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Full Text of SB0691  100th General Assembly

SB0691sam003 100TH GENERAL ASSEMBLY

Sen. David Koehler

Filed: 3/16/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 691

2    AMENDMENT NO. ______. Amend Senate Bill 691, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Administrative Procedure Act is
6amended by changing Section 5-45 as follows:
 
7    (5 ILCS 100/5-45)  (from Ch. 127, par. 1005-45)
8    (Text of Section before amendment by P.A. 99-906)
9    Sec. 5-45. Emergency rulemaking.
10    (a) "Emergency" means the existence of any situation that
11any agency finds reasonably constitutes a threat to the public
12interest, safety, or welfare.
13    (b) If any agency finds that an emergency exists that
14requires adoption of a rule upon fewer days than is required by
15Section 5-40 and states in writing its reasons for that
16finding, the agency may adopt an emergency rule without prior

 

 

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1notice or hearing upon filing a notice of emergency rulemaking
2with the Secretary of State under Section 5-70. The notice
3shall include the text of the emergency rule and shall be
4published in the Illinois Register. Consent orders or other
5court orders adopting settlements negotiated by an agency may
6be adopted under this Section. Subject to applicable
7constitutional or statutory provisions, an emergency rule
8becomes effective immediately upon filing under Section 5-65 or
9at a stated date less than 10 days thereafter. The agency's
10finding and a statement of the specific reasons for the finding
11shall be filed with the rule. The agency shall take reasonable
12and appropriate measures to make emergency rules known to the
13persons who may be affected by them.
14    (c) An emergency rule may be effective for a period of not
15longer than 150 days, but the agency's authority to adopt an
16identical rule under Section 5-40 is not precluded. No
17emergency rule may be adopted more than once in any 24-month 24
18month period, except that this limitation on the number of
19emergency rules that may be adopted in a 24-month 24 month
20period does not apply to (i) emergency rules that make
21additions to and deletions from the Drug Manual under Section
225-5.16 of the Illinois Public Aid Code or the generic drug
23formulary under Section 3.14 of the Illinois Food, Drug and
24Cosmetic Act, (ii) emergency rules adopted by the Pollution
25Control Board before July 1, 1997 to implement portions of the
26Livestock Management Facilities Act, (iii) emergency rules

 

 

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1adopted by the Illinois Department of Public Health under
2subsections (a) through (i) of Section 2 of the Department of
3Public Health Act when necessary to protect the public's
4health, (iv) emergency rules adopted pursuant to subsection (n)
5of this Section, (v) emergency rules adopted pursuant to
6subsection (o) of this Section, or (vi) emergency rules adopted
7pursuant to subsection (c-5) of this Section. Two or more
8emergency rules having substantially the same purpose and
9effect shall be deemed to be a single rule for purposes of this
10Section.
11    (c-5) To facilitate the maintenance of the program of group
12health benefits provided to annuitants, survivors, and retired
13employees under the State Employees Group Insurance Act of
141971, rules to alter the contributions to be paid by the State,
15annuitants, survivors, retired employees, or any combination
16of those entities, for that program of group health benefits,
17shall be adopted as emergency rules. The adoption of those
18rules shall be considered an emergency and necessary for the
19public interest, safety, and welfare.
20    (d) In order to provide for the expeditious and timely
21implementation of the State's fiscal year 1999 budget,
22emergency rules to implement any provision of Public Act 90-587
23or 90-588 or any other budget initiative for fiscal year 1999
24may be adopted in accordance with this Section by the agency
25charged with administering that provision or initiative,
26except that the 24-month limitation on the adoption of

 

 

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1emergency rules and the provisions of Sections 5-115 and 5-125
2do not apply to rules adopted under this subsection (d). The
3adoption of emergency rules authorized by this subsection (d)
4shall be deemed to be necessary for the public interest,
5safety, and welfare.
6    (e) In order to provide for the expeditious and timely
7implementation of the State's fiscal year 2000 budget,
8emergency rules to implement any provision of Public Act 91-24
9or any other budget initiative for fiscal year 2000 may be
10adopted in accordance with this Section by the agency charged
11with administering that provision or initiative, except that
12the 24-month limitation on the adoption of emergency rules and
13the provisions of Sections 5-115 and 5-125 do not apply to
14rules adopted under this subsection (e). The adoption of
15emergency rules authorized by this subsection (e) shall be
16deemed to be necessary for the public interest, safety, and
17welfare.
18    (f) In order to provide for the expeditious and timely
19implementation of the State's fiscal year 2001 budget,
20emergency rules to implement any provision of Public Act 91-712
21or any other budget initiative for fiscal year 2001 may be
22adopted in accordance with this Section by the agency charged
23with administering that provision or initiative, except that
24the 24-month limitation on the adoption of emergency rules and
25the provisions of Sections 5-115 and 5-125 do not apply to
26rules adopted under this subsection (f). The adoption of

 

 

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1emergency rules authorized by this subsection (f) shall be
2deemed to be necessary for the public interest, safety, and
3welfare.
4    (g) In order to provide for the expeditious and timely
5implementation of the State's fiscal year 2002 budget,
6emergency rules to implement any provision of Public Act 92-10
7or any other budget initiative for fiscal year 2002 may be
8adopted in accordance with this Section by the agency charged
9with administering that provision or initiative, except that
10the 24-month limitation on the adoption of emergency rules and
11the provisions of Sections 5-115 and 5-125 do not apply to
12rules adopted under this subsection (g). The adoption of
13emergency rules authorized by this subsection (g) shall be
14deemed to be necessary for the public interest, safety, and
15welfare.
16    (h) In order to provide for the expeditious and timely
17implementation of the State's fiscal year 2003 budget,
18emergency rules to implement any provision of Public Act 92-597
19or any other budget initiative for fiscal year 2003 may be
20adopted in accordance with this Section by the agency charged
21with administering that provision or initiative, except that
22the 24-month limitation on the adoption of emergency rules and
23the provisions of Sections 5-115 and 5-125 do not apply to
24rules adopted under this subsection (h). The adoption of
25emergency rules authorized by this subsection (h) shall be
26deemed to be necessary for the public interest, safety, and

 

 

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1welfare.
2    (i) In order to provide for the expeditious and timely
3implementation of the State's fiscal year 2004 budget,
4emergency rules to implement any provision of Public Act 93-20
5or any other budget initiative for fiscal year 2004 may be
6adopted in accordance with this Section by the agency charged
7with administering that provision or initiative, except that
8the 24-month limitation on the adoption of emergency rules and
9the provisions of Sections 5-115 and 5-125 do not apply to
10rules adopted under this subsection (i). The adoption of
11emergency rules authorized by this subsection (i) shall be
12deemed to be necessary for the public interest, safety, and
13welfare.
14    (j) In order to provide for the expeditious and timely
15implementation of the provisions of the State's fiscal year
162005 budget as provided under the Fiscal Year 2005 Budget
17Implementation (Human Services) Act, emergency rules to
18implement any provision of the Fiscal Year 2005 Budget
19Implementation (Human Services) Act may be adopted in
20accordance with this Section by the agency charged with
21administering that provision, except that the 24-month
22limitation on the adoption of emergency rules and the
23provisions of Sections 5-115 and 5-125 do not apply to rules
24adopted under this subsection (j). The Department of Public Aid
25may also adopt rules under this subsection (j) necessary to
26administer the Illinois Public Aid Code and the Children's

 

 

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1Health Insurance Program Act. The adoption of emergency rules
2authorized by this subsection (j) shall be deemed to be
3necessary for the public interest, safety, and welfare.
4    (k) In order to provide for the expeditious and timely
5implementation of the provisions of the State's fiscal year
62006 budget, emergency rules to implement any provision of
7Public Act 94-48 or any other budget initiative for fiscal year
82006 may be adopted in accordance with this Section by the
9agency charged with administering that provision or
10initiative, except that the 24-month limitation on the adoption
11of emergency rules and the provisions of Sections 5-115 and
125-125 do not apply to rules adopted under this subsection (k).
13The Department of Healthcare and Family Services may also adopt
14rules under this subsection (k) necessary to administer the
15Illinois Public Aid Code, the Senior Citizens and Persons with
16Disabilities Property Tax Relief Act, the Senior Citizens and
17Disabled Persons Prescription Drug Discount Program Act (now
18the Illinois Prescription Drug Discount Program Act), and the
19Children's Health Insurance Program Act. The adoption of
20emergency rules authorized by this subsection (k) shall be
21deemed to be necessary for the public interest, safety, and
22welfare.
23    (l) In order to provide for the expeditious and timely
24implementation of the provisions of the State's fiscal year
252007 budget, the Department of Healthcare and Family Services
26may adopt emergency rules during fiscal year 2007, including

