Illinois 2023-2024 Regular Session

Illinois House Bill HB2824 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2824 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 5 ILCS 430/20-5 10 ILCS 5/29-15 from Ch. 46, par. 29-15 20 ILCS 505/5d 20 ILCS 3960/4 from Ch. 111 1/2, par. 1154 60 ILCS 1/55-6 65 ILCS 5/3.1-10-5 from Ch. 24, par. 3.1-10-5 65 ILCS 5/6-3-9 from Ch. 24, par. 6-3-9 65 ILCS 5/10-1-1 from Ch. 24, par. 10-1-1 75 ILCS 16/30-20 105 ILCS 5/10-3 from Ch. 122, par. 10-3 105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1 225 ILCS 51/25 230 ILCS 5/6 from Ch. 8, par. 37-6 230 ILCS 10/5 from Ch. 120, par. 2405 235 ILCS 5/3-6 from Ch. 43, par. 102 720 ILCS 5/11-9.3 720 ILCS 5/33-7 Amends the State Officials and Employees Ethics Act, the Election Code, the Children and Family Services Act, the Illinois Health Facilities Planning Act, the Township Code, the Illinois Municipal Code, the Public Library District Act of 1991, the School Code, the Home Medical Equipment and Services Provider License Act, the Illinois Horse Racing Act of 1975, the Illinois Gambling Act, the Liquor Control Act of 1934, and the Criminal Code of 2012. Makes changes in these Acts to provisions concerning whether a conviction for certain criminal offenses disqualifies an individual from serving in one of the specified public offices or on one of the specified boards and commissions. Makes conforming changes. LRB103 29485 DTM 55880 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2824 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: 5 ILCS 430/20-5 10 ILCS 5/29-15 from Ch. 46, par. 29-15 20 ILCS 505/5d 20 ILCS 3960/4 from Ch. 111 1/2, par. 1154 60 ILCS 1/55-6 65 ILCS 5/3.1-10-5 from Ch. 24, par. 3.1-10-5 65 ILCS 5/6-3-9 from Ch. 24, par. 6-3-9 65 ILCS 5/10-1-1 from Ch. 24, par. 10-1-1 75 ILCS 16/30-20 105 ILCS 5/10-3 from Ch. 122, par. 10-3 105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1 225 ILCS 51/25 230 ILCS 5/6 from Ch. 8, par. 37-6 230 ILCS 10/5 from Ch. 120, par. 2405 235 ILCS 5/3-6 from Ch. 43, par. 102 720 ILCS 5/11-9.3 720 ILCS 5/33-7 5 ILCS 430/20-5 10 ILCS 5/29-15 from Ch. 46, par. 29-15 20 ILCS 505/5d 20 ILCS 3960/4 from Ch. 111 1/2, par. 1154 60 ILCS 1/55-6 65 ILCS 5/3.1-10-5 from Ch. 24, par. 3.1-10-5 65 ILCS 5/6-3-9 from Ch. 24, par. 6-3-9 65 ILCS 5/10-1-1 from Ch. 24, par. 10-1-1 75 ILCS 16/30-20 105 ILCS 5/10-3 from Ch. 122, par. 10-3 105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1 225 ILCS 51/25 230 ILCS 5/6 from Ch. 8, par. 37-6 230 ILCS 10/5 from Ch. 120, par. 2405 235 ILCS 5/3-6 from Ch. 43, par. 102 720 ILCS 5/11-9.3 720 ILCS 5/33-7 Amends the State Officials and Employees Ethics Act, the Election Code, the Children and Family Services Act, the Illinois Health Facilities Planning Act, the Township Code, the Illinois Municipal Code, the Public Library District Act of 1991, the School Code, the Home Medical Equipment and Services Provider License Act, the Illinois Horse Racing Act of 1975, the Illinois Gambling Act, the Liquor Control Act of 1934, and the Criminal Code of 2012. Makes changes in these Acts to provisions concerning whether a conviction for certain criminal offenses disqualifies an individual from serving in one of the specified public offices or on one of the specified boards and commissions. Makes conforming changes. LRB103 29485 DTM 55880 b LRB103 29485 DTM 55880 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2824 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 430/20-5 10 ILCS 5/29-15 from Ch. 46, par. 29-15 20 ILCS 505/5d 20 ILCS 3960/4 from Ch. 111 1/2, par. 1154 60 ILCS 1/55-6 65 ILCS 5/3.1-10-5 from Ch. 24, par. 3.1-10-5 65 ILCS 5/6-3-9 from Ch. 24, par. 6-3-9 65 ILCS 5/10-1-1 from Ch. 24, par. 10-1-1 75 ILCS 16/30-20 105 ILCS 5/10-3 from Ch. 122, par. 10-3 105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1 225 ILCS 51/25 230 ILCS 5/6 from Ch. 8, par. 37-6 230 ILCS 10/5 from Ch. 120, par. 2405 235 ILCS 5/3-6 from Ch. 43, par. 102 720 ILCS 5/11-9.3 720 ILCS 5/33-7 5 ILCS 430/20-5 10 ILCS 5/29-15 from Ch. 46, par. 29-15 20 ILCS 505/5d 20 ILCS 3960/4 from Ch. 111 1/2, par. 1154 60 ILCS 1/55-6 65 ILCS 5/3.1-10-5 from Ch. 24, par. 3.1-10-5 65 ILCS 5/6-3-9 from Ch. 24, par. 6-3-9 65 ILCS 5/10-1-1 from Ch. 24, par. 10-1-1 75 ILCS 16/30-20 105 ILCS 5/10-3 from Ch. 122, par. 10-3 105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1 225 ILCS 51/25 230 ILCS 5/6 from Ch. 8, par. 37-6 230 ILCS 10/5 from Ch. 120, par. 2405 235 ILCS 5/3-6 from Ch. 43, par. 102 720 ILCS 5/11-9.3 720 ILCS 5/33-7
4	4	5 ILCS 430/20-5
5	5	10 ILCS 5/29-15 from Ch. 46, par. 29-15
6	6	20 ILCS 505/5d
7	7	20 ILCS 3960/4 from Ch. 111 1/2, par. 1154
8	8	60 ILCS 1/55-6
9	9	65 ILCS 5/3.1-10-5 from Ch. 24, par. 3.1-10-5
10	10	65 ILCS 5/6-3-9 from Ch. 24, par. 6-3-9
11	11	65 ILCS 5/10-1-1 from Ch. 24, par. 10-1-1
12	12	75 ILCS 16/30-20
13	13	105 ILCS 5/10-3 from Ch. 122, par. 10-3
14	14	105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1
15	15	225 ILCS 51/25
16	16	230 ILCS 5/6 from Ch. 8, par. 37-6
17	17	230 ILCS 10/5 from Ch. 120, par. 2405
18	18	235 ILCS 5/3-6 from Ch. 43, par. 102
19	19	720 ILCS 5/11-9.3
20	20	720 ILCS 5/33-7
21	21	Amends the State Officials and Employees Ethics Act, the Election Code, the Children and Family Services Act, the Illinois Health Facilities Planning Act, the Township Code, the Illinois Municipal Code, the Public Library District Act of 1991, the School Code, the Home Medical Equipment and Services Provider License Act, the Illinois Horse Racing Act of 1975, the Illinois Gambling Act, the Liquor Control Act of 1934, and the Criminal Code of 2012. Makes changes in these Acts to provisions concerning whether a conviction for certain criminal offenses disqualifies an individual from serving in one of the specified public offices or on one of the specified boards and commissions. Makes conforming changes.
22	22	LRB103 29485 DTM 55880 b LRB103 29485 DTM 55880 b
23	23	LRB103 29485 DTM 55880 b
24	24	A BILL FOR
25	25	HB2824LRB103 29485 DTM 55880 b HB2824 LRB103 29485 DTM 55880 b
26	26	HB2824 LRB103 29485 DTM 55880 b
27	27	1 AN ACT concerning criminal law.
28	28	2 Be it enacted by the People of the State of Illinois,
29	29	3 represented in the General Assembly:
30	30	4 Section 5. The State Officials and Employees Ethics Act is
31	31	5 amended by changing Section 20-5 as follows:
32	32	6 (5 ILCS 430/20-5)
33	33	7 Sec. 20-5. Executive Ethics Commission.
34	34	8 (a) The Executive Ethics Commission is created.
35	35	9 (b) The Executive Ethics Commission shall consist of 9
36	36	10 commissioners. The Governor shall appoint 5 commissioners, and
37	37	11 the Attorney General, Secretary of State, Comptroller, and
38	38	12 Treasurer shall each appoint one commissioner. Appointments
39	39	13 shall be made by and with the advice and consent of the Senate
40	40	14 by three-fifths of the elected members concurring by record
41	41	15 vote. Any nomination not acted upon by the Senate within 60
42	42	16 session days of the receipt thereof shall be deemed to have
43	43	17 received the advice and consent of the Senate. If, during a
44	44	18 recess of the Senate, there is a vacancy in an office of
45	45	19 commissioner, the appointing authority shall make a temporary
46	46	20 appointment until the next meeting of the Senate when the
47	47	21 appointing authority shall make a nomination to fill that
48	48	22 office. No person rejected for an office of commissioner
49	49	23 shall, except by the Senate's request, be nominated again for
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53	53	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2824 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
54	54	5 ILCS 430/20-5 10 ILCS 5/29-15 from Ch. 46, par. 29-15 20 ILCS 505/5d 20 ILCS 3960/4 from Ch. 111 1/2, par. 1154 60 ILCS 1/55-6 65 ILCS 5/3.1-10-5 from Ch. 24, par. 3.1-10-5 65 ILCS 5/6-3-9 from Ch. 24, par. 6-3-9 65 ILCS 5/10-1-1 from Ch. 24, par. 10-1-1 75 ILCS 16/30-20 105 ILCS 5/10-3 from Ch. 122, par. 10-3 105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1 225 ILCS 51/25 230 ILCS 5/6 from Ch. 8, par. 37-6 230 ILCS 10/5 from Ch. 120, par. 2405 235 ILCS 5/3-6 from Ch. 43, par. 102 720 ILCS 5/11-9.3 720 ILCS 5/33-7 5 ILCS 430/20-5 10 ILCS 5/29-15 from Ch. 46, par. 29-15 20 ILCS 505/5d 20 ILCS 3960/4 from Ch. 111 1/2, par. 1154 60 ILCS 1/55-6 65 ILCS 5/3.1-10-5 from Ch. 24, par. 3.1-10-5 65 ILCS 5/6-3-9 from Ch. 24, par. 6-3-9 65 ILCS 5/10-1-1 from Ch. 24, par. 10-1-1 75 ILCS 16/30-20 105 ILCS 5/10-3 from Ch. 122, par. 10-3 105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1 225 ILCS 51/25 230 ILCS 5/6 from Ch. 8, par. 37-6 230 ILCS 10/5 from Ch. 120, par. 2405 235 ILCS 5/3-6 from Ch. 43, par. 102 720 ILCS 5/11-9.3 720 ILCS 5/33-7
55	55	5 ILCS 430/20-5
56	56	10 ILCS 5/29-15 from Ch. 46, par. 29-15
57	57	20 ILCS 505/5d
58	58	20 ILCS 3960/4 from Ch. 111 1/2, par. 1154
59	59	60 ILCS 1/55-6
60	60	65 ILCS 5/3.1-10-5 from Ch. 24, par. 3.1-10-5
61	61	65 ILCS 5/6-3-9 from Ch. 24, par. 6-3-9
62	62	65 ILCS 5/10-1-1 from Ch. 24, par. 10-1-1
63	63	75 ILCS 16/30-20
64	64	105 ILCS 5/10-3 from Ch. 122, par. 10-3
65	65	105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1
66	66	225 ILCS 51/25
67	67	230 ILCS 5/6 from Ch. 8, par. 37-6
68	68	230 ILCS 10/5 from Ch. 120, par. 2405
69	69	235 ILCS 5/3-6 from Ch. 43, par. 102
70	70	720 ILCS 5/11-9.3
71	71	720 ILCS 5/33-7
72	72	Amends the State Officials and Employees Ethics Act, the Election Code, the Children and Family Services Act, the Illinois Health Facilities Planning Act, the Township Code, the Illinois Municipal Code, the Public Library District Act of 1991, the School Code, the Home Medical Equipment and Services Provider License Act, the Illinois Horse Racing Act of 1975, the Illinois Gambling Act, the Liquor Control Act of 1934, and the Criminal Code of 2012. Makes changes in these Acts to provisions concerning whether a conviction for certain criminal offenses disqualifies an individual from serving in one of the specified public offices or on one of the specified boards and commissions. Makes conforming changes.
73	73	LRB103 29485 DTM 55880 b LRB103 29485 DTM 55880 b
74	74	LRB103 29485 DTM 55880 b
75	75	A BILL FOR
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81	81	5 ILCS 430/20-5
82	82	10 ILCS 5/29-15 from Ch. 46, par. 29-15
83	83	20 ILCS 505/5d
84	84	20 ILCS 3960/4 from Ch. 111 1/2, par. 1154
85	85	60 ILCS 1/55-6
86	86	65 ILCS 5/3.1-10-5 from Ch. 24, par. 3.1-10-5
87	87	65 ILCS 5/6-3-9 from Ch. 24, par. 6-3-9
88	88	65 ILCS 5/10-1-1 from Ch. 24, par. 10-1-1
89	89	75 ILCS 16/30-20
90	90	105 ILCS 5/10-3 from Ch. 122, par. 10-3
91	91	105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1
92	92	225 ILCS 51/25
93	93	230 ILCS 5/6 from Ch. 8, par. 37-6
94	94	230 ILCS 10/5 from Ch. 120, par. 2405
95	95	235 ILCS 5/3-6 from Ch. 43, par. 102
96	96	720 ILCS 5/11-9.3
97	97	720 ILCS 5/33-7
98	98
99	99
100	100
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116	116	1 that office at the same session of the Senate or be appointed
117	117	2 to that office during a recess of that Senate. No more than 5
118	118	3 commissioners may be of the same political party.
119	119	4 The terms of the initial commissioners shall commence upon
120	120	5 qualification. Four initial appointees of the Governor, as
121	121	6 designated by the Governor, shall serve terms running through
122	122	7 June 30, 2007. One initial appointee of the Governor, as
123	123	8 designated by the Governor, and the initial appointees of the
124	124	9 Attorney General, Secretary of State, Comptroller, and
125	125	10 Treasurer shall serve terms running through June 30, 2008. The
126	126	11 initial appointments shall be made within 60 days after the
127	127	12 effective date of this Act.
128	128	13 After the initial terms, commissioners shall serve for
129	129	14 4-year terms commencing on July 1 of the year of appointment
130	130	15 and running through June 30 of the fourth following year.
131	131	16 Commissioners may be reappointed to one or more subsequent
132	132	17 terms.
133	133	18 Vacancies occurring other than at the end of a term shall
134	134	19 be filled by the appointing authority only for the balance of
135	135	20 the term of the commissioner whose office is vacant.
136	136	21 Terms shall run regardless of whether the position is
137	137	22 filled.
138	138	23 (c) The appointing authorities shall appoint commissioners
139	139	24 who have experience holding governmental office or employment
140	140	25 and shall appoint commissioners from the general public. A
141	141	26 person is not eligible to serve as a commissioner if that
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152	152	1 person (i) has been convicted of a felony or a crime of
153	153	2 dishonesty or moral turpitude, (ii) is, or was within the
154	154	3 preceding 12 months, engaged in activities that require
155	155	4 registration under the Lobbyist Registration Act, (ii) (iii)
156	156	5 is related to the appointing authority, or (iii) (iv) is a
157	157	6 State officer or employee. Appointing authorities shall
158	158	7 require potential nominees to disclose any convictions under
159	159	8 Article 33 of the Criminal Code of 2012 in the preceding 5
160	160	9 years, and any such disclosure shall be shared with members of
161	161	10 the Senate upon nomination.
162	162	11 (d) The Executive Ethics Commission shall have
163	163	12 jurisdiction over all officers and employees of State agencies
164	164	13 other than the General Assembly, the Senate, the House of
165	165	14 Representatives, the President and Minority Leader of the
166	166	15 Senate, the Speaker and Minority Leader of the House of
167	167	16 Representatives, the Senate Operations Commission, the
168	168	17 legislative support services agencies, and the Office of the
169	169	18 Auditor General. The Executive Ethics Commission shall have
170	170	19 jurisdiction over all board members and employees of Regional
171	171	20 Transit Boards. The jurisdiction of the Commission is limited
172	172	21 to matters arising under this Act, except as provided in
173	173	22 subsection (d-5).
174	174	23 A member or legislative branch State employee serving on
175	175	24 an executive branch board or commission remains subject to the
176	176	25 jurisdiction of the Legislative Ethics Commission and is not
177	177	26 subject to the jurisdiction of the Executive Ethics
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188	188	1 Commission.
189	189	2 (d-5) The Executive Ethics Commission shall have
190	190	3 jurisdiction over all chief procurement officers and
191	191	4 procurement compliance monitors and their respective staffs.
192	192	5 The Executive Ethics Commission shall have jurisdiction over
193	193	6 any matters arising under the Illinois Procurement Code if the
194	194	7 Commission is given explicit authority in that Code.
195	195	8 (d-6) (1) The Executive Ethics Commission shall have
196	196	9 jurisdiction over the Illinois Power Agency and its staff. The
197	197	10 Director of the Agency shall be appointed by a majority of the
198	198	11 commissioners of the Executive Ethics Commission, subject to
199	199	12 Senate confirmation, for a term of 2 years. The Director is
200	200	13 removable for cause by a majority of the Commission upon a
201	201	14 finding of neglect, malfeasance, absence, or incompetence.
