warrant further investigation, or action,

 

 

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1the report shall be accepted for filing and the matter shall be
2deemed closed and so reported to the Secretary. The Secretary
3shall then have 30 days to accept the Disciplinary Board's
4decision or request further investigation. The Secretary shall
5inform the Board of the decision to request further
6investigation, including the specific reasons for the
7decision. The individual or entity filing the original report
8or complaint and the person who is the subject of the report or
9complaint shall be notified in writing by the Secretary of any
10final action on their report or complaint. The Department
11shall disclose to the individual or entity who filed the
12original report or complaint, on request, the status of the
13Disciplinary Board's review of a specific report or complaint.
14Such request may be made at any time, including prior to the
15Disciplinary Board's determination as to whether there are
16sufficient facts to warrant further investigation or action.
17    (F) Summary reports. The Disciplinary Board shall prepare,
18on a timely basis, but in no event less than once every other
19month, a summary report of final disciplinary actions taken
20upon disciplinary files maintained by the Disciplinary Board.
21The summary reports shall be made available to the public upon
22request and payment of the fees set by the Department. This
23publication may be made available to the public on the
24Department's website. Information or documentation relating to
25any disciplinary file that is closed without disciplinary
26action taken shall not be disclosed and shall be afforded the

 

 

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1same status as is provided by Part 21 of Article VIII of the
2Code of Civil Procedure.
3    (G) Any violation of this Section shall be a Class A
4misdemeanor.
5    (H) If any such person violates the provisions of this
6Section an action may be brought in the name of the People of
7the State of Illinois, through the Attorney General of the
8State of Illinois, for an order enjoining such violation or
9for an order enforcing compliance with this Section. Upon
10filing of a verified petition in such court, the court may
11issue a temporary restraining order without notice or bond and
12may preliminarily or permanently enjoin such violation, and if
13it is established that such person has violated or is
14violating the injunction, the court may punish the offender
15for contempt of court. Proceedings under this paragraph shall
16be in addition to, and not in lieu of, all other remedies and
17penalties provided for by this Section.
18(Source: P.A. 98-601, eff. 12-30-13; 99-143, eff. 7-27-15;
19revised 7-20-21.)
 
20    (Text of Section after amendment by P.A. 102-20)
21    (Section scheduled to be repealed on January 1, 2027)
22    Sec. 23. Reports relating to professional conduct and
23capacity.
24    (A) Entities required to report.
25        (1) Health care institutions. The chief administrator

 

 

HB0307 Enrolled- 158 -LRB102 11622 KTG 16956 b

1    or executive officer of any health care institution
2    licensed by the Illinois Department of Public Health shall
3    report to the Medical Board when any person's clinical
4    privileges are terminated or are restricted based on a
5    final determination made in accordance with that
6    institution's by-laws or rules and regulations that a
7    person has either committed an act or acts which may
8    directly threaten patient care or that a person may have a
9    mental or physical disability that may endanger patients
10    under that person's care. Such officer also shall report
11    if a person accepts voluntary termination or restriction
12    of clinical privileges in lieu of formal action based upon
13    conduct related directly to patient care or in lieu of
14    formal action seeking to determine whether a person may
15    have a mental or physical disability that may endanger
16    patients under that person's care. The Medical Board
17    shall, by rule, provide for the reporting to it by health
18    care institutions of all instances in which a person,
19    licensed under this Act, who is impaired by reason of age,
20    drug or alcohol abuse or physical or mental impairment, is
21    under supervision and, where appropriate, is in a program
22    of rehabilitation. Such reports shall be strictly
23    confidential and may be reviewed and considered only by
24    the members of the Medical Board, or by authorized staff
25    as provided by rules of the Medical Board. Provisions
26    shall be made for the periodic report of the status of any

 

 

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1    such person not less than twice annually in order that the
2    Medical Board shall have current information upon which to
3    determine the status of any such person. Such initial and
4    periodic reports of impaired physicians shall not be
5    considered records within the meaning of the The State
6    Records Act and shall be disposed of, following a
7    determination by the Medical Board that such reports are
8    no longer required, in a manner and at such time as the
9    Medical Board shall determine by rule. The filing of such
10    reports shall be construed as the filing of a report for
11    purposes of subsection (C) of this Section.
12        (1.5) Clinical training programs. The program director
13    of any post-graduate clinical training program shall
14    report to the Medical Board if a person engaged in a
15    post-graduate clinical training program at the
16    institution, including, but not limited to, a residency or
17    fellowship, separates from the program for any reason
18    prior to its conclusion. The program director shall
19    provide all documentation relating to the separation if,
20    after review of the report, the Medical Board determines
21    that a review of those documents is necessary to determine
22    whether a violation of this Act occurred.
23        (2) Professional associations. The President or chief
24    executive officer of any association or society, of
25    persons licensed under this Act, operating within this
26    State shall report to the Medical Board when the

 

 

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1    association or society renders a final determination that
2    a person has committed unprofessional conduct related
3    directly to patient care or that a person may have a mental
4    or physical disability that may endanger patients under
5    that person's care.
6        (3) Professional liability insurers. Every insurance
7    company which offers policies of professional liability
8    insurance to persons licensed under this Act, or any other
9    entity which seeks to indemnify the professional liability
10    of a person licensed under this Act, shall report to the
11    Medical Board the settlement of any claim or cause of
12    action, or final judgment rendered in any cause of action,
13    which alleged negligence in the furnishing of medical care
14    by such licensed person when such settlement or final
15    judgment is in favor of the plaintiff.
16        (4) State's Attorneys. The State's Attorney of each
17    county shall report to the Medical Board, within 5 days,
18    any instances in which a person licensed under this Act is
19    convicted of any felony or Class A misdemeanor. The
20    State's Attorney of each county may report to the Medical
21    Board through a verified complaint any instance in which
22    the State's Attorney believes that a physician has
23    willfully violated the notice requirements of the Parental
24    Notice of Abortion Act of 1995.
25        (5) State agencies. All agencies, boards, commissions,
26    departments, or other instrumentalities of the government

 

 

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1    of the State of Illinois shall report to the Medical Board
2    any instance arising in connection with the operations of
3    such agency, including the administration of any law by
4    such agency, in which a person licensed under this Act has
5    either committed an act or acts which may be a violation of
6    this Act or which may constitute unprofessional conduct
7    related directly to patient care or which indicates that a
8    person licensed under this Act may have a mental or
9    physical disability that may endanger patients under that
10    person's care.
11    (B) Mandatory reporting. All reports required by items
12(34), (35), and (36) of subsection (A) of Section 22 and by
13Section 23 shall be submitted to the Medical Board in a timely
14fashion. Unless otherwise provided in this Section, the
15reports shall be filed in writing within 60 days after a
16determination that a report is required under this Act. All
17reports shall contain the following information:
18        (1) The name, address and telephone number of the
19    person making the report.
20        (2) The name, address and telephone number of the
21    person who is the subject of the report.
22        (3) The name and date of birth of any patient or
23    patients whose treatment is a subject of the report, if
24    available, or other means of identification if such
25    information is not available, identification of the
26    hospital or other healthcare facility where the care at

 

 

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1    issue in the report was rendered, provided, however, no
2    medical records may be revealed.
3        (4) A brief description of the facts which gave rise
4    to the issuance of the report, including the dates of any
5    occurrences deemed to necessitate the filing of the
6    report.
7        (5) If court action is involved, the identity of the
8    court in which the action is filed, along with the docket
9    number and date of filing of the action.
10        (6) Any further pertinent information which the
11    reporting party deems to be an aid in the evaluation of the
12    report.
13    The Medical Board or Department may also exercise the
14power under Section 38 of this Act to subpoena copies of
15hospital or medical records in mandatory report cases alleging
16death or permanent bodily injury. Appropriate rules shall be
17adopted by the Department with the approval of the Medical
18Board.
19    When the Department has received written reports
20concerning incidents required to be reported in items (34),
21(35), and (36) of subsection (A) of Section 22, the licensee's
22failure to report the incident to the Department under those
23items shall not be the sole grounds for disciplinary action.
24    Nothing contained in this Section shall act to, in any
25way, waive or modify the confidentiality of medical reports
26and committee reports to the extent provided by law. Any

