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Full Text of SB1821  100th General Assembly

SB1821sam001 100TH GENERAL ASSEMBLY

Sen. Pamela J. Althoff

Filed: 3/10/2017

 

 


 

 


 
10000SB1821sam001LRB100 09678 SMS 23321 a

1
AMENDMENT TO SENATE BILL 1821

2    AMENDMENT NO. ______. Amend Senate Bill 1821 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Regulatory Sunset Act is amended by
5changing Sections 4.30, 4.32, and 4.36 as follows:
 
6    (5 ILCS 80/4.30)
7    Sec. 4.30. Acts repealed on January 1, 2020. The following
8Acts are repealed on January 1, 2020:
9    The Auction License Act.
10    The Community Association Manager Licensing and
11Disciplinary Act.
12    The Illinois Architecture Practice Act of 1989.
13    The Illinois Landscape Architecture Act of 1989.
14    The Illinois Professional Land Surveyor Act of 1989.
15    The Land Sales Registration Act of 1999.
16    The Orthotics, Prosthetics, and Pedorthics Practice Act.

 

 

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1    The Perfusionist Practice Act.
2    The Professional Engineering Practice Act of 1989.
3    The Real Estate License Act of 2000.
4    The Structural Engineering Practice Act of 1989.
5(Source: P.A. 96-610, eff. 8-24-09; 96-626, eff. 8-24-09;
696-682, eff. 8-25-09; 96-726, eff. 7-1-10; 96-730, eff.
78-25-09; 96-855, eff. 12-31-09; 96-856, eff. 12-31-09;
896-1000, eff. 7-2-10.)
 
9    (5 ILCS 80/4.32)
10    Sec. 4.32. Acts repealed on January 1, 2022. The following
11Acts are repealed on January 1, 2022:
12    The Boxing and Full-contact Martial Arts Act.
13    The Collateral Recovery Act.
14    The Detection of Deception Examiners Act.
15    The Home Inspector License Act.
16    The Interior Design Title Act.
17    The Massage Licensing Act.
18    The Petroleum Equipment Contractors Licensing Act.
19    The Real Estate Appraiser Licensing Act of 2002.
20    The Water Well and Pump Installation Contractor's License
21Act.
22(Source: P.A. 97-24, eff. 6-28-11; 97-119, eff. 7-14-11;
2397-168, eff. 7-22-11; 97-226, eff. 7-28-11; 97-428, eff.
248-16-11; 97-514, eff. 8-23-11; 97-576, eff. 7-1-12; 97-598,
25eff. 8-26-11; 97-602, eff. 8-26-11; 97-813, eff. 7-13-12.)
 

 

 

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1    (5 ILCS 80/4.36)
2    Sec. 4.36. Acts repealed on January 1, 2026. The following
3Acts are repealed on January 1, 2026:
4    The Barber, Cosmetology, Esthetics, Hair Braiding, and
5Nail Technology Act of 1985.
6    The Collection Agency Act.
7    The Hearing Instrument Consumer Protection Act.
8    The Illinois Athletic Trainers Practice Act.
9    The Illinois Dental Practice Act.
10    The Illinois Roofing Industry Licensing Act.
11    The Illinois Physical Therapy Act.
12    The Professional Geologist Licensing Act.
13    The Respiratory Care Practice Act.
14(Source: P.A. 99-26, eff. 7-10-15; 99-204, eff. 7-30-15;
1599-227, eff. 8-3-15; 99-229, eff. 8-3-15; 99-230, eff. 8-3-15;
1699-427, eff. 8-21-15; 99-469, eff. 8-26-15; 99-492, eff.
1712-31-15; 99-642, eff. 7-28-16.)
 
18    (225 ILCS 401/Act rep.)
19    Section 10. The Illinois Athlete Agents Act is repealed.
 
20    Section 15. The Auction License Act is amended by changing
21Sections 5-10 and 10-1 as follows:
 
22    (225 ILCS 407/5-10)

 

 

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1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 5-10. Definitions. As used in this Act:
3    "Advertisement" means any written, oral, or electronic
4communication that contains a promotion, inducement, or offer
5to conduct an auction or offer to provide an auction service,
6including but not limited to brochures, pamphlets, radio and
7television scripts, telephone and direct mail solicitations,
8electronic media, and other means of promotion.
9    "Advisory Board" or "Board" means the Auctioneer Advisory
10Board.
11    "Associate auctioneer" means a person who conducts an
12auction, but who is under the direct supervision of, and is
13sponsored by, a licensed auctioneer or auction firm.
14    "Auction" means the sale or lease of property, real or
15personal, by means of exchanges between an auctioneer and
16prospective purchasers or lessees, which consists of a series
17of invitations for offers made by the auctioneer and offers by
18prospective purchasers or lessees for the purpose of obtaining
19an acceptable offer for the sale or lease of the property,
20including the sale or lease of property via mail,
21telecommunications, or the Internet.
22    "Auction contract" means a written agreement between an
23auctioneer or auction firm and a seller or sellers.
24    "Auction firm" means any corporation, partnership, or
25limited liability company that acts as an auctioneer and
26provides an auction service.

 

 

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1    "Auction school" means any educational institution, public
2or private, which offers a curriculum of auctioneer education
3and training approved by the Department.
4    "Auction service" means the service of arranging,
5managing, advertising, or conducting auctions.
6    "Auctioneer" means a person or entity who, for another, for
7a fee, compensation, commission, or any other valuable
8consideration at auction or with the intention or expectation
9of receiving valuable consideration by the means of or process
10of an auction or sale at auction or providing an auction
11service, offers, negotiates, or attempts to negotiate an
12auction contract, sale, purchase, or exchange of goods,
13chattels, merchandise, personal property, real property, or
14any commodity that may be lawfully kept or offered for sale by
15or at auction.
16    "Address of Record" means the designated address recorded
17by the Department in the applicant's or licensee's application
18file or license file maintained by the Department. It is the
19duty of the applicant or licensee to inform the Department of
20any change of address, and such changes must be made either
21through the Department's website or by directly contacting the
22Department.
23    "Buyer premium" means any fee or compensation paid by the
24successful purchaser of property sold or leased at or by
25auction, to the auctioneer, auction firms, seller, lessor, or
26other party to the transaction, other than the purchase price.

 

 

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1    "Department" means the Department of Financial and
2Professional Regulation.
3    "Goods" means chattels, movable goods, merchandise, or
4personal property or commodities of any form or type that may
5be lawfully kept or offered for sale.
6    "Interactive computer service" means any information
7service, system, or access software provider that provides or
8enables computer access by multiple users to a computer server,
9including specifically a service or system that provides access
10to the Internet.
11    "Internet auction listing service" means a website on the
12Internet, or other interactive computer service, that is
13designed to allow or advertise as a means of allowing users to
14offer personal property or services for sale or lease to a
15prospective buyer or lessee through an on-line bid submission
16process using that website or interactive computer service and
17that does not examine, set the price, prepare the description
18of the personal property or service to be offered, or in any
19way utilize the services of a natural person as an auctioneer.
20    "Licensee" means any person licensed under this Act.
21    "Managing auctioneer" means any person licensed as an
22auctioneer who manages and supervises licensees sponsored by an
23auction firm or auctioneer.
24    "Person" means an individual, association, partnership,
25corporation, or limited liability company or the officers,
26directors, or employees of the same.

 

 

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1    "Pre-renewal period" means the 24 months prior to the
2expiration date of a license issued under this Act.
3    "Real estate" means real estate as defined in Section 1-10
4of the Real Estate License Act of 2000 or its successor Acts.
5    "Secretary" means the Secretary of the Department of
6Financial and Professional Regulation or his or her designee.
7    "Sponsoring auctioneer" means the auctioneer or auction
8firm who has issued a sponsor card to a licensed auctioneer.
9    "Sponsor card" means the temporary permit issued by the
10sponsoring auctioneer certifying that the licensee named
11thereon is employed by or associated with the sponsoring
12auctioneer and the sponsoring auctioneer shall be responsible
13for the actions of the sponsored licensee.
14(Source: P.A. 98-553, eff. 1-1-14.)
 
15    (225 ILCS 407/10-1)
16    (Section scheduled to be repealed on January 1, 2020)
17    Sec. 10-1. Necessity of license; exemptions.
18    (a) It is unlawful for any person, corporation, limited
19liability company, partnership, or other entity to conduct an
20auction, provide an auction service, hold himself or herself
21out as an auctioneer, or advertise his or her services as an
22auctioneer in the State of Illinois without a license issued by
23the Department under this Act, except at:
24        (1) an auction conducted solely by or for a
25    not-for-profit organization for charitable purposes in

 

 

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1    which the individual receives no compensation;
2        (2) an auction conducted by the owner of the property,
3    real or personal;
4        (3) an auction for the sale or lease of real property
5    conducted by a licensee under the Real Estate License Act,
6    or its successor Acts, in accordance with the terms of that
7    Act;
8        (4) an auction conducted by a business registered as a
9    market agency under the federal Packers and Stockyards Act
10    (7 U.S.C. 181 et seq.) or under the Livestock Auction
11    Market Law;
12        (5) an auction conducted by an agent, officer, or
13    employee of a federal agency in the conduct of his or her
14    official duties; and
15        (6) an auction conducted by an agent, officer, or
16    employee of the State government or any political
17    subdivision thereof performing his or her official duties.
18    (b) Nothing in this Act shall be construed to apply to a
19new or used vehicle dealer or a vehicle auctioneer licensed by
20the Secretary of State of Illinois, or to any employee of the
21licensee, who is a resident of the State of Illinois, while the
22employee is acting in the regular scope of his or her
23employment for the licensee while conducting an auction that is
24not open to the public, provided that only new or used vehicle
25dealers, rebuilders, automotive parts recyclers, or scrap
26processors licensed by the Secretary of State or licensed by

 

 

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1another state or jurisdiction may buy property at the auction,
2or to sales by or through the licensee. Out-of-state salvage
3vehicle buyers licensed in another state or jurisdiction may
4also buy property at the auction.
5    (c) Nothing in this Act shall be construed to prohibit a
6person under the age of 18 from selling property under $250 in
7value while under the direct supervision of a licensed
8auctioneer.
9    (d) Nothing in this Act, except Section 10-27, shall be
10construed to apply to a person while providing an Internet
11auction listing service as defined in Section 5-10 10-27.
12(Source: P.A. 95-572, eff. 6-1-08; 95-783, eff. 1-1-09; 96-730,
13eff. 8-25-09.)
 
14    (225 ILCS 407/10-27 rep.)
15    Section 20. The Auction License Act is amended by repealing
16Section 10-27.
 
17    (225 ILCS 430/Act rep.)
18    Section 25. The Detection of Deception Examiners Act is
19repealed.
 
20    Section 30. The Real Estate License Act of 2000 is amended
21by changing Sections 1-10, 5-20, 20-20, and 20-85 as follows:
 
22    (225 ILCS 454/1-10)

 

 

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1    (Section scheduled to be repealed on January 1, 2020)
2    Sec. 1-10. Definitions. In this Act, unless the context
3otherwise requires:
4    "Act" means the Real Estate License Act of 2000.
5    "Address of record" means the designated address recorded
6by the Department in the applicant's or licensee's application
7file or license file as maintained by the Department's
8licensure maintenance unit. It is the duty of the applicant or
9licensee to inform the Department of any change of address, and
10those changes must be made either through the Department's
11website or by contacting the Department.
12    "Advisory Council" means the Real Estate Education
13Advisory Council created under Section 30-10 of this Act.
14    "Agency" means a relationship in which a broker or
15licensee, whether directly or through an affiliated licensee,
16represents a consumer by the consumer's consent, whether
17express or implied, in a real property transaction.
18    "Applicant" means any person, as defined in this Section,
19who applies to the Department for a valid license as a managing
20broker, broker, or leasing agent.
21    "Blind advertisement" means any real estate advertisement
22that does not include the sponsoring broker's business name and
23that is used by any licensee regarding the sale or lease of
24real estate, including his or her own, licensed activities, or
25the hiring of any licensee under this Act. The broker's
26business name in the case of a franchise shall include the

 

 

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1franchise affiliation as well as the name of the individual
2firm.
3    "Board" means the Real Estate Administration and
4Disciplinary Board of the Department as created by Section
525-10 of this Act.
6    "Branch office" means a sponsoring broker's office other
7than the sponsoring broker's principal office.
8    "Broker" means an individual, partnership, limited
9liability company, corporation, or registered limited
10liability partnership other than a leasing agent who, whether
11in person or through any media or technology, for another and
12for compensation, or with the intention or expectation of
13receiving compensation, either directly or indirectly:
14        (1) Sells, exchanges, purchases, rents, or leases real
15    estate.
16        (2) Offers to sell, exchange, purchase, rent, or lease
17    real estate.
18        (3) Negotiates, offers, attempts, or agrees to
19    negotiate the sale, exchange, purchase, rental, or leasing
20    of real estate.
21        (4) Lists, offers, attempts, or agrees to list real
22    estate for sale, rent, lease, or exchange.
23        (5) Buys, sells, offers to buy or sell, or otherwise
24    deals in options on real estate or improvements thereon.
25        (6) Supervises the collection, offer, attempt, or
26    agreement to collect rent for the use of real estate.