 

 

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1rules effective July 1, 2007, in accordance with this
2subsection to the extent necessary to administer the
3Department's responsibilities with respect to amendments to
4the State plans and Illinois waivers approved by the federal
5Centers for Medicare and Medicaid Services necessitated by the
6requirements of Title XIX and Title XXI of the federal Social
7Security Act. The adoption of emergency rules authorized by
8this subsection (l) shall be deemed to be necessary for the
9public interest, safety, and welfare.
10    (m) In order to provide for the expeditious and timely
11implementation of the provisions of the State's fiscal year
122008 budget, the Department of Healthcare and Family Services
13may adopt emergency rules during fiscal year 2008, including
14rules effective July 1, 2008, in accordance with this
15subsection to the extent necessary to administer the
16Department's responsibilities with respect to amendments to
17the State plans and Illinois waivers approved by the federal
18Centers for Medicare and Medicaid Services necessitated by the
19requirements of Title XIX and Title XXI of the federal Social
20Security Act. The adoption of emergency rules authorized by
21this subsection (m) shall be deemed to be necessary for the
22public interest, safety, and welfare.
23    (n) In order to provide for the expeditious and timely
24implementation of the provisions of the State's fiscal year
252010 budget, emergency rules to implement any provision of
26Public Act 96-45 or any other budget initiative authorized by

 

 

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1the 96th General Assembly for fiscal year 2010 may be adopted
2in accordance with this Section by the agency charged with
3administering that provision or initiative. The adoption of
4emergency rules authorized by this subsection (n) shall be
5deemed to be necessary for the public interest, safety, and
6welfare. The rulemaking authority granted in this subsection
7(n) shall apply only to rules promulgated during Fiscal Year
82010.
9    (o) In order to provide for the expeditious and timely
10implementation of the provisions of the State's fiscal year
112011 budget, emergency rules to implement any provision of
12Public Act 96-958 or any other budget initiative authorized by
13the 96th General Assembly for fiscal year 2011 may be adopted
14in accordance with this Section by the agency charged with
15administering that provision or initiative. The adoption of
16emergency rules authorized by this subsection (o) is deemed to
17be necessary for the public interest, safety, and welfare. The
18rulemaking authority granted in this subsection (o) applies
19only to rules promulgated on or after July 1, 2010 (the
20effective date of Public Act 96-958) through June 30, 2011.
21    (p) In order to provide for the expeditious and timely
22implementation of the provisions of Public Act 97-689,
23emergency rules to implement any provision of Public Act 97-689
24may be adopted in accordance with this subsection (p) by the
25agency charged with administering that provision or
26initiative. The 150-day limitation of the effective period of

 

 

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1emergency rules does not apply to rules adopted under this
2subsection (p), and the effective period may continue through
3June 30, 2013. The 24-month limitation on the adoption of
4emergency rules does not apply to rules adopted under this
5subsection (p). The adoption of emergency rules authorized by
6this subsection (p) is deemed to be necessary for the public
7interest, safety, and welfare.
8    (q) In order to provide for the expeditious and timely
9implementation of the provisions of Articles 7, 8, 9, 11, and
1012 of Public Act 98-104, emergency rules to implement any
11provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
12may be adopted in accordance with this subsection (q) by the
13agency charged with administering that provision or
14initiative. The 24-month limitation on the adoption of
15emergency rules does not apply to rules adopted under this
16subsection (q). The adoption of emergency rules authorized by
17this subsection (q) is deemed to be necessary for the public
18interest, safety, and welfare.
19    (r) In order to provide for the expeditious and timely
20implementation of the provisions of Public Act 98-651,
21emergency rules to implement Public Act 98-651 may be adopted
22in accordance with this subsection (r) by the Department of
23Healthcare and Family Services. The 24-month limitation on the
24adoption of emergency rules does not apply to rules adopted
25under this subsection (r). The adoption of emergency rules
26authorized by this subsection (r) is deemed to be necessary for

 

 

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1the public interest, safety, and welfare.
2    (s) In order to provide for the expeditious and timely
3implementation of the provisions of Sections 5-5b.1 and 5A-2 of
4the Illinois Public Aid Code, emergency rules to implement any
5provision of Section 5-5b.1 or Section 5A-2 of the Illinois
6Public Aid Code may be adopted in accordance with this
7subsection (s) by the Department of Healthcare and Family
8Services. The rulemaking authority granted in this subsection
9(s) shall apply only to those rules adopted prior to July 1,
102015. Notwithstanding any other provision of this Section, any
11emergency rule adopted under this subsection (s) shall only
12apply to payments made for State fiscal year 2015. The adoption
13of emergency rules authorized by this subsection (s) is deemed
14to be necessary for the public interest, safety, and welfare.
15    (t) In order to provide for the expeditious and timely
16implementation of the provisions of Article II of Public Act
1799-6, emergency rules to implement the changes made by Article
18II of Public Act 99-6 to the Emergency Telephone System Act may
19be adopted in accordance with this subsection (t) by the
20Department of State Police. The rulemaking authority granted in
21this subsection (t) shall apply only to those rules adopted
22prior to July 1, 2016. The 24-month limitation on the adoption
23of emergency rules does not apply to rules adopted under this
24subsection (t). The adoption of emergency rules authorized by
25this subsection (t) is deemed to be necessary for the public
26interest, safety, and welfare.

 

 

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1    (u) In order to provide for the expeditious and timely
2implementation of the provisions of the Burn Victims Relief
3Act, emergency rules to implement any provision of the Act may
4be adopted in accordance with this subsection (u) by the
5Department of Insurance. The rulemaking authority granted in
6this subsection (u) shall apply only to those rules adopted
7prior to December 31, 2015. The adoption of emergency rules
8authorized by this subsection (u) is deemed to be necessary for
9the public interest, safety, and welfare.
10    (v) In order to provide for the expeditious and timely
11implementation of the provisions of Public Act 99-516 this
12amendatory Act of the 99th General Assembly, emergency rules to
13implement Public Act 99-516 this amendatory Act of the 99th
14General Assembly may be adopted in accordance with this
15subsection (v) by the Department of Healthcare and Family
16Services. The 24-month limitation on the adoption of emergency
17rules does not apply to rules adopted under this subsection
18(v). The adoption of emergency rules authorized by this
19subsection (v) is deemed to be necessary for the public
20interest, safety, and welfare.
21    (w) (v) In order to provide for the expeditious and timely
22implementation of the provisions of Public Act 99-796 this
23amendatory Act of the 99th General Assembly, emergency rules to
24implement the changes made by Public Act 99-796 this amendatory
25Act of the 99th General Assembly may be adopted in accordance
26with this subsection (w) (v) by the Adjutant General. The

 

 

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1adoption of emergency rules authorized by this subsection (w)
2(v) is deemed to be necessary for the public interest, safety,
3and welfare.
4    (x) In order to provide for the expeditious and timely
5implementation of the provisions of this amendatory Act of the
6100th General Assembly, emergency rules to implement any
7provision of this amendatory Act of the 100th General Assembly
8may be adopted in accordance with this subsection (x) by the
9Department of State Police, the Department of Transportation,
10the Illinois State Toll Highway Authority, the Illinois
11Commerce Commission, and the Secretary of State. The rulemaking
12authority granted in this subsection (x) shall apply only to
13those rules adopted within 180 days after the effective date of
14this amendatory Act of the 100th General Assembly. The adoption
15of emergency rules authorized by this subsection (x) is deemed
16to be necessary for the public interest, safety, and welfare.
17(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
1898-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
1999-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff.
206-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; revised
219-21-16.)
 