202	202	15 (2) In case of a vacancy in the office of Director of the
203	203	16 Illinois Power Agency during a recess of the Senate, the
204	204	17 Executive Ethics Commission may make a temporary appointment
205	205	18 until the next meeting of the Senate, at which time the
206	206	19 Executive Ethics Commission shall nominate some person to fill
207	207	20 the office, and any person so nominated who is confirmed by the
208	208	21 Senate shall hold office during the remainder of the term and
209	209	22 until his or her successor is appointed and qualified. Nothing
210	210	23 in this subsection shall prohibit the Executive Ethics
211	211	24 Commission from removing a temporary appointee or from
212	212	25 appointing a temporary appointee as the Director of the
213	213	26 Illinois Power Agency.
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224	224	1 (3) Prior to June 1, 2012, the Executive Ethics Commission
225	225	2 may, until the Director of the Illinois Power Agency is
226	226	3 appointed and qualified or a temporary appointment is made
227	227	4 pursuant to paragraph (2) of this subsection, designate some
228	228	5 person as an acting Director to execute the powers and
229	229	6 discharge the duties vested by law in that Director. An acting
230	230	7 Director shall serve no later than 60 calendar days, or upon
231	231	8 the making of an appointment pursuant to paragraph (1) or (2)
232	232	9 of this subsection, whichever is earlier. Nothing in this
233	233	10 subsection shall prohibit the Executive Ethics Commission from
234	234	11 removing an acting Director or from appointing an acting
235	235	12 Director as the Director of the Illinois Power Agency.
236	236	13 (4) No person rejected by the Senate for the office of
237	237	14 Director of the Illinois Power Agency shall, except at the
238	238	15 Senate's request, be nominated again for that office at the
239	239	16 same session or be appointed to that office during a recess of
240	240	17 that Senate.
241	241	18 (d-7) The Executive Ethics Commission shall have
242	242	19 jurisdiction over complainants and respondents in violation of
243	243	20 subsection (d) of Section 20-90.
244	244	21 (e) The Executive Ethics Commission must meet, either in
245	245	22 person or by other technological means, at least monthly and
246	246	23 as often as necessary. At the first meeting of the Executive
247	247	24 Ethics Commission, the commissioners shall choose from their
248	248	25 number a chairperson and other officers that they deem
249	249	26 appropriate. The terms of officers shall be for 2 years
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260	260	1 commencing July 1 and running through June 30 of the second
261	261	2 following year. Meetings shall be held at the call of the
262	262	3 chairperson or any 3 commissioners. Official action by the
263	263	4 Commission shall require the affirmative vote of 5
264	264	5 commissioners, and a quorum shall consist of 5 commissioners.
265	265	6 Commissioners shall receive compensation in an amount equal to
266	266	7 the compensation of members of the State Board of Elections
267	267	8 and may be reimbursed for their reasonable expenses actually
268	268	9 incurred in the performance of their duties.
269	269	10 (f) No commissioner or employee of the Executive Ethics
270	270	11 Commission may during his or her term of appointment or
271	271	12 employment:
272	272	13 (1) become a candidate for any elective office;
273	273	14 (2) hold any other elected or appointed public office
274	274	15 except for appointments on governmental advisory boards or
275	275	16 study commissions or as otherwise expressly authorized by
276	276	17 law;
277	277	18 (3) be actively involved in the affairs of any
278	278	19 political party or political organization; or
279	279	20 (4) advocate for the appointment of another person to
280	280	21 an appointed or elected office or position or actively
281	281	22 participate in any campaign for any elective office.
282	282	23 (g) An appointing authority may remove a commissioner only
283	283	24 for cause.
284	284	25 (h) The Executive Ethics Commission shall appoint an
285	285	26 Executive Director. The compensation of the Executive Director
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296	296	1 shall be as determined by the Commission. The Executive
297	297	2 Director of the Executive Ethics Commission may employ and
298	298	3 determine the compensation of staff, as appropriations permit.
299	299	4 (i) The Executive Ethics Commission shall appoint, by a
300	300	5 majority of the members appointed to the Commission, chief
301	301	6 procurement officers and may appoint procurement compliance
302	302	7 monitors in accordance with the provisions of the Illinois
303	303	8 Procurement Code. The compensation of a chief procurement
304	304	9 officer and procurement compliance monitor shall be determined
305	305	10 by the Commission.
306	306	11 (Source: P.A. 100-43, eff. 8-9-17; 101-221, eff. 8-9-19;
307	307	12 101-617, eff. 12-20-19.)
308	308	13 Section 10. The Election Code is amended by changing
309	309	14 Section 29-15 as follows:
310	310	15 (10 ILCS 5/29-15) (from Ch. 46, par. 29-15)
311	311	16 Sec. 29-15. Official Misconduct and Election Code
312	312	17 Convictions Conviction deemed infamous. Any person convicted
313	313	18 of an offense under this Code or Article 33 of the Criminal
314	314	19 Code of 2012 an infamous crime as such term is defined in
315	315	20 Section 124-1 of the Code of Criminal Procedure of 1963, as
316	316	21 amended, shall thereafter be prohibited from holding any
317	317	22 office of honor, trust, or profit, for a period of 5 years
318	318	23 after the date of such conviction unless such person is again
319	319	24 restored to such rights by the terms of a pardon for the
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330	330	1 offense, has received a restoration of rights by the Governor,
331	331	2 or otherwise according to law. Any time after a judgment of
332	332	3 conviction is rendered, a person convicted of an infamous
333	333	4 crime may petition the Governor for a restoration of rights.
334	334	5 The changes made to this Section by this amendatory Act of
335	335	6 the 102nd General Assembly are declarative of existing law.
336	336	7 (Source: P.A. 102-15, eff. 6-17-21.)
337	337	8 Section 15. The Children and Family Services Act is
338	338	9 amended by changing Section 5d as follows:
339	339	10 (20 ILCS 505/5d)
340	340	11 Sec. 5d. The Direct Child Welfare Service Employee License
341	341	12 Board.
342	342	13 (a) For purposes of this Section:
343	343	14 (1) "Board" means the Direct Child Welfare Service
344	344	15 Employee License Board.
345	345	16 (2) "Director" means the Director of Children and
346	346	17 Family Services.
347	347	18 (b) The Direct Child Welfare Service Employee License
348	348	19 Board is created within the Department of Children and Family
349	349	20 Services and shall consist of 9 members appointed by the
350	350	21 Director. The Director shall annually designate a chairperson
351	351	22 and vice-chairperson of the Board. The membership of the Board
352	352	23 must be composed as follows: (i) 5 licensed professionals from
353	353	24 the field of human services with a human services, juris
354	354
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358	358
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360	360
361	361
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364	364	1 doctor, medical, public administration, or other relevant
365	365	2 human services degree and who are in good standing within
366	366	3 their profession, at least 2 of which must be employed in the
367	367	4 private not-for-profit sector and at least one of which in the
368	368	5 public sector; (ii) 2 faculty members of an accredited
369	369	6 university who have child welfare experience and are in good
370	370	7 standing within their profession and (iii) 2 members of the
371	371	8 general public who are not licensed under this Act or a similar
372	372	9 rule and will represent consumer interests.
373	373	10 In making the first appointments, the Director shall
374	374	11 appoint 3 members to serve for a term of one year, 3 members to
375	375	12 serve for a term of 2 years, and 3 members to serve for a term
376	376	13 of 3 years, or until their successors are appointed and
377	377	14 qualified. Their successors shall be appointed to serve 3-year
378	378	15 terms, or until their successors are appointed and qualified.
379	379	16 Appointments to fill unexpired vacancies shall be made in the
380	380	17 same manner as original appointments. No member may be
381	381	18 reappointed if a reappointment would cause that member to
382	382	19 serve on the Board for longer than 6 consecutive years. Board
383	383	20 membership must have reasonable representation from different
384	384	21 geographic areas of Illinois, and all members must be
385	385	22 residents of this State.
386	386	23 The Director may terminate the appointment of any member
387	387	24 for good cause, including but not limited to (i) unjustified
388	388	25 absences from Board meetings or other failure to meet Board
389	389	26 responsibilities, (ii) failure to recuse himself or herself
390	390
391	391
392	392
393	393
394	394
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396	396
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400	400	1 when required by subsection (c) of this Section or Department
401	401	2 rule, or (iii) failure to maintain the professional position
402	402	3 required by Department rule. No member of the Board may have a
403	403	4 pending or indicated report of child abuse or neglect. The
404	404	5 Director shall require any potential member to disclose or a
405	405	6 pending complaint or criminal conviction of any of the
406	406	7 offenses set forth in paragraph (b) of Section 4.2 of the Child
407	407	8 Care Act of 1969 within the preceding 5 years.
408	408	9 The members of the Board shall receive no compensation for
409	409	10 the performance of their duties as members, but each member
410	410	11 shall be reimbursed for his or her reasonable and necessary
411	411	12 expenses incurred in attending the meetings of the Board.
412	412	13 (c) The Board shall make recommendations to the Director
413	413	14 regarding licensure rules. Board members must recuse
414	414	15 themselves from sitting on any matter involving an employee of
415	415	16 a child welfare agency at which the Board member is an employee
416	416	17 or contractual employee. The Board shall make a final
417	417	18 determination concerning revocation, suspension, or
418	418	19 reinstatement of an employee's direct child welfare service
419	419	20 license after a hearing conducted under the Department's
420	420	21 rules. Upon notification of the manner of the vote to all the
421	421	22 members, votes on a final determination may be cast in person,
422	422	23 by telephonic or electronic means, or by mail at the
423	423	24 discretion of the chairperson. A simple majority of the
424	424	25 members appointed and serving is required when Board members
425	425	26 vote by mail or by telephonic or electronic means. A majority
426	426
427	427
428	428
429	429
430	430
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432	432
433	433
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435	435	HB2824 - 11 - LRB103 29485 DTM 55880 b
436	436	1 of the currently appointed and serving Board members
437	437	2 constitutes a quorum. A majority of a quorum is required when a
438	438	3 recommendation is voted on during a Board meeting. A vacancy
439	439	4 in the membership of the Board shall not impair the right of a
440	440	5 quorum to perform all the duties of the Board. Board members
441	441	6 are not personally liable in any action based upon a
442	442	7 disciplinary proceeding or otherwise for any action taken in
443	443	8 good faith as a member of the Board.
444	444	9 (d) The Director may assign Department employees to
445	445	10 provide staffing services to the Board. The Department must
446	446	11 promulgate any rules necessary to implement and administer the
447	447	12 requirements of this Section.
448	448	13 (Source: P.A. 102-45, eff. 1-1-22.)
449	449	14 Section 20. The Illinois Health Facilities Planning Act is
450	450	15 amended by changing Section 4 as follows:
451	451	16 (20 ILCS 3960/4) (from Ch. 111 1/2, par. 1154)
452	452	17 (Section scheduled to be repealed on December 31, 2029)
453	453	18 Sec. 4. Health Facilities and Services Review Board;
454	454	19 membership; appointment; term; compensation; quorum.
455	455	20 (a) There is created the Health Facilities and Services
456	456	21 Review Board, which shall perform the functions described in
457	457	22 this Act. The Department shall provide operational support to
458	458	23 the Board as necessary, including the provision of office
459	459	24 space, supplies, and clerical, financial, and accounting
460	460
461	461
462	462
463	463
464	464
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466	466
467	467
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470	470	1 services. The Board may contract for functions or operational
471	471	2 support as needed. The Board may also contract with experts
472	472	3 related to specific health services or facilities and create
473	473	4 technical advisory panels to assist in the development of
474	474	5 criteria, standards, and procedures used in the evaluation of
475	475	6 applications for permit and exemption.
476	476	7 (b) The State Board shall consist of 11 voting members.
477	477	8 All members shall be residents of Illinois and at least 4 shall
478	478	9 reside outside the Chicago Metropolitan Statistical Area.
479	479	10 Consideration shall be given to potential appointees who
480	480	11 reflect the ethnic and cultural diversity of the State.
481	481	12 Neither Board members nor Board staff shall be convicted
482	482	13 felons or have pled guilty to a felony.
483	483	14 Each member shall have a reasonable knowledge of the
484	484	15 practice, procedures and principles of the health care
485	485	16 delivery system in Illinois, including at least 5 members who
486	486	17 shall be knowledgeable about health care delivery systems,
487	487	18 health systems planning, finance, or the management of health
488	488	19 care facilities currently regulated under the Act. One member
489	489	20 shall be a representative of a non-profit health care consumer
490	490	21 advocacy organization. One member shall be a representative
491	491	22 from the community with experience on the effects of
492	492	23 discontinuing health care services or the closure of health
493	493	24 care facilities on the surrounding community; provided,
494	494	25 however, that all other members of the Board shall be
495	495	26 appointed before this member shall be appointed. A spouse,
496	496
497	497
498	498
499	499
500	500
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502	502
503	503
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505	505	HB2824 - 13 - LRB103 29485 DTM 55880 b
506	506	1 parent, sibling, or child of a Board member cannot be an
507	507	2 employee, agent, or under contract with services or facilities
508	508	3 subject to the Act. Prior to appointment and in the course of
509	509	4 service on the Board, members of the Board shall disclose the
510	510	5 employment or other financial interest of any other relative
511	511	6 of the member, if known, in service or facilities subject to
512	512	7 the Act. Members of the Board shall declare any conflict of
513	513	8 interest that may exist with respect to the status of those
514	514	9 relatives and recuse themselves from voting on any issue for
515	515	10 which a conflict of interest is declared. No person shall be
516	516	11 appointed or continue to serve as a member of the State Board
517	517	12 who is, or whose spouse, parent, sibling, or child is, a member
518	518	13 of the Board of Directors of, has a financial interest in, or
519	519	14 has a business relationship with a health care facility.
520	520	15 Notwithstanding any provision of this Section to the
521	521	16 contrary, the term of office of each member of the State Board
522	522	17 serving on the day before the effective date of this
523	523	18 amendatory Act of the 96th General Assembly is abolished on
524	524	19 the date upon which members of the Board, as established by
525	525	20 this amendatory Act of the 96th General Assembly, have been
526	526	21 appointed and can begin to take action as a Board.
527	527	22 (c) The State Board shall be appointed by the Governor,
528	528	23 with the advice and consent of the Senate. Not more than 6 of
529	529	24 the appointments shall be of the same political party at the
530	530	25 time of the appointment.
531	531	26 The Secretary of Human Services, the Director of
532	532
533	533
534	534
535	535
536	536
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538	538
539	539
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542	542	1 Healthcare and Family Services, and the Director of Public
543	543	2 Health, or their designated representatives, shall serve as
544	544	3 ex-officio, non-voting members of the State Board.
545	545	4 (d) Of those members initially appointed by the Governor
546	546	5 following the effective date of this amendatory Act of the
547	547	6 96th General Assembly, 3 shall serve for terms expiring July
548	548	7 1, 2011, 3 shall serve for terms expiring July 1, 2012, and 3
549	549	8 shall serve for terms expiring July 1, 2013. Thereafter, each
550	550	9 appointed member shall hold office for a term of 3 years,
551	551	10 provided that any member appointed to fill a vacancy occurring
552	552	11 prior to the expiration of the term for which his or her
553	553	12 predecessor was appointed shall be appointed for the remainder
554	554	13 of such term and the term of office of each successor shall
555	555	14 commence on July 1 of the year in which his predecessor's term
556	556	15 expires. Each member shall hold office until his or her
557	557	16 successor is appointed and qualified. The Governor may
558	558	17 reappoint a member for additional terms, but no member shall
559	559	18 serve more than 3 terms, subject to review and re-approval
560	560	19 every 3 years.
561	561	20 (e) State Board members, while serving on business of the
562	562	21 State Board, shall receive actual and necessary travel and
563	563	22 subsistence expenses while so serving away from their places
564	564	23 of residence. Until March 1, 2010, a member of the State Board
565	565	24 who experiences a significant financial hardship due to the
566	566	25 loss of income on days of attendance at meetings or while
567	567	26 otherwise engaged in the business of the State Board may be
568	568
569	569
570	570
571	571
572	572
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574	574
575	575
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578	578	1 paid a hardship allowance, as determined by and subject to the
579	579	2 approval of the Governor's Travel Control Board.
580	580	3 (f) The Governor shall designate one of the members to
581	581	4 serve as the Chairman of the Board, who shall be a person with
582	582	5 expertise in health care delivery system planning, finance or
583	583	6 management of health care facilities that are regulated under
584	584	7 the Act. The Chairman shall annually review Board member
585	585	8 performance and shall report the attendance record of each
586	586	9 Board member to the General Assembly.
587	587	10 (g) The State Board, through the Chairman, shall prepare a
588	588	11 separate and distinct budget approved by the General Assembly
589	589	12 and shall hire and supervise its own professional staff
590	590	13 responsible for carrying out the responsibilities of the
591	591	14 Board.
592	592	15 (h) The State Board shall meet at least every 45 days, or
593	593	16 as often as the Chairman of the State Board deems necessary, or
594	594	17 upon the request of a majority of the members.
595	595	18 (i) Six members of the State Board shall constitute a
596	596	19 quorum. The affirmative vote of 6 of the members of the State
597	597	20 Board shall be necessary for any action requiring a vote to be
598	598	21 taken by the State Board. A vacancy in the membership of the
599	599	22 State Board shall not impair the right of a quorum to exercise
600	600	23 all the rights and perform all the duties of the State Board as
601	601	24 provided by this Act.
602	602	25 (j) A State Board member shall disqualify himself or
603	603	26 herself from the consideration of any application for a permit
604	604
605	605
606	606
607	607
608	608
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610	610
611	611
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614	614	1 or exemption in which the State Board member or the State Board
615	615	2 member's spouse, parent, sibling, or child: (i) has an
616	616	3 economic interest in the matter; or (ii) is employed by,
617	617	4 serves as a consultant for, or is a member of the governing
618	618	5 board of the applicant or a party opposing the application.