 

 

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1        (7) Advertises or represents himself or herself as
2    being engaged in the business of buying, selling,
3    exchanging, renting, or leasing real estate.
4        (8) Assists or directs in procuring or referring of
5    leads or prospects, intended to result in the sale,
6    exchange, lease, or rental of real estate.
7        (9) Assists or directs in the negotiation of any
8    transaction intended to result in the sale, exchange,
9    lease, or rental of real estate.
10        (10) Opens real estate to the public for marketing
11    purposes.
12        (11) Sells, rents, leases, or offers for sale or lease
13    real estate at auction.
14        (12) Prepares or provides a broker price opinion or
15    comparative market analysis as those terms are defined in
16    this Act, pursuant to the provisions of Section 10-45 of
17    this Act.
18    "Brokerage agreement" means a written or oral agreement
19between a sponsoring broker and a consumer for licensed
20activities to be provided to a consumer in return for
21compensation or the right to receive compensation from another.
22Brokerage agreements may constitute either a bilateral or a
23unilateral agreement between the broker and the broker's client
24depending upon the content of the brokerage agreement. All
25exclusive brokerage agreements shall be in writing.
26    "Broker price opinion" means an estimate or analysis of the

 

 

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1probable selling price of a particular interest in real estate,
2which may provide a varying level of detail about the
3property's condition, market, and neighborhood and information
4on comparable sales. The activities of a real estate broker or
5managing broker engaging in the ordinary course of business as
6a broker, as defined in this Section, shall not be considered a
7broker price opinion if no compensation is paid to the broker
8or managing broker, other than compensation based upon the sale
9or rental of real estate.
10    "Client" means a person who is being represented by a
11licensee.
12    "Comparative market analysis" is an analysis or opinion
13regarding pricing, marketing, or financial aspects relating to
14a specified interest or interests in real estate that may be
15based upon an analysis of comparative market data, the
16expertise of the real estate broker or managing broker, and
17such other factors as the broker or managing broker may deem
18appropriate in developing or preparing such analysis or
19opinion. The activities of a real estate broker or managing
20broker engaging in the ordinary course of business as a broker,
21as defined in this Section, shall not be considered a
22comparative market analysis if no compensation is paid to the
23broker or managing broker, other than compensation based upon
24the sale or rental of real estate.
25    "Compensation" means the valuable consideration given by
26one person or entity to another person or entity in exchange

 

 

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1for the performance of some activity or service. Compensation
2shall include the transfer of valuable consideration,
3including without limitation the following:
4        (1) commissions;
5        (2) referral fees;
6        (3) bonuses;
7        (4) prizes;
8        (5) merchandise;
9        (6) finder fees;
10        (7) performance of services;
11        (8) coupons or gift certificates;
12        (9) discounts;
13        (10) rebates;
14        (11) a chance to win a raffle, drawing, lottery, or
15    similar game of chance not prohibited by any other law or
16    statute;
17        (12) retainer fee; or
18        (13) salary.
19    "Confidential information" means information obtained by a
20licensee from a client during the term of a brokerage agreement
21that (i) was made confidential by the written request or
22written instruction of the client, (ii) deals with the
23negotiating position of the client, or (iii) is information the
24disclosure of which could materially harm the negotiating
25position of the client, unless at any time:
26        (1) the client permits the disclosure of information

 

 

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1    given by that client by word or conduct;
2        (2) the disclosure is required by law; or
3        (3) the information becomes public from a source other
4    than the licensee.
5    "Confidential information" shall not be considered to
6include material information about the physical condition of
7the property.
8    "Consumer" means a person or entity seeking or receiving
9licensed activities.
10    "Continuing education school" means any person licensed by
11the Department as a school for continuing education in
12accordance with Section 30-15 of this Act.
13    "Coordinator" means the Coordinator of Real Estate created
14in Section 25-15 of this Act.
15    "Credit hour" means 50 minutes of classroom instruction in
16course work that meets the requirements set forth in rules
17adopted by the Department.
18    "Customer" means a consumer who is not being represented by
19the licensee but for whom the licensee is performing
20ministerial acts.
21    "Department" means the Department of Financial and
22Professional Regulation.
23    "Designated agency" means a contractual relationship
24between a sponsoring broker and a client under Section 15-50 of
25this Act in which one or more licensees associated with or
26employed by the broker are designated as agent of the client.

 

 

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1    "Designated agent" means a sponsored licensee named by a
2sponsoring broker as the legal agent of a client, as provided
3for in Section 15-50 of this Act.
4    "Dual agency" means an agency relationship in which a
5licensee is representing both buyer and seller or both landlord
6and tenant in the same transaction. When the agency
7relationship is a designated agency, the question of whether
8there is a dual agency shall be determined by the agency
9relationships of the designated agent of the parties and not of
10the sponsoring broker.
11    "Employee" or other derivative of the word "employee", when
12used to refer to, describe, or delineate the relationship
13between a sponsoring broker and a managing broker, broker, or a
14leasing agent, shall be construed to include an independent
15contractor relationship, provided that a written agreement
16exists that clearly establishes and states the relationship.
17All responsibilities of a broker shall remain.
18    "Escrow moneys" means all moneys, promissory notes or any
19other type or manner of legal tender or financial consideration
20deposited with any person for the benefit of the parties to the
21transaction. A transaction exists once an agreement has been
22reached and an accepted real estate contract signed or lease
23agreed to by the parties. Escrow moneys includes without
24limitation earnest moneys and security deposits, except those
25security deposits in which the person holding the security
26deposit is also the sole owner of the property being leased and

 

 

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1for which the security deposit is being held.
2    "Electronic means of proctoring" means a methodology
3providing assurance that the person taking a test and
4completing the answers to questions is the person seeking
5licensure or credit for continuing education and is doing so
6without the aid of a third party or other device.
7    "Exclusive brokerage agreement" means a written brokerage
8agreement that provides that the sponsoring broker has the sole
9right, through one or more sponsored licensees, to act as the
10exclusive designated agent or representative of the client and
11that meets the requirements of Section 15-75 of this Act.
12    "Inoperative" means a status of licensure where the
13licensee holds a current license under this Act, but the
14licensee is prohibited from engaging in licensed activities
15because the licensee is unsponsored or the license of the
16sponsoring broker with whom the licensee is associated or by
17whom he or she is employed is currently expired, revoked,
18suspended, or otherwise rendered invalid under this Act.
19    "Interactive delivery method" means delivery of a course by
20an instructor through a medium allowing for 2-way communication
21between the instructor and a student in which either can
22initiate or respond to questions.
23    "Leads" means the name or names of a potential buyer,
24seller, lessor, lessee, or client of a licensee.
25    "Leasing Agent" means a person who is employed by a broker
26to engage in licensed activities limited to leasing residential

 

 

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1real estate who has obtained a license as provided for in
2Section 5-5 of this Act.
3    "License" means the document issued by the Department
4certifying that the person named thereon has fulfilled all
5requirements prerequisite to licensure under this Act.
6    "Licensed activities" means those activities listed in the
7definition of "broker" under this Section.
8    "Licensee" means any person, as defined in this Section,
9who holds a valid unexpired license as a managing broker,
10broker, or leasing agent.
11    "Listing presentation" means a communication between a
12managing broker or broker and a consumer in which the licensee
13is attempting to secure a brokerage agreement with the consumer
14to market the consumer's real estate for sale or lease.
15    "Managing broker" means a broker who has supervisory
16responsibilities for licensees in one or, in the case of a
17multi-office company, more than one office and who has been
18appointed as such by the sponsoring broker.
19    "Medium of advertising" means any method of communication
20intended to influence the general public to use or purchase a
21particular good or service or real estate.
22    "Ministerial acts" means those acts that a licensee may
23perform for a consumer that are informative or clerical in
24nature and do not rise to the level of active representation on
25behalf of a consumer. Examples of these acts include without
26limitation (i) responding to phone inquiries by consumers as to

 

 

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1the availability and pricing of brokerage services, (ii)
2responding to phone inquiries from a consumer concerning the
3price or location of property, (iii) attending an open house
4and responding to questions about the property from a consumer,
5(iv) setting an appointment to view property, (v) responding to
6questions of consumers walking into a licensee's office
7concerning brokerage services offered or particular
8properties, (vi) accompanying an appraiser, inspector,
9contractor, or similar third party on a visit to a property,
10(vii) describing a property or the property's condition in
11response to a consumer's inquiry, (viii) completing business or
12factual information for a consumer on an offer or contract to
13purchase on behalf of a client, (ix) showing a client through a
14property being sold by an owner on his or her own behalf, or
15(x) referral to another broker or service provider.
16    "Office" means a broker's place of business where the
17general public is invited to transact business and where
18records may be maintained and licenses displayed, whether or
19not it is the broker's principal place of business.
20    "Person" means and includes individuals, entities,
21corporations, limited liability companies, registered limited
22liability partnerships, and partnerships, foreign or domestic,
23except that when the context otherwise requires, the term may
24refer to a single individual or other described entity.
25    "Personal assistant" means a licensed or unlicensed person
26who has been hired for the purpose of aiding or assisting a

 

 

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1sponsored licensee in the performance of the sponsored
2licensee's job.
3    "Pocket card" means the card issued by the Department to
4signify that the person named on the card is currently licensed
5under this Act.
6    "Pre-license school" means a school licensed by the
7Department offering courses in subjects related to real estate
8transactions, including the subjects upon which an applicant is
9examined in determining fitness to receive a license.
10    "Pre-renewal period" means the period between the date of
11issue of a currently valid license and the license's expiration
12date.
13    "Proctor" means any person, including, but not limited to,
14an instructor, who has a written agreement to administer
15examinations fairly and impartially with a licensed
16pre-license school or a licensed continuing education school.
17    "Real estate" means and includes leaseholds as well as any
18other interest or estate in land, whether corporeal,
19incorporeal, freehold, or non-freehold, including timeshare
20interests, and whether the real estate is situated in this
21State or elsewhere. "Real estate" does not include property
22sold, exchanged, or leased as a timeshare or similar vacation
23item or interest, vacation club membership, or other activity
24formerly regulated under the Real Estate Timeshare Act of 1999
25(repealed).
26    "Regular employee" means a person working an average of 20

 

 

10000SB1821sam001- 21 -LRB100 09678 SMS 23321 a

1hours per week for a person or entity who would be considered
2as an employee under the Internal Revenue Service eleven main
3tests in three categories being behavioral control, financial
4control and the type of relationship of the parties, formerly
5the twenty factor test.
6    "Secretary" means the Secretary of the Department of
7Financial and Professional Regulation, or a person authorized
8by the Secretary to act in the Secretary's stead.
9    "Sponsoring broker" means the broker who has issued a
10sponsor card to a licensed managing broker, broker, or a
11leasing agent.
12    "Sponsor card" means the temporary permit issued by the
13sponsoring broker certifying that the managing broker, broker,
14or leasing agent named thereon is employed by or associated by
15written agreement with the sponsoring broker, as provided for
16in Section 5-40 of this Act.
17(Source: P.A. 98-531, eff. 8-23-13; 98-1109, eff. 1-1-15;
1899-227, eff. 8-3-15.)
 
19    (225 ILCS 454/5-20)
20    (Section scheduled to be repealed on January 1, 2020)
21    Sec. 5-20. Exemptions from managing broker, broker, or
22leasing agent license requirement. The requirement for holding
23a license under this Article 5 shall not apply to:
24        (1) Any person, partnership, or corporation that as
25    owner or lessor performs any of the acts described in the

 

 

10000SB1821sam001- 22 -LRB100 09678 SMS 23321 a

1    definition of "broker" under Section 1-10 of this Act with
2    reference to property owned or leased by it, or to the
3    regular employees thereof with respect to the property so
4    owned or leased, where such acts are performed in the
5    regular course of or as an incident to the management,
6    sale, or other disposition of such property and the
7    investment therein, provided that such regular employees
8    do not perform any of the acts described in the definition
9    of "broker" under Section 1-10 of this Act in connection
10    with a vocation of selling or leasing any real estate or
11    the improvements thereon not so owned or leased.
12        (2) An attorney in fact acting under a duly executed
13    and recorded power of attorney to convey real estate from
14    the owner or lessor or the services rendered by an attorney
15    at law in the performance of the attorney's duty as an
16    attorney at law.
17        (3) Any person acting as receiver, trustee in
18    bankruptcy, administrator, executor, or guardian or while
19    acting under a court order or under the authority of a will
20    or testamentary trust.
21        (4) Any person acting as a resident manager for the
22    owner or any employee acting as the resident manager for a
23    broker managing an apartment building, duplex, or
24    apartment complex, when the resident manager resides on the
25    premises, the premises is his or her primary residence, and
26    the resident manager is engaged in the leasing of the

 

 

10000SB1821sam001- 23 -LRB100 09678 SMS 23321 a

1    property of which he or she is the resident manager.
2        (5) Any officer or employee of a federal agency in the
3    conduct of official duties.
4        (6) Any officer or employee of the State government or
5    any political subdivision thereof performing official
6    duties.
7        (7) Any multiple listing service or other similar
8    information exchange that is engaged in the collection and
9    dissemination of information concerning real estate
10    available for sale, purchase, lease, or exchange for the
11    purpose of providing licensees with a system by which
12    licensees may cooperatively share information along with
13    which no other licensed activities, as defined in Section
14    1-10 of this Act, are provided.
15        (8) Railroads and other public utilities regulated by
16    the State of Illinois, or the officers or full time
17    employees thereof, unless the performance of any licensed
18    activities is in connection with the sale, purchase, lease,
19    or other disposition of real estate or investment therein
20    not needing the approval of the appropriate State
21    regulatory authority.
22        (9) Any medium of advertising in the routine course of
23    selling or publishing advertising along with which no other
24    licensed activities, as defined in Section 1-10 of this
25    Act, are provided.
26        (10) Any resident lessee of a residential dwelling unit

 

 

10000SB1821sam001- 24 -LRB100 09678 SMS 23321 a

1    who refers for compensation to the owner of the dwelling
2    unit, or to the owner's agent, prospective lessees of
3    dwelling units in the same building or complex as the
4    resident lessee's unit, but only if the resident lessee (i)
5    refers no more than 3 prospective lessees in any 12-month
6    period, (ii) receives compensation of no more than $1,500
7    or the equivalent of one month's rent, whichever is less,
8    in any 12-month period, and (iii) limits his or her
9    activities to referring prospective lessees to the owner,
10    or the owner's agent, and does not show a residential
11    dwelling unit to a prospective lessee, discuss terms or
12    conditions of leasing a dwelling unit with a prospective
13    lessee, or otherwise participate in the negotiation of the
14    leasing of a dwelling unit.
15        (11) The purchase, sale, or transfer of a timeshare or
16    similar vacation item or interest, vacation club
17    membership, or other activity formerly regulated under the
18    Real Estate Timeshare Act of 1999 (repealed) An exchange
19    company registered under the Real Estate Timeshare Act of
20    1999 and the regular employees of that registered exchange
21    company but only when conducting an exchange program as
22    defined in that Act.
23        (12) (Blank). An existing timeshare owner who, for
24    compensation, refers prospective purchasers, but only if
25    the existing timeshare owner (i) refers no more than 20
26    prospective purchasers in any calendar year, (ii) receives