22    (Text of Section after amendment by P.A. 99-906)
23    Sec. 5-45. Emergency rulemaking.
24    (a) "Emergency" means the existence of any situation that
25any agency finds reasonably constitutes a threat to the public

 

 

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1interest, safety, or welfare.
2    (b) If any agency finds that an emergency exists that
3requires adoption of a rule upon fewer days than is required by
4Section 5-40 and states in writing its reasons for that
5finding, the agency may adopt an emergency rule without prior
6notice or hearing upon filing a notice of emergency rulemaking
7with the Secretary of State under Section 5-70. The notice
8shall include the text of the emergency rule and shall be
9published in the Illinois Register. Consent orders or other
10court orders adopting settlements negotiated by an agency may
11be adopted under this Section. Subject to applicable
12constitutional or statutory provisions, an emergency rule
13becomes effective immediately upon filing under Section 5-65 or
14at a stated date less than 10 days thereafter. The agency's
15finding and a statement of the specific reasons for the finding
16shall be filed with the rule. The agency shall take reasonable
17and appropriate measures to make emergency rules known to the
18persons who may be affected by them.
19    (c) An emergency rule may be effective for a period of not
20longer than 150 days, but the agency's authority to adopt an
21identical rule under Section 5-40 is not precluded. No
22emergency rule may be adopted more than once in any 24-month
23period, except that this limitation on the number of emergency
24rules that may be adopted in a 24-month period does not apply
25to (i) emergency rules that make additions to and deletions
26from the Drug Manual under Section 5-5.16 of the Illinois

 

 

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1Public Aid Code or the generic drug formulary under Section
23.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
3emergency rules adopted by the Pollution Control Board before
4July 1, 1997 to implement portions of the Livestock Management
5Facilities Act, (iii) emergency rules adopted by the Illinois
6Department of Public Health under subsections (a) through (i)
7of Section 2 of the Department of Public Health Act when
8necessary to protect the public's health, (iv) emergency rules
9adopted pursuant to subsection (n) of this Section, (v)
10emergency rules adopted pursuant to subsection (o) of this
11Section, or (vi) emergency rules adopted pursuant to subsection
12(c-5) of this Section. Two or more emergency rules having
13substantially the same purpose and effect shall be deemed to be
14a single rule for purposes of this Section.
15    (c-5) To facilitate the maintenance of the program of group
16health benefits provided to annuitants, survivors, and retired
17employees under the State Employees Group Insurance Act of
181971, rules to alter the contributions to be paid by the State,
19annuitants, survivors, retired employees, or any combination
20of those entities, for that program of group health benefits,
21shall be adopted as emergency rules. The adoption of those
22rules shall be considered an emergency and necessary for the
23public interest, safety, and welfare.
24    (d) In order to provide for the expeditious and timely
25implementation of the State's fiscal year 1999 budget,
26emergency rules to implement any provision of Public Act 90-587

 

 

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1or 90-588 or any other budget initiative for fiscal year 1999
2may be adopted in accordance with this Section by the agency
3charged with administering that provision or initiative,
4except that the 24-month limitation on the adoption of
5emergency rules and the provisions of Sections 5-115 and 5-125
6do not apply to rules adopted under this subsection (d). The
7adoption of emergency rules authorized by this subsection (d)
8shall be deemed to be necessary for the public interest,
9safety, and welfare.
10    (e) In order to provide for the expeditious and timely
11implementation of the State's fiscal year 2000 budget,
12emergency rules to implement any provision of Public Act 91-24
13or any other budget initiative for fiscal year 2000 may be
14adopted in accordance with this Section by the agency charged
15with administering that provision or initiative, except that
16the 24-month limitation on the adoption of emergency rules and
17the provisions of Sections 5-115 and 5-125 do not apply to
18rules adopted under this subsection (e). The adoption of
19emergency rules authorized by this subsection (e) shall be
20deemed to be necessary for the public interest, safety, and
21welfare.
22    (f) In order to provide for the expeditious and timely
23implementation of the State's fiscal year 2001 budget,
24emergency rules to implement any provision of Public Act 91-712
25or any other budget initiative for fiscal year 2001 may be
26adopted in accordance with this Section by the agency charged

 

 

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1with administering that provision or initiative, except that
2the 24-month limitation on the adoption of emergency rules and
3the provisions of Sections 5-115 and 5-125 do not apply to
4rules adopted under this subsection (f). The adoption of
5emergency rules authorized by this subsection (f) shall be
6deemed to be necessary for the public interest, safety, and
7welfare.
8    (g) In order to provide for the expeditious and timely
9implementation of the State's fiscal year 2002 budget,
10emergency rules to implement any provision of Public Act 92-10
11or any other budget initiative for fiscal year 2002 may be
12adopted in accordance with this Section by the agency charged
13with administering that provision or initiative, except that
14the 24-month limitation on the adoption of emergency rules and
15the provisions of Sections 5-115 and 5-125 do not apply to
16rules adopted under this subsection (g). The adoption of
17emergency rules authorized by this subsection (g) shall be
18deemed to be necessary for the public interest, safety, and
19welfare.
20    (h) In order to provide for the expeditious and timely
21implementation of the State's fiscal year 2003 budget,
22emergency rules to implement any provision of Public Act 92-597
23or any other budget initiative for fiscal year 2003 may be
24adopted in accordance with this Section by the agency charged
25with administering that provision or initiative, except that
26the 24-month limitation on the adoption of emergency rules and

 

 

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1the provisions of Sections 5-115 and 5-125 do not apply to
2rules adopted under this subsection (h). The adoption of
3emergency rules authorized by this subsection (h) shall be
4deemed to be necessary for the public interest, safety, and
5welfare.
6    (i) In order to provide for the expeditious and timely
7implementation of the State's fiscal year 2004 budget,
8emergency rules to implement any provision of Public Act 93-20
9or any other budget initiative for fiscal year 2004 may be
10adopted in accordance with this Section by the agency charged
11with administering that provision or initiative, except that
12the 24-month limitation on the adoption of emergency rules and
13the provisions of Sections 5-115 and 5-125 do not apply to
14rules adopted under this subsection (i). The adoption of
15emergency rules authorized by this subsection (i) shall be
16deemed to be necessary for the public interest, safety, and
17welfare.
18    (j) In order to provide for the expeditious and timely
19implementation of the provisions of the State's fiscal year
202005 budget as provided under the Fiscal Year 2005 Budget
21Implementation (Human Services) Act, emergency rules to
22implement any provision of the Fiscal Year 2005 Budget
23Implementation (Human Services) Act may be adopted in
24accordance with this Section by the agency charged with
25administering that provision, except that the 24-month
26limitation on the adoption of emergency rules and the

 

 

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1provisions of Sections 5-115 and 5-125 do not apply to rules
2adopted under this subsection (j). The Department of Public Aid
3may also adopt rules under this subsection (j) necessary to
4administer the Illinois Public Aid Code and the Children's
5Health Insurance Program Act. The adoption of emergency rules
6authorized by this subsection (j) shall be deemed to be
7necessary for the public interest, safety, and welfare.
8    (k) In order to provide for the expeditious and timely
9implementation of the provisions of the State's fiscal year
102006 budget, emergency rules to implement any provision of
11Public Act 94-48 or any other budget initiative for fiscal year
122006 may be adopted in accordance with this Section by the
13agency charged with administering that provision or
14initiative, except that the 24-month limitation on the adoption
15of emergency rules and the provisions of Sections 5-115 and
165-125 do not apply to rules adopted under this subsection (k).
17The Department of Healthcare and Family Services may also adopt
18rules under this subsection (k) necessary to administer the
19Illinois Public Aid Code, the Senior Citizens and Persons with
20Disabilities Property Tax Relief Act, the Senior Citizens and
21Disabled Persons Prescription Drug Discount Program Act (now
22the Illinois Prescription Drug Discount Program Act), and the
23Children's Health Insurance Program Act. The adoption of
24emergency rules authorized by this subsection (k) shall be
25deemed to be necessary for the public interest, safety, and
26welfare.