619	619	6 (k) The Chairman, Board members, and Board staff must
620	620	7 comply with the Illinois Governmental Ethics Act.
621	621	8 (Source: P.A. 102-4, eff. 4-27-21.)
622	622	9 Section 25. The Township Code is amended by changing
623	623	10 Section 55-6 as follows:
624	624	11 (60 ILCS 1/55-6)
625	625	12 Sec. 55-6. Criminal conviction. A person is not eligible
626	626	13 to hold any office if that person, at the time required for
627	627	14 taking the oath of office, has been convicted of an offense
628	628	15 under Article 33 of the Criminal Code of 2012 within the
629	629	16 preceding 5 years in any court located in the United States of
630	630	17 any infamous crime, bribery, perjury, or other felony.
631	631	18 (Source: P.A. 99-546, eff. 7-15-16.)
632	632	19 Section 30. The Illinois Municipal Code is amended by
633	633	20 changing Sections 3.1-10-5, 6-3-9, and 10-1-1 as follows:
634	634	21 (65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
635	635	22 Sec. 3.1-10-5. Qualifications; elective office.
636	636
637	637
638	638
639	639
640	640
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642	642
643	643
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646	646	1 (a) A person is not eligible for an elective municipal
647	647	2 office unless that person is a qualified elector of the
648	648	3 municipality and has resided in the municipality at least one
649	649	4 year next preceding the election or appointment, except as
650	650	5 provided in Section 3.1-20-25, subsection (b) of Section
651	651	6 3.1-25-75, Section 5-2-2, or Section 5-2-11.
652	652	7 (b) A person is not eligible to take the oath of office for
653	653	8 a municipal office if that person is, at the time required for
654	654	9 taking the oath of office, in arrears in the payment of a tax
655	655	10 or other indebtedness due to the municipality or has been
656	656	11 convicted of an offense under Article 33 of the Criminal Code
657	657	12 of 2012 in the preceding 5 years in any court located in the
658	658	13 United States of any infamous crime, bribery, perjury, or
659	659	14 other felony, unless such person is again restored to his or
660	660	15 her rights of citizenship that may have been forfeited under
661	661	16 Illinois law as a result of a conviction, which includes
662	662	17 eligibility to hold elected municipal office, by the terms of
663	663	18 a pardon for the offense, has received a restoration of rights
664	664	19 by the Governor, or otherwise according to law. Any time after
665	665	20 a judgment of conviction is rendered, a person convicted of an
666	666	21 infamous crime, bribery, perjury, or other felony may petition
667	667	22 the Governor for a restoration of rights.
668	668	23 The changes made to this subsection by this amendatory Act
669	669	24 of the 102nd General Assembly are declarative of existing law
670	670	25 and apply to all persons elected at the April 4, 2017
671	671	26 consolidated election and to persons elected or appointed
672	672
673	673
674	674
675	675
676	676
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678	678
679	679
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682	682	1 thereafter.
683	683	2 (b-5) (Blank).
684	684	3 (c) A person is not eligible for the office of alderperson
685	685	4 of a ward unless that person has resided in the ward that the
686	686	5 person seeks to represent, and a person is not eligible for the
687	687	6 office of trustee of a district unless that person has resided
688	688	7 in the municipality, at least one year next preceding the
689	689	8 election or appointment, except as provided in Section
690	690	9 3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2,
691	691	10 or Section 5-2-11.
692	692	11 (d) If a person (i) is a resident of a municipality
693	693	12 immediately prior to the active duty military service of that
694	694	13 person or that person's spouse, (ii) resides anywhere outside
695	695	14 of the municipality during that active duty military service,
696	696	15 and (iii) immediately upon completion of that active duty
697	697	16 military service is again a resident of the municipality, then
698	698	17 the time during which the person resides outside the
699	699	18 municipality during the active duty military service is deemed
700	700	19 to be time during which the person is a resident of the
701	701	20 municipality for purposes of determining the residency
702	702	21 requirement under subsection (a).
703	703	22 (Source: P.A. 102-15, eff. 6-17-21.)
704	704	23 (65 ILCS 5/6-3-9) (from Ch. 24, par. 6-3-9)
705	705	24 Sec. 6-3-9. Qualifications of mayor, city clerk, city
706	706	25 treasurer and alderpersons - eligibility for other office. No
707	707
708	708
709	709
710	710
711	711
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713	713
714	714
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716	716	HB2824 - 19 - LRB103 29485 DTM 55880 b
717	717	1 person shall be eligible to the office of mayor, city clerk,
718	718	2 city treasurer or alderperson:
719	719	3 (1) Unless he is a qualified elector of the
720	720	4 municipality and has resided therein at least one year
721	721	5 next preceding his election or appointment; or
722	722	6 (2) Unless, in the case of alderpersons, he resides
723	723	7 within the ward for which he is elected; or
724	724	8 (3) If he is in arrears in the payment of any tax or
725	725	9 other indebtedness due to the city; or
726	726	10 (4) If he has been convicted of an offense under
727	727	11 Article 33 of the Criminal Code of 2012 in the preceding 5
728	728	12 years in Illinois state courts or in courts of the United
729	729	13 States of malfeasance in office, bribery, or other
730	730	14 infamous crime.
731	731	15 No alderperson shall be eligible to any office, except
732	732	16 that of acting mayor or mayor pro tem, the salary of which is
733	733	17 payable out of the city treasury, if at the time of his
734	734	18 appointment he is a member of the city council.
735	735	19 (Source: P.A. 102-15, eff. 6-17-21.)
736	736	20 (65 ILCS 5/10-1-1) (from Ch. 24, par. 10-1-1)
737	737	21 Sec. 10-1-1. The mayor of each municipality which adopts
738	738	22 this Division 1 as hereinafter provided shall, not less than
739	739	23 40 nor more than 90 days after the taking effect of this
740	740	24 Division 1 in such municipality, appoint 3 persons, who shall
741	741	25 constitute and be known as the civil service commissioners of
742	742
743	743
744	744
745	745
746	746
747	747	HB2824 - 19 - LRB103 29485 DTM 55880 b
748	748
749	749
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752	752	1 such municipality, one for 3 years, one for 2 years and one for
753	753	2 one year from the time of appointment and until their
754	754	3 respective successors are appointed and qualified. In every
755	755	4 year thereafter the mayor shall, in like manner, appoint one
756	756	5 person as the successor of the commissioner whose term shall
757	757	6 expire in that year to serve as such commissioner for 3 years
758	758	7 and until his successor is appointed and qualified. Two
759	759	8 commissioners shall constitute a quorum. All appointments to
760	760	9 the commission, both original and to fill vacancies, shall be
761	761	10 so made that not more than 2 members shall, at the time of
762	762	11 appointment, be members of the same political party. The
763	763	12 commissioners shall hold no other lucrative office or
764	764	13 employment under the United States, the State of Illinois, or
765	765	14 any municipal corporation or political division thereof. No
766	766	15 person shall be appointed a commissioner who has been
767	767	16 convicted of a felony under the laws of this State or
768	768	17 comparable laws of any other state or the United States. Each
769	769	18 commissioner, before entering upon the duties of his office,
770	770	19 shall take the oath prescribed by the constitution of this
771	771	20 state.
772	772	21 However, in any municipality having the commission form of
773	773	22 municipal government, the appointment of civil service
774	774	23 commissioners shall be made by the corporate authorities, and
775	775	24 the corporate authorities may, by ordinance, provide that 5
776	776	25 commissioners shall be so appointed, one for one year, 2 for 2
777	777	26 years and 2 for 3 years. The corporate authorities shall
778	778
779	779
780	780
781	781
782	782
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784	784
785	785
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787	787	HB2824 - 21 - LRB103 29485 DTM 55880 b
788	788	1 appoint, in a like manner, the successors of the commissioners
789	789	2 whose terms expire in that year to serve as commissioners for 3
790	790	3 years and until their successors are appointed and qualified.
791	791	4 Three members shall constitute a quorum, and no more than 3 of
792	792	5 the commissioners shall be of the same political party. If
793	793	6 such municipality has adopted this Division 1 prior to the
794	794	7 effective date of this amendatory Act of 1965, and
795	795	8 subsequently provides, by ordinance, for 5 commissioners, 2
796	796	9 additional commissioners shall be so appointed, one for 2
797	797	10 years and one for 3 years, and successors shall be appointed in
798	798	11 a like manner as commissions established after such effective
799	799	12 date.
800	800	13 (Source: P.A. 87-423.)
801	801	14 Section 35. The Public Library District Act of 1991 is
802	802	15 amended by changing Section 30-20 as follows:
803	803	16 (75 ILCS 16/30-20)
804	804	17 Sec. 30-20. Nomination of candidates; ballot.
805	805	18 (a) Nomination of candidates for election as trustees
806	806	19 shall be by petition, signed by a number of qualified voters
807	807	20 equivalent to at least 2% of the votes cast at the last
808	808	21 election for library trustees, or 50, whichever is less,
809	809	22 residing within the district, and filed with the secretary of
810	810	23 the district within the time provided by the Election Code. No
811	811	24 party name or affiliation may appear on the petition.
812	812
813	813
814	814
815	815
816	816
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818	818
819	819
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821	821	HB2824 - 22 - LRB103 29485 DTM 55880 b
822	822	1 (b) The names of all candidates for the office of trustee
823	823	2 shall be certified by the secretary to the proper election
824	824	3 authority, who shall conduct the election in accordance with
825	825	4 the Election Code.
826	826	5 (c) The ballot for election of trustees shall not
827	827	6 designate any political party, platform, or political
828	828	7 principle.
829	829	8 (d) A person is not eligible to serve as a library trustee
830	830	9 unless he or she is a qualified elector of the library district
831	831	10 and has resided in the library district at least one year at
832	832	11 the time he or she files nomination papers or a declaration of
833	833	12 intent to become a write-in candidate or is presented for
834	834	13 appointment.
835	835	14 (e) A person is not eligible to serve as a library trustee
836	836	15 who, at the time of his or her appointment or filing of
837	837	16 nomination papers or a declaration of intent to become a
838	838	17 write-in candidate, is in arrears in the payment of a tax or
839	839	18 other indebtedness due to the library district or has been
840	840	19 convicted of an offense under Article 33 of the Criminal Code
841	841	20 of 2012 in the preceding 5 years in any court in the United
842	842	21 States of any infamous crime, bribery, perjury, or other
843	843	22 felony.
844	844	23 (f) The changes made by this amendatory Act of the 100th
845	845	24 General Assembly apply only to candidates by petition or
846	846	25 write-in candidates in the consolidated election of 2019 and
847	847	26 thereafter and to all appointees appointed after the effective
848	848
849	849
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858	858	1 date of this amendatory Act of the 100th General Assembly.
859	859	2 (Source: P.A. 100-746, eff. 8-10-18.)
860	860	3 Section 40. The School Code is amended by changing
861	861	4 Sections 10-3 and 34-2.1 as follows:
862	862	5 (105 ILCS 5/10-3) (from Ch. 122, par. 10-3)
863	863	6 Sec. 10-3. Eligibility of directors. Any person who, on
864	864	7 the date of his or her election, is a citizen of the United
865	865	8 States, of the age of 18 years or over, is a resident of the
866	866	9 State and of the territory of the district for at least one
867	867	10 year immediately preceding his or her election, is a
868	868	11 registered voter as provided in the general election law, is
869	869	12 not a school trustee or a school treasurer, and has not been
870	870	13 convicted of a "sex offense" as set forth in paragraph (2) of
871	871	14 subsection (d) of is not a child sex offender as defined in
872	872	15 Section 11-9.3 of the Criminal Code of 2012 within the
873	873	16 preceding 10 years shall be eligible to the office of school
874	874	17 director.
875	875	18 (Source: P.A. 97-1150, eff. 1-25-13.)
876	876	19 (105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
877	877	20 Sec. 34-2.1. Local school councils; composition; voter
878	878	21 eligibility; elections; terms.
879	879	22 (a) Beginning with the first local school council election
880	880	23 that occurs after December 3, 2021 (the effective date of
881	881
882	882
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891	891	1 Public Act 102-677), a local school council shall be
892	892	2 established for each attendance center within the school
893	893	3 district, including public small schools within the district.
894	894	4 Each local school council shall consist of the following 12
895	895	5 voting members: the principal of the attendance center, 2
896	896	6 teachers employed and assigned to perform the majority of
897	897	7 their employment duties at the attendance center, 6 parents of
898	898	8 students currently enrolled at the attendance center, one
899	899	9 employee of the school district employed and assigned to
900	900	10 perform the majority of his or her employment duties at the
901	901	11 attendance center who is not a teacher, and 2 community
902	902	12 residents. Neither the parents nor the community residents who
903	903	13 serve as members of the local school council shall be
904	904	14 employees of the Board of Education. In each secondary
905	905	15 attendance center, the local school council shall consist of
906	906	16 13 voting members through the 2020-2021 school year, the 12
907	907	17 voting members described above and one full-time student
908	908	18 member, and 15 voting members beginning with the 2021-2022
909	909	19 school year, the 12 voting members described above and 3
910	910	20 full-time student members, appointed as provided in subsection
911	911	21 (m) below. In each attendance center enrolling students in 7th
912	912	22 and 8th grade, one full-time student member shall be appointed
913	913	23 as provided in subsection (m) of this Section. In the event
914	914	24 that the chief executive officer of the Chicago School Reform
915	915	25 Board of Trustees determines that a local school council is
916	916	26 not carrying out its financial duties effectively, the chief
917	917
918	918
919	919
920	920
921	921
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923	923
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927	927	1 executive officer is authorized to appoint a representative of
928	928	2 the business community with experience in finance and
929	929	3 management to serve as an advisor to the local school council
930	930	4 for the purpose of providing advice and assistance to the
931	931	5 local school council on fiscal matters. The advisor shall have
932	932	6 access to relevant financial records of the local school
933	933	7 council. The advisor may attend executive sessions. The chief
934	934	8 executive officer shall issue a written policy defining the
935	935	9 circumstances under which a local school council is not
936	936	10 carrying out its financial duties effectively.
937	937	11 (b) Within 7 days of January 11, 1991, the Mayor shall
938	938	12 appoint the members and officers (a Chairperson who shall be a
939	939	13 parent member and a Secretary) of each local school council
940	940	14 who shall hold their offices until their successors shall be
941	941	15 elected and qualified. Members so appointed shall have all the
942	942	16 powers and duties of local school councils as set forth in
943	943	17 Public Act 86-1477. The Mayor's appointments shall not require
944	944	18 approval by the City Council.
945	945	19 The membership of each local school council shall be
946	946	20 encouraged to be reflective of the racial and ethnic
947	947	21 composition of the student population of the attendance center
948	948	22 served by the local school council.
949	949	23 (c) Beginning with the 1995-1996 school year and in every
950	950	24 even-numbered year thereafter, the Board shall set second
951	951	25 semester Parent Report Card Pick-up Day for Local School
952	952	26 Council elections and may schedule elections at year-round
953	953
954	954
955	955
956	956
957	957
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959	959
960	960
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963	963	1 schools for the same dates as the remainder of the school
964	964	2 system. Elections shall be conducted as provided herein by the
965	965	3 Board of Education in consultation with the local school
966	966	4 council at each attendance center.
967	967	5 (c-5) Notwithstanding subsection (c), for the local school
968	968	6 council election set for the 2019-2020 school year, the Board
969	969	7 may hold the election on the first semester Parent Report Card
970	970	8 Pick-up Day of the 2020-2021 school year, making any necessary
971	971	9 modifications to the election process or date to comply with
972	972	10 guidance from the Department of Public Health and the federal
973	973	11 Centers for Disease Control and Prevention. The terms of
974	974	12 office of all local school council members eligible to serve
975	975	13 and seated on or after March 23, 2020 through January 10, 2021
976	976	14 are extended through January 10, 2021, provided that the
977	977	15 members continue to meet eligibility requirements for local
978	978	16 school council membership.
979	979	17 (d) Beginning with the 1995-96 school year, the following
980	980	18 procedures shall apply to the election of local school council
981	981	19 members at each attendance center:
982	982	20 (i) The elected members of each local school council
983	983	21 shall consist of the 6 parent members and the 2 community
984	984	22 resident members.
985	985	23 (ii) Each elected member shall be elected by the
986	986	24 eligible voters of that attendance center to serve for a
987	987	25 two-year term commencing on July 1 immediately following
988	988	26 the election described in subsection (c), except that the
989	989
990	990
991	991
992	992
993	993
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995	995
996	996
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999	999	1 terms of members elected to a local school council under
1000	1000	2 subsection (c-5) shall commence on January 11, 2021 and
1001	1001	3 end on July 1, 2022. Eligible voters for each attendance
1002	1002	4 center shall consist of the parents and community
1003	1003	5 residents for that attendance center.
1004	1004	6 (iii) Each eligible voter shall be entitled to cast
1005	1005	7 one vote for up to a total of 5 candidates, irrespective of
1006	1006	8 whether such candidates are parent or community resident
1007	1007	9 candidates.
1008	1008	10 (iv) Each parent voter shall be entitled to vote in
1009	1009	11 the local school council election at each attendance
1010	1010	12 center in which he or she has a child currently enrolled.
1011	1011	13 Each community resident voter shall be entitled to vote in
1012	1012	14 the local school council election at each attendance
1013	1013	15 center for which he or she resides in the applicable
1014	1014	16 attendance area or voting district, as the case may be.
1015	1015	17 (v) Each eligible voter shall be entitled to vote
1016	1016	18 once, but not more than once, in the local school council
1017	1017	19 election at each attendance center at which the voter is
1018	1018	20 eligible to vote.