 

 

10000SB1821sam001- 25 -LRB100 09678 SMS 23321 a

1    no more than $1,000, or its equivalent, for referrals in
2    any calendar year and (iii) limits his or her activities to
3    referring prospective purchasers of timeshare interests to
4    the developer or the developer's employees or agents, and
5    does not show, discuss terms or conditions of purchase or
6    otherwise participate in negotiations with regard to
7    timeshare interests.
8        (13) Any person who is licensed without examination
9    under Section 10-25 (now repealed) of the Auction License
10    Act is exempt from holding a managing broker's or broker's
11    license under this Act for the limited purpose of selling
12    or leasing real estate at auction, so long as:
13            (A) that person has made application for said
14        exemption by July 1, 2000;
15            (B) that person verifies to the Department that he
16        or she has sold real estate at auction for a period of
17        5 years prior to licensure as an auctioneer;
18            (C) the person has had no lapse in his or her
19        license as an auctioneer; and
20            (D) the license issued under the Auction License
21        Act has not been disciplined for violation of those
22        provisions of Article 20 of the Auction License Act
23        dealing with or related to the sale or lease of real
24        estate at auction.
25        (14) A person who holds a valid license under the
26    Auction License Act and a valid real estate auction

 

 

10000SB1821sam001- 26 -LRB100 09678 SMS 23321 a

1    certification and conducts auctions for the sale of real
2    estate under Section 5-32 of this Act.
3        (15) A hotel operator who is registered with the
4    Illinois Department of Revenue and pays taxes under the
5    Hotel Operators' Occupation Tax Act and rents a room or
6    rooms in a hotel as defined in the Hotel Operators'
7    Occupation Tax Act for a period of not more than 30
8    consecutive days and not more than 60 days in a calendar
9    year.
10(Source: P.A. 98-553, eff. 1-1-14; 99-227, eff. 8-3-15.)
 
11    (225 ILCS 454/20-20)
12    (Section scheduled to be repealed on January 1, 2020)
13    Sec. 20-20. Grounds for discipline.
14    (a) The Department may refuse to issue or renew a license,
15may place on probation, suspend, or revoke any license,
16reprimand, or take any other disciplinary or non-disciplinary
17action as the Department may deem proper and impose a fine not
18to exceed $25,000 upon any licensee or applicant under this Act
19or any person who holds himself or herself out as an applicant
20or licensee or against a licensee in handling his or her own
21property, whether held by deed, option, or otherwise, for any
22one or any combination of the following causes:
23        (1) Fraud or misrepresentation in applying for, or
24    procuring, a license under this Act or in connection with
25    applying for renewal of a license under this Act.

 

 

10000SB1821sam001- 27 -LRB100 09678 SMS 23321 a

1        (2) The conviction of or plea of guilty or plea of nolo
2    contendere to a felony or misdemeanor in this State or any
3    other jurisdiction; or the entry of an administrative
4    sanction by a government agency in this State or any other
5    jurisdiction. Action taken under this paragraph (2) for a
6    misdemeanor or an administrative sanction is limited to a
7    misdemeanor or administrative sanction that has as an
8    essential element dishonesty or fraud or involves larceny,
9    embezzlement, or obtaining money, property, or credit by
10    false pretenses or by means of a confidence game.
11        (3) Inability to practice the profession with
12    reasonable judgment, skill, or safety as a result of a
13    physical illness, including, but not limited to,
14    deterioration through the aging process or loss of motor
15    skill, or a mental illness or disability.
16        (4) Practice under this Act as a licensee in a retail
17    sales establishment from an office, desk, or space that is
18    not separated from the main retail business by a separate
19    and distinct area within the establishment.
20        (5) Having been disciplined by another state, the
21    District of Columbia, a territory, a foreign nation, or a
22    governmental agency authorized to impose discipline if at
23    least one of the grounds for that discipline is the same as
24    or the equivalent of one of the grounds for which a
25    licensee may be disciplined under this Act. A certified
26    copy of the record of the action by the other state or

 

 

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1    jurisdiction shall be prima facie evidence thereof.
2        (6) Engaging in the practice of real estate brokerage
3    without a license or after the licensee's license was
4    expired or while the license was inoperative.
5        (7) Cheating on or attempting to subvert the Real
6    Estate License Exam or continuing education exam.
7        (8) Aiding or abetting an applicant to subvert or cheat
8    on the Real Estate License Exam or continuing education
9    exam administered pursuant to this Act.
10        (9) Advertising that is inaccurate, misleading, or
11    contrary to the provisions of the Act.
12        (10) Making any substantial misrepresentation or
13    untruthful advertising.
14        (11) Making any false promises of a character likely to
15    influence, persuade, or induce.
16        (12) Pursuing a continued and flagrant course of
17    misrepresentation or the making of false promises through
18    licensees, employees, agents, advertising, or otherwise.
19        (13) Any misleading or untruthful advertising, or
20    using any trade name or insignia of membership in any real
21    estate organization of which the licensee is not a member.
22        (14) Acting for more than one party in a transaction
23    without providing written notice to all parties for whom
24    the licensee acts.
25        (15) Representing or attempting to represent a broker
26    other than the sponsoring broker.

 

 

10000SB1821sam001- 29 -LRB100 09678 SMS 23321 a

1        (16) Failure to account for or to remit any moneys or
2    documents coming into his or her possession that belong to
3    others.
4        (17) Failure to maintain and deposit in a special
5    account, separate and apart from personal and other
6    business accounts, all escrow moneys belonging to others
7    entrusted to a licensee while acting as a broker, escrow
8    agent, or temporary custodian of the funds of others or
9    failure to maintain all escrow moneys on deposit in the
10    account until the transactions are consummated or
11    terminated, except to the extent that the moneys, or any
12    part thereof, shall be:
13            (A) disbursed prior to the consummation or
14        termination (i) in accordance with the written
15        direction of the principals to the transaction or their
16        duly authorized agents, (ii) in accordance with
17        directions providing for the release, payment, or
18        distribution of escrow moneys contained in any written
19        contract signed by the principals to the transaction or
20        their duly authorized agents, or (iii) pursuant to an
21        order of a court of competent jurisdiction; or
22            (B) deemed abandoned and transferred to the Office
23        of the State Treasurer to be handled as unclaimed
24        property pursuant to the Uniform Disposition of
25        Unclaimed Property Act. Escrow moneys may be deemed
26        abandoned under this subparagraph (B) only: (i) in the

 

 

10000SB1821sam001- 30 -LRB100 09678 SMS 23321 a

1        absence of disbursement under subparagraph (A); (ii)
2        in the absence of notice of the filing of any claim in
3        a court of competent jurisdiction; and (iii) if 6
4        months have elapsed after the receipt of a written
5        demand for the escrow moneys from one of the principals
6        to the transaction or the principal's duly authorized
7        agent.
8    The account shall be noninterest bearing, unless the
9    character of the deposit is such that payment of interest
10    thereon is otherwise required by law or unless the
11    principals to the transaction specifically require, in
12    writing, that the deposit be placed in an interest bearing
13    account.
14        (18) Failure to make available to the Department all
15    escrow records and related documents maintained in
16    connection with the practice of real estate within 24 hours
17    of a request for those documents by Department personnel.
18        (19) Failing to furnish copies upon request of
19    documents relating to a real estate transaction to a party
20    who has executed that document.
21        (20) Failure of a sponsoring broker to timely provide
22    information, sponsor cards, or termination of licenses to
23    the Department.
24        (21) Engaging in dishonorable, unethical, or
25    unprofessional conduct of a character likely to deceive,
26    defraud, or harm the public.

 

 

10000SB1821sam001- 31 -LRB100 09678 SMS 23321 a

1        (22) Commingling the money or property of others with
2    his or her own money or property.
3        (23) Employing any person on a purely temporary or
4    single deal basis as a means of evading the law regarding
5    payment of commission to nonlicensees on some contemplated
6    transactions.
7        (24) Permitting the use of his or her license as a
8    broker to enable a leasing agent or unlicensed person to
9    operate a real estate business without actual
10    participation therein and control thereof by the broker.
11        (25) Any other conduct, whether of the same or a
12    different character from that specified in this Section,
13    that constitutes dishonest dealing.
14        (26) Displaying a "for rent" or "for sale" sign on any
15    property without the written consent of an owner or his or
16    her duly authorized agent or advertising by any means that
17    any property is for sale or for rent without the written
18    consent of the owner or his or her authorized agent.
19        (27) Failing to provide information requested by the
20    Department, or otherwise respond to that request, within 30
21    days of the request.
22        (28) Advertising by means of a blind advertisement,
23    except as otherwise permitted in Section 10-30 of this Act.
24        (29) Offering guaranteed sales plans, as defined in
25    clause (A) of this subdivision (29), except to the extent
26    hereinafter set forth:

 

 

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1            (A) A "guaranteed sales plan" is any real estate
2        purchase or sales plan whereby a licensee enters into a
3        conditional or unconditional written contract with a
4        seller, prior to entering into a brokerage agreement
5        with the seller, by the terms of which a licensee
6        agrees to purchase a property of the seller within a
7        specified period of time at a specific price in the
8        event the property is not sold in accordance with the
9        terms of a brokerage agreement to be entered into
10        between the sponsoring broker and the seller.
11            (B) A licensee offering a guaranteed sales plan
12        shall provide the details and conditions of the plan in
13        writing to the party to whom the plan is offered.
14            (C) A licensee offering a guaranteed sales plan
15        shall provide to the party to whom the plan is offered
16        evidence of sufficient financial resources to satisfy
17        the commitment to purchase undertaken by the broker in
18        the plan.
19            (D) Any licensee offering a guaranteed sales plan
20        shall undertake to market the property of the seller
21        subject to the plan in the same manner in which the
22        broker would market any other property, unless the
23        agreement with the seller provides otherwise.
24            (E) The licensee cannot purchase seller's property
25        until the brokerage agreement has ended according to
26        its terms or is otherwise terminated.

 

 

10000SB1821sam001- 33 -LRB100 09678 SMS 23321 a

1            (F) Any licensee who fails to perform on a
2        guaranteed sales plan in strict accordance with its
3        terms shall be subject to all the penalties provided in
4        this Act for violations thereof and, in addition, shall
5        be subject to a civil fine payable to the party injured
6        by the default in an amount of up to $25,000.
7        (30) Influencing or attempting to influence, by any
8    words or acts, a prospective seller, purchaser, occupant,
9    landlord, or tenant of real estate, in connection with
10    viewing, buying, or leasing real estate, so as to promote
11    or tend to promote the continuance or maintenance of
12    racially and religiously segregated housing or so as to
13    retard, obstruct, or discourage racially integrated
14    housing on or in any street, block, neighborhood, or
15    community.
16        (31) Engaging in any act that constitutes a violation
17    of any provision of Article 3 of the Illinois Human Rights
18    Act, whether or not a complaint has been filed with or
19    adjudicated by the Human Rights Commission.
20        (32) Inducing any party to a contract of sale or lease
21    or brokerage agreement to break the contract of sale or
22    lease or brokerage agreement for the purpose of
23    substituting, in lieu thereof, a new contract for sale or
24    lease or brokerage agreement with a third party.
25        (33) Negotiating a sale, exchange, or lease of real
26    estate directly with any person if the licensee knows that

 

 

10000SB1821sam001- 34 -LRB100 09678 SMS 23321 a

1    the person has an exclusive brokerage agreement with
2    another broker, unless specifically authorized by that
3    broker.
4        (34) When a licensee is also an attorney, acting as the
5    attorney for either the buyer or the seller in the same
6    transaction in which the licensee is acting or has acted as
7    a managing broker or broker.
8        (35) Advertising or offering merchandise or services
9    as free if any conditions or obligations necessary for
10    receiving the merchandise or services are not disclosed in
11    the same advertisement or offer. These conditions or
12    obligations include without limitation the requirement
13    that the recipient attend a promotional activity or visit a
14    real estate site. As used in this subdivision (35), "free"
15    includes terms such as "award", "prize", "no charge", "free
16    of charge", "without charge", and similar words or phrases
17    that reasonably lead a person to believe that he or she may
18    receive or has been selected to receive something of value,
19    without any conditions or obligations on the part of the
20    recipient.
21        (36) (Blank). Disregarding or violating any provision
22    of the Land Sales Registration Act of 1989, the Illinois
23    Real Estate Time-Share Act, or the published rules
24    promulgated by the Department to enforce those Acts.
25        (37) Violating the terms of a disciplinary order issued
26    by the Department.

 

 

10000SB1821sam001- 35 -LRB100 09678 SMS 23321 a

1        (38) Paying or failing to disclose compensation in
2    violation of Article 10 of this Act.
3        (39) Requiring a party to a transaction who is not a
4    client of the licensee to allow the licensee to retain a
5    portion of the escrow moneys for payment of the licensee's
6    commission or expenses as a condition for release of the
7    escrow moneys to that party.
8        (40) Disregarding or violating any provision of this
9    Act or the published rules promulgated by the Department to
10    enforce this Act or aiding or abetting any individual,
11    partnership, registered limited liability partnership,
12    limited liability company, or corporation in disregarding
13    any provision of this Act or the published rules
14    promulgated by the Department to enforce this Act.
15        (41) Failing to provide the minimum services required
16    by Section 15-75 of this Act when acting under an exclusive
17    brokerage agreement.
18        (42) Habitual or excessive use or addiction to alcohol,
19    narcotics, stimulants, or any other chemical agent or drug
20    that results in a managing broker, broker, or leasing
21    agent's inability to practice with reasonable skill or
22    safety.
23        (43) Enabling, aiding, or abetting an auctioneer, as
24    defined in the Auction License Act, to conduct a real
25    estate auction in a manner that is in violation of this
26    Act.