 

 

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1information reported or disclosed shall be kept for the
2confidential use of the Medical Board, the Medical
3Coordinators, the Medical Board's attorneys, the medical
4investigative staff, and authorized clerical staff, as
5provided in this Act, and shall be afforded the same status as
6is provided information concerning medical studies in Part 21
7of Article VIII of the Code of Civil Procedure, except that the
8Department may disclose information and documents to a
9federal, State, or local law enforcement agency pursuant to a
10subpoena in an ongoing criminal investigation or to a health
11care licensing body or medical licensing authority of this
12State or another state or jurisdiction pursuant to an official
13request made by that licensing body or medical licensing
14authority. Furthermore, information and documents disclosed to
15a federal, State, or local law enforcement agency may be used
16by that agency only for the investigation and prosecution of a
17criminal offense, or, in the case of disclosure to a health
18care licensing body or medical licensing authority, only for
19investigations and disciplinary action proceedings with regard
20to a license. Information and documents disclosed to the
21Department of Public Health may be used by that Department
22only for investigation and disciplinary action regarding the
23license of a health care institution licensed by the
24Department of Public Health.
25    (C) Immunity from prosecution. Any individual or
26organization acting in good faith, and not in a wilful and

 

 

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1wanton manner, in complying with this Act by providing any
2report or other information to the Medical Board or a peer
3review committee, or assisting in the investigation or
4preparation of such information, or by voluntarily reporting
5to the Medical Board or a peer review committee information
6regarding alleged errors or negligence by a person licensed
7under this Act, or by participating in proceedings of the
8Medical Board or a peer review committee, or by serving as a
9member of the Medical Board or a peer review committee, shall
10not, as a result of such actions, be subject to criminal
11prosecution or civil damages.
12    (D) Indemnification. Members of the Medical Board, the
13Medical Coordinators, the Medical Board's attorneys, the
14medical investigative staff, physicians retained under
15contract to assist and advise the medical coordinators in the
16investigation, and authorized clerical staff shall be
17indemnified by the State for any actions occurring within the
18scope of services on the Medical Board, done in good faith and
19not wilful and wanton in nature. The Attorney General shall
20defend all such actions unless he or she determines either
21that there would be a conflict of interest in such
22representation or that the actions complained of were not in
23good faith or were wilful and wanton.
24    Should the Attorney General decline representation, the
25member shall have the right to employ counsel of his or her
26choice, whose fees shall be provided by the State, after

 

 

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1approval by the Attorney General, unless there is a
2determination by a court that the member's actions were not in
3good faith or were wilful and wanton.
4    The member must notify the Attorney General within 7 days
5of receipt of notice of the initiation of any action involving
6services of the Medical Board. Failure to so notify the
7Attorney General shall constitute an absolute waiver of the
8right to a defense and indemnification.
9    The Attorney General shall determine within 7 days after
10receiving such notice, whether he or she will undertake to
11represent the member.
12    (E) Deliberations of Medical Board. Upon the receipt of
13any report called for by this Act, other than those reports of
14impaired persons licensed under this Act required pursuant to
15the rules of the Medical Board, the Medical Board shall notify
16in writing, by mail or email, the person who is the subject of
17the report. Such notification shall be made within 30 days of
18receipt by the Medical Board of the report.
19    The notification shall include a written notice setting
20forth the person's right to examine the report. Included in
21such notification shall be the address at which the file is
22maintained, the name of the custodian of the reports, and the
23telephone number at which the custodian may be reached. The
24person who is the subject of the report shall submit a written
25statement responding, clarifying, adding to, or proposing the
26amending of the report previously filed. The person who is the

 

 

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1subject of the report shall also submit with the written
2statement any medical records related to the report. The
3statement and accompanying medical records shall become a
4permanent part of the file and must be received by the Medical
5Board no more than 30 days after the date on which the person
6was notified by the Medical Board of the existence of the
7original report.
8    The Medical Board shall review all reports received by it,
9together with any supporting information and responding
10statements submitted by persons who are the subject of
11reports. The review by the Medical Board shall be in a timely
12manner but in no event, shall the Medical Board's initial
13review of the material contained in each disciplinary file be
14less than 61 days nor more than 180 days after the receipt of
15the initial report by the Medical Board.
16    When the Medical Board makes its initial review of the
17materials contained within its disciplinary files, the Medical
18Board shall, in writing, make a determination as to whether
19there are sufficient facts to warrant further investigation or
20action. Failure to make such determination within the time
21provided shall be deemed to be a determination that there are
22not sufficient facts to warrant further investigation or
23action.
24    Should the Medical Board find that there are not
25sufficient facts to warrant further investigation, or action,
26the report shall be accepted for filing and the matter shall be

 

 

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1deemed closed and so reported to the Secretary. The Secretary
2shall then have 30 days to accept the Medical Board's decision
3or request further investigation. The Secretary shall inform
4the Medical Board of the decision to request further
5investigation, including the specific reasons for the
6decision. The individual or entity filing the original report
7or complaint and the person who is the subject of the report or
8complaint shall be notified in writing by the Secretary of any
9final action on their report or complaint. The Department
10shall disclose to the individual or entity who filed the
11original report or complaint, on request, the status of the
12Medical Board's review of a specific report or complaint. Such
13request may be made at any time, including prior to the Medical
14Board's determination as to whether there are sufficient facts
15to warrant further investigation or action.
16    (F) Summary reports. The Medical Board shall prepare, on a
17timely basis, but in no event less than once every other month,
18a summary report of final disciplinary actions taken upon
19disciplinary files maintained by the Medical Board. The
20summary reports shall be made available to the public upon
21request and payment of the fees set by the Department. This
22publication may be made available to the public on the
23Department's website. Information or documentation relating to
24any disciplinary file that is closed without disciplinary
25action taken shall not be disclosed and shall be afforded the
26same status as is provided by Part 21 of Article VIII of the

 

 

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1Code of Civil Procedure.
2    (G) Any violation of this Section shall be a Class A
3misdemeanor.
4    (H) If any such person violates the provisions of this
5Section an action may be brought in the name of the People of
6the State of Illinois, through the Attorney General of the
7State of Illinois, for an order enjoining such violation or
8for an order enforcing compliance with this Section. Upon
9filing of a verified petition in such court, the court may
10issue a temporary restraining order without notice or bond and
11may preliminarily or permanently enjoin such violation, and if
12it is established that such person has violated or is
13violating the injunction, the court may punish the offender
14for contempt of court. Proceedings under this paragraph shall
15be in addition to, and not in lieu of, all other remedies and
16penalties provided for by this Section.
17(Source: P.A. 102-20, eff. 1-1-22; revised 7-20-21.)
 
18    Section 135. The Veterinary Medicine and Surgery Practice
19Act of 2004 is amended by changing Section 25.2a as follows:
 
20    (225 ILCS 115/25.2a)
21    (Section scheduled to be repealed on January 1, 2024)
22    Sec. 25.2a. Confidentiality. All information collected by
23the Department in the course of an examination or
24investigation of a licensee or applicant, including, but not

 

 

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1limited to, any complaint against a licensee filed with the
2Department and information collected to investigate any such
3complaint, shall be maintained for the confidential use of the
4Department and shall not be disclosed. The Department may not
5disclose the information to anyone other than law enforcement
6officials, other regulatory agencies that have an appropriate
7regulatory interest as determined by the Secretary, or to a
8party presenting a lawful subpoena to the Department.
9Information and documents disclosed to a federal, State,
10county, or local law enforcement agency shall not be disclosed
11by the agency for any purpose to any other agency or person. A
12formal complaint filed against a licensee by the Department or
13any order issued by the Department against a licensee or
14applicant shall be a public record, except as otherwise
15prohibited by law.
16(Source: P.A. 98-339, eff. 12-31-13; revised 7-16-21.)
 