1019	1019	21 (vi) The 2 teacher members and the non-teacher
1020	1020	22 employee member of each local school council shall be
1021	1021	23 appointed as provided in subsection (l) below each to
1022	1022	24 serve for a two-year term coinciding with that of the
1023	1023	25 elected parent and community resident members. From March
1024	1024	26 23, 2020 through January 10, 2021, the chief executive
1025	1025
1026	1026
1027	1027
1028	1028
1029	1029
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1031	1031
1032	1032
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1035	1035	1 officer or his or her designee may make accommodations to
1036	1036	2 fill the vacancy of a teacher or non-teacher employee
1037	1037	3 member of a local school council.
1038	1038	4 (vii) At secondary attendance centers and attendance
1039	1039	5 centers enrolling students in 7th and 8th grade, the
1040	1040	6 voting student members shall be appointed as provided in
1041	1041	7 subsection (m) below to serve for a one-year term
1042	1042	8 coinciding with the beginning of the terms of the elected
1043	1043	9 parent and community members of the local school council.
1044	1044	10 For the 2020-2021 school year, the chief executive officer
1045	1045	11 or his or her designee may make accommodations to fill the
1046	1046	12 vacancy of a student member of a local school council.
1047	1047	13 (e) The Council shall publicize the date and place of the
1048	1048	14 election by posting notices at the attendance center, in
1049	1049	15 public places within the attendance boundaries of the
1050	1050	16 attendance center and by distributing notices to the pupils at
1051	1051	17 the attendance center, and shall utilize such other means as
1052	1052	18 it deems necessary to maximize the involvement of all eligible
1053	1053	19 voters.
1054	1054	20 (f) Nomination. The Council shall publicize the opening of
1055	1055	21 nominations by posting notices at the attendance center, in
1056	1056	22 public places within the attendance boundaries of the
1057	1057	23 attendance center and by distributing notices to the pupils at
1058	1058	24 the attendance center, and shall utilize such other means as
1059	1059	25 it deems necessary to maximize the involvement of all eligible
1060	1060	26 voters. Not less than 2 weeks before the election date,
1061	1061
1062	1062
1063	1063
1064	1064
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1067	1067
1068	1068
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1071	1071	1 persons eligible to run for the Council shall submit their
1072	1072	2 name, date of birth, social security number, if available, and
1073	1073	3 some evidence of eligibility to the Council. The Council shall
1074	1074	4 encourage nomination of candidates reflecting the
1075	1075	5 racial/ethnic population of the students at the attendance
1076	1076	6 center. Each person nominated who runs as a candidate shall
1077	1077	7 disclose, in a manner determined by the Board, any economic
1078	1078	8 interest held by such person, by such person's spouse or
1079	1079	9 children, or by each business entity in which such person has
1080	1080	10 an ownership interest, in any contract with the Board, any
1081	1081	11 local school council or any public school in the school
1082	1082	12 district. Each person nominated who runs as a candidate shall
1083	1083	13 also disclose, in a manner determined by the Board, if he or
1084	1084	14 she ever has been convicted of any of the offenses specified in
1085	1085	15 subsection (c) of Section 34-18.5 within the preceding 5
1086	1086	16 years; provided that neither this provision nor any other
1087	1087	17 provision of this Section shall be deemed to require the
1088	1088	18 disclosure of any information that is contained in any law
1089	1089	19 enforcement record or juvenile court record that is
1090	1090	20 confidential or whose accessibility or disclosure is
1091	1091	21 restricted or prohibited under Section 5-901 or 5-905 of the
1092	1092	22 Juvenile Court Act of 1987. Failure to make such disclosure
1093	1093	23 shall render a person ineligible for election or to serve on
1094	1094	24 the local school council. The same disclosure shall be
1095	1095	25 required of persons under consideration for appointment to the
1096	1096	26 Council pursuant to subsections (l) and (m) of this Section.
1097	1097
1098	1098
1099	1099
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1107	1107	1 (f-5) Notwithstanding disclosure, a person who has been
1108	1108	2 convicted of those offenses defined as a "sex offense" under
1109	1109	3 paragraph 2 of subsection (d) of Section 11-9.3 of the
1110	1110	4 Criminal Code of 2012 any of the following offenses at any time
1111	1111	5 shall be ineligible for election or appointment to a local
1112	1112	6 school council and ineligible for appointment to a local
1113	1113	7 school council pursuant to subsections (l) and (m) of this
1114	1114	8 Section: (i) those defined in Section 11-1.20, 11-1.30,
1115	1115	9 11-1.40, 11-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16,
1116	1116	10 11-17.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3,
1117	1117	11 12-13, 12-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2)
1118	1118	12 of Section 11-14.3, of the Criminal Code of 1961 or the
1119	1119	13 Criminal Code of 2012, or (ii) any offense committed or
1120	1120	14 attempted in any other state or against the laws of the United
1121	1121	15 States, which, if committed or attempted in this State, would
1122	1122	16 have been punishable as one or more of the foregoing offenses.
1123	1123	17 Notwithstanding disclosure, a person who has been convicted of
1124	1124	18 any of the following offenses within the 10 years previous to
1125	1125	19 the date of nomination or appointment shall be ineligible for
1126	1126	20 election or appointment to a local school council: (i) those
1127	1127	21 defined in Section 401.1, 405.1, or 405.2 of the Illinois
1128	1128	22 Controlled Substances Act or (ii) any offense committed or
1129	1129	23 attempted in any other state or against the laws of the United
1130	1130	24 States, which, if committed or attempted in this State, would
1131	1131	25 have been punishable as one or more of the foregoing offenses.
1132	1132	26 Immediately upon election or appointment, incoming local
1133	1133
1134	1134
1135	1135
1136	1136
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1139	1139
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1143	1143	1 school council members shall be required to undergo a criminal
1144	1144	2 background investigation, to be completed prior to the member
1145	1145	3 taking office, in order to identify any criminal convictions
1146	1146	4 under the offenses enumerated in Section 34-18.5. The
1147	1147	5 investigation shall be conducted by the Illinois State Police
1148	1148	6 in the same manner as provided for in Section 34-18.5.
1149	1149	7 However, notwithstanding Section 34-18.5, the social security
1150	1150	8 number shall be provided only if available. If it is
1151	1151	9 determined at any time that a local school council member or
1152	1152	10 member-elect has been convicted of any of the offenses
1153	1153	11 enumerated in this Section in the preceding 10 years or failed
1154	1154	12 to disclose a conviction in the preceding 5 years of any of the
1155	1155	13 offenses enumerated in Section 34-18.5, the general
1156	1156	14 superintendent shall notify the local school council member or
1157	1157	15 member-elect of such determination and the local school
1158	1158	16 council member or member-elect shall be removed from the local
1159	1159	17 school council by the Board, subject to a hearing, convened
1160	1160	18 pursuant to Board rule, prior to removal.
1161	1161	19 (g) At least one week before the election date, the
1162	1162	20 Council shall publicize, in the manner provided in subsection
1163	1163	21 (e), the names of persons nominated for election.
1164	1164	22 (h) Voting shall be in person by secret ballot at the
1165	1165	23 attendance center between the hours of 6:00 a.m. and 7:00 p.m.
1166	1166	24 (i) Candidates receiving the highest number of votes shall
1167	1167	25 be declared elected by the Council. In cases of a tie, the
1168	1168	26 Council shall determine the winner by lottery.
1169	1169
1170	1170
1171	1171
1172	1172
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1175	1175
1176	1176
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1179	1179	1 (j) The Council shall certify the results of the election
1180	1180	2 and shall publish the results in the minutes of the Council.
1181	1181	3 (k) The general superintendent shall resolve any disputes
1182	1182	4 concerning election procedure or results and shall ensure
1183	1183	5 that, except as provided in subsections (e) and (g), no
1184	1184	6 resources of any attendance center shall be used to endorse or
1185	1185	7 promote any candidate.
1186	1186	8 (l) Beginning with the first local school council election
1187	1187	9 that occurs after December 3, 2021 (the effective date of
1188	1188	10 Public Act 102-677), in every even numbered year, the Board
1189	1189	11 shall appoint 2 teacher members to each local school council.
1190	1190	12 These appointments shall be made in the following manner:
1191	1191	13 (i) The Board shall appoint 2 teachers who are
1192	1192	14 employed and assigned to perform the majority of their
1193	1193	15 employment duties at the attendance center to serve on the
1194	1194	16 local school council of the attendance center for a
1195	1195	17 two-year term coinciding with the terms of the elected
1196	1196	18 parent and community members of that local school council.
1197	1197	19 These appointments shall be made from among those teachers
1198	1198	20 who are nominated in accordance with subsection (f).
1199	1199	21 (ii) A non-binding, advisory poll to ascertain the
1200	1200	22 preferences of the school staff regarding appointments of
1201	1201	23 teachers to the local school council for that attendance
1202	1202	24 center shall be conducted in accordance with the
1203	1203	25 procedures used to elect parent and community Council
1204	1204	26 representatives. At such poll, each member of the school
1205	1205
1206	1206
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1211	1211
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1215	1215	1 staff shall be entitled to indicate his or her preference
1216	1216	2 for up to 2 candidates from among those who submitted
1217	1217	3 statements of candidacy as described above. These
1218	1218	4 preferences shall be advisory only and the Board shall
1219	1219	5 maintain absolute discretion to appoint teacher members to
1220	1220	6 local school councils, irrespective of the preferences
1221	1221	7 expressed in any such poll. Prior to the appointment of
1222	1222	8 staff members to local school councils, the Board shall
1223	1223	9 make public the vetting process of staff member
1224	1224	10 candidates. Any staff member seeking candidacy shall be
1225	1225	11 allowed to make an inquiry to the Board to determine if the
1226	1226	12 Board may deny the appointment of the staff member. An
1227	1227	13 inquiry made to the Board shall be made in writing in
1228	1228	14 accordance with Board procedure.
1229	1229	15 (iii) In the event that a teacher representative is
1230	1230	16 unable to perform his or her employment duties at the
1231	1231	17 school due to illness, disability, leave of absence,
1232	1232	18 disciplinary action, or any other reason, the Board shall
1233	1233	19 declare a temporary vacancy and appoint a replacement
1234	1234	20 teacher representative to serve on the local school
1235	1235	21 council until such time as the teacher member originally
1236	1236	22 appointed pursuant to this subsection (l) resumes service
1237	1237	23 at the attendance center or for the remainder of the term.
1238	1238	24 The replacement teacher representative shall be appointed
1239	1239	25 in the same manner and by the same procedures as teacher
1240	1240	26 representatives are appointed in subdivisions (i) and (ii)
1241	1241
1242	1242
1243	1243
1244	1244
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1247	1247
1248	1248
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1251	1251	1 of this subsection (l).
1252	1252	2 (m) Beginning with the 1995-1996 school year through the
1253	1253	3 2020-2021 school year, the Board shall appoint one student
1254	1254	4 member to each secondary attendance center. Beginning with the
1255	1255	5 2021-2022 school year and for every school year thereafter,
1256	1256	6 the Board shall appoint 3 student members to the local school
1257	1257	7 council of each secondary attendance center and one student
1258	1258	8 member to the local school council of each attendance center
1259	1259	9 enrolling students in 7th and 8th grade. Students enrolled in
1260	1260	10 grade 6 or above are eligible to be candidates for a local
1261	1261	11 school council. No attendance center enrolling students in 7th
1262	1262	12 and 8th grade may have more than one student member, unless the
1263	1263	13 attendance center enrolls students in grades 7 through 12, in
1264	1264	14 which case the attendance center may have a total of 3 student
1265	1265	15 members on the local school council. The Board may establish
1266	1266	16 criteria for students to be considered eligible to serve as a
1267	1267	17 student member. These appointments shall be made in the
1268	1268	18 following manner:
1269	1269	19 (i) Appointments shall be made from among those
1270	1270	20 students who submit statements of candidacy to the
1271	1271	21 principal of the attendance center, such statements to be
1272	1272	22 submitted commencing on the first day of the twentieth
1273	1273	23 week of school and continuing for 2 weeks thereafter. The
1274	1274	24 form and manner of such candidacy statements shall be
1275	1275	25 determined by the Board.
1276	1276	26 (ii) During the twenty-second week of school in every
1277	1277
1278	1278
1279	1279
1280	1280
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1283	1283
1284	1284
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1286	1286	HB2824 - 35 - LRB103 29485 DTM 55880 b
1287	1287	1 year, the principal of each attendance center shall
1288	1288	2 conduct a binding election to ascertain the preferences of
1289	1289	3 the school students regarding the appointment of students
1290	1290	4 to the local school council for that attendance center. At
1291	1291	5 such election, each student shall be entitled to indicate
1292	1292	6 his or her preference for up to one candidate from among
1293	1293	7 those who submitted statements of candidacy as described
1294	1294	8 above. The Board shall promulgate rules to ensure that
1295	1295	9 these elections are conducted in a fair and equitable
1296	1296	10 manner and maximize the involvement of all school
1297	1297	11 students. In the case of a tie vote, the local school
1298	1298	12 council shall determine the winner by lottery. The
1299	1299	13 preferences expressed in these elections shall be
1300	1300	14 transmitted by the principal to the Board. These
1301	1301	15 preferences shall be binding on the Board.
1302	1302	16 (iii) (Blank).
1303	1303	17 (n) The Board may promulgate such other rules and
1304	1304	18 regulations for election procedures as may be deemed necessary
1305	1305	19 to ensure fair elections.
1306	1306	20 (o) In the event that a vacancy occurs during a member's
1307	1307	21 term, the Council shall appoint a person eligible to serve on
1308	1308	22 the Council to fill the unexpired term created by the vacancy,
1309	1309	23 except that any teacher or non-teacher staff vacancy shall be
1310	1310	24 filled by the Board after considering the preferences of the
1311	1311	25 school staff as ascertained through a non-binding advisory
1312	1312	26 poll of school staff. In the case of a student vacancy, the
1313	1313
1314	1314
1315	1315
1316	1316
1317	1317
1318	1318	HB2824 - 35 - LRB103 29485 DTM 55880 b
1319	1319
1320	1320
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1322	1322	HB2824 - 36 - LRB103 29485 DTM 55880 b
1323	1323	1 vacancy shall be filled by the preferences of an election poll
1324	1324	2 of students.
1325	1325	3 (p) If less than the specified number of persons is
1326	1326	4 elected within each candidate category, the newly elected
1327	1327	5 local school council shall appoint eligible persons to serve
1328	1328	6 as members of the Council for 2-year terms, as provided in
1329	1329	7 subsection (c-5) of Section 34-2.2 of this Code.
1330	1330	8 (q) The Board shall promulgate rules regarding conflicts
1331	1331	9 of interest and disclosure of economic interests which shall
1332	1332	10 apply to local school council members and which shall require
1333	1333	11 reports or statements to be filed by Council members at
1334	1334	12 regular intervals with the Secretary of the Board. Failure to
1335	1335	13 comply with such rules or intentionally falsifying such
1336	1336	14 reports shall be grounds for disqualification from local
1337	1337	15 school council membership. A vacancy on the Council for
1338	1338	16 disqualification may be so declared by the Secretary of the
1339	1339	17 Board. Rules regarding conflicts of interest and disclosure of
1340	1340	18 economic interests promulgated by the Board shall apply to
1341	1341	19 local school council members. No less than 45 days prior to the
1342	1342	20 deadline, the general superintendent shall provide notice, by
1343	1343	21 mail, to each local school council member of all requirements
1344	1344	22 and forms for compliance with economic interest statements.
1345	1345	23 (r) (1) If a parent member of a local school council ceases
1346	1346	24 to have any child enrolled in the attendance center governed
1347	1347	25 by the Local School Council due to the graduation or voluntary
1348	1348	26 transfer of a child or children from the attendance center,
1349	1349
1350	1350
1351	1351
1352	1352
1353	1353
1354	1354	HB2824 - 36 - LRB103 29485 DTM 55880 b
1355	1355
1356	1356
1357	1357	HB2824- 37 -LRB103 29485 DTM 55880 b HB2824 - 37 - LRB103 29485 DTM 55880 b
1358	1358	HB2824 - 37 - LRB103 29485 DTM 55880 b
1359	1359	1 the parent's membership on the Local School Council and all
1360	1360	2 voting rights are terminated immediately as of the date of the
1361	1361	3 child's graduation or voluntary transfer. If the child of a
1362	1362	4 parent member of a local school council dies during the
1363	1363	5 member's term in office, the member may continue to serve on
1364	1364	6 the local school council for the balance of his or her term.
1365	1365	7 Further, a local school council member may be removed from the
1366	1366	8 Council by a majority vote of the Council as provided in
1367	1367	9 subsection (c) of Section 34-2.2 if the Council member has
1368	1368	10 missed 3 consecutive regular meetings, not including committee
1369	1369	11 meetings, or 5 regular meetings in a 12-month period, not
1370	1370	12 including committee meetings. If a parent member of a local
1371	1371	13 school council ceases to be eligible to serve on the Council
1372	1372	14 for any other reason, he or she shall be removed by the Board
1373	1373	15 subject to a hearing, convened pursuant to Board rule, prior
1374	1374	16 to removal. A vote to remove a Council member by the local
1375	1375	17 school council shall only be valid if the Council member has
1376	1376	18 been notified personally or by certified mail, mailed to the
1377	1377	19 person's last known address, of the Council's intent to vote
1378	1378	20 on the Council member's removal at least 7 days prior to the
1379	1379	21 vote. The Council member in question shall have the right to
1380	1380	22 explain his or her actions and shall be eligible to vote on the
1381	1381	23 question of his or her removal from the Council. The
1382	1382	24 provisions of this subsection shall be contained within the
1383	1383	25 petitions used to nominate Council candidates.