 

 

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1    (l) In order to provide for the expeditious and timely
2implementation of the provisions of the State's fiscal year
32007 budget, the Department of Healthcare and Family Services
4may adopt emergency rules during fiscal year 2007, including
5rules effective July 1, 2007, in accordance with this
6subsection to the extent necessary to administer the
7Department's responsibilities with respect to amendments to
8the State plans and Illinois waivers approved by the federal
9Centers for Medicare and Medicaid Services necessitated by the
10requirements of Title XIX and Title XXI of the federal Social
11Security Act. The adoption of emergency rules authorized by
12this subsection (l) shall be deemed to be necessary for the
13public interest, safety, and welfare.
14    (m) In order to provide for the expeditious and timely
15implementation of the provisions of the State's fiscal year
162008 budget, the Department of Healthcare and Family Services
17may adopt emergency rules during fiscal year 2008, including
18rules effective July 1, 2008, in accordance with this
19subsection to the extent necessary to administer the
20Department's responsibilities with respect to amendments to
21the State plans and Illinois waivers approved by the federal
22Centers for Medicare and Medicaid Services necessitated by the
23requirements of Title XIX and Title XXI of the federal Social
24Security Act. The adoption of emergency rules authorized by
25this subsection (m) shall be deemed to be necessary for the
26public interest, safety, and welfare.

 

 

10000SB0691sam003- 21 -LRB100 07334 RJF 23800 a

1    (n) In order to provide for the expeditious and timely
2implementation of the provisions of the State's fiscal year
32010 budget, emergency rules to implement any provision of
4Public Act 96-45 or any other budget initiative authorized by
5the 96th General Assembly for fiscal year 2010 may be adopted
6in accordance with this Section by the agency charged with
7administering that provision or initiative. The adoption of
8emergency rules authorized by this subsection (n) shall be
9deemed to be necessary for the public interest, safety, and
10welfare. The rulemaking authority granted in this subsection
11(n) shall apply only to rules promulgated during Fiscal Year
122010.
13    (o) In order to provide for the expeditious and timely
14implementation of the provisions of the State's fiscal year
152011 budget, emergency rules to implement any provision of
16Public Act 96-958 or any other budget initiative authorized by
17the 96th General Assembly for fiscal year 2011 may be adopted
18in accordance with this Section by the agency charged with
19administering that provision or initiative. The adoption of
20emergency rules authorized by this subsection (o) is deemed to
21be necessary for the public interest, safety, and welfare. The
22rulemaking authority granted in this subsection (o) applies
23only to rules promulgated on or after July 1, 2010 (the
24effective date of Public Act 96-958) through June 30, 2011.
25    (p) In order to provide for the expeditious and timely
26implementation of the provisions of Public Act 97-689,

 

 

10000SB0691sam003- 22 -LRB100 07334 RJF 23800 a

1emergency rules to implement any provision of Public Act 97-689
2may be adopted in accordance with this subsection (p) by the
3agency charged with administering that provision or
4initiative. The 150-day limitation of the effective period of
5emergency rules does not apply to rules adopted under this
6subsection (p), and the effective period may continue through
7June 30, 2013. The 24-month limitation on the adoption of
8emergency rules does not apply to rules adopted under this
9subsection (p). The adoption of emergency rules authorized by
10this subsection (p) is deemed to be necessary for the public
11interest, safety, and welfare.
12    (q) In order to provide for the expeditious and timely
13implementation of the provisions of Articles 7, 8, 9, 11, and
1412 of Public Act 98-104, emergency rules to implement any
15provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
16may be adopted in accordance with this subsection (q) by the
17agency charged with administering that provision or
18initiative. The 24-month limitation on the adoption of
19emergency rules does not apply to rules adopted under this
20subsection (q). The adoption of emergency rules authorized by
21this subsection (q) is deemed to be necessary for the public
22interest, safety, and welfare.
23    (r) In order to provide for the expeditious and timely
24implementation of the provisions of Public Act 98-651,
25emergency rules to implement Public Act 98-651 may be adopted
26in accordance with this subsection (r) by the Department of

 

 

10000SB0691sam003- 23 -LRB100 07334 RJF 23800 a

1Healthcare and Family Services. The 24-month limitation on the
2adoption of emergency rules does not apply to rules adopted
3under this subsection (r). The adoption of emergency rules
4authorized by this subsection (r) is deemed to be necessary for
5the public interest, safety, and welfare.
6    (s) In order to provide for the expeditious and timely
7implementation of the provisions of Sections 5-5b.1 and 5A-2 of
8the Illinois Public Aid Code, emergency rules to implement any
9provision of Section 5-5b.1 or Section 5A-2 of the Illinois
10Public Aid Code may be adopted in accordance with this
11subsection (s) by the Department of Healthcare and Family
12Services. The rulemaking authority granted in this subsection
13(s) shall apply only to those rules adopted prior to July 1,
142015. Notwithstanding any other provision of this Section, any
15emergency rule adopted under this subsection (s) shall only
16apply to payments made for State fiscal year 2015. The adoption
17of emergency rules authorized by this subsection (s) is deemed
18to be necessary for the public interest, safety, and welfare.
19    (t) In order to provide for the expeditious and timely
20implementation of the provisions of Article II of Public Act
2199-6, emergency rules to implement the changes made by Article
22II of Public Act 99-6 to the Emergency Telephone System Act may
23be adopted in accordance with this subsection (t) by the
24Department of State Police. The rulemaking authority granted in
25this subsection (t) shall apply only to those rules adopted
26prior to July 1, 2016. The 24-month limitation on the adoption

 

 

10000SB0691sam003- 24 -LRB100 07334 RJF 23800 a

1of emergency rules does not apply to rules adopted under this
2subsection (t). The adoption of emergency rules authorized by
3this subsection (t) is deemed to be necessary for the public
4interest, safety, and welfare.
5    (u) In order to provide for the expeditious and timely
6implementation of the provisions of the Burn Victims Relief
7Act, emergency rules to implement any provision of the Act may
8be adopted in accordance with this subsection (u) by the
9Department of Insurance. The rulemaking authority granted in
10this subsection (u) shall apply only to those rules adopted
11prior to December 31, 2015. The adoption of emergency rules
12authorized by this subsection (u) is deemed to be necessary for
13the public interest, safety, and welfare.
14    (v) In order to provide for the expeditious and timely
15implementation of the provisions of Public Act 99-516,
16emergency rules to implement Public Act 99-516 may be adopted
17in accordance with this subsection (v) by the Department of
18Healthcare and Family Services. The 24-month limitation on the
19adoption of emergency rules does not apply to rules adopted
20under this subsection (v). The adoption of emergency rules
21authorized by this subsection (v) is deemed to be necessary for
22the public interest, safety, and welfare.
23    (w) In order to provide for the expeditious and timely
24implementation of the provisions of Public Act 99-796,
25emergency rules to implement the changes made by Public Act
2699-796 may be adopted in accordance with this subsection (w) by

 

 

10000SB0691sam003- 25 -LRB100 07334 RJF 23800 a

1the Adjutant General. The adoption of emergency rules
2authorized by this subsection (w) is deemed to be necessary for
3the public interest, safety, and welfare.
4    (x) In order to provide for the expeditious and timely
5implementation of the provisions of Public Act 99-906 this
6amendatory Act of the 99th General Assembly, emergency rules to
7implement subsection (i) of Section 16-115D, subsection (g) of
8Section 16-128A, and subsection (a) of Section 16-128B of the
9Public Utilities Act may be adopted in accordance with this
10subsection (x) by the Illinois Commerce Commission. The
11rulemaking authority granted in this subsection (x) shall apply
12only to those rules adopted within 180 days after June 1, 2017
13(the effective date of Public Act 99-906) this amendatory Act
14of the 99th General Assembly. The adoption of emergency rules
15authorized by this subsection (x) is deemed to be necessary for
16the public interest, safety, and welfare.
17    (y) In order to provide for the expeditious and timely
18implementation of the provisions of this amendatory Act of the
19100th General Assembly, emergency rules to implement any
20provision of this amendatory Act of the 100th General Assembly
21may be adopted in accordance with this subsection (y) by the
22Department of State Police, the Department of Transportation,
23the Illinois State Toll Highway Authority, the Illinois
24Commerce Commission, and the Secretary of State. The rulemaking
25authority granted in this subsection (y) shall apply only to
26those rules adopted within 180 days after the effective date of

 

 

10000SB0691sam003- 26 -LRB100 07334 RJF 23800 a

1this amendatory Act of the 100th General Assembly. The adoption
2of emergency rules authorized by this subsection (y) is deemed
3to be necessary for the public interest, safety, and welfare.
4(Source: P.A. 98-104, eff. 7-22-13; 98-463, eff. 8-16-13;
598-651, eff. 6-16-14; 99-2, eff. 3-26-15; 99-6, eff. 1-1-16;
699-143, eff. 7-27-15; 99-455, eff. 1-1-16; 99-516, eff.
76-30-16; 99-642, eff. 7-28-16; 99-796, eff. 1-1-17; 99-906,
8eff. 6-1-17; revised 1-1-17.)
 