17    Section 140. The Cemetery Oversight Act is amended by
18changing Section 25-10 as follows:
 
19    (225 ILCS 411/25-10)
20    (Section scheduled to be repealed on January 1, 2027)
21    Sec. 25-10. Grounds for disciplinary action.
22    (a) The Department may refuse to issue or renew a license
23or may revoke, suspend, place on probation, reprimand, or take
24other disciplinary or non-disciplinary action as the

 

 

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1Department may deem appropriate, including fines not to exceed
2$10,000 for each violation, with regard to any license under
3this Act, for any one or combination of the following:
4        (1) Material misstatement in furnishing information to
5    the Department.
6        (2) Violations of this Act, except for Section 20-8.
7        (3) Conviction of or entry of a plea of guilty or nolo
8    contendere, finding of guilt, jury verdict, or entry of
9    judgment or sentencing, including, but not limited to,
10    convictions, preceding sentences of supervision,
11    conditional discharge, or first offender probation under
12    the law of any jurisdiction of the United States that is
13    (i) a Class X felony or (ii) a felony, an essential element
14    of which is fraud or dishonesty that is directly related
15    to the practice of cemetery operations.
16        (4) Fraud or any misrepresentation in applying for or
17    procuring a license under this Act or in connection with
18    applying for renewal.
19        (5) Incompetence or misconduct in the practice of
20    cemetery operations.
21        (6) Gross malpractice.
22        (7) Aiding or assisting another person in violating
23    any provision of this Act or rules adopted under this Act.
24        (8) Failing, within 10 business days, to provide
25    information in response to a written request made by the
26    Department.

 

 

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1        (9) Engaging in dishonorable, unethical, or
2    unprofessional conduct of a character likely to deceive,
3    defraud, or harm the public.
4        (10) Habitual or excessive use or abuse of drugs
5    defined in law as controlled substances, alcohol,
6    narcotics, stimulants, or any other substances that
7    results in the inability to practice pursuant to the
8    provisions of this Act with reasonable judgment, skill, or
9    safety while acting under the provisions of this Act.
10        (11) Discipline by another state, territory, foreign
11    country, the District of Columbia, the United States
12    government, or any other government agency, if at least
13    one of the grounds for the discipline is the same or
14    substantially equivalent to those set forth in this Act.
15        (12) Directly or indirectly giving to or receiving
16    from any person, firm, corporation, partnership, or
17    association any fee, commission, rebate, or other form of
18    compensation for professional services not actually or
19    personally rendered.
20        (13) A finding by the Department that the licensee,
21    after having his or her license placed on probationary
22    status, has violated the terms of probation or failed to
23    comply with such terms.
24        (14) Willfully making or filing false records or
25    reports in his or her practice, including, but not limited
26    to, false records filed with any governmental agency or

 

 

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1    department.
2        (15) Inability to practice the profession with
3    reasonable judgment, skill, or safety as a result of
4    physical illness, including, but not limited to, loss of
5    motor skill, mental illness, or disability.
6        (16) Failure to comply with an order, decision, or
7    finding of the Department made pursuant to this Act.
8        (17) Directly or indirectly receiving compensation for
9    any professional services not actually performed.
10        (18) Practicing under a false or, except as provided
11    by law, an assumed name.
12        (19) Using or attempting to use an expired, inactive,
13    suspended, or revoked license or impersonating another
14    licensee.
15        (20) A finding by the Department that an applicant or
16    licensee has failed to pay a fine imposed by the
17    Department.
18        (21) Unjustified failure to honor its contracts.
19        (22) Negligent supervision of a cemetery manager,
20    customer service employee, employee, or independent
21    contractor.
22        (23) (Blank).
23        (24) (Blank).
24        (25) (Blank).
25    (b) No action may be taken under this Act against a person
26licensed under this Act for an occurrence or alleged

 

 

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1occurrence that predates the enactment of this Act.
2    (c) In enforcing this Section, the Department, upon a
3showing of a possible violation, may order a licensee or
4applicant to submit to a mental or physical examination, or
5both, at the expense of the Department. The Department may
6order the examining physician to present testimony concerning
7his or her examination of the licensee or applicant. No
8information shall be excluded by reason of any common law or
9statutory privilege relating to communications between the
10licensee or applicant and the examining physician. The
11examining physicians shall be specifically designated by the
12Department. The licensee or applicant may have, at his or her
13own expense, another physician of his or her choice present
14during all aspects of the examination. Failure of a licensee
15or applicant to submit to any such examination when directed,
16without reasonable cause, shall be grounds for either
17immediate suspension suspending of his or her license or
18immediate denial of his or her application.
19        (1) If the Secretary immediately suspends the license
20    of a licensee for his or her failure to submit to a mental
21    or physical examination when directed, a hearing must be
22    convened by the Department within 15 days after the
23    suspension and completed without appreciable delay.
24        (2) If the Secretary otherwise suspends a license
25    pursuant to the results of the licensee's mental or
26    physical examination, a hearing must be convened by the

 

 

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1    Department within 15 days after the suspension and
2    completed without appreciable delay. The Department shall
3    have the authority to review the licensee's record of
4    treatment and counseling regarding the relevant impairment
5    or impairments to the extent permitted by applicable
6    federal statutes and regulations safeguarding the
7    confidentiality of medical records.
8        (3) Any licensee suspended under this subsection shall
9    be afforded an opportunity to demonstrate to the
10    Department that he or she can resume practice in
11    compliance with the acceptable and prevailing standards
12    under the provisions of his or her license.
13    (d) The determination by a circuit court that a licensee
14is subject to involuntary admission or judicial admission, as
15provided in the Mental Health and Developmental Disabilities
16Code, operates as an automatic suspension. Such suspension may
17end only upon a finding by a court that the patient is no
18longer subject to involuntary admission or judicial admission,
19the issuance of an order so finding and discharging the
20patient, and the filing of a petition for restoration
21demonstrating fitness to practice.
22    (e) In cases where the Department of Healthcare and Family
23Services has previously determined that a licensee or a
24potential licensee is more than 30 days delinquent in the
25payment of child support and has subsequently certified the
26delinquency to the Department, the Department shall refuse to

 

 

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1issue or renew or shall revoke or suspend that person's
2license or shall take other disciplinary action against that
3person based solely upon the certification of delinquency made
4by the Department of Healthcare and Family Services under
5paragraph (5) of subsection (a) of Section 2105-15 of the
6Department of Professional Regulation Law of the Civil
7Administrative Code of Illinois.
8    (f) The Department shall refuse to issue or renew or shall
9revoke or suspend a person's license or shall take other
10disciplinary action against that person for his or her failure
11to file a return, to pay the tax, penalty, or interest shown in
12a filed return, or to pay any final assessment of tax, penalty,
13or interest as required by any tax Act administered by the
14Department of Revenue, until the requirements of the tax Act
15are satisfied in accordance with subsection (g) of Section
162105-15 of the Department of Professional Regulation Law of
17the Civil Administrative Code of Illinois.
18(Source: P.A. 102-20, eff. 6-25-21; revised 7-20-21.)
 
19    Section 145. The Real Estate Appraiser Licensing Act of
202002 is amended by changing Sections 1-5, 1-10, and 25-20 as
21follows:
 
22    (225 ILCS 458/1-5)
23    (Section scheduled to be repealed on January 1, 2027)
24    Sec. 1-5. Legislative intent. The intent of the General

 

 

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1Assembly in enacting this Act is to evaluate the competency of
2persons engaged in the appraisal of real estate and to license
3and regulate those persons for the protection of the public.
4Additionally, it is the intent of the General Assembly for
5this Act to be consistent with the provisions of Title XI of
6the federal Financial Institutions Reform, Recovery, and
7Enforcement Act of 1989.
8(Source: P.A. 98-1109, eff. 1-1-15; revised 8-2-21.)
 