1384	1384	26 (2) A person may continue to serve as a community resident
1385	1385
1386	1386
1387	1387
1388	1388
1389	1389
1390	1390	HB2824 - 37 - LRB103 29485 DTM 55880 b
1391	1391
1392	1392
1393	1393	HB2824- 38 -LRB103 29485 DTM 55880 b HB2824 - 38 - LRB103 29485 DTM 55880 b
1394	1394	HB2824 - 38 - LRB103 29485 DTM 55880 b
1395	1395	1 member of a local school council as long as he or she resides
1396	1396	2 in the attendance area served by the school and is not employed
1397	1397	3 by the Board nor is a parent of a student enrolled at the
1398	1398	4 school. If a community resident member ceases to be eligible
1399	1399	5 to serve on the Council, he or she shall be removed by the
1400	1400	6 Board subject to a hearing, convened pursuant to Board rule,
1401	1401	7 prior to removal.
1402	1402	8 (3) A person may continue to serve as a staff member of a
1403	1403	9 local school council as long as he or she is employed and
1404	1404	10 assigned to perform a majority of his or her duties at the
1405	1405	11 school, provided that if the staff representative resigns from
1406	1406	12 employment with the Board or voluntarily transfers to another
1407	1407	13 school, the staff member's membership on the local school
1408	1408	14 council and all voting rights are terminated immediately as of
1409	1409	15 the date of the staff member's resignation or upon the date of
1410	1410	16 the staff member's voluntary transfer to another school. If a
1411	1411	17 staff member of a local school council ceases to be eligible to
1412	1412	18 serve on a local school council for any other reason, that
1413	1413	19 member shall be removed by the Board subject to a hearing,
1414	1414	20 convened pursuant to Board rule, prior to removal.
1415	1415	21 (s) As used in this Section only, "community resident"
1416	1416	22 means a person, 17 years of age or older, residing within an
1417	1417	23 attendance area served by a school, excluding any person who
1418	1418	24 is a parent of a student enrolled in that school; provided that
1419	1419	25 with respect to any multi-area school, community resident
1420	1420	26 means any person, 17 years of age or older, residing within the
1421	1421
1422	1422
1423	1423
1424	1424
1425	1425
1426	1426	HB2824 - 38 - LRB103 29485 DTM 55880 b
1427	1427
1428	1428
1429	1429	HB2824- 39 -LRB103 29485 DTM 55880 b HB2824 - 39 - LRB103 29485 DTM 55880 b
1430	1430	HB2824 - 39 - LRB103 29485 DTM 55880 b
1431	1431	1 voting district established for that school pursuant to
1432	1432	2 Section 34-2.1c, excluding any person who is a parent of a
1433	1433	3 student enrolled in that school. This definition does not
1434	1434	4 apply to any provisions concerning school boards.
1435	1435	5 (Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21;
1436	1436	6 102-538, eff. 8-20-21; 102-677, eff. 12-3-21; 102-813, eff.
1437	1437	7 5-13-22.)
1438	1438	8 Section 45. The Home Medical Equipment and Services
1439	1439	9 Provider License Act is amended by changing Section 25 as
1440	1440	10 follows:
1441	1441	11 (225 ILCS 51/25)
1442	1442	12 (Section scheduled to be repealed on January 1, 2028)
1443	1443	13 Sec. 25. Home Medical Equipment and Services Board. The
1444	1444	14 Secretary shall appoint a Home Medical Equipment and Services
1445	1445	15 Board, in consultation with a state association representing
1446	1446	16 the home medical equipment and services industry, to serve in
1447	1447	17 an advisory capacity to the Secretary. The Board shall consist
1448	1448	18 of 7 members. Four members shall be home medical equipment and
1449	1449	19 services provider representatives, at least one of whom shall
1450	1450	20 be a pharmacy-based provider. The 3 remaining members shall
1451	1451	21 include one home care clinical specialist, one respiratory
1452	1452	22 care practitioner, and one public member. The public member
1453	1453	23 shall not be engaged in any way, directly or indirectly, as a
1454	1454	24 provider of health care.
1455	1455
1456	1456
1457	1457
1458	1458
1459	1459
1460	1460	HB2824 - 39 - LRB103 29485 DTM 55880 b
1461	1461
1462	1462
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1464	1464	HB2824 - 40 - LRB103 29485 DTM 55880 b
1465	1465	1 Members shall serve 4-year terms and until their
1466	1466	2 successors are appointed and qualified. No member shall be
1467	1467	3 reappointed to the Board for a term that would cause
1468	1468	4 continuous service on the Board to exceed 8 years.
1469	1469	5 Appointments to fill vacancies shall be made in the same
1470	1470	6 manner as original appointments, for the unexpired portion of
1471	1471	7 the vacated term.
1472	1472	8 The home medical equipment and services provider
1473	1473	9 representatives appointed to the Board shall have engaged in
1474	1474	10 the provision of home medical equipment and services or
1475	1475	11 related home care services for at least 3 years prior to their
1476	1476	12 appointment, shall be currently engaged in providing home
1477	1477	13 medical equipment and services in the State of Illinois.
1478	1478	14 Prospective appointees shall disclose to the Secretary any ,
1479	1479	15 and must have no record of convictions directly related to
1480	1480	16 home medical equipment and services or related home care
1481	1481	17 services within the preceding 5 years fraud or abuse under
1482	1482	18 either State or federal law.
1483	1483	19 The membership of the Board should reasonably reflect
1484	1484	20 representation from the geographic areas in this State.
1485	1485	21 The Board shall annually elect one of its members as
1486	1486	22 chairperson and vice chairperson.
1487	1487	23 Each Board member shall be paid his or her necessary
1488	1488	24 expenses while engaged in the performance of his or her
1489	1489	25 duties.
1490	1490	26 The Secretary may terminate the appointment of any member
1491	1491
1492	1492
1493	1493
1494	1494
1495	1495
1496	1496	HB2824 - 40 - LRB103 29485 DTM 55880 b
1497	1497
1498	1498
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1500	1500	HB2824 - 41 - LRB103 29485 DTM 55880 b
1501	1501	1 for cause which in the opinion of the Secretary reasonably
1502	1502	2 justifies the termination. The Secretary shall be the sole
1503	1503	3 arbiter of whether the cause reasonably justifies termination.
1504	1504	4 Members of the Board shall be immune from suit in an action
1505	1505	5 based upon any disciplinary proceedings or other activities
1506	1506	6 performed in good faith as members of the Board.
1507	1507	7 A majority of Board members currently appointed shall
1508	1508	8 constitute a quorum. A vacancy in the membership of the Board
1509	1509	9 shall not impair the rights of a quorum to exercise the rights
1510	1510	10 and perform all of the duties of the Board.
1511	1511	11 (Source: P.A. 100-525, eff. 9-22-17.)
1512	1512	12 Section 50. The Illinois Horse Racing Act of 1975 is
1513	1513	13 amended by changing Section 6 as follows:
1514	1514	14 (230 ILCS 5/6) (from Ch. 8, par. 37-6)
1515	1515	15 Sec. 6. Restrictions on Board members.
1516	1516	16 (a) No person shall be appointed a member of the Board or
1517	1517	17 continue to be a member of the Board if the person or any
1518	1518	18 member of their immediate family is a member of the Board of
1519	1519	19 Directors, employee, or financially interested in any of the
1520	1520	20 following: (i) any licensee or other person who has applied
1521	1521	21 for racing dates to the Board, or the operations thereof
1522	1522	22 including, but not limited to, concessions, data processing,
1523	1523	23 track maintenance, track security, and pari-mutuel operations,
1524	1524	24 located, scheduled or doing business within the State of
1525	1525
1526	1526
1527	1527
1528	1528
1529	1529
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1531	1531
1532	1532
1533	1533	HB2824- 42 -LRB103 29485 DTM 55880 b HB2824 - 42 - LRB103 29485 DTM 55880 b
1534	1534	HB2824 - 42 - LRB103 29485 DTM 55880 b
1535	1535	1 Illinois, (ii) any race horse competing at a meeting under the
1536	1536	2 Board's jurisdiction, or (iii) any licensee under the Illinois
1537	1537	3 Gambling Act.
1538	1538	4 (b) No person shall be a member of the Board who is not of
1539	1539	5 good moral character or who has been convicted of, or is under
1540	1540	6 indictment for, a felony under the laws of Illinois or any
1541	1541	7 other state, or the United States.
1542	1542	8 (c) No member of the Board or employee shall engage in any
1543	1543	9 political activity.
1544	1544	10 For the purposes of this subsection (c):
1545	1545	11 "Political" means any activity in support of or in
1546	1546	12 connection with any campaign for State or local elective
1547	1547	13 office or any political organization, but does not include
1548	1548	14 activities (i) relating to the support or opposition of any
1549	1549	15 executive, legislative, or administrative action (as those
1550	1550	16 terms are defined in Section 2 of the Lobbyist Registration
1551	1551	17 Act), (ii) relating to collective bargaining, or (iii) that
1552	1552	18 are otherwise in furtherance of the person's official State
1553	1553	19 duties or governmental and public service functions.
1554	1554	20 "Political organization" means a party, committee,
1555	1555	21 association, fund, or other organization (whether or not
1556	1556	22 incorporated) that is required to file a statement of
1557	1557	23 organization with the State Board of Elections or county clerk
1558	1558	24 under Section 9-3 of the Election Code, but only with regard to
1559	1559	25 those activities that require filing with the State Board of
1560	1560	26 Elections or county clerk.
1561	1561
1562	1562
1563	1563
1564	1564
1565	1565
1566	1566	HB2824 - 42 - LRB103 29485 DTM 55880 b
1567	1567
1568	1568
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1570	1570	HB2824 - 43 - LRB103 29485 DTM 55880 b
1571	1571	1 (d) Board members and employees may not engage in
1572	1572	2 communications or any activity that may cause or have the
1573	1573	3 appearance of causing a conflict of interest. A conflict of
1574	1574	4 interest exists if a situation influences or creates the
1575	1575	5 appearance that it may influence judgment or performance of
1576	1576	6 regulatory duties and responsibilities. This prohibition shall
1577	1577	7 extend to any act identified by Board action that, in the
1578	1578	8 judgment of the Board, could represent the potential for or
1579	1579	9 the appearance of a conflict of interest.
1580	1580	10 (e) Board members and employees may not accept any gift,
1581	1581	11 gratuity, service, compensation, travel, lodging, or thing of
1582	1582	12 value, with the exception of unsolicited items of an
1583	1583	13 incidental nature, from any person, corporation, limited
1584	1584	14 liability company, or entity doing business with the Board.
1585	1585	15 (f) A Board member or employee shall not use or attempt to
1586	1586	16 use his or her official position to secure, or attempt to
1587	1587	17 secure, any privilege, advantage, favor, or influence for
1588	1588	18 himself or herself or others. No Board member or employee,
1589	1589	19 within a period of one year immediately preceding nomination
1590	1590	20 by the Governor or employment, shall have been employed or
1591	1591	21 received compensation or fees for services from a person or
1592	1592	22 entity, or its parent or affiliate, that has engaged in
1593	1593	23 business with the Board, a licensee or a licensee under the
1594	1594	24 Illinois Gambling Act. In addition, all Board members and
1595	1595	25 employees are subject to the restrictions set forth in Section
1596	1596	26 5-45 of the State Officials and Employees Ethics Act.
1597	1597
1598	1598
1599	1599
1600	1600
1601	1601
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1603	1603
1604	1604
1605	1605	HB2824- 44 -LRB103 29485 DTM 55880 b HB2824 - 44 - LRB103 29485 DTM 55880 b
1606	1606	HB2824 - 44 - LRB103 29485 DTM 55880 b
1607	1607	1 (Source: P.A. 101-31, eff. 6-28-19.)
1608	1608	2 Section 55. The Illinois Gambling Act is amended by
1609	1609	3 changing Section 5 as follows:
1610	1610	4 (230 ILCS 10/5) (from Ch. 120, par. 2405)
1611	1611	5 Sec. 5. Gaming Board.
1612	1612	6 (a) (1) There is hereby established the Illinois Gaming
1613	1613	7 Board, which shall have the powers and duties specified in
1614	1614	8 this Act, and all other powers necessary and proper to fully
1615	1615	9 and effectively execute this Act for the purpose of
1616	1616	10 administering, regulating, and enforcing the system of
1617	1617	11 riverboat and casino gambling established by this Act and
1618	1618	12 gaming pursuant to an organization gaming license issued under
1619	1619	13 this Act. Its jurisdiction shall extend under this Act to
1620	1620	14 every person, association, corporation, partnership and trust
1621	1621	15 involved in riverboat and casino gambling operations and
1622	1622	16 gaming pursuant to an organization gaming license issued under
1623	1623	17 this Act in the State of Illinois.
1624	1624	18 (2) The Board shall consist of 5 members to be appointed by
1625	1625	19 the Governor with the advice and consent of the Senate, one of
1626	1626	20 whom shall be designated by the Governor to be chairperson.
1627	1627	21 Each member shall have a reasonable knowledge of the practice,
1628	1628	22 procedure and principles of gambling operations. Each member
1629	1629	23 shall either be a resident of Illinois or shall certify that he
1630	1630	24 or she will become a resident of Illinois before taking
1631	1631
1632	1632
1633	1633
1634	1634
1635	1635
1636	1636	HB2824 - 44 - LRB103 29485 DTM 55880 b
1637	1637
1638	1638
1639	1639	HB2824- 45 -LRB103 29485 DTM 55880 b HB2824 - 45 - LRB103 29485 DTM 55880 b
1640	1640	HB2824 - 45 - LRB103 29485 DTM 55880 b
1641	1641	1 office.
1642	1642	2 On and after the effective date of this amendatory Act of
1643	1643	3 the 101st General Assembly, new appointees to the Board must
1644	1644	4 include the following:
1645	1645	5 (A) One member who has received, at a minimum, a
1646	1646	6 bachelor's degree from an accredited school and at least
1647	1647	7 10 years of verifiable experience in the fields of
1648	1648	8 investigation and law enforcement.
1649	1649	9 (B) One member who is a certified public accountant
1650	1650	10 with experience in auditing and with knowledge of complex
1651	1651	11 corporate structures and transactions.
1652	1652	12 (C) One member who has 5 years' experience as a
1653	1653	13 principal, senior officer, or director of a company or
1654	1654	14 business with either material responsibility for the daily
1655	1655	15 operations and management of the overall company or
1656	1656	16 business or material responsibility for the policy making
1657	1657	17 of the company or business.
1658	1658	18 (D) One member who is an attorney licensed to practice
1659	1659	19 law in Illinois for at least 5 years.
1660	1660	20 Notwithstanding any provision of this subsection (a), the
1661	1661	21 requirements of subparagraphs (A) through (D) of this
1662	1662	22 paragraph (2) shall not apply to any person reappointed
1663	1663	23 pursuant to paragraph (3).
1664	1664	24 No more than 3 members of the Board may be from the same
1665	1665	25 political party. No Board member shall, within a period of one
1666	1666	26 year immediately preceding nomination, have been employed or
1667	1667
1668	1668
1669	1669
1670	1670
1671	1671
1672	1672	HB2824 - 45 - LRB103 29485 DTM 55880 b
1673	1673
1674	1674
1675	1675	HB2824- 46 -LRB103 29485 DTM 55880 b HB2824 - 46 - LRB103 29485 DTM 55880 b
1676	1676	HB2824 - 46 - LRB103 29485 DTM 55880 b
1677	1677	1 received compensation or fees for services from a person or
1678	1678	2 entity, or its parent or affiliate, that has engaged in
1679	1679	3 business with the Board, a licensee, or a licensee under the
1680	1680	4 Illinois Horse Racing Act of 1975. Board members must publicly
1681	1681	5 disclose all prior affiliations with gaming interests,
1682	1682	6 including any compensation, fees, bonuses, salaries, and other
1683	1683	7 reimbursement received from a person or entity, or its parent
1684	1684	8 or affiliate, that has engaged in business with the Board, a
1685	1685	9 licensee, or a licensee under the Illinois Horse Racing Act of
1686	1686	10 1975. This disclosure must be made within 30 days after
1687	1687	11 nomination but prior to confirmation by the Senate and must be
1688	1688	12 made available to the members of the Senate.
1689	1689	13 (3) The terms of office of the Board members shall be 3
1690	1690	14 years, except that the terms of office of the initial Board
1691	1691	15 members appointed pursuant to this Act will commence from the
1692	1692	16 effective date of this Act and run as follows: one for a term
1693	1693	17 ending July 1, 1991, 2 for a term ending July 1, 1992, and 2
1694	1694	18 for a term ending July 1, 1993. Upon the expiration of the
1695	1695	19 foregoing terms, the successors of such members shall serve a
1696	1696	20 term for 3 years and until their successors are appointed and
1697	1697	21 qualified for like terms. Vacancies in the Board shall be
1698	1698	22 filled for the unexpired term in like manner as original
1699	1699	23 appointments. Each member of the Board shall be eligible for
1700	1700	24 reappointment at the discretion of the Governor with the
1701	1701	25 advice and consent of the Senate.
1702	1702	26 (4) Each member of the Board shall receive $300 for each
1703	1703
1704	1704
1705	1705
1706	1706
1707	1707
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1709	1709
1710	1710
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1712	1712	HB2824 - 47 - LRB103 29485 DTM 55880 b
1713	1713	1 day the Board meets and for each day the member conducts any
1714	1714	2 hearing pursuant to this Act. Each member of the Board shall
1715	1715	3 also be reimbursed for all actual and necessary expenses and
1716	1716	4 disbursements incurred in the execution of official duties.
1717	1717	5 (5) No person shall be appointed a member of the Board or
1718	1718	6 continue to be a member of the Board who is, or whose spouse,
1719	1719	7 child or parent is, a member of the board of directors of, or a
1720	1720	8 person financially interested in, any gambling operation
1721	1721	9 subject to the jurisdiction of this Board, or any race track,
1722	1722	10 race meeting, racing association or the operations thereof
1723	1723	11 subject to the jurisdiction of the Illinois Racing Board. No
1724	1724	12 Board member shall hold any other public office. No person
1725	1725	13 shall be a member of the Board who is not of good moral
1726	1726	14 character or who has been convicted of, or is under indictment
1727	1727	15 for, a felony under the laws of Illinois or any other state, or
1728	1728	16 the United States.