9    Section 10. The State Police Act is amended by changing
10Section 7.2 and by adding Section 7.5 as follows:
 
11    (20 ILCS 2610/7.2)
12    Sec. 7.2. State Police Merit Board Public Safety Fund.
13    (a) A special fund in the State treasury is hereby created
14which shall be known as the State Police Merit Board Public
15Safety Fund. The Fund shall be used by the State Police Merit
16Board to provide a cadet program for State Police personnel and
17to meet all costs associated with the functions of the State
18Police Merit Board. Notwithstanding any other law to the
19contrary, the State Police Merit Board Public Safety Fund is
20not subject to sweeps, administrative charge-backs, or any
21other fiscal or budgetary maneuver that would in any way
22transfer any amounts from the State Police Merit Board Public
23Safety Fund into any other fund of the State.
24    (b) The Fund may receive State appropriations, gifts,

 

 

10000SB0691sam003- 27 -LRB100 07334 RJF 23800 a

1grants, and federal funds and shall include earnings from the
2investment of moneys in the Fund.
3    (c) The administration of this Fund shall be the
4responsibility of the State Police Merit Board. The Board shall
5establish terms and conditions for the operation of the Fund.
6The Board shall establish and implement fiscal controls and
7accounting periods for programs operated using the Fund. All
8fees or moneys received by the State Treasurer under subsection
9(n) of Section 27.6 of the Clerks of Courts Act shall be
10deposited into the Fund. The moneys deposited in the State
11Police Merit Board Public Safety Fund shall be appropriated to
12the State Police Merit Board for expenses of the Board for the
13administration and conduct of all its programs for State Police
14personnel. Three percent of the moneys deposited into the Fund
15under subsection (d-5) of Section 20 of the Automated Traffic
16Control Systems in Highway Construction or Maintenance Zones
17Act shall be used for advertising or other methods to attract
18diverse State Police cadet candidates so that the headcount
19goal of State Police officers under Section 7.5 of this Act
20continues to adequately represent the population of women,
21minorities, and military veterans in this State.
22(Source: P.A. 97-1051, eff. 1-1-13.)
 
23    (20 ILCS 2610/7.5 new)
24    Sec. 7.5. Cadet classes. Beginning July 1, 2018, the
25Director of State Police, in conjunction with the State Police

 

 

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1Merit Board, shall annually appoint between one and 3 cadet
2classes with a goal of a minimum of 75 cadets per class. The
3appointments shall continue until the Department's total sworn
4headcount meets or exceeds 2,500 sworn State Police officers.
5The headcount goal of the Director shall be to maintain a total
6minimum headcount of 2,500 sworn State Police officers.
 
7    Section 15. The Illinois Vehicle Code is amended by
8changing Sections 3-704 and 11-605.1 as follows:
 
9    (625 ILCS 5/3-704)  (from Ch. 95 1/2, par. 3-704)
10    Sec. 3-704. Authority of Secretary of State to suspend or
11revoke a registration or certificate of title; authority to
12suspend or revoke the registration of a vehicle.
13    (a) The Secretary of State may suspend or revoke the
14registration of a vehicle or a certificate of title,
15registration card, registration sticker, registration plate,
16disability parking decal or device, or any nonresident or other
17permit in any of the following events:
18        1. When the Secretary of State is satisfied that such
19    registration or that such certificate, card, plate,
20    registration sticker or permit was fraudulently or
21    erroneously issued;
22        2. When a registered vehicle has been dismantled or
23    wrecked or is not properly equipped;
24        3. When the Secretary of State determines that any

 

 

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1    required fees have not been paid to the Secretary of State,
2    to the Illinois Commerce Commission, or to the Illinois
3    Department of Revenue under the Motor Fuel Tax Law, and the
4    same are not paid upon reasonable notice and demand;
5        4. When a registration card, registration plate,
6    registration sticker or permit is knowingly displayed upon
7    a vehicle other than the one for which issued;
8        5. When the Secretary of State determines that the
9    owner has committed any offense under this Chapter
10    involving the registration or the certificate, card,
11    plate, registration sticker or permit to be suspended or
12    revoked;
13        6. When the Secretary of State determines that a
14    vehicle registered not-for-hire is used or operated
15    for-hire unlawfully, or used or operated for purposes other
16    than those authorized;
17        7. When the Secretary of State determines that an owner
18    of a for-hire motor vehicle has failed to give proof of
19    financial responsibility as required by this Act;
20        8. When the Secretary determines that the vehicle is
21    not subject to or eligible for a registration;
22        9. When the Secretary determines that the owner of a
23    vehicle registered under the mileage weight tax option
24    fails to maintain the records specified by law, or fails to
25    file the reports required by law, or that such vehicle is
26    not equipped with an operable and operating speedometer or

 

 

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1    odometer;
2        10. When the Secretary of State is so authorized under
3    any other provision of law;
4        11. When the Secretary of State determines that the
5    holder of a disability parking decal or device has
6    committed any offense under Chapter 11 of this Code
7    involving the use of a disability parking decal or device.
8    (a-5) The Secretary of State may revoke a certificate of
9title and registration card and issue a corrected certificate
10of title and registration card, at no fee to the vehicle owner
11or lienholder, if there is proof that the vehicle
12identification number is erroneously shown on the original
13certificate of title.
14    (b) The Secretary of State may suspend or revoke the
15registration of a vehicle as follows:
16        1. When the Secretary of State determines that the
17    owner of a vehicle has not paid a civil penalty or a
18    settlement agreement arising from the violation of rules
19    adopted under the Illinois Motor Carrier Safety Law or the
20    Illinois Hazardous Materials Transportation Act or that a
21    vehicle, regardless of ownership, was the subject of
22    violations of these rules that resulted in a civil penalty
23    or settlement agreement which remains unpaid.
24        2. When the Secretary of State determines that a
25    vehicle registered for a gross weight of more than 16,000
26    pounds within an affected area is not in compliance with

 

 

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1    the provisions of Section 13-109.1 of the Illinois Vehicle
2    Code.
3        3. When the Secretary of State is notified by the
4    United States Department of Transportation that a vehicle
5    is in violation of the Federal Motor Carrier Safety
6    Regulations, as they are now or hereafter amended, and is
7    prohibited from operating.
8    (c) The Secretary of State may suspend the registration of
9a vehicle when a court finds that the vehicle was used in a
10violation of Section 24-3A of the Criminal Code of 1961 or the
11Criminal Code of 2012 relating to gunrunning. A suspension of
12registration under this subsection (c) may be for a period of
13up to 90 days.
14    (d) The Secretary of State shall not renew the registration
15of a vehicle when the Illinois Commerce Commission finds that
16the registered owner of a vehicle used in violation of the
17Automated Traffic Control Systems in Highway Construction or
18Maintenance Zones Act: (1) has failed to pay any penalty due
19and owing as a result of 3 violations under the Automated
20Traffic Control Systems in Highway Construction or Maintenance
21Zones Act; or (2) is more than 30 calendar days in default of a
22payment plan. The Illinois Commerce Commission and the
23Secretary of State shall adopt rules to implement this
24subsection (d).
25(Source: P.A. 97-540, eff. 1-1-12; 97-1150, eff. 1-25-13.)
 