 

 

10000SB1821sam001- 36 -LRB100 09678 SMS 23321 a

1    (b) The Department may refuse to issue or renew or may
2suspend the license of any person who fails to file a return,
3pay the tax, penalty or interest shown in a filed return, or
4pay any final assessment of tax, penalty, or interest, as
5required by any tax Act administered by the Department of
6Revenue, until such time as the requirements of that tax Act
7are satisfied in accordance with subsection (g) of Section
82105-15 of the Civil Administrative Code of Illinois.
9    (c) The Department shall deny a license or renewal
10authorized by this Act to a person who has defaulted on an
11educational loan or scholarship provided or guaranteed by the
12Illinois Student Assistance Commission or any governmental
13agency of this State in accordance with item (5) of subsection
14(a) of Section 2105-15 of the Civil Administrative Code of
15Illinois.
16    (d) In cases where the Department of Healthcare and Family
17Services (formerly Department of Public Aid) has previously
18determined that a licensee or a potential licensee is more than
1930 days delinquent in the payment of child support and has
20subsequently certified the delinquency to the Department may
21refuse to issue or renew or may revoke or suspend that person's
22license or may take other disciplinary action against that
23person based solely upon the certification of delinquency made
24by the Department of Healthcare and Family Services in
25accordance with item (5) of subsection (a) of Section 2105-15
26of the Civil Administrative Code of Illinois.

 

 

10000SB1821sam001- 37 -LRB100 09678 SMS 23321 a

1    (e) In enforcing this Section, the Department or Board upon
2a showing of a possible violation may compel an individual
3licensed to practice under this Act, or who has applied for
4licensure under this Act, to submit to a mental or physical
5examination, or both, as required by and at the expense of the
6Department. The Department or Board may order the examining
7physician to present testimony concerning the mental or
8physical examination of the licensee or applicant. No
9information shall be excluded by reason of any common law or
10statutory privilege relating to communications between the
11licensee or applicant and the examining physician. The
12examining physicians shall be specifically designated by the
13Board or Department. The individual to be examined may have, at
14his or her own expense, another physician of his or her choice
15present during all aspects of this examination. Failure of an
16individual to submit to a mental or physical examination, when
17directed, shall be grounds for suspension of his or her license
18until the individual submits to the examination if the
19Department finds, after notice and hearing, that the refusal to
20submit to the examination was without reasonable cause.
21    If the Department or Board finds an individual unable to
22practice because of the reasons set forth in this Section, the
23Department or Board may require that individual to submit to
24care, counseling, or treatment by physicians approved or
25designated by the Department or Board, as a condition, term, or
26restriction for continued, reinstated, or renewed licensure to

 

 

10000SB1821sam001- 38 -LRB100 09678 SMS 23321 a

1practice; or, in lieu of care, counseling, or treatment, the
2Department may file, or the Board may recommend to the
3Department to file, a complaint to immediately suspend, revoke,
4or otherwise discipline the license of the individual. An
5individual whose license was granted, continued, reinstated,
6renewed, disciplined or supervised subject to such terms,
7conditions, or restrictions, and who fails to comply with such
8terms, conditions, or restrictions, shall be referred to the
9Secretary for a determination as to whether the individual
10shall have his or her license suspended immediately, pending a
11hearing by the Department.
12    In instances in which the Secretary immediately suspends a
13person's license under this Section, a hearing on that person's
14license must be convened by the Department within 30 days after
15the suspension and completed without appreciable delay. The
16Department and Board shall have the authority to review the
17subject individual's record of treatment and counseling
18regarding the impairment to the extent permitted by applicable
19federal statutes and regulations safeguarding the
20confidentiality of medical records.
21    An individual licensed under this Act and affected under
22this Section shall be afforded an opportunity to demonstrate to
23the Department or Board that he or she can resume practice in
24compliance with acceptable and prevailing standards under the
25provisions of his or her license.
26(Source: P.A. 98-553, eff. 1-1-14; 98-756, eff. 7-16-14;

 

 

10000SB1821sam001- 39 -LRB100 09678 SMS 23321 a

199-227, eff. 8-3-15.)
 
2    (225 ILCS 454/20-85)
3    (Section scheduled to be repealed on January 1, 2020)
4    Sec. 20-85. Recovery from Real Estate Recovery Fund. The
5Department shall maintain a Real Estate Recovery Fund from
6which any person aggrieved by an act, representation,
7transaction, or conduct of a licensee or unlicensed employee of
8a licensee that is in violation of this Act or the rules
9promulgated pursuant thereto, constitutes embezzlement of
10money or property, or results in money or property being
11unlawfully obtained from any person by false pretenses,
12artifice, trickery, or forgery or by reason of any fraud,
13misrepresentation, discrimination, or deceit by or on the part
14of any such licensee or the unlicensed employee of a licensee
15and that results in a loss of actual cash money, as opposed to
16losses in market value, may recover. The aggrieved person may
17recover, by a post-judgment order of the circuit court of the
18county where the violation occurred in a proceeding described
19in Section 20-90 of this Act, an amount of not more than
20$25,000 from the Fund for damages sustained by the act,
21representation, transaction, or conduct, together with costs
22of suit and attorney's fees incurred in connection therewith of
23not to exceed 15% of the amount of the recovery ordered paid
24from the Fund. However, no person may recover from the Fund
25unless the court finds that the person suffered a loss

 

 

10000SB1821sam001- 40 -LRB100 09678 SMS 23321 a

1resulting from intentional misconduct. The post-judgment order
2shall not include interest on the judgment. The maximum
3liability against the Fund arising out of any one act shall be
4as provided in this Section, and the post-judgment order shall
5spread the award equitably among all co-owners or otherwise
6aggrieved persons, if any. The maximum liability against the
7Fund arising out of the activities of any one licensee or one
8unlicensed employee of a licensee, since January 1, 1974, shall
9be $100,000. Nothing in this Section shall be construed to
10authorize recovery from the Fund unless the loss of the
11aggrieved person results from an act or omission of a licensee
12under this Act who was at the time of the act or omission
13acting in such capacity or was apparently acting in such
14capacity or their unlicensed employee and unless the aggrieved
15person has obtained a valid judgment and post-judgment order of
16the court as provided for in Section 20-90 of this Act. No
17person aggrieved by an act, representation, or transaction that
18is in violation of the Illinois Real Estate Time-Share Act or
19the Land Sales Registration Act of 1989 may recover from the
20Fund.
21(Source: P.A. 99-227, eff. 8-3-15.)
 
22    (225 ILCS 745/Act rep.)
23    Section 35. The Professional Geologist Licensing Act is
24repealed.
 

 

 

10000SB1821sam001- 41 -LRB100 09678 SMS 23321 a

1    Section 40. The Environmental Protection Act is amended by
2changing Sections 22.51, 22.51a, 57.2, 57.8, 57.10, 58.2, 58.6,
3and 58.7 as follows:
 
4    (415 ILCS 5/22.51)
5    Sec. 22.51. Clean Construction or Demolition Debris Fill
6Operations.
7    (a) No person shall conduct any clean construction or
8demolition debris fill operation in violation of this Act or
9any regulations or standards adopted by the Board.
10    (b)(1)(A) Beginning August 18, 2005 but prior to July 1,
112008, no person shall use clean construction or demolition
12debris as fill material in a current or former quarry, mine, or
13other excavation, unless they have applied for an interim
14authorization from the Agency for the clean construction or
15demolition debris fill operation.
16    (B) The Agency shall approve an interim authorization upon
17its receipt of a written application for the interim
18authorization that is signed by the site owner and the site
19operator, or their duly authorized agent, and that contains the
20following information: (i) the location of the site where the
21clean construction or demolition debris fill operation is
22taking place, (ii) the name and address of the site owner,
23(iii) the name and address of the site operator, and (iv) the
24types and amounts of clean construction or demolition debris
25being used as fill material at the site.

 

 

10000SB1821sam001- 42 -LRB100 09678 SMS 23321 a

1    (C) The Agency may deny an interim authorization if the
2site owner or the site operator, or their duly authorized
3agent, fails to provide to the Agency the information listed in
4subsection (b)(1)(B) of this Section. Any denial of an interim
5authorization shall be subject to appeal to the Board in
6accordance with the procedures of Section 40 of this Act.
7    (D) No person shall use clean construction or demolition
8debris as fill material in a current or former quarry, mine, or
9other excavation for which the Agency has denied interim
10authorization under subsection (b)(1)(C) of this Section. The
11Board may stay the prohibition of this subsection (D) during
12the pendency of an appeal of the Agency's denial of the interim
13authorization brought under subsection (b)(1)(C) of this
14Section.
15    (2) Beginning September 1, 2006, owners and operators of
16clean construction or demolition debris fill operations shall,
17in accordance with a schedule prescribed by the Agency, submit
18to the Agency applications for the permits required under this
19Section. The Agency shall notify owners and operators in
20writing of the due date for their permit application. The due
21date shall be no less than 90 days after the date of the
22Agency's written notification. Owners and operators who do not
23receive a written notification from the Agency by October 1,
242007, shall submit a permit application to the Agency by
25January 1, 2008. The interim authorization of owners and
26operators who fail to submit a permit application to the Agency

 

 

10000SB1821sam001- 43 -LRB100 09678 SMS 23321 a

1by the permit application's due date shall terminate on (i) the
2due date established by the Agency if the owner or operator
3received a written notification from the Agency prior to
4October 1, 2007, or (ii) or January 1, 2008, if the owner or
5operator did not receive a written notification from the Agency
6by October 1, 2007.
7    (3) On and after July 1, 2008, no person shall use clean
8construction or demolition debris as fill material in a current
9or former quarry, mine, or other excavation (i) without a
10permit granted by the Agency for the clean construction or
11demolition debris fill operation or in violation of any
12conditions imposed by such permit, including periodic reports
13and full access to adequate records and the inspection of
14facilities, as may be necessary to assure compliance with this
15Act and with Board regulations and standards adopted under this
16Act or (ii) in violation of any regulations or standards
17adopted by the Board under this Act.
18    (4) This subsection (b) does not apply to:
19        (A) the use of clean construction or demolition debris
20    as fill material in a current or former quarry, mine, or
21    other excavation located on the site where the clean
22    construction or demolition debris was generated;
23        (B) the use of clean construction or demolition debris
24    as fill material in an excavation other than a current or
25    former quarry or mine if this use complies with Illinois
26    Department of Transportation specifications; or

 

 

10000SB1821sam001- 44 -LRB100 09678 SMS 23321 a

1        (C) current or former quarries, mines, and other
2    excavations that do not use clean construction or
3    demolition debris as fill material.
4    (c) In accordance with Title VII of this Act, the Board may
5adopt regulations to promote the purposes of this Section. The
6Agency shall consult with the mining and construction
7industries during the development of any regulations to promote
8the purposes of this Section.
9        (1) No later than December 15, 2005, the Agency shall
10    propose to the Board, and no later than September 1, 2006,
11    the Board shall adopt, regulations for the use of clean
12    construction or demolition debris as fill material in
13    current and former quarries, mines, and other excavations.
14    Such regulations shall include, but shall not be limited
15    to, standards for clean construction or demolition debris
16    fill operations and the submission and review of permits
17    required under this Section.
18        (2) Until the Board adopts rules under subsection
19    (c)(1) of this Section, all persons using clean
20    construction or demolition debris as fill material in a
21    current or former quarry, mine, or other excavation shall:
22            (A) Assure that only clean construction or
23        demolition debris is being used as fill material by
24        screening each truckload of material received using a
25        device approved by the Agency that detects volatile
26        organic compounds. Such devices may include, but are

 

 

10000SB1821sam001- 45 -LRB100 09678 SMS 23321 a

1        not limited to, photo ionization detectors. All
2        screening devices shall be operated and maintained in
3        accordance with manufacturer's specifications.
4        Unacceptable fill material shall be rejected from the
5        site; and
6            (B) Retain for a minimum of 3 years the following
7        information:
8                (i) The name of the hauler, the name of the
9            generator, and place of origin of the debris or
10            soil;
11                (ii) The approximate weight or volume of the
12            debris or soil; and
13                (iii) The date the debris or soil was received.
14    (d) This Section applies only to clean construction or
15demolition debris that is not considered "waste" as provided in
16Section 3.160 of this Act.
17    (e) For purposes of this Section:
18        (1) The term "operator" means a person responsible for
19    the operation and maintenance of a clean construction or
20    demolition debris fill operation.
21        (2) The term "owner" means a person who has any direct
22    or indirect interest in a clean construction or demolition
23    debris fill operation or in land on which a person operates
24    and maintains a clean construction or demolition debris
25    fill operation. A "direct or indirect interest" does not
26    include the ownership of publicly traded stock. The "owner"

 

 

10000SB1821sam001- 46 -LRB100 09678 SMS 23321 a

1    is the "operator" if there is no other person who is
2    operating and maintaining a clean construction or
3    demolition debris fill operation.
4        (3) The term "clean construction or demolition debris
5    fill operation" means a current or former quarry, mine, or
6    other excavation where clean construction or demolition
7    debris is used as fill material.
8        (4) The term "uncontaminated soil" shall have the same
9    meaning as uncontaminated soil under Section 3.160 of this
10    Act.
11    (f)(1) No later than one year after the effective date of
12this amendatory Act of the 96th General Assembly, the Agency
13shall propose to the Board, and, no later than one year after
14the Board's receipt of the Agency's proposal, the Board shall
15adopt, rules for the use of clean construction or demolition
16debris and uncontaminated soil as fill material at clean
17construction or demolition debris fill operations. The rules
18must include standards and procedures necessary to protect
19groundwater, which may include, but shall not be limited to,
20the following: requirements regarding testing and
21certification of soil used as fill material, surface water
22runoff, liners or other protective barriers, monitoring
23(including, but not limited to, groundwater monitoring),
24corrective action, recordkeeping, reporting, closure and
25post-closure care, financial assurance, post-closure land use
26controls, location standards, and the modification of existing

 

 

10000SB1821sam001- 47 -LRB100 09678 SMS 23321 a

1permits to conform to the requirements of this Act and Board
2rules. The rules may also include limits on the use of
3recyclable concrete and asphalt as fill material at clean
4construction or demolition debris fill operations, taking into
5account factors such as technical feasibility, economic
6reasonableness, and the availability of markets for such
7materials.
8    (2) Until the effective date of the Board rules adopted
9under subdivision (f)(1) of this Section, and in addition to
10any other requirements, owners and operators of clean
11construction or demolition debris fill operations must do all
12of the following in subdivisions (f)(2)(A) through (f)(2)(D) of
13this Section for all clean construction or demolition debris
14and uncontaminated soil accepted for use as fill material. The
15requirements in subdivisions (f)(2)(A) through (f)(2)(D) of
16this Section shall not limit any rules adopted by the Board.
17        (A) Document the following information for each load of
18    clean construction or demolition debris or uncontaminated
19    soil received: (i) the name of the hauler, the address of
20    the site of origin, and the owner and the operator of the
21    site of origin of the clean construction or demolition
22    debris or uncontaminated soil, (ii) the weight or volume of
23    the clean construction or demolition debris or
24    uncontaminated soil, and (iii) the date the clean
25    construction or demolition debris or uncontaminated soil
26    was received.