1729	1729	17 (5.5) No member of the Board shall engage in any political
1730	1730	18 activity. For the purposes of this Section, "political" means
1731	1731	19 any activity in support of or in connection with any campaign
1732	1732	20 for federal, State, or local elective office or any political
1733	1733	21 organization, but does not include activities (i) relating to
1734	1734	22 the support or opposition of any executive, legislative, or
1735	1735	23 administrative action (as those terms are defined in Section 2
1736	1736	24 of the Lobbyist Registration Act), (ii) relating to collective
1737	1737	25 bargaining, or (iii) that are otherwise in furtherance of the
1738	1738	26 person's official State duties or governmental and public
1739	1739
1740	1740
1741	1741
1742	1742
1743	1743
1744	1744	HB2824 - 47 - LRB103 29485 DTM 55880 b
1745	1745
1746	1746
1747	1747	HB2824- 48 -LRB103 29485 DTM 55880 b HB2824 - 48 - LRB103 29485 DTM 55880 b
1748	1748	HB2824 - 48 - LRB103 29485 DTM 55880 b
1749	1749	1 service functions.
1750	1750	2 (6) Any member of the Board may be removed by the Governor
1751	1751	3 for neglect of duty, misfeasance, malfeasance, or nonfeasance
1752	1752	4 in office or for engaging in any political activity.
1753	1753	5 (7) Before entering upon the discharge of the duties of
1754	1754	6 his office, each member of the Board shall take an oath that he
1755	1755	7 will faithfully execute the duties of his office according to
1756	1756	8 the laws of the State and the rules and regulations adopted
1757	1757	9 therewith and shall give bond to the State of Illinois,
1758	1758	10 approved by the Governor, in the sum of $25,000. Every such
1759	1759	11 bond, when duly executed and approved, shall be recorded in
1760	1760	12 the office of the Secretary of State. Whenever the Governor
1761	1761	13 determines that the bond of any member of the Board has become
1762	1762	14 or is likely to become invalid or insufficient, he shall
1763	1763	15 require such member forthwith to renew his bond, which is to be
1764	1764	16 approved by the Governor. Any member of the Board who fails to
1765	1765	17 take oath and give bond within 30 days from the date of his
1766	1766	18 appointment, or who fails to renew his bond within 30 days
1767	1767	19 after it is demanded by the Governor, shall be guilty of
1768	1768	20 neglect of duty and may be removed by the Governor. The cost of
1769	1769	21 any bond given by any member of the Board under this Section
1770	1770	22 shall be taken to be a part of the necessary expenses of the
1771	1771	23 Board.
1772	1772	24 (7.5) For the examination of all mechanical,
1773	1773	25 electromechanical, or electronic table games, slot machines,
1774	1774	26 slot accounting systems, sports wagering systems, and other
1775	1775
1776	1776
1777	1777
1778	1778
1779	1779
1780	1780	HB2824 - 48 - LRB103 29485 DTM 55880 b
1781	1781
1782	1782
1783	1783	HB2824- 49 -LRB103 29485 DTM 55880 b HB2824 - 49 - LRB103 29485 DTM 55880 b
1784	1784	HB2824 - 49 - LRB103 29485 DTM 55880 b
1785	1785	1 electronic gaming equipment, and the field inspection of such
1786	1786	2 systems, games, and machines, for compliance with this Act,
1787	1787	3 the Board shall utilize the services of independent outside
1788	1788	4 testing laboratories that have been accredited in accordance
1789	1789	5 with ISO/IEC 17025 by an accreditation body that is a
1790	1790	6 signatory to the International Laboratory Accreditation
1791	1791	7 Cooperation Mutual Recognition Agreement signifying they are
1792	1792	8 qualified to perform such examinations. Notwithstanding any
1793	1793	9 law to the contrary, the Board shall consider the licensing of
1794	1794	10 independent outside testing laboratory applicants in
1795	1795	11 accordance with procedures established by the Board by rule.
1796	1796	12 The Board shall not withhold its approval of an independent
1797	1797	13 outside testing laboratory license applicant that has been
1798	1798	14 accredited as required under this paragraph (7.5) and is
1799	1799	15 licensed in gaming jurisdictions comparable to Illinois. Upon
1800	1800	16 the finalization of required rules, the Board shall license
1801	1801	17 independent testing laboratories and accept the test reports
1802	1802	18 of any licensed testing laboratory of the system's, game's, or
1803	1803	19 machine manufacturer's choice, notwithstanding the existence
1804	1804	20 of contracts between the Board and any independent testing
1805	1805	21 laboratory.
1806	1806	22 (8) The Board shall employ such personnel as may be
1807	1807	23 necessary to carry out its functions and shall determine the
1808	1808	24 salaries of all personnel, except those personnel whose
1809	1809	25 salaries are determined under the terms of a collective
1810	1810	26 bargaining agreement. No person shall be employed to serve the
1811	1811
1812	1812
1813	1813
1814	1814
1815	1815
1816	1816	HB2824 - 49 - LRB103 29485 DTM 55880 b
1817	1817
1818	1818
1819	1819	HB2824- 50 -LRB103 29485 DTM 55880 b HB2824 - 50 - LRB103 29485 DTM 55880 b
1820	1820	HB2824 - 50 - LRB103 29485 DTM 55880 b
1821	1821	1 Board who is, or whose spouse, parent or child is, an official
1822	1822	2 of, or has a financial interest in or financial relation with,
1823	1823	3 any operator engaged in gambling operations within this State
1824	1824	4 or any organization engaged in conducting horse racing within
1825	1825	5 this State. For the one year immediately preceding employment,
1826	1826	6 an employee shall not have been employed or received
1827	1827	7 compensation or fees for services from a person or entity, or
1828	1828	8 its parent or affiliate, that has engaged in business with the
1829	1829	9 Board, a licensee, or a licensee under the Illinois Horse
1830	1830	10 Racing Act of 1975. Any employee violating these prohibitions
1831	1831	11 shall be subject to termination of employment.
1832	1832	12 (9) An Administrator shall perform any and all duties that
1833	1833	13 the Board shall assign him. The salary of the Administrator
1834	1834	14 shall be determined by the Board and, in addition, he shall be
1835	1835	15 reimbursed for all actual and necessary expenses incurred by
1836	1836	16 him in discharge of his official duties. The Administrator
1837	1837	17 shall keep records of all proceedings of the Board and shall
1838	1838	18 preserve all records, books, documents and other papers
1839	1839	19 belonging to the Board or entrusted to its care. The
1840	1840	20 Administrator shall devote his full time to the duties of the
1841	1841	21 office and shall not hold any other office or employment.
1842	1842	22 (b) The Board shall have general responsibility for the
1843	1843	23 implementation of this Act. Its duties include, without
1844	1844	24 limitation, the following:
1845	1845	25 (1) To decide promptly and in reasonable order all
1846	1846	26 license applications. Any party aggrieved by an action of
1847	1847
1848	1848
1849	1849
1850	1850
1851	1851
1852	1852	HB2824 - 50 - LRB103 29485 DTM 55880 b
1853	1853
1854	1854
1855	1855	HB2824- 51 -LRB103 29485 DTM 55880 b HB2824 - 51 - LRB103 29485 DTM 55880 b
1856	1856	HB2824 - 51 - LRB103 29485 DTM 55880 b
1857	1857	1 the Board denying, suspending, revoking, restricting or
1858	1858	2 refusing to renew a license may request a hearing before
1859	1859	3 the Board. A request for a hearing must be made to the
1860	1860	4 Board in writing within 5 days after service of notice of
1861	1861	5 the action of the Board. Notice of the action of the Board
1862	1862	6 shall be served either by personal delivery or by
1863	1863	7 certified mail, postage prepaid, to the aggrieved party.
1864	1864	8 Notice served by certified mail shall be deemed complete
1865	1865	9 on the business day following the date of such mailing.
1866	1866	10 The Board shall conduct any such hearings promptly and in
1867	1867	11 reasonable order;
1868	1868	12 (2) To conduct all hearings pertaining to civil
1869	1869	13 violations of this Act or rules and regulations
1870	1870	14 promulgated hereunder;
1871	1871	15 (3) To promulgate such rules and regulations as in its
1872	1872	16 judgment may be necessary to protect or enhance the
1873	1873	17 credibility and integrity of gambling operations
1874	1874	18 authorized by this Act and the regulatory process
1875	1875	19 hereunder;
1876	1876	20 (4) To provide for the establishment and collection of
1877	1877	21 all license and registration fees and taxes imposed by
1878	1878	22 this Act and the rules and regulations issued pursuant
1879	1879	23 hereto. All such fees and taxes shall be deposited into
1880	1880	24 the State Gaming Fund;
1881	1881	25 (5) To provide for the levy and collection of
1882	1882	26 penalties and fines for the violation of provisions of
1883	1883
1884	1884
1885	1885
1886	1886
1887	1887
1888	1888	HB2824 - 51 - LRB103 29485 DTM 55880 b
1889	1889
1890	1890
1891	1891	HB2824- 52 -LRB103 29485 DTM 55880 b HB2824 - 52 - LRB103 29485 DTM 55880 b
1892	1892	HB2824 - 52 - LRB103 29485 DTM 55880 b
1893	1893	1 this Act and the rules and regulations promulgated
1894	1894	2 hereunder. All such fines and penalties shall be deposited
1895	1895	3 into the Education Assistance Fund, created by Public Act
1896	1896	4 86-0018, of the State of Illinois;
1897	1897	5 (6) To be present through its inspectors and agents
1898	1898	6 any time gambling operations are conducted on any
1899	1899	7 riverboat, in any casino, or at any organization gaming
1900	1900	8 facility for the purpose of certifying the revenue
1901	1901	9 thereof, receiving complaints from the public, and
1902	1902	10 conducting such other investigations into the conduct of
1903	1903	11 the gambling games and the maintenance of the equipment as
1904	1904	12 from time to time the Board may deem necessary and proper;
1905	1905	13 (7) To review and rule upon any complaint by a
1906	1906	14 licensee regarding any investigative procedures of the
1907	1907	15 State which are unnecessarily disruptive of gambling
1908	1908	16 operations. The need to inspect and investigate shall be
1909	1909	17 presumed at all times. The disruption of a licensee's
1910	1910	18 operations shall be proved by clear and convincing
1911	1911	19 evidence, and establish that: (A) the procedures had no
1912	1912	20 reasonable law enforcement purposes, and (B) the
1913	1913	21 procedures were so disruptive as to unreasonably inhibit
1914	1914	22 gambling operations;
1915	1915	23 (8) To hold at least one meeting each quarter of the
1916	1916	24 fiscal year. In addition, special meetings may be called
1917	1917	25 by the Chairman or any 2 Board members upon 72 hours
1918	1918	26 written notice to each member. All Board meetings shall be
1919	1919
1920	1920
1921	1921
1922	1922
1923	1923
1924	1924	HB2824 - 52 - LRB103 29485 DTM 55880 b
1925	1925
1926	1926
1927	1927	HB2824- 53 -LRB103 29485 DTM 55880 b HB2824 - 53 - LRB103 29485 DTM 55880 b
1928	1928	HB2824 - 53 - LRB103 29485 DTM 55880 b
1929	1929	1 subject to the Open Meetings Act. Three members of the
1930	1930	2 Board shall constitute a quorum, and 3 votes shall be
1931	1931	3 required for any final determination by the Board. The
1932	1932	4 Board shall keep a complete and accurate record of all its
1933	1933	5 meetings. A majority of the members of the Board shall
1934	1934	6 constitute a quorum for the transaction of any business,
1935	1935	7 for the performance of any duty, or for the exercise of any
1936	1936	8 power which this Act requires the Board members to
1937	1937	9 transact, perform or exercise en banc, except that, upon
1938	1938	10 order of the Board, one of the Board members or an
1939	1939	11 administrative law judge designated by the Board may
1940	1940	12 conduct any hearing provided for under this Act or by
1941	1941	13 Board rule and may recommend findings and decisions to the
1942	1942	14 Board. The Board member or administrative law judge
1943	1943	15 conducting such hearing shall have all powers and rights
1944	1944	16 granted to the Board in this Act. The record made at the
1945	1945	17 time of the hearing shall be reviewed by the Board, or a
1946	1946	18 majority thereof, and the findings and decision of the
1947	1947	19 majority of the Board shall constitute the order of the
1948	1948	20 Board in such case;
1949	1949	21 (9) To maintain records which are separate and
1950	1950	22 distinct from the records of any other State board or
1951	1951	23 commission. Such records shall be available for public
1952	1952	24 inspection and shall accurately reflect all Board
1953	1953	25 proceedings;
1954	1954	26 (10) To file a written annual report with the Governor
1955	1955
1956	1956
1957	1957
1958	1958
1959	1959
1960	1960	HB2824 - 53 - LRB103 29485 DTM 55880 b
1961	1961
1962	1962
1963	1963	HB2824- 54 -LRB103 29485 DTM 55880 b HB2824 - 54 - LRB103 29485 DTM 55880 b
1964	1964	HB2824 - 54 - LRB103 29485 DTM 55880 b
1965	1965	1 on or before July 1 each year and such additional reports
1966	1966	2 as the Governor may request. The annual report shall
1967	1967	3 include a statement of receipts and disbursements by the
1968	1968	4 Board, actions taken by the Board, and any additional
1969	1969	5 information and recommendations which the Board may deem
1970	1970	6 valuable or which the Governor may request;
1971	1971	7 (11) (Blank);
1972	1972	8 (12) (Blank);
1973	1973	9 (13) To assume responsibility for administration and
1974	1974	10 enforcement of the Video Gaming Act;
1975	1975	11 (13.1) To assume responsibility for the administration
1976	1976	12 and enforcement of operations at organization gaming
1977	1977	13 facilities pursuant to this Act and the Illinois Horse
1978	1978	14 Racing Act of 1975;
1979	1979	15 (13.2) To assume responsibility for the administration
1980	1980	16 and enforcement of the Sports Wagering Act; and
1981	1981	17 (14) To adopt, by rule, a code of conduct governing
1982	1982	18 Board members and employees that ensure, to the maximum
1983	1983	19 extent possible, that persons subject to this Code avoid
1984	1984	20 situations, relationships, or associations that may
1985	1985	21 represent or lead to a conflict of interest.
1986	1986	22 Internal controls and changes submitted by licensees must
1987	1987	23 be reviewed and either approved or denied with cause within 90
1988	1988	24 days after receipt of submission is deemed final by the
1989	1989	25 Illinois Gaming Board. In the event an internal control
1990	1990	26 submission or change does not meet the standards set by the
1991	1991
1992	1992
1993	1993
1994	1994
1995	1995
1996	1996	HB2824 - 54 - LRB103 29485 DTM 55880 b
1997	1997
1998	1998
1999	1999	HB2824- 55 -LRB103 29485 DTM 55880 b HB2824 - 55 - LRB103 29485 DTM 55880 b
2000	2000	HB2824 - 55 - LRB103 29485 DTM 55880 b
2001	2001	1 Board, staff of the Board must provide technical assistance to
2002	2002	2 the licensee to rectify such deficiencies within 90 days after
2003	2003	3 the initial submission and the revised submission must be
2004	2004	4 reviewed and approved or denied with cause within 90 days
2005	2005	5 after the date the revised submission is deemed final by the
2006	2006	6 Board. For the purposes of this paragraph, "with cause" means
2007	2007	7 that the approval of the submission would jeopardize the
2008	2008	8 integrity of gaming. In the event the Board staff has not acted
2009	2009	9 within the timeframe, the submission shall be deemed approved.
2010	2010	10 (c) The Board shall have jurisdiction over and shall
2011	2011	11 supervise all gambling operations governed by this Act. The
2012	2012	12 Board shall have all powers necessary and proper to fully and
2013	2013	13 effectively execute the provisions of this Act, including, but
2014	2014	14 not limited to, the following:
2015	2015	15 (1) To investigate applicants and determine the
2016	2016	16 eligibility of applicants for licenses and to select among
2017	2017	17 competing applicants the applicants which best serve the
2018	2018	18 interests of the citizens of Illinois.
2019	2019	19 (2) To have jurisdiction and supervision over all
2020	2020	20 riverboat gambling operations authorized under this Act
2021	2021	21 and all persons in places where gambling operations are
2022	2022	22 conducted.
2023	2023	23 (3) To promulgate rules and regulations for the
2024	2024	24 purpose of administering the provisions of this Act and to
2025	2025	25 prescribe rules, regulations and conditions under which
2026	2026	26 all gambling operations subject to this Act shall be
2027	2027
2028	2028
2029	2029
2030	2030
2031	2031
2032	2032	HB2824 - 55 - LRB103 29485 DTM 55880 b
2033	2033
2034	2034
2035	2035	HB2824- 56 -LRB103 29485 DTM 55880 b HB2824 - 56 - LRB103 29485 DTM 55880 b
2036	2036	HB2824 - 56 - LRB103 29485 DTM 55880 b
2037	2037	1 conducted. Such rules and regulations are to provide for
2038	2038	2 the prevention of practices detrimental to the public
2039	2039	3 interest and for the best interests of riverboat gambling,
2040	2040	4 including rules and regulations regarding the inspection
2041	2041	5 of organization gaming facilities, casinos, and
2042	2042	6 riverboats, and the review of any permits or licenses
2043	2043	7 necessary to operate a riverboat, casino, or organization
2044	2044	8 gaming facility under any laws or regulations applicable
2045	2045	9 to riverboats, casinos, or organization gaming facilities
2046	2046	10 and to impose penalties for violations thereof.
2047	2047	11 (4) To enter the office, riverboats, casinos,
2048	2048	12 organization gaming facilities, and other facilities, or
2049	2049	13 other places of business of a licensee, where evidence of
2050	2050	14 the compliance or noncompliance with the provisions of
2051	2051	15 this Act is likely to be found.