 

 

10000SB0691sam003- 32 -LRB100 07334 RJF 23800 a

1    (625 ILCS 5/11-605.1)
2    Sec. 11-605.1. Special limit while traveling through a
3highway construction or maintenance speed zone.
4    (a) A person may not operate a motor vehicle in a
5construction or maintenance speed zone at a speed in excess of
6the posted speed limit when workers are present.
7    (a-5) A person may not operate a motor vehicle in a
8construction or maintenance speed zone at a speed in excess of
9the posted speed limit when workers are not present.
10    (b) Nothing in this Chapter prohibits the use of electronic
11speed-detecting devices within 500 feet of signs within a
12construction or maintenance speed zone as defined by the
13Automated Traffic Control Systems in Highway Construction or
14Maintenance Zones Act. A violation incurred by use of
15electronic speed-detecting devices shall not constitute a
16first or subsequent violation of this Section for purposes of
17fines or driver's license suspensions indicating the zone, as
18defined in this Section, nor shall evidence obtained by use of
19those devices be inadmissible in any prosecution for speeding,
20provided the use of the device shall apply only to the
21enforcement of the speed limit in the construction or
22maintenance speed zone.
23    (c) As used in this Section, a "construction or maintenance
24speed zone" is an area in which the Department, Toll Highway
25Authority, or local agency has posted signage advising drivers
26that a construction or maintenance speed zone is being

 

 

10000SB0691sam003- 33 -LRB100 07334 RJF 23800 a

1approached, or in which the Department, Authority, or local
2agency is preparing for construction or maintenance of the
3road, conducting construction or maintenance of the road, or
4removing construction or maintenance equipment and materials
5from the road, and has posted a lower speed limit with a
6highway construction or maintenance speed zone special speed
7limit sign after determining that the preexisting established
8speed limit through a highway construction or maintenance
9project is greater than is reasonable or safe with respect to
10the conditions expected to exist in the construction or
11maintenance speed zone.
12    If it is determined that the preexisting established speed
13limit is safe with respect to the conditions expected to exist
14in the construction or maintenance speed zone, additional speed
15limit signs which conform to the requirements of this
16subsection (c) shall be posted.
17    Highway construction or maintenance speed zone special
18speed limit signs shall be of a design approved by the
19Department. The signs must give proper due warning that a
20construction or maintenance speed zone is being approached and
21must indicate the maximum speed limit in effect. The signs also
22must state the amount of the potential fines minimum fine for a
23violation or automated violation.
24    (d) Except as provided under subsection (d-5), a person who
25violates this Section is guilty of a petty offense. Violations
26of this Section are punishable with a minimum fine of $250 for

 

 

10000SB0691sam003- 34 -LRB100 07334 RJF 23800 a

1the first violation and a minimum fine of $750 for the second
2or subsequent violation.
3    (d-5) A person committing a violation of this Section is
4guilty of aggravated special speed limit while traveling
5through a highway construction or maintenance speed zone when
6he or she drives a motor vehicle at a speed that is:
7        (1) 26 miles per hour or more but less than 35 miles
8    per hour in excess of the applicable special speed limit
9    established under this Section or a similar provision of a
10    local ordinance and is guilty of a Class B misdemeanor; or
11        (2) 35 miles per hour or more in excess of the
12    applicable special speed limit established under this
13    Section or a similar provision of a local ordinance and is
14    guilty of a Class A misdemeanor.
15    (e) If a fine for a violation of this Section is $250 or
16greater, the person who violated this Section shall be charged
17an additional $125, which shall be deposited into the
18Transportation Safety Highway Hire-back Fund in the State
19treasury, unless (i) the violation occurred on a highway other
20than an interstate highway and (ii) a county police officer
21wrote the ticket for the violation, in which case the $125
22shall be deposited into that county's Transportation Safety
23Highway Hire-back Fund. In the case of a second or subsequent
24violation of this Section, if the fine is $750 or greater, the
25person who violated this Section shall be charged an additional
26$250, which shall be deposited into the Transportation Safety

 

 

10000SB0691sam003- 35 -LRB100 07334 RJF 23800 a

1Highway Hire-back Fund in the State treasury, unless (i) the
2violation occurred on a highway other than an interstate
3highway and (ii) a county police officer wrote the ticket for
4the violation, in which case the $250 shall be deposited into
5that county's Transportation Safety Highway Hire-back Fund.
6    (e-5) The Department of State Police and the local county
7police department have concurrent jurisdiction over any
8violation of this Section that occurs on an interstate highway.
9    (f) The Transportation Safety Highway Hire-back Fund,
10which was created by Public Act 92-619, shall continue to be a
11special fund in the State treasury. Subject to appropriation by
12the General Assembly and approval by the Secretary, the
13Secretary of Transportation shall use all moneys in the
14Transportation Safety Highway Hire-back Fund to hire off-duty
15Department of State Police officers to monitor construction or
16maintenance zones, and to provide additional policing as
17determined by the Director of State Police, in coordination
18with the Secretary of Transportation, including State Police
19cadet training.
20    (f-5) Each county shall create a Transportation Safety
21Highway Hire-back Fund. The county shall use the moneys in its
22Transportation Safety Highway Hire-back Fund to hire off-duty
23county police officers to monitor construction or maintenance
24zones in that county on highways other than interstate
25highways, and to provide additional policing as determined by
26the sheriff. The county, in its discretion, may also use a

 

 

10000SB0691sam003- 36 -LRB100 07334 RJF 23800 a

1portion of the moneys in its Transportation Safety Highway
2Hire-back Fund to purchase equipment for county law enforcement
3and fund the production of materials to educate drivers on
4construction zone safe driving habits.
5    (f-10) Each local agency operating an automated control
6system under the Automated Traffic Control Systems in Highway
7Construction or Maintenance Zones Act may create a
8Transportation Safety Highway Hire-back Fund to hire off-duty
9law enforcement officers to monitor construction or
10maintenance zones within that agency's jurisdiction and
11provide additional policing within that agency's jurisdiction.
12    (g) For a second or subsequent violation of this Section
13within 2 years of the date of the previous violation, the
14Secretary of State shall suspend the driver's license of the
15violator for a period of 90 days. This suspension shall only be
16imposed if the current violation of this Section and at least
17one prior violation of this Section occurred during a period
18when workers were present in the construction or maintenance
19zone.
20(Source: P.A. 98-337, eff. 1-1-14; 99-212, eff. 1-1-16; 99-280,
21eff. 1-1-16; 99-642, eff. 7-28-16.)
 
22    Section 20. The Automated Traffic Control Systems in
23Highway Construction or Maintenance Zones Act is amended by
24changing Sections 10, 15, 20, 25, 30, 35, and 40 as follows:
 

 

 

10000SB0691sam003- 37 -LRB100 07334 RJF 23800 a

1    (625 ILCS 7/10)
2    Sec. 10. Establishment of automated traffic control
3systems. The Department of State Police or local agency with
4jurisdiction may establish and enforce an automated traffic
5control system in any construction or maintenance zone
6established by the Department of Transportation, or the
7Illinois State Toll Highway Authority, or a local agency with
8jurisdiction. The Department of State Police may enforce an
9automated traffic control system in any construction or
10maintenance zone established by a local agency with
11jurisdiction. The Department of State Police shall cease
12automated enforcement operations if the municipal chief of
13police with jurisdiction makes a written request to the
14Department of State Police. The Department of State Police
15shall cease automated enforcement operations in any
16unincorporated area of the county if the county sheriff with
17jurisdiction makes a written request to the Department of State
18Police. The Department of State Police or local agency shall
19operate a technically advanced system in terms of image or
20video recording capabilities in combination with vehicle
21detection sensors. No automated traffic control system shall be
22established or operated under this Section unless approved by
23the Secretary of Transportation. The Department of State Police
24and the Department of Transportation shall create rules for the
25establishment, compatibility, operation, transmission of data,
26and enforcement of an automated traffic control system under

 

 

10000SB0691sam003- 38 -LRB100 07334 RJF 23800 a

1this Act. The Department of State Police shall review and send
2notice of any violation of this Act. The Department of State
3Police shall be responsible for entering into contracts with
4vendors for the establishment, maintenance, and operation of
5the automated traffic control system. All contracts shall be
6paid from the penalties collected under this Act before any
7other funds are distributed. A local agency with jurisdiction
8seeking to utilize an automated traffic control system shall
9enter into an intergovernmental agreement with the Department
10of State Police to sub-lease the equipment. The Department of
11State Police shall review all the evidence of potential
12violations, make violation determinations, and send out all
13notices of violations. An automated traffic control system may
14operate only during those periods when workers are present in
15the construction or maintenance zone. In any prosecution based
16upon evidence obtained through an automated traffic control
17system established under this Act, the State must prove that
18one or more workers were present in the construction or
19maintenance zone when the violation occurred.
20(Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06;
2194-814, eff. 1-1-07.)
 