 

 

10000SB1821sam001- 48 -LRB100 09678 SMS 23321 a

1        (B) For all soil, obtain either (i) a certification
2    from the owner or operator of the site from which the soil
3    was removed that the site has never been used for
4    commercial or industrial purposes and is presumed to be
5    uncontaminated soil or (ii) a certification from a licensed
6    Professional Engineer or a professional geologist licensed
7    Professional Geologist that the soil is uncontaminated
8    soil. Certifications required under this subdivision
9    (f)(2)(B) must be on forms and in a format prescribed by
10    the Agency.
11        (C) Confirm that the clean construction or demolition
12    debris or uncontaminated soil was not removed from a site
13    as part of a cleanup or removal of contaminants, including,
14    but not limited to, activities conducted under the
15    Comprehensive Environmental Response, Compensation, and
16    Liability Act of 1980, as amended; as part of a Closure or
17    Corrective Action under the Resource Conservation and
18    Recovery Act, as amended; or under an Agency remediation
19    program, such as the Leaking Underground Storage Tank
20    Program or Site Remediation Program, but excluding sites
21    subject to Section 58.16 of this Act where there is no
22    presence or likely presence of a release or a substantial
23    threat of a release of a regulated substance at, on, or
24    from the real property.
25        (D) Document all activities required under subdivision
26    (f)(2) of this Section. Documentation of any chemical

 

 

10000SB1821sam001- 49 -LRB100 09678 SMS 23321 a

1    analysis must include, but is not limited to, (i) a copy of
2    the lab analysis, (ii) accreditation status of the
3    laboratory performing the analysis, and (iii)
4    certification by an authorized agent of the laboratory that
5    the analysis has been performed in accordance with the
6    Agency's rules for the accreditation of environmental
7    laboratories and the scope of accreditation.
8    (3) Owners and operators of clean construction or
9demolition debris fill operations must maintain all
10documentation required under subdivision (f)(2) of this
11Section for a minimum of 3 years following the receipt of each
12load of clean construction or demolition debris or
13uncontaminated soil, except that documentation relating to an
14appeal, litigation, or other disputed claim must be maintained
15until at least 3 years after the date of the final disposition
16of the appeal, litigation, or other disputed claim. Copies of
17the documentation must be made available to the Agency and to
18units of local government for inspection and copying during
19normal business hours. The Agency may prescribe forms and
20formats for the documentation required under subdivision
21(f)(2) of this Section.
22    Chemical analysis conducted under subdivision (f)(2) of
23this Section must be conducted in accordance with the
24requirements of 35 Ill. Adm. Code 742, as amended, and "Test
25Methods for Evaluating Solid Waste, Physical/Chemical
26Methods", USEPA Publication No. SW-846, as amended.

 

 

10000SB1821sam001- 50 -LRB100 09678 SMS 23321 a

1    (g)(1) No person shall use soil other than uncontaminated
2soil as fill material at a clean construction or demolition
3debris fill operation.
4    (2) No person shall use construction or demolition debris
5other than clean construction or demolition debris as fill
6material at a clean construction or demolition debris fill
7operation.
8(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
 
9    (415 ILCS 5/22.51a)
10    Sec. 22.51a. Uncontaminated Soil Fill Operations.
11    (a) For purposes of this Section:
12        (1) The term "uncontaminated soil" shall have the same
13    meaning as uncontaminated soil under Section 3.160 of this
14    Act.
15        (2) The term "uncontaminated soil fill operation"
16    means a current or former quarry, mine, or other excavation
17    where uncontaminated soil is used as fill material, but
18    does not include a clean construction or demolition debris
19    fill operation.
20    (b) No person shall use soil other than uncontaminated soil
21as fill material at an uncontaminated soil fill operation.
22    (c) Owners and operators of uncontaminated soil fill
23operations must register the fill operations with the Agency.
24Uncontaminated soil fill operations that received
25uncontaminated soil prior to the effective date of this

 

 

10000SB1821sam001- 51 -LRB100 09678 SMS 23321 a

1amendatory Act of the 96th General Assembly must be registered
2with the Agency no later than March 31, 2011. Uncontaminated
3soil fill operations that first receive uncontaminated soil on
4or after the effective date of this amendatory Act of the 96th
5General Assembly must be registered with the Agency prior to
6the receipt of any uncontaminated soil. Registrations must be
7submitted on forms and in a format prescribed by the Agency.
8    (d)(1) No later than one year after the effective date of
9this amendatory Act of the 96th General Assembly, the Agency
10shall propose to the Board, and, no later than one year after
11the Board's receipt of the Agency's proposal, the Board shall
12adopt, rules for the use of uncontaminated soil as fill
13material at uncontaminated soil fill operations. The rules must
14include standards and procedures necessary to protect
15groundwater, which shall include, but shall not be limited to,
16testing and certification of soil used as fill material and
17requirements for recordkeeping.
18    (2) Until the effective date of the Board rules adopted
19under subdivision (d)(1) of this Section, owners and operators
20of uncontaminated soil fill operations must do all of the
21following in subdivisions (d)(2)(A) through (d)(2)(F) of this
22Section for all uncontaminated soil accepted for use as fill
23material. The requirements in subdivisions (d)(2)(A) through
24(d)(2)(F) of this Section shall not limit any rules adopted by
25the Board.
26        (A) Document the following information for each load of

 

 

10000SB1821sam001- 52 -LRB100 09678 SMS 23321 a

1    uncontaminated soil received: (i) the name of the hauler,
2    the address of the site of origin, and the owner and the
3    operator of the site of origin of the uncontaminated soil,
4    (ii) the weight or volume of the uncontaminated soil, and
5    (iii) the date the uncontaminated soil was received.
6        (B) Obtain either (i) a certification from the owner or
7    operator of the site from which the soil was removed that
8    the site has never been used for commercial or industrial
9    purposes and is presumed to be uncontaminated soil or (ii)
10    a certification from a licensed Professional Engineer or a
11    professional geologist licensed Professional Geologist
12    that the soil is uncontaminated soil. Certifications
13    required under this subdivision (d)(2)(B) must be on forms
14    and in a format prescribed by the Agency.
15        (C) Confirm that the uncontaminated soil was not
16    removed from a site as part of a cleanup or removal of
17    contaminants, including, but not limited to, activities
18    conducted under the Comprehensive Environmental Response,
19    Compensation, and Liability Act of 1980, as amended; as
20    part of a Closure or Corrective Action under the Resource
21    Conservation and Recovery Act, as amended; or under an
22    Agency remediation program, such as the Leaking
23    Underground Storage Tank Program or Site Remediation
24    Program, but excluding sites subject to Section 58.16 of
25    this Act where there is no presence or likely presence of a
26    release or a substantial threat of a release of a regulated

 

 

10000SB1821sam001- 53 -LRB100 09678 SMS 23321 a

1    substance at, on, or from the real property.
2        (D) Visually inspect each load to confirm that only
3    uncontaminated soil is being accepted for use as fill
4    material.
5        (E) Screen each load of uncontaminated soil using a
6    device that is approved by the Agency and detects volatile
7    organic compounds. Such a device may include, but is not
8    limited to, a photo ionization detector or a flame
9    ionization detector. All screening devices shall be
10    operated and maintained in accordance with the
11    manufacturer's specifications. Unacceptable soil must be
12    rejected from the fill operation.
13        (F) Document all activities required under subdivision
14    (d)(2) of this Section. Documentation of any chemical
15    analysis must include, but is not limited to, (i) a copy of
16    the lab analysis, (ii) accreditation status of the
17    laboratory performing the analysis, and (iii)
18    certification by an authorized agent of the laboratory that
19    the analysis has been performed in accordance with the
20    Agency's rules for the accreditation of environmental
21    laboratories and the scope of accreditation.
22    (3) Owners and operators of uncontaminated soil fill
23operations must maintain all documentation required under
24subdivision (d)(2) of this Section for a minimum of 3 years
25following the receipt of each load of uncontaminated soil,
26except that documentation relating to an appeal, litigation, or

 

 

10000SB1821sam001- 54 -LRB100 09678 SMS 23321 a

1other disputed claim must be maintained until at least 3 years
2after the date of the final disposition of the appeal,
3litigation, or other disputed claim. Copies of the
4documentation must be made available to the Agency and to units
5of local government for inspection and copying during normal
6business hours. The Agency may prescribe forms and formats for
7the documentation required under subdivision (d)(2) of this
8Section.
9    Chemical analysis conducted under subdivision (d)(2) of
10this Section must be conducted in accordance with the
11requirements of 35 Ill. Adm. Code 742, as amended, and "Test
12Methods for Evaluating Solid Waste, Physical/Chemical
13Methods", USEPA Publication No. SW-846, as amended.
14(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
 
15    (415 ILCS 5/57.2)
16    Sec. 57.2. Definitions. As used in this Title:
17    "Audit" means a systematic inspection or examination of
18plans, reports, records, or documents to determine the
19completeness and accuracy of the data and conclusions contained
20therein.
21    "Bodily injury" means bodily injury, sickness, or disease
22sustained by a person, including death at any time, resulting
23from a release of petroleum from an underground storage tank.
24    "Release" means any spilling, leaking, emitting,
25discharging, escaping, leaching or disposing of petroleum from

 

 

10000SB1821sam001- 55 -LRB100 09678 SMS 23321 a

1an underground storage tank into groundwater, surface water or
2subsurface soils.
3    "Fill material" means non-native or disturbed materials
4used to bed and backfill around an underground storage tank.
5    "Fund" means the Underground Storage Tank Fund.
6    "Heating Oil" means petroleum that is No. 1, No. 2, No. 4 -
7light, No. 4 - heavy, No. 5 - light, No. 5 - heavy or No. 6
8technical grades of fuel oil; and other residual fuel oils
9including Navy Special Fuel Oil and Bunker C.
10    "Indemnification" means indemnification of an owner or
11operator for the amount of any judgment entered against the
12owner or operator in a court of law, for the amount of any
13final order or determination made against the owner or operator
14by an agency of State government or any subdivision thereof, or
15for the amount of any settlement entered into by the owner or
16operator, if the judgment, order, determination, or settlement
17arises out of bodily injury or property damage suffered as a
18result of a release of petroleum from an underground storage
19tank owned or operated by the owner or operator.
20    "Corrective action" means activities associated with
21compliance with the provisions of Sections 57.6 and 57.7 of
22this Title.
23    "Occurrence" means an accident, including continuous or
24repeated exposure to conditions, that results in a sudden or
25nonsudden release from an underground storage tank.
26    When used in connection with, or when otherwise relating

 

 

10000SB1821sam001- 56 -LRB100 09678 SMS 23321 a

1to, underground storage tanks, the terms "facility", "owner",
2"operator", "underground storage tank", "(UST)", "petroleum"
3and "regulated substance" shall have the meanings ascribed to
4them in Subtitle I of the Hazardous and Solid Waste Amendments
5of 1984 (P.L. 98-616), of the Resource Conservation and
6Recovery Act of 1976 (P.L. 94-580); provided however that the
7term "underground storage tank" shall also mean an underground
8storage tank used exclusively to store heating oil for
9consumptive use on the premises where stored and which serves
10other than a farm or residential unit; provided further however
11that the term "owner" shall also mean any person who has
12submitted to the Agency a written election to proceed under
13this Title and has acquired an ownership interest in a site on
14which one or more registered tanks have been removed, but on
15which corrective action has not yet resulted in the issuance of
16a "no further remediation letter" by the Agency pursuant to
17this Title.
18    "Licensed Professional Engineer" means a person,
19corporation, or partnership licensed under the laws of the
20State of Illinois to practice professional engineering.
21    "Licensed Professional Geologist" means a person licensed
22under the laws of the State of Illinois to practice as a
23professional geologist.
24    "Site" means any single location, place, tract of land or
25parcel of property including contiguous property not separated
26by a public right-of-way.

 

 

10000SB1821sam001- 57 -LRB100 09678 SMS 23321 a

1    "Site investigation" means activities associated with
2compliance with the provisions of subsection (a) of Section
357.7.
4    "Property damage" means physical injury to, destruction
5of, or contamination of tangible property, including all
6resulting loss of use of that property; or loss of use of
7tangible property that is not physically injured, destroyed, or
8contaminated, but has been evacuated, withdrawn from use, or
9rendered inaccessible because of a release of petroleum from an
10underground storage tank.
11    "Class I Groundwater" means groundwater that meets the
12Class I: Potable Resource Groundwater criteria set forth in the
13Board regulations adopted pursuant to the Illinois Groundwater
14Protection Act.
15    "Class III Groundwater" means groundwater that meets the
16Class III: Special Resource Groundwater criteria set forth in
17the Board regulations adopted pursuant to the Illinois
18Groundwater Protection Act.
19(Source: P.A. 94-274, eff. 1-1-06.)
 