9    (225 ILCS 458/1-10)
10    (Text of Section before amendment by P.A. 102-20)
11    (Section scheduled to be repealed on January 1, 2027)
12    Sec. 1-10. Definitions. As used in this Act, unless the
13context otherwise requires:
14    "Accredited college or university, junior college, or
15community college" means a college or university, junior
16college, or community college that is approved or accredited
17by the Board of Higher Education, a regional or national
18accreditation association, or by an accrediting agency that is
19recognized by the U.S. Secretary of Education.
20    "Address of record" means the designated address recorded
21by the Department in the applicant's or licensee's application
22file or license file as maintained by the Department's
23licensure maintenance unit. It is the duty of the applicant or
24licensee to inform the Department of any change of address and
25those changes must be made either through the Department's

 

 

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1website or by contacting the Department.
2    "Applicant" means a person who applies to the Department
3for a license under this Act.
4    "Appraisal" means (noun) the act or process of developing
5an opinion of value; an opinion of value (adjective) of or
6pertaining to appraising and related functions, such as
7appraisal practice or appraisal services.
8    "Appraisal assignment" means a valuation service provided
9as a consequence of an agreement between an appraiser and a
10client.
11    "Appraisal consulting" means the act or process of
12developing an analysis, recommendation, or opinion to solve a
13problem, where an opinion of value is a component of the
14analysis leading to the assignment results.
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; (2)
25provides appraisal management services in connection with
26valuing the consumer's principal dwelling as security for a

 

 

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1consumer credit transaction (including consumer credit
2transactions incorporated into securitizations); (3) within a
3given year, oversees an appraiser panel of any size of
4State-certified appraisers in Illinois; and (4) any appraisal
5management company that, within a given year, oversees an
6appraiser panel of 16 or more State-certified appraisers in
7Illinois or 25 or more State-certified or State-licensed
8appraisers in 2 or more jurisdictions shall be subject to the
9appraisal management company national registry fee in addition
10to the appraiser panel fee. "Appraisal management company"
11includes a hybrid entity.
12    "Appraisal practice" means valuation services performed by
13an individual acting as an appraiser, including, but not
14limited to, appraisal, appraisal review, or appraisal
15consulting.
16    "Appraisal report" means any communication, written or
17oral, of an appraisal or appraisal review that is transmitted
18to a client upon completion of an assignment.
19    "Appraisal review" means the act or process of developing
20and communicating an opinion about the quality of another
21appraiser's work that was performed as part of an appraisal,
22appraisal review, or appraisal assignment.
23    "Appraisal Subcommittee" means the Appraisal Subcommittee
24of the Federal Financial Institutions Examination Council as
25established by Title XI.
26    "Appraiser" means a person who performs real estate or

 

 

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1real property appraisals.
2    "AQB" means the Appraisal Qualifications Board of the
3Appraisal Foundation.
4    "Associate real estate trainee appraiser" means an
5entry-level appraiser who holds a license of this
6classification under this Act with restrictions as to the
7scope of practice in accordance with this Act.
8    "Board" means the Real Estate Appraisal Administration and
9Disciplinary Board.
10    "Broker price opinion" means an estimate or analysis of
11the probable selling price of a particular interest in real
12estate, which may provide a varying level of detail about the
13property's condition, market, and neighborhood and information
14on comparable sales. The activities of a real estate broker or
15managing broker engaging in the ordinary course of business as
16a broker, as defined in this Section, shall not be considered a
17broker price opinion if no compensation is paid to the broker
18or managing broker, other than compensation based upon the
19sale or rental of real estate.
20    "Classroom hour" means 50 minutes of instruction out of
21each 60-minute 60 minute segment of coursework.
22    "Client" means the party or parties who engage an
23appraiser by employment or contract in a specific appraisal
24assignment.
25    "Comparative market analysis" is an analysis or opinion
26regarding pricing, marketing, or financial aspects relating to

 

 

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1a specified interest or interests in real estate that may be
2based upon an analysis of comparative market data, the
3expertise of the real estate broker or managing broker, and
4such other factors as the broker or managing broker may deem
5appropriate in developing or preparing such analysis or
6opinion. The activities of a real estate broker or managing
7broker engaging in the ordinary course of business as a
8broker, as defined in this Section, shall not be considered a
9comparative market analysis if no compensation is paid to the
10broker or managing broker, other than compensation based upon
11the sale or rental of real estate.
12    "Coordinator" means the Coordinator of Real Estate
13Appraisal of the Division of Professional Regulation of the
14Department of Financial and Professional Regulation.
15    "Department" means the Department of Financial and
16Professional Regulation.
17    "Federal financial institutions regulatory agencies" means
18the Board of Governors of the Federal Reserve System, the
19Federal Deposit Insurance Corporation, the Office of the
20Comptroller of the Currency, the Consumer Financial Protection
21Bureau, and the National Credit Union Administration.
22    "Federally related transaction" means any real
23estate-related financial transaction in which a federal
24financial institutions regulatory agency engages in, contracts
25for, or regulates and requires the services of an appraiser.
26    "Financial institution" means any bank, savings bank,

 

 

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1savings and loan association, credit union, mortgage broker,
2mortgage banker, licensee under the Consumer Installment Loan
3Act or the Sales Finance Agency Act, or a corporate fiduciary,
4subsidiary, affiliate, parent company, or holding company of
5any such licensee, or any institution involved in real estate
6financing that is regulated by state or federal law.
7    "Multi-state licensing system" means a web-based platform
8that allows an applicant to submit his or her application or
9license renewal application to the Department online.
10    "Person" means an individual, entity, sole proprietorship,
11corporation, limited liability company, partnership, and joint
12venture, foreign or domestic, except that when the context
13otherwise requires, the term may refer to more than one
14individual or other described entity.
15    "Real estate" means an identified parcel or tract of land,
16including any improvements.
17    "Real estate related financial transaction" means any
18transaction involving:
19        (1) the sale, lease, purchase, investment in, or
20    exchange of real property, including interests in property
21    or the financing thereof;
22        (2) the refinancing of real property or interests in
23    real property; and
24        (3) the use of real property or interest in property
25    as security for a loan or investment, including mortgage
26    backed securities.

 

 

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

 

 

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1property without regard to transaction value or complexity.
2    "Title XI" means Title XI of the federal Financial
3Institutions Reform, Recovery, and Enforcement Act of 1989.
4    "USPAP" means the Uniform Standards of Professional
5Appraisal Practice as promulgated by the Appraisal Standards
6Board pursuant to Title XI and by rule.
7    "Valuation services" means services pertaining to aspects
8of property value.
9(Source: P.A. 100-604, eff. 7-13-18; revised 7-20-21.)
 
10    (Text of Section after amendment by P.A. 102-20)
11    (Section scheduled to be repealed on January 1, 2027)
12    Sec. 1-10. Definitions. As used in this Act, unless the
13context otherwise requires:
14    "Accredited college or university, junior college, or
15community college" means a college or university, junior
16college, or community college that is approved or accredited
17by the Board of Higher Education, a regional or national
18accreditation association, or by an accrediting agency that is
19recognized by the U.S. Secretary of Education.
20    "Address of record" means the designated street address,
21which may not be a post office box, recorded by the Department
22in the applicant's or licensee's application file or license
23file as maintained by the Department.
24    "Applicant" means a person who applies to the Department
25for a license under this Act.

 

 

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1    "Appraisal" means (noun) the act or process of developing
2an opinion of value; an opinion of value (adjective) of or
3pertaining to appraising and related functions, such as
4appraisal practice or appraisal services.
5    "Appraisal assignment" means a valuation service provided
6pursuant to an agreement between an appraiser and a client.
7    "Appraisal firm" means an appraisal entity that is 100%
8owned and controlled by a person or persons licensed in
9Illinois as a certified general real estate appraiser or a
10certified residential real estate appraiser. "Appraisal firm"
11does not include an appraisal management company.
12    "Appraisal management company" means any corporation,
13limited liability company, partnership, sole proprietorship,
14subsidiary, unit, or other business entity that directly or
15indirectly: (1) provides appraisal management services to
16creditors or secondary mortgage market participants, including
17affiliates; (2) provides appraisal management services in
18connection with valuing the consumer's principal dwelling as
19security for a consumer credit transaction (including consumer
20credit transactions incorporated into securitizations); and
21(3) any appraisal management company that, within a given
2212-month period, oversees an appraiser panel of 16 or more
23State-certified appraisers in Illinois or 25 or more
24State-certified or State-licensed appraisers in 2 or more
25jurisdictions. "Appraisal management company" includes a
26hybrid entity.