22    (625 ILCS 7/15)
23    Sec. 15. Definitions. As used in this Act:
24    (a) "Automated traffic control system" means any system
25with image or video recording capabilities in combination with

 

 

10000SB0691sam003- 39 -LRB100 07334 RJF 23800 a

1vehicle detection sensors that accurately measures a vehicle's
2speed while recording a clear image or video of the vehicle and
3the vehicle's front and rear registration plates while the
4driver is violating Section 20 of this Act. Each system shall
5also attempt to capture the image of the face of the driver to
6assist the owners of the vehicle in identifying the person
7driving the vehicle at the time of the violation. The image of
8the face of the driver is not necessary for the issuance of a
9Notice of Violation under Section 30 of this Act. a
10photographic device, radar device, laser device, or other
11electrical or mechanical device or devices designed to record
12the speed of a vehicle and obtain a clear photograph or other
13recorded image of the vehicle, the vehicle operator, and the
14vehicle's registration plate while the driver is violating
15Section 11-605.1 of the Illinois Vehicle Code. The photograph
16or other recorded image must also display the time, date, and
17location of the violation. A law enforcement officer is not
18required to be present or to witness the violation.
19    (b) "Construction or maintenance zone" means an area in
20which the Department of Transportation, or the Illinois State
21Toll Highway Authority, or local agency with jurisdiction is
22preparing for construction or maintenance of the road,
23conducting construction or maintenance of the road, or removing
24construction or maintenance equipment and materials from the
25road, and has determined that the preexisting established speed
26limit through a highway construction or maintenance project is

 

 

10000SB0691sam003- 40 -LRB100 07334 RJF 23800 a

1greater than is reasonable or safe with respect to the
2conditions expected to exist in the construction or maintenance
3zone and has posted a lower speed limit with a highway
4construction or maintenance zone special speed limit sign in
5accordance with Section 11-605.1 of the Illinois Vehicle Code.
6Unless a road or highway remains in an unsafe or hazardous
7condition, including, but not limited to, lane closures,
8traffic alterations, or other alterations impacting normal
9driving conditions, no automated enforcement shall occur in a
10construction or maintenance zone if construction work has not
11occurred in the previous 48 hours or more.
12    "Local agency with jurisdiction" means the municipality or
13county establishing a construction or maintenance zone under
14this Act. Local agency enforcement is limited to all or any
15portion of a State highway or road where speed limits exceed 45
16miles per hour before establishment of a construction or
17maintenance zone. Local agency enforcement for a county is
18limited to an unincorporated area of the county.
19    (c) "Owner" means the person or entity to whom the vehicle
20is registered.
21(Source: P.A. 93-947, eff. 8-19-04.)
 
22    (625 ILCS 7/20)
23    Sec. 20. Civil violation; penalties; vehicle registration
24non-renewal Penalties.
25    (a) A motor vehicle may not operate in a construction or

 

 

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1maintenance zone at a speed in excess of the posted speed
2limit. The registered owner of a motor vehicle operated in
3violation of this Section when the violation is recorded by an
4automated traffic control system shall be subject to the
5following penalties:
6        (1) if the recorded speed is less than 10 miles per
7    hour over the posted speed limit, a civil penalty may not
8    be imposed under this Act; however, the Department of State
9    Police may send a speed violation warning notice to the
10    registered owner of the vehicle, in the same manner that a
11    Notice of Violation is sent under this Act;
12        (2) if the recorded speed is at least 10 miles per hour
13    but less than 20 miles per hour over the posted speed
14    limit, a civil penalty of $50 is imposed, and if the
15    penalty is not paid in a timely manner an additional
16    penalty of $50 is imposed; or
17        (3) if the recorded speed is 20 miles per hour or more
18    over the posted speed limit, a civil penalty of $100 is
19    imposed, and if the penalty is not paid in a timely manner
20    an additional penalty of $100 is imposed.
21    (b) A violation of this Section is a civil penalty, and not
22a violation of a traffic regulation governing the movement of
23vehicles and may not be recorded on the driving record of the
24owner of the vehicle.
25    (c) In addition to the penalties imposed under this
26Section, the Secretary of State shall not renew the vehicle

 

 

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1registration of the registered owner of a vehicle operated in
2violation of this Section, if the Illinois Commerce Commission
3finds that the owner: (1) has failed to pay any penalty due and
4owing as a result of 3 violations of this Section; or (2) is
5more than 30 calendar days in default of a payment plan. The
6Illinois Commerce Commission and the Secretary of State shall
7adopt rules to implement this Section.
8    (d) Forty percent of the penalties collected under an
9automated traffic control system established by a local agency
10that enters into an intergovernmental agreement with the
11Department of State Police shall be deposited as follows: 20%
12into the Traffic and Criminal Conviction Surcharge Fund for use
13in law enforcement training and 20% into the State Police
14Operations Assistance Fund.
15    (d-5) Forty percent of the penalties collected under an
16automated traffic control system established by the Department
17of State Police, the Department of Transportation, or the
18Illinois State Toll Highway Authority, shall be deposited into
19the State Police Merit Board Public Safety Fund for
20distribution under Section 7.2 of the State Police Act.
21    (e) Ten percent of the penalties collected under an
22automated traffic control system established by the Department
23of State Police, the Department of Transportation, or the
24Illinois State Toll Highway Authority, shall be deposited into
25the State Transportation Safety Highway Hire-back Fund. All
26moneys deposited into the State Transportation Safety Highway

 

 

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1Hire-back Fund from funds collected under an automated traffic
2control system established by the Illinois State Toll Highway
3Authority shall be used exclusively for policing expenditures
4on State tollways. Ten percent of the penalties collected under
5an automated traffic control system established by a local
6agency with jurisdiction shall be deposited as follows: 5% into
7the Transportation Safety Highway Hire-back Fund of the local
8agency with jurisdiction, if a fund exists, and 5% into the
9State Transportation Safety Highway Hire-back Fund. If the
10local agency with jurisdiction does not have a Transportation
11Safety Highway Hire-back Fund, then 10% of the penalties
12collected under an automated traffic control system
13established by a local agency with jurisdiction shall be
14deposited into the State Transportation Safety Highway
15Hire-back Fund. The funds deposited into the State
16Transportation Safety Highway Hire-back Fund or the
17Transportation Safety Highway Hire-back Fund of the local
18agency with jurisdiction under this subsection (e) shall be
19used to hire off-duty Department of State Police or local
20agency officers to monitor construction or maintenance zones
21and provide for additional policing. The Department of State
22Police may recover, and deposit into the State Police
23Operations Assistance Fund, enforcement and administrative
24costs from enforcement penalties collected under this Act, but
25the amount collected shall not exceed 20% of the total
26penalties collected under this Act. A local agency with

 

 

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1jurisdiction may establish a Safety Highway Hire-back Fund to
2receive revenues under this Section. The Department of State
3Police shall adopt rules to implement this subsection (e).
4    (e-5) Twenty percent of the penalties collected under an
5automated traffic control system shall be deposited into the
6Road Fund and used exclusively for driver education or work
7zone safety awareness; or into the State Transportation
8Hire-back Fund and used exclusively for roads and highways
9under the jurisdiction of the Department of Transportation.
10    (e-7) Ten percent of all penalties collected under this Act
11shall be deposited into the Transportation Regulatory Fund and
12may be used by the Illinois Commerce Commission for
13administrative, enforcement, and adjudicatory purposes.
14    (f) The Department of State Police and the Department of
15Transportation shall jointly conduct an annual statistical
16analysis to assess the safety impact of the system. The
17statistical analysis shall be based upon the best available
18crash, traffic, and other data, and shall cover a period of
19time before and after the installation of the system sufficient
20to provide a statistically valid comparison of the safety
21impact. The statistical analysis required by this subsection
22(f) shall be made available to the public and shall be
23published on the websites of the Department of State Police and
24the Department of Transportation.
25    (g) The Illinois Commerce Commission and Department of
26State Police shall adopt rules for collection of penalties,

 

 

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1conduct of administrative proceedings, and other rules
2necessary to implement this Act. The rules adopted must allow
3for a 60-day period to pay a penalty or challenge each attested
4Notice of Violation.
5The penalties for and consequences of a traffic violation
6recorded by an automated traffic control system are the same as
7for any similar violation of the Illinois Vehicle Code.
8(Source: P.A. 93-947, eff. 8-19-04.)
 