20    (415 ILCS 5/57.8)
21    Sec. 57.8. Underground Storage Tank Fund; payment; options
22for State payment; deferred correction election to commence
23corrective action upon availability of funds. If an owner or
24operator is eligible to access the Underground Storage Tank
25Fund pursuant to an Office of State Fire Marshal

 

 

10000SB1821sam001- 58 -LRB100 09678 SMS 23321 a

1eligibility/deductible final determination letter issued in
2accordance with Section 57.9, the owner or operator may submit
3a complete application for final or partial payment to the
4Agency for activities taken in response to a confirmed release.
5An owner or operator may submit a request for partial or final
6payment regarding a site no more frequently than once every 90
7days.
8    (a) Payment after completion of corrective action
9measures. The owner or operator may submit an application for
10payment for activities performed at a site after completion of
11the requirements of Sections 57.6 and 57.7, or after completion
12of any other required activities at the underground storage
13tank site.
14        (1) In the case of any approved plan and budget for
15    which payment is being sought, the Agency shall make a
16    payment determination within 120 days of receipt of the
17    application. Such determination shall be considered a
18    final decision. The Agency's review shall be limited to
19    generally accepted auditing and accounting practices. In
20    no case shall the Agency conduct additional review of any
21    plan which was completed within the budget, beyond auditing
22    for adherence to the corrective action measures in the
23    proposal. If the Agency fails to approve the payment
24    application within 120 days, such application shall be
25    deemed approved by operation of law and the Agency shall
26    proceed to reimburse the owner or operator the amount

 

 

10000SB1821sam001- 59 -LRB100 09678 SMS 23321 a

1    requested in the payment application. However, in no event
2    shall the Agency reimburse the owner or operator an amount
3    greater than the amount approved in the plan.
4        (2) If sufficient funds are available in the
5    Underground Storage Tank Fund, the Agency shall, within 60
6    days, forward to the Office of the State Comptroller a
7    voucher in the amount approved under the payment
8    application.
9        (3) In the case of insufficient funds, the Agency shall
10    form a priority list for payment and shall notify persons
11    in such priority list monthly of the availability of funds
12    and when payment shall be made. Payment shall be made to
13    the owner or operator at such time as sufficient funds
14    become available for the costs associated with site
15    investigation and corrective action and costs expended for
16    activities performed where no proposal is required, if
17    applicable. Such priority list shall be available to any
18    owner or operator upon request. Priority for payment shall
19    be determined by the date the Agency receives a complete
20    request for partial or final payment. Upon receipt of
21    notification from the Agency that the requirements of this
22    Title have been met, the Comptroller shall make payment to
23    the owner or operator of the amount approved by the Agency,
24    if sufficient money exists in the Fund. If there is
25    insufficient money in the Fund, then payment shall not be
26    made. If the owner or operator appeals a final Agency

 

 

10000SB1821sam001- 60 -LRB100 09678 SMS 23321 a

1    payment determination and it is determined that the owner
2    or operator is eligible for payment or additional payment,
3    the priority date for the payment or additional payment
4    shall be the same as the priority date assigned to the
5    original request for partial or final payment.
6        (4) Any deductible, as determined pursuant to the
7    Office of the State Fire Marshal's eligibility and
8    deductibility final determination in accordance with
9    Section 57.9, shall be subtracted from any payment invoice
10    paid to an eligible owner or operator. Only one deductible
11    shall apply per underground storage tank site.
12        (5) In the event that costs are or will be incurred in
13    addition to those approved by the Agency, or after payment,
14    the owner or operator may submit successive plans
15    containing amended budgets. The requirements of Section
16    57.7 shall apply to any amended plans.
17        (6) For purposes of this Section, a complete
18    application shall consist of:
19            (A) A certification from a Licensed Professional
20        Engineer or a professional geologist Licensed
21        Professional Geologist as required under this Title
22        and acknowledged by the owner or operator.
23            (B) A statement of the amounts approved in the
24        budget and the amounts actually sought for payment
25        along with a certified statement by the owner or
26        operator that the amounts so sought were expended in

 

 

10000SB1821sam001- 61 -LRB100 09678 SMS 23321 a

1        conformance with the approved budget.
2            (C) A copy of the Office of the State Fire
3        Marshal's eligibility and deductibility determination.
4            (D) Proof that approval of the payment requested
5        will not result in the limitations set forth in
6        subsection (g) of this Section being exceeded.
7            (E) A federal taxpayer identification number and
8        legal status disclosure certification on a form
9        prescribed and provided by the Agency.
10            (F) If the Agency determined under subsection
11        (c)(3) of Section 57.7 of this Act that corrective
12        action must include a project labor agreement, a
13        certification from the owner or operator that the
14        corrective action was (i) performed under a project
15        labor agreement that meets the requirements of Section
16        25 of the Project Labor Agreements Act and (ii)
17        implemented in a manner consistent with the terms and
18        conditions of the Project Labor Agreements Act and in
19        full compliance with all statutes, regulations, and
20        Executive Orders as required under that Act and the
21        Prevailing Wage Act.
22    (b) Commencement of site investigation or corrective
23action upon availability of funds. The Board shall adopt
24regulations setting forth procedures based on risk to human
25health or the environment under which the owner or operator who
26has received approval for any budget plan submitted pursuant to

 

 

10000SB1821sam001- 62 -LRB100 09678 SMS 23321 a

1Section 57.7, and who is eligible for payment from the
2Underground Storage Tank Fund pursuant to an Office of the
3State Fire Marshal eligibility and deductibility
4determination, may elect to defer site investigation or
5corrective action activities until funds are available in an
6amount equal to the amount approved in the budget. The
7regulations shall establish criteria based on risk to human
8health or the environment to be used for determining on a
9site-by-site basis whether deferral is appropriate. The
10regulations also shall establish the minimum investigatory
11requirements for determining whether the risk based criteria
12are present at a site considering deferral and procedures for
13the notification of owners or operators of insufficient funds,
14Agency review of request for deferral, notification of Agency
15final decisions, returning deferred sites to active status, and
16earmarking of funds for payment.
17    (c) When the owner or operator requests indemnification for
18payment of costs incurred as a result of a release of petroleum
19from an underground storage tank, if the owner or operator has
20satisfied the requirements of subsection (a) of this Section,
21the Agency shall forward a copy of the request to the Attorney
22General. The Attorney General shall review and approve the
23request for indemnification if:
24        (1) there is a legally enforceable judgment entered
25    against the owner or operator and such judgment was entered
26    due to harm caused by a release of petroleum from an

 

 

10000SB1821sam001- 63 -LRB100 09678 SMS 23321 a

1    underground storage tank and such judgment was not entered
2    as a result of fraud; or
3        (2) a settlement with a third party due to a release of
4    petroleum from an underground storage tank is reasonable.
5    (d) Notwithstanding any other provision of this Title, the
6Agency shall not approve payment to an owner or operator from
7the Fund for costs of corrective action or indemnification
8incurred during a calendar year in excess of the following
9aggregate amounts based on the number of petroleum underground
10storage tanks owned or operated by such owner or operator in
11Illinois.
12        Amount                           Number of Tanks
13        $2,000,000........................fewer than 101
14        $3,000,000................................101 or more
15        (1) Costs incurred in excess of the aggregate amounts
16    set forth in paragraph (1) of this subsection shall not be
17    eligible for payment in subsequent years.
18        (2) For purposes of this subsection, requests
19    submitted by any of the agencies, departments, boards,
20    committees or commissions of the State of Illinois shall be
21    acted upon as claims from a single owner or operator.
22        (3) For purposes of this subsection, owner or operator
23    includes (i) any subsidiary, parent, or joint stock company
24    of the owner or operator and (ii) any company owned by any
25    parent, subsidiary, or joint stock company of the owner or
26    operator.

 

 

10000SB1821sam001- 64 -LRB100 09678 SMS 23321 a

1    (e) Costs of corrective action or indemnification incurred
2by an owner or operator which have been paid to an owner or
3operator under a policy of insurance, another written
4agreement, or a court order are not eligible for payment under
5this Section. An owner or operator who receives payment under a
6policy of insurance, another written agreement, or a court
7order shall reimburse the State to the extent such payment
8covers costs for which payment was received from the Fund. Any
9monies received by the State under this subsection (e) shall be
10deposited into the Fund.
11    (f) (Blank.)
12    (g) The Agency shall not approve any payment from the Fund
13to pay an owner or operator:
14        (1) for costs of corrective action incurred by such
15    owner or operator in an amount in excess of $1,500,000 per
16    occurrence; and
17        (2) for costs of indemnification of such owner or
18    operator in an amount in excess of $1,500,000 per
19    occurrence.
20    (h) Payment of any amount from the Fund for corrective
21action or indemnification shall be subject to the State
22acquiring by subrogation the rights of any owner, operator, or
23other person to recover the costs of corrective action or
24indemnification for which the Fund has compensated such owner,
25operator, or person from the person responsible or liable for
26the release.

 

 

10000SB1821sam001- 65 -LRB100 09678 SMS 23321 a

1    (i) If the Agency refuses to pay or authorizes only a
2partial payment, the affected owner or operator may petition
3the Board for a hearing in the manner provided for the review
4of permit decisions in Section 40 of this Act.
5    (j) Costs of corrective action or indemnification incurred
6by an owner or operator prior to July 28, 1989, shall not be
7eligible for payment or reimbursement under this Section.
8    (k) The Agency shall not pay costs of corrective action or
9indemnification incurred before providing notification of the
10release of petroleum in accordance with the provisions of this
11Title.
12    (l) Corrective action does not include legal defense costs.
13Legal defense costs include legal costs for seeking payment
14under this Title unless the owner or operator prevails before
15the Board in which case the Board may authorize payment of
16legal fees.
17    (m) The Agency may apportion payment of costs for plans
18submitted under Section 57.7 if:
19        (1) the owner or operator was deemed eligible to access
20    the Fund for payment of corrective action costs for some,
21    but not all, of the underground storage tanks at the site;
22    and
23        (2) the owner or operator failed to justify all costs
24    attributable to each underground storage tank at the site.
25    (n) The Agency shall not pay costs associated with a
26corrective action plan incurred after the Agency provides

 

 

10000SB1821sam001- 66 -LRB100 09678 SMS 23321 a

1notification to the owner or operator pursuant to item (7) of
2subsection (b) of Section 57.7 that a revised corrective action
3plan is required. Costs associated with any subsequently
4approved corrective action plan shall be eligible for
5reimbursement if they meet the requirements of this Title.
6(Source: P.A. 98-109, eff. 7-25-13.)
 
7    (415 ILCS 5/57.10)
8    Sec. 57.10. Professional Engineer or professional
9geologist Professional Geologist certification; presumptions
10against liability.
11    (a) Within 120 days of the Agency's receipt of a corrective
12action completion report, the Agency shall issue to the owner
13or operator a "no further remediation letter" unless the Agency
14has requested a modification, issued a rejection under
15subsection (d) of this Section, or the report has been rejected
16by operation of law.
17    (b) By certifying such a statement, a Licensed Professional
18Engineer or a professional geologist Licensed Professional
19Geologist shall in no way be liable thereon, unless the
20engineer or geologist gave such certification despite his or
21her actual knowledge that the performed measures were not in
22compliance with applicable statutory or regulatory
23requirements or any plan submitted to the Agency.
24    (c) The Agency's issuance of a no further remediation
25letter shall signify, based on the certification of the

 

 

10000SB1821sam001- 67 -LRB100 09678 SMS 23321 a

1Licensed Professional Engineer, that:
2        (1) all statutory and regulatory corrective action
3    requirements applicable to the occurrence have been
4    complied with;
5        (2) all corrective action concerning the remediation
6    of the occurrence has been completed; and
7        (3) no further corrective action concerning the
8    occurrence is necessary for the protection of human health,
9    safety and the environment.
10This subsection (c) does not apply to off-site contamination
11related to the occurrence that has not been remediated due to
12denial of access to the off-site property.
13    (d) The no further remediation letter issued under this
14Section shall apply in favor of the following parties:
15        (1) The owner or operator to whom the letter was
16    issued.
17        (2) Any parent corporation or subsidiary of such owner
18    or operator.
19        (3) Any co-owner or co-operator, either by joint
20    tenancy, right-of-survivorship, or any other party sharing
21    a legal relationship with the owner or operator to whom the
22    letter is issued.
23        (4) Any holder of a beneficial interest of a land trust
24    or inter vivos trust whether revocable or irrevocable.
25        (5) Any mortgagee or trustee of a deed of trust of such
26    owner or operator.

 

 

10000SB1821sam001- 68 -LRB100 09678 SMS 23321 a

1        (6) Any successor-in-interest of such owner or
2    operator.
3        (7) Any transferee of such owner or operator whether
4    the transfer was by sale, bankruptcy proceeding,
5    partition, dissolution of marriage, settlement or
6    adjudication of any civil action, charitable gift, or
7    bequest.
8        (8) Any heir or devisee or such owner or operator.
9        (9) An owner of a parcel of real property to the extent
10    that the no further remediation letter under subsection (c)
11    of this Section applies to the occurrence on that parcel.
12    (e) If the Agency notifies the owner or operator that the
13"no further remediation" letter has been rejected, the grounds
14for such rejection shall be described in the notice. Such a
15decision shall be a final determination which may be appealed
16by the owner or operator.
17    (f) The Board shall adopt rules setting forth the criteria
18under which the Agency may require an owner or operator to
19conduct further investigation or remediation related to a
20release for which a no further remediation letter has been
21issued.
22    (g) Holders of security interests in sites subject to the
23requirements of this Title XVI shall be entitled to the same
24protections and subject to the same responsibilities provided
25under general regulations promulgated under Subtitle I of the
26Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616) of

 

 

10000SB1821sam001- 69 -LRB100 09678 SMS 23321 a

1the Resource Conservation and Recovery Act of 1976 (P.L.
294-580).
3(Source: P.A. 94-276, eff. 1-1-06.)
 