 

 

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1    "Appraisal practice" means valuation services performed by
2an individual acting as an appraiser, including, but not
3limited to, appraisal or appraisal review.
4    "Appraisal report" means any communication, written or
5oral, of an appraisal or appraisal review that is transmitted
6to a client upon completion of an assignment.
7    "Appraisal review" means the act or process of developing
8and communicating an opinion about the quality of another
9appraiser's work that was performed as part of an appraisal,
10appraisal review, or appraisal assignment.
11    "Appraisal Subcommittee" means the Appraisal Subcommittee
12of the Federal Financial Institutions Examination Council as
13established by Title XI.
14    "Appraiser" means a person who performs real estate or
15real property appraisals competently and in a manner that is
16independent, impartial, and objective.
17    "Appraiser panel" means a network, list, or roster of
18licensed or certified appraisers approved by the appraisal
19management company or by the end-user client to perform
20appraisals as independent contractors for the appraisal
21management company. "Appraiser panel" includes both appraisers
22accepted by an appraisal management company for consideration
23for future appraisal assignments and appraisers engaged by an
24appraisal management company to perform one or more
25appraisals. For the purposes of determining the size of an
26appraiser panel, only independent contractors of hybrid

 

 

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1entities shall be counted towards the appraiser panel.
2    "AQB" means the Appraisal Qualifications Board of the
3Appraisal Foundation.
4    "Associate real estate trainee appraiser" means an
5entry-level appraiser who holds a license of this
6classification under this Act with restrictions as to the
7scope of practice in accordance with this Act.
8    "Automated valuation model" means an automated system that
9is used to derive a property value through the use of available
10property records and various analytic methodologies such as
11comparable sales prices, home characteristics, and price
12changes.
13    "Board" means the Real Estate Appraisal Administration and
14Disciplinary Board.
15    "Broker price opinion" means an estimate or analysis of
16the probable selling price of a particular interest in real
17estate, which may provide a varying level of detail about the
18property's condition, market, and neighborhood and information
19on comparable sales. The activities of a real estate broker or
20managing broker engaging in the ordinary course of business as
21a broker, as defined in this Section, shall not be considered a
22broker price opinion if no compensation is paid to the broker
23or managing broker, other than compensation based upon the
24sale or rental of real estate.
25    "Classroom hour" means 50 minutes of instruction out of
26each 60-minute 60 minute segment of coursework.

 

 

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1    "Client" means the party or parties who engage an
2appraiser by employment or contract in a specific appraisal
3assignment.
4    "Comparative market analysis" is an analysis or opinion
5regarding pricing, marketing, or financial aspects relating to
6a specified interest or interests in real estate that may be
7based upon an analysis of comparative market data, the
8expertise of the real estate broker or managing broker, and
9such other factors as the broker or managing broker may deem
10appropriate in developing or preparing such analysis or
11opinion. The activities of a real estate broker or managing
12broker engaging in the ordinary course of business as a
13broker, as defined in this Section, shall not be considered a
14comparative market analysis if no compensation is paid to the
15broker or managing broker, other than compensation based upon
16the sale or rental of real estate.
17    "Coordinator" means the Real Estate Appraisal Coordinator
18created in Section 25-15.
19    "Department" means the Department of Financial and
20Professional Regulation.
21    "Email address of record" means the designated email
22address recorded by the Department in the applicant's
23application file or the licensee's license file maintained by
24the Department.
25    "Evaluation" means a valuation permitted by the appraisal
26regulations of the Federal Financial Institutions Examination

 

 

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1Council and its federal agencies for transactions that qualify
2for the appraisal threshold exemption, business loan
3exemption, or subsequent transaction exemption.
4    "Federal financial institutions regulatory agencies" means
5the Board of Governors of the Federal Reserve System, the
6Federal Deposit Insurance Corporation, the Office of the
7Comptroller of the Currency, the Consumer Financial Protection
8Bureau, and the National Credit Union Administration.
9    "Federally related transaction" means any real
10estate-related financial transaction in which a federal
11financial institutions regulatory agency engages in, contracts
12for, or regulates and requires the services of an appraiser.
13    "Financial institution" means any bank, savings bank,
14savings and loan association, credit union, mortgage broker,
15mortgage banker, licensee under the Consumer Installment Loan
16Act or the Sales Finance Agency Act, or a corporate fiduciary,
17subsidiary, affiliate, parent company, or holding company of
18any such licensee, or any institution involved in real estate
19financing that is regulated by state or federal law.
20    "Hybrid entity" means an appraisal management company that
21hires an appraiser as an employee to perform an appraisal and
22engages an independent contractor to perform an appraisal.
23    "License" means the privilege conferred by the Department
24to a person that has fulfilled all requirements prerequisite
25to any type of licensure under this Act.
26    "Licensee" means any person, as defined in this Section,

 

 

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1who holds a valid unexpired license.
2    "Multi-state licensing system" means a web-based platform
3that allows an applicant to submit the application or license
4renewal application to the Department online.
5    "Person" means an individual, entity, sole proprietorship,
6corporation, limited liability company, partnership, and joint
7venture, foreign or domestic, except that when the context
8otherwise requires, the term may refer to more than one
9individual or other described entity.
10    "Real estate" means an identified parcel or tract of land,
11including any improvements.
12    "Real estate related financial transaction" means any
13transaction involving:
14        (1) the sale, lease, purchase, investment in, or
15    exchange of real property, including interests in property
16    or the financing thereof;
17        (2) the refinancing of real property or interests in
18    real property; and
19        (3) the use of real property or interest in property
20    as security for a loan or investment, including mortgage
21    backed securities.
22    "Real property" means the interests, benefits, and rights
23inherent in the ownership of real estate.
24    "Secretary" means the Secretary of Financial and
25Professional Regulation or the Secretary's designee.
26    "State certified general real estate appraiser" means an

 

 

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1appraiser who holds a license of this classification under
2this Act and such classification applies to the appraisal of
3all types of real property without restrictions as to the
4scope of practice.
5    "State certified residential real estate appraiser" means
6an appraiser who holds a license of this classification under
7this Act and such classification applies to the appraisal of
8one to 4 units of residential real property without regard to
9transaction value or complexity, but with restrictions as to
10the scope of practice in a federally related transaction in
11accordance with Title XI, the provisions of USPAP, criteria
12established by the AQB, and further defined by rule.
13    "Supervising appraiser" means either (i) an appraiser who
14holds a valid license under this Act as either a State
15certified general real estate appraiser or a State certified
16residential real estate appraiser, who co-signs an appraisal
17report for an associate real estate trainee appraiser or (ii)
18a State certified general real estate appraiser who holds a
19valid license under this Act who co-signs an appraisal report
20for a State certified residential real estate appraiser on
21properties other than one to 4 units of residential real
22property without regard to transaction value or complexity.
23    "Title XI" means Title XI of the federal Financial
24Institutions Reform, Recovery, and Enforcement Act of 1989.
25    "USPAP" means the Uniform Standards of Professional
26Appraisal Practice as promulgated by the Appraisal Standards

 

 

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1Board pursuant to Title XI and by rule.
2    "Valuation services" means services pertaining to aspects
3of property value.
4(Source: P.A. 102-20, eff. 1-1-22; revised 7-20-21.)
 