2052	2052	16 (5) To investigate alleged violations of this Act or
2053	2053	17 the rules of the Board and to take appropriate
2054	2054	18 disciplinary action against a licensee or a holder of an
2055	2055	19 occupational license for a violation, or institute
2056	2056	20 appropriate legal action for enforcement, or both.
2057	2057	21 (6) To adopt standards for the licensing of all
2058	2058	22 persons and entities under this Act, as well as for
2059	2059	23 electronic or mechanical gambling games, and to establish
2060	2060	24 fees for such licenses.
2061	2061	25 (7) To adopt appropriate standards for all
2062	2062	26 organization gaming facilities, riverboats, casinos, and
2063	2063
2064	2064
2065	2065
2066	2066
2067	2067
2068	2068	HB2824 - 56 - LRB103 29485 DTM 55880 b
2069	2069
2070	2070
2071	2071	HB2824- 57 -LRB103 29485 DTM 55880 b HB2824 - 57 - LRB103 29485 DTM 55880 b
2072	2072	HB2824 - 57 - LRB103 29485 DTM 55880 b
2073	2073	1 other facilities authorized under this Act.
2074	2074	2 (8) To require that the records, including financial
2075	2075	3 or other statements of any licensee under this Act, shall
2076	2076	4 be kept in such manner as prescribed by the Board and that
2077	2077	5 any such licensee involved in the ownership or management
2078	2078	6 of gambling operations submit to the Board an annual
2079	2079	7 balance sheet and profit and loss statement, list of the
2080	2080	8 stockholders or other persons having a 1% or greater
2081	2081	9 beneficial interest in the gambling activities of each
2082	2082	10 licensee, and any other information the Board deems
2083	2083	11 necessary in order to effectively administer this Act and
2084	2084	12 all rules, regulations, orders and final decisions
2085	2085	13 promulgated under this Act.
2086	2086	14 (9) To conduct hearings, issue subpoenas for the
2087	2087	15 attendance of witnesses and subpoenas duces tecum for the
2088	2088	16 production of books, records and other pertinent documents
2089	2089	17 in accordance with the Illinois Administrative Procedure
2090	2090	18 Act, and to administer oaths and affirmations to the
2091	2091	19 witnesses, when, in the judgment of the Board, it is
2092	2092	20 necessary to administer or enforce this Act or the Board
2093	2093	21 rules.
2094	2094	22 (10) To prescribe a form to be used by any licensee
2095	2095	23 involved in the ownership or management of gambling
2096	2096	24 operations as an application for employment for their
2097	2097	25 employees.
2098	2098	26 (11) To revoke or suspend licenses, as the Board may
2099	2099
2100	2100
2101	2101
2102	2102
2103	2103
2104	2104	HB2824 - 57 - LRB103 29485 DTM 55880 b
2105	2105
2106	2106
2107	2107	HB2824- 58 -LRB103 29485 DTM 55880 b HB2824 - 58 - LRB103 29485 DTM 55880 b
2108	2108	HB2824 - 58 - LRB103 29485 DTM 55880 b
2109	2109	1 see fit and in compliance with applicable laws of the
2110	2110	2 State regarding administrative procedures, and to review
2111	2111	3 applications for the renewal of licenses. The Board may
2112	2112	4 suspend an owners license or an organization gaming
2113	2113	5 license without notice or hearing upon a determination
2114	2114	6 that the safety or health of patrons or employees is
2115	2115	7 jeopardized by continuing a gambling operation conducted
2116	2116	8 under that license. The suspension may remain in effect
2117	2117	9 until the Board determines that the cause for suspension
2118	2118	10 has been abated. The Board may revoke an owners license or
2119	2119	11 organization gaming license upon a determination that the
2120	2120	12 licensee has not made satisfactory progress toward abating
2121	2121	13 the hazard.
2122	2122	14 (12) To eject or exclude or authorize the ejection or
2123	2123	15 exclusion of, any person from gambling facilities where
2124	2124	16 that person is in violation of this Act, rules and
2125	2125	17 regulations thereunder, or final orders of the Board, or
2126	2126	18 where such person's conduct or reputation is such that his
2127	2127	19 or her presence within the gambling facilities may, in the
2128	2128	20 opinion of the Board, call into question the honesty and
2129	2129	21 integrity of the gambling operations or interfere with the
2130	2130	22 orderly conduct thereof; provided that the propriety of
2131	2131	23 such ejection or exclusion is subject to subsequent
2132	2132	24 hearing by the Board.
2133	2133	25 (13) To require all licensees of gambling operations
2134	2134	26 to utilize a cashless wagering system whereby all players'
2135	2135
2136	2136
2137	2137
2138	2138
2139	2139
2140	2140	HB2824 - 58 - LRB103 29485 DTM 55880 b
2141	2141
2142	2142
2143	2143	HB2824- 59 -LRB103 29485 DTM 55880 b HB2824 - 59 - LRB103 29485 DTM 55880 b
2144	2144	HB2824 - 59 - LRB103 29485 DTM 55880 b
2145	2145	1 money is converted to tokens, electronic cards, or chips
2146	2146	2 which shall be used only for wagering in the gambling
2147	2147	3 establishment.
2148	2148	4 (14) (Blank).
2149	2149	5 (15) To suspend, revoke or restrict licenses, to
2150	2150	6 require the removal of a licensee or an employee of a
2151	2151	7 licensee for a violation of this Act or a Board rule or for
2152	2152	8 engaging in a fraudulent practice, and to impose civil
2153	2153	9 penalties of up to $5,000 against individuals and up to
2154	2154	10 $10,000 or an amount equal to the daily gross receipts,
2155	2155	11 whichever is larger, against licensees for each violation
2156	2156	12 of any provision of the Act, any rules adopted by the
2157	2157	13 Board, any order of the Board or any other action which, in
2158	2158	14 the Board's discretion, is a detriment or impediment to
2159	2159	15 gambling operations.
2160	2160	16 (16) To hire employees to gather information, conduct
2161	2161	17 investigations and carry out any other tasks contemplated
2162	2162	18 under this Act.
2163	2163	19 (17) To establish minimum levels of insurance to be
2164	2164	20 maintained by licensees.
2165	2165	21 (18) To authorize a licensee to sell or serve
2166	2166	22 alcoholic liquors, wine or beer as defined in the Liquor
2167	2167	23 Control Act of 1934 on board a riverboat or in a casino and
2168	2168	24 to have exclusive authority to establish the hours for
2169	2169	25 sale and consumption of alcoholic liquor on board a
2170	2170	26 riverboat or in a casino, notwithstanding any provision of
2171	2171
2172	2172
2173	2173
2174	2174
2175	2175
2176	2176	HB2824 - 59 - LRB103 29485 DTM 55880 b
2177	2177
2178	2178
2179	2179	HB2824- 60 -LRB103 29485 DTM 55880 b HB2824 - 60 - LRB103 29485 DTM 55880 b
2180	2180	HB2824 - 60 - LRB103 29485 DTM 55880 b
2181	2181	1 the Liquor Control Act of 1934 or any local ordinance, and
2182	2182	2 regardless of whether the riverboat makes excursions. The
2183	2183	3 establishment of the hours for sale and consumption of
2184	2184	4 alcoholic liquor on board a riverboat or in a casino is an
2185	2185	5 exclusive power and function of the State. A home rule
2186	2186	6 unit may not establish the hours for sale and consumption
2187	2187	7 of alcoholic liquor on board a riverboat or in a casino.
2188	2188	8 This subdivision (18) is a denial and limitation of home
2189	2189	9 rule powers and functions under subsection (h) of Section
2190	2190	10 6 of Article VII of the Illinois Constitution.
2191	2191	11 (19) After consultation with the U.S. Army Corps of
2192	2192	12 Engineers, to establish binding emergency orders upon the
2193	2193	13 concurrence of a majority of the members of the Board
2194	2194	14 regarding the navigability of water, relative to
2195	2195	15 excursions, in the event of extreme weather conditions,
2196	2196	16 acts of God or other extreme circumstances.
2197	2197	17 (20) To delegate the execution of any of its powers
2198	2198	18 under this Act for the purpose of administering and
2199	2199	19 enforcing this Act and the rules adopted by the Board.
2200	2200	20 (20.5) To approve any contract entered into on its
2201	2201	21 behalf.
2202	2202	22 (20.6) To appoint investigators to conduct
2203	2203	23 investigations, searches, seizures, arrests, and other
2204	2204	24 duties imposed under this Act, as deemed necessary by the
2205	2205	25 Board. These investigators have and may exercise all of
2206	2206	26 the rights and powers of peace officers, provided that
2207	2207
2208	2208
2209	2209
2210	2210
2211	2211
2212	2212	HB2824 - 60 - LRB103 29485 DTM 55880 b
2213	2213
2214	2214
2215	2215	HB2824- 61 -LRB103 29485 DTM 55880 b HB2824 - 61 - LRB103 29485 DTM 55880 b
2216	2216	HB2824 - 61 - LRB103 29485 DTM 55880 b
2217	2217	1 these powers shall be limited to offenses or violations
2218	2218	2 occurring or committed in a casino, in an organization
2219	2219	3 gaming facility, or on a riverboat or dock, as defined in
2220	2220	4 subsections (d) and (f) of Section 4, or as otherwise
2221	2221	5 provided by this Act or any other law.
2222	2222	6 (20.7) To contract with the Illinois State Police for
2223	2223	7 the use of trained and qualified State police officers and
2224	2224	8 with the Department of Revenue for the use of trained and
2225	2225	9 qualified Department of Revenue investigators to conduct
2226	2226	10 investigations, searches, seizures, arrests, and other
2227	2227	11 duties imposed under this Act and to exercise all of the
2228	2228	12 rights and powers of peace officers, provided that the
2229	2229	13 powers of Department of Revenue investigators under this
2230	2230	14 subdivision (20.7) shall be limited to offenses or
2231	2231	15 violations occurring or committed in a casino, in an
2232	2232	16 organization gaming facility, or on a riverboat or dock,
2233	2233	17 as defined in subsections (d) and (f) of Section 4, or as
2234	2234	18 otherwise provided by this Act or any other law. In the
2235	2235	19 event the Illinois State Police or the Department of
2236	2236	20 Revenue is unable to fill contracted police or
2237	2237	21 investigative positions, the Board may appoint
2238	2238	22 investigators to fill those positions pursuant to
2239	2239	23 subdivision (20.6).
2240	2240	24 (21) To adopt rules concerning the conduct of gaming
2241	2241	25 pursuant to an organization gaming license issued under
2242	2242	26 this Act.
2243	2243
2244	2244
2245	2245
2246	2246
2247	2247
2248	2248	HB2824 - 61 - LRB103 29485 DTM 55880 b
2249	2249
2250	2250
2251	2251	HB2824- 62 -LRB103 29485 DTM 55880 b HB2824 - 62 - LRB103 29485 DTM 55880 b
2252	2252	HB2824 - 62 - LRB103 29485 DTM 55880 b
2253	2253	1 (22) To have the same jurisdiction and supervision
2254	2254	2 over casinos and organization gaming facilities as the
2255	2255	3 Board has over riverboats, including, but not limited to,
2256	2256	4 the power to (i) investigate, review, and approve
2257	2257	5 contracts as that power is applied to riverboats, (ii)
2258	2258	6 adopt rules for administering the provisions of this Act,
2259	2259	7 (iii) adopt standards for the licensing of all persons
2260	2260	8 involved with a casino or organization gaming facility,
2261	2261	9 (iv) investigate alleged violations of this Act by any
2262	2262	10 person involved with a casino or organization gaming
2263	2263	11 facility, and (v) require that records, including
2264	2264	12 financial or other statements of any casino or
2265	2265	13 organization gaming facility, shall be kept in such manner
2266	2266	14 as prescribed by the Board.
2267	2267	15 (23) To take any other action as may be reasonable or
2268	2268	16 appropriate to enforce this Act and the rules adopted by
2269	2269	17 the Board.
2270	2270	18 (d) The Board may seek and shall receive the cooperation
2271	2271	19 of the Illinois State Police in conducting background
2272	2272	20 investigations of applicants and in fulfilling its
2273	2273	21 responsibilities under this Section. Costs incurred by the
2274	2274	22 Illinois State Police as a result of such cooperation shall be
2275	2275	23 paid by the Board in conformance with the requirements of
2276	2276	24 Section 2605-400 of the Illinois State Police Law.
2277	2277	25 (e) The Board must authorize to each investigator and to
2278	2278	26 any other employee of the Board exercising the powers of a
2279	2279
2280	2280
2281	2281
2282	2282
2283	2283
2284	2284	HB2824 - 62 - LRB103 29485 DTM 55880 b
2285	2285
2286	2286
2287	2287	HB2824- 63 -LRB103 29485 DTM 55880 b HB2824 - 63 - LRB103 29485 DTM 55880 b
2288	2288	HB2824 - 63 - LRB103 29485 DTM 55880 b
2289	2289	1 peace officer a distinct badge that, on its face, (i) clearly
2290	2290	2 states that the badge is authorized by the Board and (ii)
2291	2291	3 contains a unique identifying number. No other badge shall be
2292	2292	4 authorized by the Board.
2293	2293	5 (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
2294	2294	6 Section 60. The Liquor Control Act of 1934 is amended by
2295	2295	7 changing Section 3-6 as follows:
2296	2296	8 (235 ILCS 5/3-6) (from Ch. 43, par. 102)
2297	2297	9 Sec. 3-6. No person shall be appointed a commissioner,
2298	2298	10 secretary, Executive Director, or inspector for the commission
2299	2299	11 who is not a citizen of the United States. Unless they have
2300	2300	12 disclosed to the appointing authority such conviction or
2301	2301	13 violation, no No commissioner, secretary, Executive Director,
2302	2302	14 inspector, or other employee shall be appointed who has been
2303	2303	15 convicted within the preceding 5 years of any violation of any
2304	2304	16 Federal or State law concerning the manufacture or sale of
2305	2305	17 alcoholic liquor prior or subsequent to the passage of this
2306	2306	18 Act or who has paid a fine or penalty in settlement of any
2307	2307	19 prosecution against him or her for any violation of such laws
2308	2308	20 within the preceding 5 years or shall have forfeited his or her
2309	2309	21 bond to appear in court to answer charges for any such
2310	2310	22 violation within the preceding 5 years , nor shall any person
2311	2311	23 be appointed who has been convicted of a felony. No
2312	2312	24 commissioner, Executive Director, inspector, or other
2313	2313
2314	2314
2315	2315
2316	2316
2317	2317
2318	2318	HB2824 - 63 - LRB103 29485 DTM 55880 b
2319	2319
2320	2320
2321	2321	HB2824- 64 -LRB103 29485 DTM 55880 b HB2824 - 64 - LRB103 29485 DTM 55880 b
2322	2322	HB2824 - 64 - LRB103 29485 DTM 55880 b
2323	2323	1 employee, may, directly or indirectly, individually or as a
2324	2324	2 member of a partnership, or as a shareholder of a corporation,
2325	2325	3 have any interest whatsoever in the manufacture, sale or
2326	2326	4 distribution of alcoholic liquor, nor receive any compensation
2327	2327	5 or profit therefrom, nor have any interest whatsoever in the
2328	2328	6 purchases or sales made by the persons authorized by this Act,
2329	2329	7 or to purchase or to sell alcoholic liquor. No provision of
2330	2330	8 this section shall prevent any such commissioner, secretary,
2331	2331	9 Executive Director, inspector, or other employee from
2332	2332	10 purchasing and keeping in his or her possession for the use of
2333	2333	11 himself or herself or members of his or her family or guests
2334	2334	12 any alcoholic liquor which may be purchased or kept by any
2335	2335	13 person by virtue of this Act.
2336	2336	14 (Source: P.A. 100-1050, eff. 7-1-19.)
2337	2337	15 Section 65. The Criminal Code of 2012 is amended by
2338	2338	16 changing Sections 11-9.3 and 33-7 as follows:
2339	2339	17 (720 ILCS 5/11-9.3)
2340	2340	18 Sec. 11-9.3. Presence within school zone by child sex
2341	2341	19 offenders prohibited; approaching, contacting, residing with,
2342	2342	20 or communicating with a child within certain places by child
2343	2343	21 sex offenders prohibited.
2344	2344	22 (a) It is unlawful for a child sex offender to knowingly be
2345	2345	23 present in any school building, on real property comprising
2346	2346	24 any school, or in any conveyance owned, leased, or contracted
2347	2347
2348	2348
2349	2349
2350	2350
2351	2351
2352	2352	HB2824 - 64 - LRB103 29485 DTM 55880 b
2353	2353
2354	2354
2355	2355	HB2824- 65 -LRB103 29485 DTM 55880 b HB2824 - 65 - LRB103 29485 DTM 55880 b
2356	2356	HB2824 - 65 - LRB103 29485 DTM 55880 b
2357	2357	1 by a school to transport students to or from school or a school
2358	2358	2 related activity when persons under the age of 18 are present
2359	2359	3 in the building, on the grounds or in the conveyance, unless
2360	2360	4 (1) the offender is a parent or guardian of a student attending
2361	2361	5 the school and the parent or guardian is: (i) attending a
2362	2362	6 conference at the school with school personnel to discuss the
2363	2363	7 progress of his or her child academically or socially, (ii)
2364	2364	8 participating in child review conferences in which evaluation
2365	2365	9 and placement decisions may be made with respect to his or her
2366	2366	10 child regarding special education services, or (iii) attending
2367	2367	11 conferences to discuss other student issues concerning his or
2368	2368	12 her child such as retention and promotion and notifies the
2369	2369	13 principal of the school of his or her presence at the school or
2370	2370	14 unless the offender has permission to be present from the
2371	2371	15 superintendent or the school board or in the case of a private
2372	2372	16 school from the principal or (2) the offender is attending a
2373	2373	17 meeting of the local school council or school board of which
2374	2374	18 they are a member. In the case of a public school, if
2375	2375	19 permission is granted, the superintendent or school board
2376	2376	20 president must inform the principal of the school where the
2377	2377	21 sex offender will be present. Notification includes the nature
2378	2378	22 of the sex offender's visit and the hours in which the sex
2379	2379	23 offender will be present in the school. The sex offender is
2380	2380	24 responsible for notifying the principal's office when he or
2381	2381	25 she arrives on school property and when he or she departs from
2382	2382	26 school property. If the sex offender is to be present in the
2383	2383
2384	2384
2385	2385
2386	2386
2387	2387
2388	2388	HB2824 - 65 - LRB103 29485 DTM 55880 b
2389	2389
2390	2390
2391	2391	HB2824- 66 -LRB103 29485 DTM 55880 b HB2824 - 66 - LRB103 29485 DTM 55880 b
2392	2392	HB2824 - 66 - LRB103 29485 DTM 55880 b
2393	2393	1 vicinity of children, the sex offender has the duty to remain
2394	2394	2 under the direct supervision of a school official.