9    (625 ILCS 7/25)
10    Sec. 25. Limitations on the use of automated traffic
11control enforcement systems.
12    (a) The Department of State Police or local agency with
13jurisdiction must conduct a public information campaign to
14inform drivers about the use of automated traffic control
15systems in highway construction or maintenance zones,
16including but not limited to speed restrictions under Sections
1711-601.5 and 11-605.1 of the Illinois Vehicle Code and
18penalties for injuring or killing a worker in a highway
19construction or maintenance zone under Section 11-908 of the
20Illinois Vehicle Code before establishing any of those systems.
21The Department of State Police shall adopt rules for
22implementing this subsection (a).
23    (b) Signs indicating that speeds are enforced by automated
24traffic control systems must be clearly and conspicuously
25posted not more than 500 feet before a construction or

 

 

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1maintenance zone and not more than 500 feet before an automated
2traffic control system. Signs indicating the end of a
3construction or maintenance zone utilizing an automated
4traffic control system must be clearly and conspicuously posted
5in the areas where the systems are in use.
6    (c) Operation of automated traffic control systems is
7limited to established areas where road construction or
8maintenance zones is occurring.
9    (d) Photographs or other recorded images obtained in this
10manner may only be used as evidence in relation to a violation
11of this Act or Section 11-605.1 of the Illinois Vehicle Code
12for which the photograph is taken. For the purposes of this
13Act, the The photographs or other recorded images are available
14only to the owner of the vehicle, the driver of the vehicle,
15the lessee of the vehicle, the offender and the offender's
16attorney of the owner or driver or lessee, hearing officer,
17relevant Secretary of State or Illinois Commerce Commission
18personnel the judiciary, the local State's Attorney, and law
19enforcement officials.
20    (e) (Blank). If the driver of the vehicle cannot be
21identified through the photograph, the owner is not liable for
22the fine, and the citation may not be counted against the
23driving record of the owner. If the driver can be identified,
24the driver is liable for the fine, and the violation is counted
25against his or her driving record.
26(Source: P.A. 93-947, eff. 8-19-04.)
 

 

 

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1    (625 ILCS 7/30)
2    Sec. 30. Requirements for issuance of a Notice of Violation
3citation.
4    (a) The vehicle, vehicle operator, vehicle registration
5plate, speed, date, time, and location must be clearly visible
6on the photograph or other recorded image of the alleged
7violation. The Department of State Police must review and
8approve the photograph or other recorded image for compliance
9with this subsection. The Department of State Police shall
10adopt rules for: (1) coordination of enforcement efforts with
11State agencies, local agencies with jurisdiction, the Illinois
12Commerce Commission, and the Secretary of State; (2) notices to
13motorists; and (3) review and approval of photographs or other
14recorded images from automated traffic control systems
15established by the Department or a local agency with
16jurisdiction. The rules may provide that the review and
17approval of the photograph or other recorded image under this
18subsection may be conducted by a Department employee other than
19a sworn law enforcement officer.
20    (b) A Notice of Violation Uniform Traffic Citation must be
21mailed by first class United States mail with postage prepaid
22or otherwise delivered to the registered owner of the vehicle .
23If mailed, the citation must be sent via certified mail within
2414 business days of the alleged violation, return receipt
25requested.

 

 

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1    (c) The Notice of Violation Uniform Traffic Citation must
2include:
3        (1) the name and address of the vehicle owner;
4        (2) the registration number of the vehicle;
5        (3) the violation offense charged;
6        (4) the time, date, and location of the violation;
7        (5) (blank) the first available court date; and
8        (6) notice that the basis of the violation citation is
9    the photograph or recorded image from the automated traffic
10    control system; .
11        (7) a copy of the recorded image or images and a
12    statement that the violation occurred in a construction or
13    maintenance zone, as defined by Section 15 of this Act;
14        (8) the amount of the civil penalty imposed and the
15    date by which the civil penalty should be paid;
16        (9) a statement that recorded images are evidence of a
17    violation of a speed restriction;
18        (10) a warning that failure to pay the civil penalty in
19    a timely manner is an admission of liability and may result
20    in the non-renewal of the vehicle registration of the owner
21    of the vehicle;
22        (11) a statement that the person may elect to proceed
23    by:
24            (A) paying the fine;
25            (B) challenging the charge by mail or by
26        administrative hearing; or

 

 

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1            (C) challenging the charge by any administrative
2        rule adopted by the Illinois Commerce Commission under
3        this Act; and
4        (12) a website address where the owner may view the
5    recorded images of the violation.
6    (d) The Notice of Violation Uniform Traffic Citation issued
7to the owner violator must be a single sheet. accompanied by a
8written document that lists the violator's rights and
9obligations and explains how the violator can elect to proceed
10by either paying the fine or challenging the issuance of the
11The written document must also include on the backside of the
12sheet information on penalties for injuring or killing a worker
13in a highway construction or maintenance zone Uniform Traffic
14Citation.
15(Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06;
1694-814, eff. 1-1-07.)
 
17    (625 ILCS 7/35)
18    Sec. 35. Response to issuance of a Notice of Violation
19citation.
20    (a) If a A person issued a Notice of Violation citation
21under this Act (1) has failed to pay any penalty due and owing
22as a result of 3 violations under the Automated Traffic Control
23Systems in Highway Construction or Maintenance Zones Act; or
24(2) is more than 30 calendar days in default of a payment plan,
25the Secretary of State shall not renew the registration of the

 

 

10000SB0691sam003- 50 -LRB100 07334 RJF 23800 a

1owner of the vehicle. The Secretary of State shall adopt rules
2to implement this Section may respond to the citation in person
3or by any method allowed by law.
4    (b) (Blank). If the driver of the vehicle cannot be
5identified through the photograph or other recorded image, the
6owner is not liable for the fine.
7    (c) The Illinois Commerce Commission shall establish an
8administrative process to carry out this Section and shall
9adopt rules to allow for coordination with the Department of
10State Police, the Secretary of State, other State agencies, and
11local agencies with jurisdiction to enforce this Section. The
12rules adopted shall not allow for less than 60 days for a
13vehicle owner to either pay the violation or challenge the
14violation by mail, administrative hearing, or any other
15procedure established by rule. The rules shall provide a
16process by which a vehicle owner may transfer liability for a
17violation under this Act to the driver of the owner's vehicle
18and a process by which a lessor may transfer liability for a
19violation under this Act to the lessee of the lessor's vehicle.
20    (d) In an administrative proceeding challenging the
21violation, the hearing officer may consider in defense of a
22violation:
23        (1) that the motor vehicle or registration plate of the
24    motor vehicle were stolen before the violation occurred and
25    were not under the control of or in the possession of the
26    owner at the time of the violation;

 

 

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1        (2) that the driver or owner of the motor vehicle
2    received a Uniform Traffic Citation from a law enforcement
3    officer for a speed violation occurring within one-eighth
4    of a mile and within 15 minutes of the violation recorded
5    by the automated traffic control system;
6        (3) that the owner or lessor of the vehicle has
7    transferred liability to the driver;
8        (4) that clear and conspicuous signs were not displayed
9    at the construction or maintenance zone;
10        (5) that the Department of Transportation, Illinois
11    State Toll Highway Authority, or local agency with
12    jurisdiction did not properly establish a construction or
13    maintenance zone as defined under Section 15 of this Act;
14    or
15        (6) any other evidence or issues allowed by
16    administrative rule adopted under this Act.
17(Source: P.A. 93-947, eff. 8-19-04.)
 
18    (625 ILCS 7/40)
19    Sec. 40. Admissibility of recorded images. Any Except as
20provided in Section 45, any photograph or other recorded image
21evidencing a violation of this Act or Section 11-605.1 of the
22Illinois Vehicle Code is admissible in any proceeding resulting
23from the issuance of the Notice of Violation under this Act or
24Uniform Traffic Citation under Section 11-605.1 of the Illinois
25Vehicle Code. For the purposes of this Act, photographs

 

 

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1Photographs or other recorded images made by an automated
2automatic traffic control system are confidential and shall be
3made available only to those persons provided for under
4subsection (d) of Section 25 of this Act the defendant and to
5governmental or law enforcement agencies within the
6jurisdiction for the purposes of adjudicating a driving
7violation.
8(Source: P.A. 93-947, eff. 8-19-04.)
 
9    (625 ILCS 7/45 rep.)
10    Section 25. The Automated Traffic Control Systems in
11Highway Construction or Maintenance Zones Act is amended by
12repealing Section 45.
 
13    Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.".