5    (225 ILCS 458/25-20)
6    (Text of Section before amendment by P.A. 102-20)
7    (Section scheduled to be repealed on January 1, 2027)
8    Sec. 25-20. Department; powers and duties. The Department
9of Financial and Professional Regulation shall exercise the
10powers and duties prescribed by the Civil Administrative Code
11of Illinois for the administration of licensing Acts and shall
12exercise such other powers and duties as are prescribed by
13this Act for the administration of this Act. The Department
14may contract with third parties for services necessary for the
15proper administration of this Act, including, without
16limitation, investigators with the proper knowledge, training,
17and skills to properly investigate complaints against real
18estate appraisers.
19    In addition, the Department may receive federal financial
20assistance, either directly from the federal government or
21indirectly through another source, public or private, for the
22administration of this Act. The Department may also receive
23transfers, gifts, grants, or donations from any source, public
24or private, in the form of funds, services, equipment,
25supplies, or materials. Any funds received pursuant to this

 

 

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1Section shall be deposited in the Appraisal Administration
2Fund unless deposit in a different fund is otherwise mandated,
3and shall be used in accordance with the requirements of the
4federal financial assistance, gift, grant, or donation for
5purposes related to the powers and duties of the Department.
6    The Department shall maintain and update a registry of the
7names and addresses of all licensees and a listing of
8disciplinary orders issued pursuant to this Act and shall
9transmit the registry, along with any national registry fees
10that may be required, to the entity specified by, and in a
11manner consistent with, Title XI of the federal Financial
12Institutions Reform, Recovery, and Enforcement Act of 1989.
13(Source: P.A. 102-16, eff. 6-17-21; revised 7-17-21.)
 
14    (Text of Section after 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 investigate complaints against real estate

 

 

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1appraisers.
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; 102-20, eff. 1-1-22;
22revised 7-17-21.)
 
23    Section 150. The Appraisal Management Company Registration
24Act is amended by changing Section 10 as follows:
 

 

 

HB0307 Enrolled- 194 -LRB102 11622 KTG 16956 b

1    (225 ILCS 459/10)
2    (Text of Section before amendment by P.A. 102-20)
3    Sec. 10. Definitions. In this Act:
4    "Address of record" means the principal address recorded
5by the Department in the applicant's or registrant's
6application file or registration file maintained by the
7Department's registration maintenance unit.
8    "Applicant" means a person or entity who applies to the
9Department for a registration under this Act.
10    "Appraisal" means (noun) the act or process of developing
11an opinion of value; an opinion of value (adjective) of or
12pertaining to appraising and related functions.
13    "Appraisal firm" means an appraisal entity that is 100%
14owned and controlled by a person or persons licensed in
15Illinois as a certified general real estate appraiser or a
16certified residential real estate appraiser. An appraisal firm
17does not include an appraisal management company.
18    "Appraisal management company" means any corporation,
19limited liability company, partnership, sole proprietorship,
20subsidiary, unit, or other business entity that directly or
21indirectly: (1) provides appraisal management services to
22creditors or secondary mortgage market participants; (2)
23provides appraisal management services in connection with
24valuing the consumer's principal dwelling as security for a
25consumer credit transaction (including consumer credit
26transactions incorporated into securitizations); (3) within a

 

 

HB0307 Enrolled- 195 -LRB102 11622 KTG 16956 b

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

 

 

HB0307 Enrolled- 196 -LRB102 11622 KTG 16956 b

1    for services performed; or
2        (4) reviewing and verifying the work of appraisers.
3    "Appraiser panel" means a network, list, or roster of
4licensed or certified appraisers approved by the appraisal
5management company or by the end-user client to perform
6appraisals for the appraisal management company. "Appraiser
7panel" includes both appraisers accepted by an appraisal
8management company for consideration for future appraisal
9assignments and appraisers engaged by an appraisal management
10company to perform one or more appraisals.
11    "Appraiser panel fee" means the amount collected from a
12registrant that, where applicable, includes an appraisal
13management company's national registry fee.
14    "Appraisal report" means a written appraisal by an
15appraiser to a client.
16    "Appraisal practice service" means valuation services
17performed by an individual acting as an appraiser, including,
18but not limited to, appraisal or appraisal review.
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.
24    "Assignment result" means an appraiser's opinions and
25conclusions developed specific to an assignment.
26    "Audit" includes, but is not limited to, an annual or

 

 

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

 

 

HB0307 Enrolled- 198 -LRB102 11622 KTG 16956 b

1Management Company Registration Unit of the Department or his
2or her designee.
3    "Covered transaction" means a consumer credit transaction
4secured by a consumer's principal dwelling.
5    "Department" means the Department of Financial and
6Professional Regulation.
7    "Email address of record" means the designated email
8address recorded by the Department in the applicant's
9application file or the registrant's registration file
10maintained by the Department's registration maintenance unit.
11    "Entity" means a corporation, a limited liability company,
12partnership, a sole proprietorship, or other entity providing
13services or holding itself out to provide services as an
14appraisal management company or an appraisal management
15service.
16    "End-user client" means any person who utilizes or engages
17the services of an appraiser through an appraisal management
18company.
19    "Federally regulated appraisal management company" means
20an appraisal management company that is owned and controlled
21by an insured depository institution, as defined in 12 U.S.C.
221813, or an insured credit union, as defined in 12 U.S.C. 1752,
23and regulated by the Office of the Comptroller of the
24Currency, the Federal Reserve Board, the National Credit Union
25Association, or the Federal Deposit Insurance Corporation.
26    "Financial institution" means any bank, savings bank,

 

 

HB0307 Enrolled- 199 -LRB102 11622 KTG 16956 b

1savings and loan association, credit union, mortgage broker,
2mortgage banker, registrant under the Consumer Installment
3Loan Act or the Sales Finance Agency Act, or a corporate
4fiduciary, subsidiary, affiliate, parent company, or holding
5company of any registrant, or any institution involved in real
6estate financing that is regulated by State or federal law.
7    "Foreign appraisal management company" means any appraisal
8management company organized under the laws of any other state
9of the United States, the District of Columbia, or any other
10jurisdiction of the United States.
11    "Hybrid entity" means an appraisal management company that
12hires an appraiser as an employee to perform an appraisal and
13engages an independent contractor to perform an appraisal.
14    "Multi-state licensing system" means a web-based platform
15that allows an applicant to submit his or her application or
16registration renewal to the Department online.
17    "Person" means individuals, entities, sole
18proprietorships, corporations, limited liability companies,
19and alien, foreign, or domestic partnerships, except that when
20the context otherwise requires, the term may refer to a single
21individual or other described entity.
22    "Principal dwelling" means a residential structure that
23contains one to 4 units, whether or not that structure is
24attached to real property. "Principal dwelling" includes an
25individual condominium unit, cooperative unit, manufactured
26home, mobile home, and trailer, if it is used as a residence.

 

 

HB0307 Enrolled- 200 -LRB102 11622 KTG 16956 b

1    "Principal office" means the actual, physical business
2address, which shall not be a post office box or a virtual
3business address, of a registrant, at which (i) the Department
4may contact the registrant and (ii) records required under
5this Act are maintained.
6    "Qualified to transact business in this State" means being
7in compliance with the requirements of the Business
8Corporation Act of 1983.
9    "Quality control review" means a review of an appraisal
10report for compliance and completeness, including grammatical,
11typographical, or other similar errors, unrelated to
12developing an opinion of value.
13    "Real estate" means an identified parcel or tract of land,
14including any improvements.
15    "Real estate related financial transaction" means any
16transaction involving:
17        (1) the sale, lease, purchase, investment in, or
18    exchange of real property, including interests in property
19    or the financing thereof;
20        (2) the refinancing of real property or interests in
21    real property; and
22        (3) the use of real property or interest in property
23    as security for a loan or investment, including mortgage
24    backed securities.
25    "Real property" means the interests, benefits, and rights
26inherent in the ownership of real estate.