4    (415 ILCS 5/58.2)
5    Sec. 58.2. Definitions. The following words and phrases
6when used in this Title shall have the meanings given to them
7in this Section unless the context clearly indicates otherwise:
8    "Agrichemical facility" means a site on which agricultural
9pesticides are stored or handled, or both, in preparation for
10end use, or distributed. The term does not include basic
11manufacturing facility sites.
12    "ASTM" means the American Society for Testing and
13Materials.
14    "Area background" means concentrations of regulated
15substances that are consistently present in the environment in
16the vicinity of a site that are the result of natural
17conditions or human activities, and not the result solely of
18releases at the site.
19    "Brownfields site" or "brownfields" means a parcel of real
20property, or a portion of the parcel, that has actual or
21perceived contamination and an active potential for
22redevelopment.
23    "Class I groundwater" means groundwater that meets the
24Class I Potable Resource groundwater criteria set forth in the
25Board rules adopted under the Illinois Groundwater Protection

 

 

10000SB1821sam001- 70 -LRB100 09678 SMS 23321 a

1Act.
2    "Class III groundwater" means groundwater that meets the
3Class III Special Resource Groundwater criteria set forth in
4the Board rules adopted under the Illinois Groundwater
5Protection Act.
6    "Carcinogen" means a contaminant that is classified as a
7Category A1 or A2 Carcinogen by the American Conference of
8Governmental Industrial Hygienists; or a Category 1 or 2A/2B
9Carcinogen by the World Health Organizations International
10Agency for Research on Cancer; or a "Human Carcinogen" or
11"Anticipated Human Carcinogen" by the United States Department
12of Health and Human Service National Toxicological Program; or
13a Category A or B1/B2 Carcinogen by the United States
14Environmental Protection Agency in Integrated Risk Information
15System or a Final Rule issued in a Federal Register notice by
16the USEPA as of the effective date of this amendatory Act of
171995.
18    "Licensed Professional Engineer" (LPE) means a person,
19corporation, or partnership licensed under the laws of this
20State to practice professional engineering.
21    "Licensed Professional Geologist" means a person licensed
22under the laws of the State of Illinois to practice as a
23professional geologist.
24    "RELPEG" means a Licensed Professional Engineer or a
25professional geologist Licensed Professional Geologist engaged
26in review and evaluation under this Title.

 

 

10000SB1821sam001- 71 -LRB100 09678 SMS 23321 a

1    "Man-made pathway" means constructed routes that may allow
2for the transport of regulated substances including, but not
3limited to, sewers, utility lines, utility vaults, building
4foundations, basements, crawl spaces, drainage ditches, or
5previously excavated and filled areas.
6    "Municipality" means an incorporated city, village, or
7town in this State. "Municipality" does not mean a township,
8town when that term is used as the equivalent of a township,
9incorporated town that has superseded a civil township, county,
10or school district, park district, sanitary district, or
11similar governmental district.
12    "Natural pathway" means natural routes for the transport of
13regulated substances including, but not limited to, soil,
14groundwater, sand seams and lenses, and gravel seams and
15lenses.
16    "Person" means individual, trust, firm, joint stock
17company, joint venture, consortium, commercial entity,
18corporation (including a government corporation), partnership,
19association, State, municipality, commission, political
20subdivision of a State, or any interstate body including the
21United States Government and each department, agency, and
22instrumentality of the United States.
23    "Regulated substance" means any hazardous substance as
24defined under Section 101(14) of the Comprehensive
25Environmental Response, Compensation, and Liability Act of
261980 (P.L. 96-510) and petroleum products including crude oil

 

 

10000SB1821sam001- 72 -LRB100 09678 SMS 23321 a

1or any fraction thereof, natural gas, natural gas liquids,
2liquefied natural gas, or synthetic gas usable for fuel (or
3mixtures of natural gas and such synthetic gas).
4    "Remedial action" means activities associated with
5compliance with the provisions of Sections 58.6 and 58.7.
6    "Remediation Applicant" (RA) means any person seeking to
7perform or performing investigative or remedial activities
8under this Title, including the owner or operator of the site
9or persons authorized by law or consent to act on behalf of or
10in lieu of the owner or operator of the site.
11    "Remediation costs" means reasonable costs paid for
12investigating and remediating regulated substances of concern
13consistent with the remedy selected for a site.
14    For purposes of Section 58.14, "remediation costs" shall
15not include costs incurred prior to January 1, 1998, costs
16incurred after the issuance of a No Further Remediation Letter
17under Section 58.10 of this Act, or costs incurred more than 12
18months prior to acceptance into the Site Remediation Program.
19    For the purpose of Section 58.14a, "remediation costs" do
20not include any costs incurred before January 1, 2007, any
21costs incurred after the issuance of a No Further Remediation
22Letter under Section 58.10, or any costs incurred more than 12
23months before acceptance into the Site Remediation Program.
24    "Residential property" means any real property that is used
25for habitation by individuals and other property uses defined
26by Board rules such as education, health care, child care and

 

 

10000SB1821sam001- 73 -LRB100 09678 SMS 23321 a

1related uses.
2    "River Edge Redevelopment Zone" has the meaning set forth
3under the River Edge Redevelopment Zone Act.
4    "Site" means any single location, place, tract of land or
5parcel of property, or portion thereof, including contiguous
6property separated by a public right-of-way.
7    "Regulated substance of concern" means any contaminant
8that is expected to be present at the site based upon past and
9current land uses and associated releases that are known to the
10Remediation Applicant based upon reasonable inquiry.
11(Source: P.A. 95-454, eff. 8-27-07.)
 
12    (415 ILCS 5/58.6)
13    Sec. 58.6. Remedial investigations and reports.
14    (a) Any RA who proceeds under this Title may elect to seek
15review and approval for any of the remediation objectives
16provided in Section 58.5 for any or all regulated substances of
17concern. The RA shall conduct investigations and remedial
18activities for regulated substances of concern and prepare
19plans and reports in accordance with this Section and rules
20adopted hereunder. The RA shall submit the plans and reports
21for review and approval in accordance with Section 58.7. All
22investigations, plans, and reports conducted or prepared under
23this Section shall be under the supervision of a Licensed
24Professional Engineer (LPE) or, in the case of a site
25investigation only, a professional geologist Licensed

 

 

10000SB1821sam001- 74 -LRB100 09678 SMS 23321 a

1Professional Geologist in accordance with the requirements of
2this Title.
3    (b) (1) Site investigation and Site Investigation Report.
4    The RA shall conduct a site investigation to determine the
5    significant physical features of the site and vicinity that
6    may affect contaminant transport and risk to human health,
7    safety, and the environment and to determine the nature,
8    concentration, direction and rate of movement, and extent
9    of the contamination at the site.
10        (2) The RA shall compile the results of the
11    investigations into a Site Investigation Report. At a
12    minimum, the reports shall include the following, as
13    applicable:
14            (A) Executive summary;
15            (B) Site history;
16            (C) Site-specific sampling methods and results;
17            (D) Documentation of field activities, including
18        quality assurance project plan;
19            (E) Interpretation of results; and
20            (F) Conclusions.
21    (c) Remediation Objectives Report.
22        (1) If a RA elects to determine remediation objectives
23    appropriate for the site using the Tier II or Tier III
24    procedures under subsection (d) of Section 58.5, the RA
25    shall develop such remediation objectives based on
26    site-specific information. In support of such remediation

 

 

10000SB1821sam001- 75 -LRB100 09678 SMS 23321 a

1    objectives, the RA shall prepare a Remediation Objectives
2    Report demonstrating how the site-specific objectives were
3    calculated or otherwise determined.
4        (2) If a RA elects to determine remediation objectives
5    appropriate for the site using the area background
6    procedures under subsection (b) of Section 58.5, the RA
7    shall develop such remediation objectives based on
8    site-specific literature review, sampling protocol, or
9    appropriate statistical methods in accordance with Board
10    rules. In support of such remediation objectives, the RA
11    shall prepare a Remediation Objectives Report
12    demonstrating how the area background remediation
13    objectives were determined.
14    (d) Remedial Action Plan. If the approved remediation
15objectives for any regulated substance established under
16Section 58.5 are less than the levels existing at the site
17prior to any remedial action, the RA shall prepare a Remedial
18Action Plan. The Remedial Action Plan shall describe the
19selected remedy and evaluate its ability and effectiveness to
20achieve the remediation objectives approved for the site. At a
21minimum, the reports shall include the following, as
22applicable:
23        (1) Executive summary;
24        (2) Statement of remediation objectives;
25        (3) Remedial technologies selected;
26        (4) Confirmation sampling plan;

 

 

10000SB1821sam001- 76 -LRB100 09678 SMS 23321 a

1        (5) Current and projected future use of the property;
2    and
3        (6) Applicable preventive, engineering, and
4    institutional controls including long-term reliability,
5    operating, and maintenance plans, and monitoring
6    procedures.
7    (e) Remedial Action Completion Report.
8        (1) Upon completion of the Remedial Action Plan, the RA
9    shall prepare a Remedial Action Completion Report. The
10    report shall demonstrate whether the remedial action was
11    completed in accordance with the approved Remedial Action
12    Plan and whether the remediation objectives, as well as any
13    other requirements of the plan, have been attained.
14        (2) If the approved remediation objectives for the
15    regulated substances of concern established under Section
16    58.5 are equal to or above the levels existing at the site
17    prior to any remedial action, notification and
18    documentation of such shall constitute the entire Remedial
19    Action Completion Report for purposes of this Title.
20    (f) Ability to proceed. The RA may elect to prepare and
21submit for review and approval any and all reports or plans
22required under the provisions of this Section individually,
23following completion of each such activity; concurrently,
24following completion of all activities; or in any other
25combination. In any event, the review and approval process
26shall proceed in accordance with Section 58.7 and rules adopted

 

 

10000SB1821sam001- 77 -LRB100 09678 SMS 23321 a

1thereunder.
2    (g) Nothing in this Section shall prevent an RA from
3implementing or conducting an interim or any other remedial
4measure prior to election to proceed under Section 58.6.
5    (h) In accordance with Section 58.11, the Agency shall
6propose and the Board shall adopt rules to carry out the
7purposes of this Section.
8(Source: P.A. 92-735, eff. 7-25-02.)
 
9    (415 ILCS 5/58.7)
10    Sec. 58.7. Review and approvals.
11    (a) Requirements. All plans and reports that are submitted
12pursuant to this Title shall be submitted for review or
13approval in accordance with this Section.
14    (b) Review and evaluation by the Agency.
15        (1) Except for sites excluded under subdivision (a) (2)
16    of Section 58.1, the Agency shall, subject to available
17    resources, agree to provide review and evaluation services
18    for activities carried out pursuant to this Title for which
19    the RA requested the services in writing. As a condition
20    for providing such services, the Agency may require that
21    the RA for a site:
22            (A) Conform with the procedures of this Title;
23            (B) Allow for or otherwise arrange site visits or
24        other site evaluation by the Agency when so requested;
25            (C) Agree to perform the Remedial Action Plan as

 

 

10000SB1821sam001- 78 -LRB100 09678 SMS 23321 a

1        approved under this Title;
2            (D) Agree to pay any reasonable costs incurred and
3        documented by the Agency in providing such services;
4            (E) Make an advance partial payment to the Agency
5        for such anticipated services in an amount, acceptable
6        to the Agency, but not to exceed $5,000 or one-half of
7        the total anticipated costs of the Agency, whichever
8        sum is less; and
9            (F) Demonstrate, if necessary, authority to act on
10        behalf of or in lieu of the owner or operator.
11        (2) Any moneys received by the State for costs incurred
12    by the Agency in performing review or evaluation services
13    for actions conducted pursuant to this Title shall be
14    deposited in the Hazardous Waste Fund.
15        (3) An RA requesting services under subdivision (b) (1)
16    of this Section may, at any time, notify the Agency, in
17    writing, that Agency services previously requested are no
18    longer wanted. Within 180 days after receipt of the notice,
19    the Agency shall provide the RA with a final invoice for
20    services provided until the date of such notifications.
21        (4) The Agency may invoice or otherwise request or
22    demand payment from a RA for costs incurred by the Agency
23    in performing review or evaluation services for actions by
24    the RA at sites only if:
25            (A) The Agency has incurred costs in performing
26        response actions, other than review or evaluation

 

 

10000SB1821sam001- 79 -LRB100 09678 SMS 23321 a

1        services, due to the failure of the RA to take response
2        action in accordance with a notice issued pursuant to
3        this Act;
4            (B) The RA has agreed in writing to the payment of
5        such costs;
6            (C) The RA has been ordered to pay such costs by
7        the Board or a court of competent jurisdiction pursuant
8        to this Act; or
9            (D) The RA has requested or has consented to Agency
10        review or evaluation services under subdivision
11        (b)  (1) of this Section.
12        (5) The Agency may, subject to available resources,
13    agree to provide review and evaluation services for
14    response actions if there is a written agreement among
15    parties to a legal action or if a notice to perform a
16    response action has been issued by the Agency.
17    (c) Review and evaluation by a Licensed Professional
18Engineer or a professional geologist Licensed Professional
19Geologist. A RA may elect to contract with a Licensed
20Professional Engineer or, in the case of a site investigation
21report only, a professional geologist Licensed Professional
22Geologist, who will perform review and evaluation services on
23behalf of and under the direction of the Agency relative to the
24site activities.
25        (1) Prior to entering into the contract with the
26    RELPEG, the RA shall notify the Agency of the RELPEG to be

 

 