 

 

HB0307 Enrolled- 201 -LRB102 11622 KTG 16956 b

1    "Secretary" means the Secretary of Financial and
2Professional Regulation.
3    "USPAP" means the Uniform Standards of Professional
4Appraisal Practice as adopted by the Appraisal Standards Board
5under Title XI.
6    "Valuation" means any estimate of the value of real
7property in connection with a creditor's decision to provide
8credit, including those values developed under a policy of a
9government sponsored enterprise or by an automated valuation
10model or other methodology or mechanism.
11    "Written notice" means a communication transmitted by mail
12or by electronic means that can be verified between an
13appraisal management company and a licensed or certified real
14estate appraiser.
15(Source: P.A. 100-604, eff. 7-13-18; revised 8-2-21.)
 
16    (Text of Section after amendment by P.A. 102-20)
17    Sec. 10. Definitions. In this Act:
18    "Address of record" means the principal address recorded
19by the Department in the applicant's or registrant's
20application file or registration file maintained by the
21Department's registration maintenance unit.
22    "Applicant" means a person or entity who applies to the
23Department for a registration under this Act.
24    "Appraisal" means (noun) the act or process of developing
25an opinion of value; an opinion of value (adjective) of or

 

 

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1pertaining to appraising and related functions.
2    "Appraisal firm" means an appraisal entity that is 100%
3owned and controlled by a person or persons licensed in
4Illinois as a certified general real estate appraiser or a
5certified residential real estate appraiser. An appraisal firm
6does not include an appraisal management company.
7    "Appraisal management company" means any corporation,
8limited liability company, partnership, sole proprietorship,
9subsidiary, unit, or other business entity that directly or
10indirectly: (1) provides appraisal management services to
11creditors or secondary mortgage market participants, including
12affiliates; (2) provides appraisal management services in
13connection with valuing the consumer's principal dwelling as
14security for a consumer credit transaction (including consumer
15credit transactions incorporated into securitizations); and
16(3) any appraisal management company that, within a given
1712-month period, oversees an appraiser panel of 16 or more
18State-certified appraisers in Illinois or 25 or more
19State-certified or State-licensed appraisers in 2 or more
20jurisdictions. "Appraisal management company" includes a
21hybrid entity.
22    "Appraisal management company national registry fee" means
23the fee implemented pursuant to Title XI of the federal
24Financial Institutions Reform, Recovery, and Enforcement Act
25of 1989 for an appraiser management company's national
26registry.

 

 

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1    "Appraisal management services" means one or more of the
2following:
3        (1) recruiting, selecting, and retaining appraisers;
4        (2) contracting with State-certified or State-licensed
5    appraisers to perform appraisal assignments;
6        (3) managing the process of having an appraisal
7    performed, including providing administrative services
8    such as receiving appraisal orders and appraisal reports;
9    submitting completed appraisal reports to creditors and
10    secondary market participants; collecting compensation
11    from creditors, underwriters, or secondary market
12    participants for services provided; or paying appraisers
13    for services performed; or
14        (4) reviewing and verifying the work of appraisers.
15    "Appraiser panel" means a network, list, or roster of
16licensed or certified appraisers approved by the appraisal
17management company or by the end-user client to perform
18appraisals as independent contractors for the appraisal
19management company. "Appraiser panel" includes both appraisers
20accepted by an appraisal management company for consideration
21for future appraisal assignments and appraisers engaged by an
22appraisal management company to perform one or more
23appraisals. For the purposes of determining the size of an
24appraiser panel, only independent contractors of hybrid
25entities shall be counted towards the appraiser panel.
26    "Appraiser panel fee" means the amount collected from a

 

 

HB0307 Enrolled- 204 -LRB102 11622 KTG 16956 b

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

 

 

HB0307 Enrolled- 205 -LRB102 11622 KTG 16956 b

1    by an appraisal management company who has the authority
2    to:
3            (A) enter into a contractual relationship with a
4        client for the performance of an appraisal management
5        service or appraisal practice service; and
6            (B) enter into an agreement with an appraiser for
7        the performance of a real estate appraisal activity;
8        (3) an individual who possesses, directly or
9    indirectly, the power to direct or cause the direction of
10    the management or policies of an appraisal management
11    company; or
12        (4) an individual who will act as the sole compliance
13    officer with regard to this Act and any rules adopted
14    under this Act.
15    "Covered transaction" means a consumer credit transaction
16secured by a consumer's principal dwelling.
17    "Department" means the Department of Financial and
18Professional Regulation.
19    "Email address of record" means the designated email
20address recorded by the Department in the applicant's
21application file or the registrant's registration file
22maintained by the Department's registration maintenance unit.
23    "Entity" means a corporation, a limited liability company,
24partnership, a sole proprietorship, or other entity providing
25services or holding itself out to provide services as an
26appraisal management company or an appraisal management

 

 

HB0307 Enrolled- 206 -LRB102 11622 KTG 16956 b

1service.
2    "End-user client" means any person who utilizes or engages
3the services of an appraiser through an appraisal management
4company.
5    "Federally regulated appraisal management company" means
6an appraisal management company that is owned and controlled
7by an insured depository institution, as defined in 12 U.S.C.
81813, or an insured credit union, as defined in 12 U.S.C. 1752,
9and regulated by the Office of the Comptroller of the
10Currency, the Federal Reserve Board, the National Credit Union
11Association, or the Federal Deposit Insurance Corporation.
12    "Financial institution" means any bank, savings bank,
13savings and loan association, credit union, mortgage broker,
14mortgage banker, registrant under the Consumer Installment
15Loan Act or the Sales Finance Agency Act, or a corporate
16fiduciary, subsidiary, affiliate, parent company, or holding
17company of any registrant, or any institution involved in real
18estate financing that is regulated by State or federal law.
19    "Foreign appraisal management company" means any appraisal
20management company organized under the laws of any other state
21of the United States, the District of Columbia, or any other
22jurisdiction of the United States.
23    "Hybrid entity" means an appraisal management company that
24hires an appraiser as an employee to perform an appraisal and
25engages an independent contractor to perform an appraisal.
26    "Multi-state licensing system" means a web-based platform

 

 

HB0307 Enrolled- 207 -LRB102 11622 KTG 16956 b

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

 

 

HB0307 Enrolled- 208 -LRB102 11622 KTG 16956 b

1    "Real estate related financial transaction" means any
2transaction involving:
3        (1) the sale, lease, purchase, investment in, or
4    exchange of real property, including interests in property
5    or the financing thereof;
6        (2) the refinancing of real property or interests in
7    real property; and
8        (3) the use of real property or interest in property
9    as security for a loan or investment, including mortgage
10    backed securities.
11    "Real property" means the interests, benefits, and rights
12inherent in the ownership of real estate.
13    "Secretary" means the Secretary of Financial and
14Professional Regulation.
15    "USPAP" means the Uniform Standards of Professional
16Appraisal Practice as adopted by the Appraisal Standards Board
17under Title XI.
18    "Valuation" means any estimate of the value of real
19property in connection with a creditor's decision to provide
20credit, including those values developed under a policy of a
21government sponsored enterprise or by an automated valuation
22model or other methodology or mechanism.
23    "Written notice" means a communication transmitted by mail
24or by electronic means that can be verified between an
25appraisal management company and a licensed or certified real
26estate appraiser.

 

 

HB0307 Enrolled- 209 -LRB102 11622 KTG 16956 b

1(Source: P.A. 102-20, eff. 1-1-22; revised 8-2-21.)
 
2    Section 155. The Hydraulic Fracturing Regulatory Act is
3amended by changing Section 1-77 as follows:
 
4    (225 ILCS 732/1-77)
5    Sec. 1-77. Chemical disclosure; trade secret protection.
6    (a) If the chemical disclosure information required by
7paragraph (8) of subsection (b) of Section 1-35 of this Act is
8not submitted at the time of permit application, then the
9permittee, applicant, or person who will perform high volume
10horizontal hydraulic fracturing operations at the well shall
11submit this information to the Department in electronic format
12no less than 21 calendar days prior to performing the high
13volume horizontal hydraulic fracturing operations. The
14permittee shall not cause or allow any stimulation of the well
15if it is not in compliance with this Section. Nothing in this
16Section shall prohibit the person performing high volume
17horizontal hydraulic fracturing operations from adjusting or
18altering the contents of the fluid during the treatment
19process to respond to unexpected conditions, as long as the
20permittee or the person performing the high volume horizontal
21hydraulic fracturing operations notifies the Department by
22electronic mail within 24 hours of the departure from the
23initial treatment design and includes a brief explanation of
24the reason for the departure.

 

 

HB0307 Enrolled- 210 -LRB102 11622 KTG 16956 b

1    (b) No permittee shall use the services of another person
2to perform high volume horizontal hydraulic fracturing
3operations unless the person is in compliance with this
4Section.
5    (c) Any person performing high volume horizontal hydraulic
6fracturing operations within this State shall:
7        (1) be authorized to do business in this State; and
8        (2) maintain and disclose to the Department separate
9    and up-to-date master lists of:
10            (A) the base fluid to be used during any high
11        volume horizontal hydraulic fracturing operations
12        within this State;
13            (B) all hydraulic fracturing additives to be used
14        during any high volume horizontal hydraulic fracturing
15        operations within this State; and
16            (C) all chemicals and associated Chemical Abstract
17        Service numbers to be used in any high volume
18        horizontal hydraulic fracturing operations within this
19        State.
20    (d) Persons performing high volume horizontal hydraulic
21fracturing operations are prohibited from using any base
22fluid, hydraulic fracturing additive, or chemical not listed
23on their master lists disclosed under paragraph (2) of
24subsection (c) of this Section.
25    (e) The Department shall assemble and post up-to-date
26copies of the master lists it receives under paragraph (2) of

 

 

HB0307 Enrolled- 211 -LRB102 11622 KTG 16956 b

1subsection (c) of this Section on its website in accordance
2with Section 1-110 of this Act.
3    (f) Where an applicant, permittee, or the person
4performing high volume horizontal hydraulic fracturing
5operations furnishes chemical disclosure information to the
6Department under this Section, Section 1-35, or Section 1-75
7of this Act under a claim of trade secret, the applicant,
8permittee, or person performing high volume horizontal
9hydraulic fracturing operations shall submit redacted and
10un-redacted copies of the documents containing the information
11to the Department and the Department shall use the redacted
12copies when posting materials on its website.
13    (g) Upon submission or within 5 calendar days of
14submission of chemical disclosure information to the
15Department under this Section, Section 1-35, or Section 1-75
16of this Act under a claim of trade secret, the person that
17claimed trade secret protection shall provide a justification
18of the claim containing the following: a detailed description
19of the procedures used by the person to safeguard the
20information from becoming available to persons other than
21those selected by the person to have access to the information
22for limited purposes; a detailed statement identifying the
23persons or class of persons to whom the information has been
24disclosed; a certification that the person has no knowledge
25that the information has ever been published or disseminated
26or has otherwise become a matter of general public knowledge;

 

 

HB0307 Enrolled- 212 -LRB102 11622 KTG 16956 b

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

 

 

HB0307 Enrolled- 213 -LRB102 11622 KTG 16956 b

1trade secret protection may file a request for review with the
2Public Access Counselor under Section 9.5 of the Freedom of
3Information Act or for injunctive or declaratory relief under
4Section 11 of the Freedom of Information Act for the purpose of
5reviewing whether the Department properly determined that the
6trade secret protection should be granted.
7    (k) Except as otherwise provided in subsections (l) and
8(m) of this Section, the Department must maintain the
9confidentiality of chemical disclosure information furnished
10under this Section, Section 1-35, or Section 1-75 of this Act
11under a claim of trade secret, until the Department receives
12official notification of a final order by a reviewing body
13with proper jurisdiction that is not subject to further appeal
14rejecting a grant of trade secret protection for that
15information.
16    (l) The Department shall adopt rules for the provision of
17information furnished under a claim of trade secret to a
18health professional who states a need for the information and
19articulates why the information is needed. The health
20professional may share that information with other persons as
21may be professionally necessary, including, but not limited
22to, the affected patient, other health professionals involved
23in the treatment of the affected patient, the affected
24patient's family members if the affected patient is
25unconscious, is unable to make medical decisions, or is a
26minor, the Centers for Disease Control and Prevention, and

 

 

HB0307 Enrolled- 214 -LRB102 11622 KTG 16956 b

1other government public health agencies. Except as otherwise
2provided in this Section, any recipient of the information
3shall not use the information for purposes other than the
4health needs asserted in the request and shall otherwise
5maintain the information as confidential. Information so
6disclosed to a health professional shall in no way be
7construed as publicly available. The holder of the trade
8secret may request a confidentiality agreement consistent with
9the requirements of this Section from all health professionals
10to whom the information is disclosed as soon as circumstances
11permit. The rules adopted by the Department shall also
12establish procedures for providing the information in both
13emergency and non-emergency situations.
14    (m) In the event of a release of hydraulic fracturing
15fluid, a hydraulic fracturing additive, or hydraulic
16fracturing flowback, and when necessary to protect public
17health or the environment, the Department may disclose
18information furnished under a claim of trade secret to the
19relevant county public health director or emergency manager,
20the relevant fire department chief, the Director of the
21Illinois Department of Public Health, the Director of the
22Illinois Department of Agriculture, and the Director of the
23Illinois Environmental Protection Agency upon request by that
24individual. The Director of the Illinois Department of Public
25Health, and the Director of the Illinois Environmental
26Protection Agency, and the Director of the Illinois Department

 

 

HB0307 Enrolled- 215 -LRB102 11622 KTG 16956 b

1of Agriculture may disclose this information to staff members
2under the same terms and conditions as apply to the Director of
3Natural Resources. Except as otherwise provided in this
4Section, any recipient of the information shall not use the
5information for purposes other than to protect public health
6or the environment and shall otherwise maintain the
7information as confidential. Information disclosed to staff
8shall in no way be construed as publicly available. The holder
9of the trade secret information may request a confidentiality
10agreement consistent with the requirements of this Section
11from all persons to whom the information is disclosed as soon
12as circumstances permit.
13(Source: P.A. 98-22, eff. 6-17-13; revised 7-16-21.)
 
14    Section 160. The Sports Wagering Act is amended by
15changing Section 25-90 as follows:
 
16    (230 ILCS 45/25-90)
17    Sec. 25-90. Tax; Sports Wagering Fund.
18    (a) For the privilege of holding a license to operate
19sports wagering under this Act, this State shall impose and
20collect 15% of a master sports wagering licensee's adjusted
21gross sports wagering receipts from sports wagering. The
22accrual method of accounting shall be used for purposes of
23calculating the amount of the tax owed by the licensee.
24    The taxes levied and collected pursuant to this subsection
<

 

 

HB0307 Enrolled- 216 -LRB102 11622 KTG 16956 b

1(a) are due and payable to the Board no later than the last day
2of the month following the calendar month in which the
3adjusted gross sports wagering receipts were received and the
4tax obligation was accrued.
5    (a-5) In addition to the tax imposed under subsection (a)
6of this Section, for the privilege of holding a license to
7operate sports wagering under this Act, the State shall impose
8and collect 2% of the adjusted gross receipts from sports
9wagers that are placed within a home rule county with a
10population of over 3,000,000 inhabitants, which shall be paid,
11subject to appropriation from the General Assembly, from the
12Sports Wagering Fund to that home rule county for the purpose
13of enhancing the county's criminal justice system.
14    (b) The Sports Wagering Fund is hereby created as a
15special fund in the State treasury. Except as otherwise
16provided in this Act, all moneys collected under this Act by
17the Board shall be deposited into the Sports Wagering Fund. On
18the 25th of each month, any moneys remaining in the Sports
19Wagering Fund in excess of the anticipated monthly
20expenditures from the Fund through the next month, as
21certified by the Board to the State Comptroller, shall be
22transferred by the State Comptroller and the State Treasurer
23to the Capital Projects Fund.
24    (c) Beginning with July 2021, and on a monthly basis