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1    selected. The Agency and the RA shall discuss the potential
2    terms of the contract.
3        (2) At a minimum, the contract with the RELPEG shall
4    provide that the RELPEG will submit any reports directly to
5    the Agency, will take his or her directions for work
6    assignments from the Agency, and will perform the assigned
7    work on behalf of the Agency.
8        (3) Reasonable costs incurred by the Agency shall be
9    paid by the RA directly to the Agency in accordance with
10    the terms of the review and evaluation services agreement
11    entered into under subdivision (b) (1) of Section 58.7.
12        (4) In no event shall the RELPEG acting on behalf of
13    the Agency be an employee of the RA or the owner or
14    operator of the site or be an employee of any other person
15    the RA has contracted to provide services relative to the
16    site.
17    (d) Review and approval. All reviews required under this
18Title shall be carried out by the Agency or a RELPEG, both
19under the direction of a Licensed Professional Engineer or, in
20the case of the review of a site investigation only, a
21professional geologist Licensed Professional Geologist.
22        (1) All review activities conducted by the Agency or a
23    RELPEG shall be carried out in conformance with this Title
24    and rules promulgated under Section 58.11.
25        (2) Subject to the limitations in subsection (c) and
26    this subsection (d), the specific plans, reports, and

 

 

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1    activities that the Agency or a RELPEG may review include:
2            (A) Site Investigation Reports and related
3        activities;
4            (B) Remediation Objectives Reports;
5            (C) Remedial Action Plans and related activities;
6        and
7            (D) Remedial Action Completion Reports and related
8        activities.
9        (3) Only the Agency shall have the authority to
10    approve, disapprove, or approve with conditions a plan or
11    report as a result of the review process including those
12    plans and reports reviewed by a RELPEG. If the Agency
13    disapproves a plan or report or approves a plan or report
14    with conditions, the written notification required by
15    subdivision (d) (4) of this Section shall contain the
16    following information, as applicable:
17            (A) An explanation of the Sections of this Title
18        that may be violated if the plan or report was
19        approved;
20            (B) An explanation of the provisions of the rules
21        promulgated under this Title that may be violated if
22        the plan or report was approved;
23            (C) An explanation of the specific type of
24        information, if any, that the Agency deems the
25        applicant did not provide the Agency;
26            (D) A statement of specific reasons why the Title

 

 

10000SB1821sam001- 82 -LRB100 09678 SMS 23321 a

1        and regulations might not be met if the plan or report
2        were approved; and
3            (E) An explanation of the reasons for conditions if
4        conditions are required.
5        (4) Upon approving, disapproving, or approving with
6    conditions a plan or report, the Agency shall notify the RA
7    in writing of its decision. In the case of approval or
8    approval with conditions of a Remedial Action Completion
9    Report, the Agency shall prepare a No Further Remediation
10    Letter that meets the requirements of Section 58.10 and
11    send a copy of the letter to the RA.
12        (5) All reviews undertaken by the Agency or a RELPEG
13    shall be completed and the decisions communicated to the RA
14    within 60 days of the request for review or approval. The
15    RA may waive the deadline upon a request from the Agency.
16    If the Agency disapproves or approves with conditions a
17    plan or report or fails to issue a final decision within
18    the 60 day period and the RA has not agreed to a waiver of
19    the deadline, the RA may, within 35 days, file an appeal to
20    the Board. Appeals to the Board shall be in the manner
21    provided for the review of permit decisions in Section 40
22    of this Act.
23    (e) Standard of review. In making determinations, the
24following factors, and additional factors as may be adopted by
25the Board in accordance with Section 58.11, shall be considered
26by the Agency when reviewing or approving plans, reports, and

 

 

10000SB1821sam001- 83 -LRB100 09678 SMS 23321 a

1related activities, or the RELPEG, when reviewing plans,
2reports, and related activities:
3        (1) Site Investigation Reports and related activities:
4    Whether investigations have been conducted and the results
5    compiled in accordance with the appropriate procedures and
6    whether the interpretations and conclusions reached are
7    supported by the information gathered. In making the
8    determination, the following factors shall be considered:
9            (A) The adequacy of the description of the site and
10        site characteristics that were used to evaluate the
11        site;
12            (B) The adequacy of the investigation of potential
13        pathways and risks to receptors identified at the site;
14        and
15            (C) The appropriateness of the sampling and
16        analysis used.
17        (2) Remediation Objectives Reports: Whether the
18    remediation objectives are consistent with the
19    requirements of the applicable method for selecting or
20    determining remediation objectives under Section 58.5. In
21    making the determination, the following factors shall be
22    considered:
23            (A) If the objectives were based on the
24        determination of area background levels under
25        subsection (b) of Section 58.5, whether the review of
26        current and historic conditions at or in the immediate

 

 

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1        vicinity of the site has been thorough and whether the
2        site sampling and analysis has been performed in a
3        manner resulting in accurate determinations;
4            (B) If the objectives were calculated on the basis
5        of predetermined equations using site specific data,
6        whether the calculations were accurately performed and
7        whether the site specific data reflect actual site
8        conditions; and
9            (C) If the objectives were determined using a site
10        specific risk assessment procedure, whether the
11        procedure used is nationally recognized and accepted,
12        whether the calculations were accurately performed,
13        and whether the site specific data reflect actual site
14        conditions.
15        (3) Remedial Action Plans and related activities:
16    Whether the plan will result in compliance with this Title,
17    and rules adopted under it and attainment of the applicable
18    remediation objectives. In making the determination, the
19    following factors shall be considered:
20            (A) The likelihood that the plan will result in the
21        attainment of the applicable remediation objectives;
22            (B) Whether the activities proposed are consistent
23        with generally accepted engineering practices; and
24            (C) The management of risk relative to any
25        remaining contamination, including but not limited to,
26        provisions for the long-term enforcement, operation,

 

 

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1        and maintenance of institutional and engineering
2        controls, if relied on.
3        (4) Remedial Action Completion Reports and related
4    activities: Whether the remedial activities have been
5    completed in accordance with the approved Remedial Action
6    Plan and whether the applicable remediation objectives
7    have been attained.
8    (f) All plans and reports submitted for review shall
9include a Licensed Professional Engineer's certification that
10all investigations and remedial activities were carried out
11under his or her direction and, to the best of his or her
12knowledge and belief, the work described in the plan or report
13has been completed in accordance with generally accepted
14engineering practices, and the information presented is
15accurate and complete. In the case of a site investigation
16report prepared or supervised by a professional geologist
17Licensed Professional Geologist, the required certification
18may be made by the professional geologist Licensed Professional
19Geologist (rather than a Licensed Professional Engineer) and
20based upon generally accepted principles of professional
21geology.
22    (g) In accordance with Section 58.11, the Agency shall
23propose and the Board shall adopt rules to carry out the
24purposes of this Section. At a minimum, the rules shall detail
25the types of services the Agency may provide in response to
26requests under subdivision (b) (1) of this Section and the

 

 

10000SB1821sam001- 86 -LRB100 09678 SMS 23321 a

1recordkeeping it will utilize in documenting to the RA the
2costs incurred by the Agency in providing such services.
3    (h) Public participation.
4        (1) The Agency shall develop guidance to assist RA's in
5    the implementation of a community relations plan to address
6    activity at sites undergoing remedial action pursuant to
7    this Title.
8        (2) The RA may elect to enter into a services agreement
9    with the Agency for Agency assistance in community outreach
10    efforts.
11        (3) The Agency shall maintain a registry listing those
12    sites undergoing remedial action pursuant to this Title.
13        (4) Notwithstanding any provisions of this Section,
14    the RA of a site undergoing remedial activity pursuant to
15    this Title may elect to initiate a community outreach
16    effort for the site.
17(Source: P.A. 95-331, eff. 8-21-07.)
 
18    Section 45. The Unified Code of Corrections is amended by
19changing Section 5-5-5 as follows:
 
20    (730 ILCS 5/5-5-5)  (from Ch. 38, par. 1005-5-5)
21    Sec. 5-5-5. Loss and Restoration of Rights.
22    (a) Conviction and disposition shall not entail the loss by
23the defendant of any civil rights, except under this Section
24and Sections 29-6 and 29-10 of The Election Code, as now or

 

 

10000SB1821sam001- 87 -LRB100 09678 SMS 23321 a

1hereafter amended.
2    (b) A person convicted of a felony shall be ineligible to
3hold an office created by the Constitution of this State until
4the completion of his sentence.
5    (c) A person sentenced to imprisonment shall lose his right
6to vote until released from imprisonment.
7    (d) On completion of sentence of imprisonment or upon
8discharge from probation, conditional discharge or periodic
9imprisonment, or at any time thereafter, all license rights and
10privileges granted under the authority of this State which have
11been revoked or suspended because of conviction of an offense
12shall be restored unless the authority having jurisdiction of
13such license rights finds after investigation and hearing that
14restoration is not in the public interest. This paragraph (d)
15shall not apply to the suspension or revocation of a license to
16operate a motor vehicle under the Illinois Vehicle Code.
17    (e) Upon a person's discharge from incarceration or parole,
18or upon a person's discharge from probation or at any time
19thereafter, the committing court may enter an order certifying
20that the sentence has been satisfactorily completed when the
21court believes it would assist in the rehabilitation of the
22person and be consistent with the public welfare. Such order
23may be entered upon the motion of the defendant or the State or
24upon the court's own motion.
25    (f) Upon entry of the order, the court shall issue to the
26person in whose favor the order has been entered a certificate

 

 

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1stating that his behavior after conviction has warranted the
2issuance of the order.
3    (g) This Section shall not affect the right of a defendant
4to collaterally attack his conviction or to rely on it in bar
5of subsequent proceedings for the same offense.
6    (h) No application for any license specified in subsection
7(i) of this Section granted under the authority of this State
8shall be denied by reason of an eligible offender who has
9obtained a certificate of relief from disabilities, as defined
10in Article 5.5 of this Chapter, having been previously
11convicted of one or more criminal offenses, or by reason of a
12finding of lack of "good moral character" when the finding is
13based upon the fact that the applicant has previously been
14convicted of one or more criminal offenses, unless:
15        (1) there is a direct relationship between one or more
16    of the previous criminal offenses and the specific license
17    sought; or
18        (2) the issuance of the license would involve an
19    unreasonable risk to property or to the safety or welfare
20    of specific individuals or the general public.
21    In making such a determination, the licensing agency shall
22consider the following factors:
23        (1) the public policy of this State, as expressed in
24    Article 5.5 of this Chapter, to encourage the licensure and
25    employment of persons previously convicted of one or more
26    criminal offenses;

 

 

10000SB1821sam001- 89 -LRB100 09678 SMS 23321 a

1        (2) the specific duties and responsibilities
2    necessarily related to the license being sought;
3        (3) the bearing, if any, the criminal offenses or
4    offenses for which the person was previously convicted will
5    have on his or her fitness or ability to perform one or
6    more such duties and responsibilities;
7        (4) the time which has elapsed since the occurrence of
8    the criminal offense or offenses;
9        (5) the age of the person at the time of occurrence of
10    the criminal offense or offenses;
11        (6) the seriousness of the offense or offenses;
12        (7) any information produced by the person or produced
13    on his or her behalf in regard to his or her rehabilitation
14    and good conduct, including a certificate of relief from
15    disabilities issued to the applicant, which certificate
16    shall create a presumption of rehabilitation in regard to
17    the offense or offenses specified in the certificate; and
18        (8) the legitimate interest of the licensing agency in
19    protecting property, and the safety and welfare of specific
20    individuals or the general public.
21    (i) A certificate of relief from disabilities shall be
22issued only for a license or certification issued under the
23following Acts:
24        (1) the Animal Welfare Act; except that a certificate
25    of relief from disabilities may not be granted to provide
26    for the issuance or restoration of a license under the

 

 

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1    Animal Welfare Act for any person convicted of violating
2    Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
3    Care for Animals Act or Section 26-5 or 48-1 of the
4    Criminal Code of 1961 or the Criminal Code of 2012;
5        (2) the Illinois Athletic Trainers Practice Act;
6        (3) the Barber, Cosmetology, Esthetics, Hair Braiding,
7    and Nail Technology Act of 1985;
8        (4) the Boiler and Pressure Vessel Repairer Regulation
9    Act;
10        (5) the Boxing and Full-contact Martial Arts Act;
11        (6) the Illinois Certified Shorthand Reporters Act of
12    1984;
13        (7) the Illinois Farm Labor Contractor Certification
14    Act;
15        (8) the Interior Design Title Act;
16        (9) the Illinois Professional Land Surveyor Act of
17    1989;
18        (10) the Illinois Landscape Architecture Act of 1989;
19        (11) the Marriage and Family Therapy Licensing Act;
20        (12) the Private Employment Agency Act;
21        (13) the Professional Counselor and Clinical
22    Professional Counselor Licensing and Practice Act;
23        (14) the Real Estate License Act of 2000;
24        (15) the Illinois Roofing Industry Licensing Act;
25        (16) the Professional Engineering Practice Act of
26    1989;

 

 

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1        (17) the Water Well and Pump Installation Contractor's
2    License Act;
3        (18) the Electrologist Licensing Act;
4        (19) the Auction License Act;
5        (20) the Illinois Architecture Practice Act of 1989;
6        (21) the Dietitian Nutritionist Practice Act;
7        (22) the Environmental Health Practitioner Licensing
8    Act;
9        (23) the Funeral Directors and Embalmers Licensing
10    Code;
11        (24) (blank) the Land Sales Registration Act of 1999;
12        (25) (blank) the Professional Geologist Licensing Act;
13        (26) the Illinois Public Accounting Act; and
14        (27) the Structural Engineering Practice Act of 1989.
15(Source: P.A. 97-119, eff. 7-14-11; 97-706, eff. 6-25-12;
1697-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff.
171-25-13; 98-756, eff. 7-16-14.)
 
18    (765 ILCS 86/Act rep.)
19    Section 95. The Land Sales Registration Act of 1999 is
20repealed.
 
21    (765 ILCS 101/Act rep.)
22    Section 100. The Real Estate Timeshare Act of 1999 is
23repealed.
 

 

 

10000SB1821sam001- 92 -LRB100 09678 SMS 23321 a

1    Section 999. Effective date. This Act takes effect upon
2becoming law.".