2395	2395	3 (a-5) It is unlawful for a child sex offender to knowingly
2396	2396	4 be present within 100 feet of a site posted as a pick-up or
2397	2397	5 discharge stop for a conveyance owned, leased, or contracted
2398	2398	6 by a school to transport students to or from school or a school
2399	2399	7 related activity when one or more persons under the age of 18
2400	2400	8 are present at the site.
2401	2401	9 (a-10) It is unlawful for a child sex offender to
2402	2402	10 knowingly be present in any public park building, a playground
2403	2403	11 or recreation area within any publicly accessible privately
2404	2404	12 owned building, or on real property comprising any public park
2405	2405	13 when persons under the age of 18 are present in the building or
2406	2406	14 on the grounds and to approach, contact, or communicate with a
2407	2407	15 child under 18 years of age, unless the offender is a parent or
2408	2408	16 guardian of a person under 18 years of age present in the
2409	2409	17 building or on the grounds.
2410	2410	18 (b) It is unlawful for a child sex offender to knowingly
2411	2411	19 loiter within 500 feet of a school building or real property
2412	2412	20 comprising any school while persons under the age of 18 are
2413	2413	21 present in the building or on the grounds, unless the offender
2414	2414	22 is a parent or guardian of a student attending the school and
2415	2415	23 the parent or guardian is: (i) attending a conference at the
2416	2416	24 school with school personnel to discuss the progress of his or
2417	2417	25 her child academically or socially, (ii) participating in
2418	2418	26 child review conferences in which evaluation and placement
2419	2419
2420	2420
2421	2421
2422	2422
2423	2423
2424	2424	HB2824 - 66 - LRB103 29485 DTM 55880 b
2425	2425
2426	2426
2427	2427	HB2824- 67 -LRB103 29485 DTM 55880 b HB2824 - 67 - LRB103 29485 DTM 55880 b
2428	2428	HB2824 - 67 - LRB103 29485 DTM 55880 b
2429	2429	1 decisions may be made with respect to his or her child
2430	2430	2 regarding special education services, or (iii) attending
2431	2431	3 conferences to discuss other student issues concerning his or
2432	2432	4 her child such as retention and promotion and notifies the
2433	2433	5 principal of the school of his or her presence at the school or
2434	2434	6 has permission to be present from the superintendent or the
2435	2435	7 school board or in the case of a private school from the
2436	2436	8 principal. In the case of a public school, if permission is
2437	2437	9 granted, the superintendent or school board president must
2438	2438	10 inform the principal of the school where the sex offender will
2439	2439	11 be present. Notification includes the nature of the sex
2440	2440	12 offender's visit and the hours in which the sex offender will
2441	2441	13 be present in the school. The sex offender is responsible for
2442	2442	14 notifying the principal's office when he or she arrives on
2443	2443	15 school property and when he or she departs from school
2444	2444	16 property. If the sex offender is to be present in the vicinity
2445	2445	17 of children, the sex offender has the duty to remain under the
2446	2446	18 direct supervision of a school official.
2447	2447	19 (b-2) It is unlawful for a child sex offender to knowingly
2448	2448	20 loiter on a public way within 500 feet of a public park
2449	2449	21 building or real property comprising any public park while
2450	2450	22 persons under the age of 18 are present in the building or on
2451	2451	23 the grounds and to approach, contact, or communicate with a
2452	2452	24 child under 18 years of age, unless the offender is a parent or
2453	2453	25 guardian of a person under 18 years of age present in the
2454	2454	26 building or on the grounds.
2455	2455
2456	2456
2457	2457
2458	2458
2459	2459
2460	2460	HB2824 - 67 - LRB103 29485 DTM 55880 b
2461	2461
2462	2462
2463	2463	HB2824- 68 -LRB103 29485 DTM 55880 b HB2824 - 68 - LRB103 29485 DTM 55880 b
2464	2464	HB2824 - 68 - LRB103 29485 DTM 55880 b
2465	2465	1 (b-5) It is unlawful for a child sex offender to knowingly
2466	2466	2 reside within 500 feet of a school building or the real
2467	2467	3 property comprising any school that persons under the age of
2468	2468	4 18 attend. Nothing in this subsection (b-5) prohibits a child
2469	2469	5 sex offender from residing within 500 feet of a school
2470	2470	6 building or the real property comprising any school that
2471	2471	7 persons under 18 attend if the property is owned by the child
2472	2472	8 sex offender and was purchased before July 7, 2000 (the
2473	2473	9 effective date of Public Act 91-911).
2474	2474	10 (b-10) It is unlawful for a child sex offender to
2475	2475	11 knowingly reside within 500 feet of a playground, child care
2476	2476	12 institution, day care center, part day child care facility,
2477	2477	13 day care home, group day care home, or a facility providing
2478	2478	14 programs or services exclusively directed toward persons under
2479	2479	15 18 years of age. Nothing in this subsection (b-10) prohibits a
2480	2480	16 child sex offender from residing within 500 feet of a
2481	2481	17 playground or a facility providing programs or services
2482	2482	18 exclusively directed toward persons under 18 years of age if
2483	2483	19 the property is owned by the child sex offender and was
2484	2484	20 purchased before July 7, 2000. Nothing in this subsection
2485	2485	21 (b-10) prohibits a child sex offender from residing within 500
2486	2486	22 feet of a child care institution, day care center, or part day
2487	2487	23 child care facility if the property is owned by the child sex
2488	2488	24 offender and was purchased before June 26, 2006. Nothing in
2489	2489	25 this subsection (b-10) prohibits a child sex offender from
2490	2490	26 residing within 500 feet of a day care home or group day care
2491	2491
2492	2492
2493	2493
2494	2494
2495	2495
2496	2496	HB2824 - 68 - LRB103 29485 DTM 55880 b
2497	2497
2498	2498
2499	2499	HB2824- 69 -LRB103 29485 DTM 55880 b HB2824 - 69 - LRB103 29485 DTM 55880 b
2500	2500	HB2824 - 69 - LRB103 29485 DTM 55880 b
2501	2501	1 home if the property is owned by the child sex offender and was
2502	2502	2 purchased before August 14, 2008 (the effective date of Public
2503	2503	3 Act 95-821).
2504	2504	4 (b-15) It is unlawful for a child sex offender to
2505	2505	5 knowingly reside within 500 feet of the victim of the sex
2506	2506	6 offense. Nothing in this subsection (b-15) prohibits a child
2507	2507	7 sex offender from residing within 500 feet of the victim if the
2508	2508	8 property in which the child sex offender resides is owned by
2509	2509	9 the child sex offender and was purchased before August 22,
2510	2510	10 2002.
2511	2511	11 This subsection (b-15) does not apply if the victim of the
2512	2512	12 sex offense is 21 years of age or older.
2513	2513	13 (b-20) It is unlawful for a child sex offender to
2514	2514	14 knowingly communicate, other than for a lawful purpose under
2515	2515	15 Illinois law, using the Internet or any other digital media,
2516	2516	16 with a person under 18 years of age or with a person whom he or
2517	2517	17 she believes to be a person under 18 years of age, unless the
2518	2518	18 offender is a parent or guardian of the person under 18 years
2519	2519	19 of age.
2520	2520	20 (c) It is unlawful for a child sex offender to knowingly
2521	2521	21 operate, manage, be employed by, volunteer at, be associated
2522	2522	22 with, or knowingly be present at any: (i) facility providing
2523	2523	23 programs or services exclusively directed toward persons under
2524	2524	24 the age of 18; (ii) day care center; (iii) part day child care
2525	2525	25 facility; (iv) child care institution; (v) school providing
2526	2526	26 before and after school programs for children under 18 years
2527	2527
2528	2528
2529	2529
2530	2530
2531	2531
2532	2532	HB2824 - 69 - LRB103 29485 DTM 55880 b
2533	2533
2534	2534
2535	2535	HB2824- 70 -LRB103 29485 DTM 55880 b HB2824 - 70 - LRB103 29485 DTM 55880 b
2536	2536	HB2824 - 70 - LRB103 29485 DTM 55880 b
2537	2537	1 of age; (vi) day care home; or (vii) group day care home. This
2538	2538	2 does not prohibit a child sex offender from owning the real
2539	2539	3 property upon which the programs or services are offered or
2540	2540	4 upon which the day care center, part day child care facility,
2541	2541	5 child care institution, or school providing before and after
2542	2542	6 school programs for children under 18 years of age is located,
2543	2543	7 provided the child sex offender refrains from being present on
2544	2544	8 the premises for the hours during which: (1) the programs or
2545	2545	9 services are being offered or (2) the day care center, part day
2546	2546	10 child care facility, child care institution, or school
2547	2547	11 providing before and after school programs for children under
2548	2548	12 18 years of age, day care home, or group day care home is
2549	2549	13 operated.
2550	2550	14 (c-2) It is unlawful for a child sex offender to
2551	2551	15 participate in a holiday event involving children under 18
2552	2552	16 years of age, including but not limited to distributing candy
2553	2553	17 or other items to children on Halloween, wearing a Santa Claus
2554	2554	18 costume on or preceding Christmas, being employed as a
2555	2555	19 department store Santa Claus, or wearing an Easter Bunny
2556	2556	20 costume on or preceding Easter. For the purposes of this
2557	2557	21 subsection, child sex offender has the meaning as defined in
2558	2558	22 this Section, but does not include as a sex offense under
2559	2559	23 paragraph (2) of subsection (d) of this Section, the offense
2560	2560	24 under subsection (c) of Section 11-1.50 of this Code. This
2561	2561	25 subsection does not apply to a child sex offender who is a
2562	2562	26 parent or guardian of children under 18 years of age that are
2563	2563
2564	2564
2565	2565
2566	2566
2567	2567
2568	2568	HB2824 - 70 - LRB103 29485 DTM 55880 b
2569	2569
2570	2570
2571	2571	HB2824- 71 -LRB103 29485 DTM 55880 b HB2824 - 71 - LRB103 29485 DTM 55880 b
2572	2572	HB2824 - 71 - LRB103 29485 DTM 55880 b
2573	2573	1 present in the home and other non-familial minors are not
2574	2574	2 present.
2575	2575	3 (c-5) It is unlawful for a child sex offender to knowingly
2576	2576	4 operate, manage, be employed by, or be associated with any
2577	2577	5 carnival, amusement enterprise, or county or State fair when
2578	2578	6 persons under the age of 18 are present.
2579	2579	7 (c-6) It is unlawful for a child sex offender who owns and
2580	2580	8 resides at residential real estate to knowingly rent any
2581	2581	9 residential unit within the same building in which he or she
2582	2582	10 resides to a person who is the parent or guardian of a child or
2583	2583	11 children under 18 years of age. This subsection shall apply
2584	2584	12 only to leases or other rental arrangements entered into after
2585	2585	13 January 1, 2009 (the effective date of Public Act 95-820).
2586	2586	14 (c-7) It is unlawful for a child sex offender to knowingly
2587	2587	15 offer or provide any programs or services to persons under 18
2588	2588	16 years of age in his or her residence or the residence of
2589	2589	17 another or in any facility for the purpose of offering or
2590	2590	18 providing such programs or services, whether such programs or
2591	2591	19 services are offered or provided by contract, agreement,
2592	2592	20 arrangement, or on a volunteer basis.
2593	2593	21 (c-8) It is unlawful for a child sex offender to knowingly
2594	2594	22 operate, whether authorized to do so or not, any of the
2595	2595	23 following vehicles: (1) a vehicle which is specifically
2596	2596	24 designed, constructed or modified and equipped to be used for
2597	2597	25 the retail sale of food or beverages, including but not
2598	2598	26 limited to an ice cream truck; (2) an authorized emergency
2599	2599
2600	2600
2601	2601
2602	2602
2603	2603
2604	2604	HB2824 - 71 - LRB103 29485 DTM 55880 b
2605	2605
2606	2606
2607	2607	HB2824- 72 -LRB103 29485 DTM 55880 b HB2824 - 72 - LRB103 29485 DTM 55880 b
2608	2608	HB2824 - 72 - LRB103 29485 DTM 55880 b
2609	2609	1 vehicle; or (3) a rescue vehicle.
2610	2610	2 (d) Definitions. In this Section:
2611	2611	3 (1) "Child sex offender" means any person who:
2612	2612	4 (i) has been charged under Illinois law, or any
2613	2613	5 substantially similar federal law or law of another
2614	2614	6 state, with a sex offense set forth in paragraph (2) of
2615	2615	7 this subsection (d) or the attempt to commit an
2616	2616	8 included sex offense, and the victim is a person under
2617	2617	9 18 years of age at the time of the offense; and:
2618	2618	10 (A) is convicted of such offense or an attempt
2619	2619	11 to commit such offense; or
2620	2620	12 (B) is found not guilty by reason of insanity
2621	2621	13 of such offense or an attempt to commit such
2622	2622	14 offense; or
2623	2623	15 (C) is found not guilty by reason of insanity
2624	2624	16 pursuant to subsection (c) of Section 104-25 of
2625	2625	17 the Code of Criminal Procedure of 1963 of such
2626	2626	18 offense or an attempt to commit such offense; or
2627	2627	19 (D) is the subject of a finding not resulting
2628	2628	20 in an acquittal at a hearing conducted pursuant to
2629	2629	21 subsection (a) of Section 104-25 of the Code of
2630	2630	22 Criminal Procedure of 1963 for the alleged
2631	2631	23 commission or attempted commission of such
2632	2632	24 offense; or
2633	2633	25 (E) is found not guilty by reason of insanity
2634	2634	26 following a hearing conducted pursuant to a
2635	2635
2636	2636
2637	2637
2638	2638
2639	2639
2640	2640	HB2824 - 72 - LRB103 29485 DTM 55880 b
2641	2641
2642	2642
2643	2643	HB2824- 73 -LRB103 29485 DTM 55880 b HB2824 - 73 - LRB103 29485 DTM 55880 b
2644	2644	HB2824 - 73 - LRB103 29485 DTM 55880 b
2645	2645	1 federal law or the law of another state
2646	2646	2 substantially similar to subsection (c) of Section
2647	2647	3 104-25 of the Code of Criminal Procedure of 1963
2648	2648	4 of such offense or of the attempted commission of
2649	2649	5 such offense; or
2650	2650	6 (F) is the subject of a finding not resulting
2651	2651	7 in an acquittal at a hearing conducted pursuant to
2652	2652	8 a federal law or the law of another state
2653	2653	9 substantially similar to subsection (a) of Section
2654	2654	10 104-25 of the Code of Criminal Procedure of 1963
2655	2655	11 for the alleged violation or attempted commission
2656	2656	12 of such offense; or
2657	2657	13 (ii) is certified as a sexually dangerous person
2658	2658	14 pursuant to the Illinois Sexually Dangerous Persons
2659	2659	15 Act, or any substantially similar federal law or the
2660	2660	16 law of another state, when any conduct giving rise to
2661	2661	17 such certification is committed or attempted against a
2662	2662	18 person less than 18 years of age; or
2663	2663	19 (iii) is subject to the provisions of Section 2 of
2664	2664	20 the Interstate Agreements on Sexually Dangerous
2665	2665	21 Persons Act.
2666	2666	22 Convictions that result from or are connected with the
2667	2667	23 same act, or result from offenses committed at the same
2668	2668	24 time, shall be counted for the purpose of this Section as
2669	2669	25 one conviction. Any conviction set aside pursuant to law
2670	2670	26 is not a conviction for purposes of this Section.
2671	2671
2672	2672
2673	2673
2674	2674
2675	2675
2676	2676	HB2824 - 73 - LRB103 29485 DTM 55880 b
2677	2677
2678	2678
2679	2679	HB2824- 74 -LRB103 29485 DTM 55880 b HB2824 - 74 - LRB103 29485 DTM 55880 b
2680	2680	HB2824 - 74 - LRB103 29485 DTM 55880 b
2681	2681	1 (2) Except as otherwise provided in paragraph (2.5),
2682	2682	2 "sex offense" means:
2683	2683	3 (i) A violation of any of the following Sections
2684	2684	4 of the Criminal Code of 1961 or the Criminal Code of
2685	2685	5 2012: 10-4 (forcible detention), 10-7 (aiding or
2686	2686	6 abetting child abduction under Section 10-5(b)(10)),
2687	2687	7 10-5(b)(10) (child luring), 11-1.40 (predatory
2688	2688	8 criminal sexual assault of a child), 11-6 (indecent
2689	2689	9 solicitation of a child), 11-6.5 (indecent
2690	2690	10 solicitation of an adult), 11-9.1 (sexual exploitation
2691	2691	11 of a child), 11-9.2 (custodial sexual misconduct),
2692	2692	12 11-9.5 (sexual misconduct with a person with a
2693	2693	13 disability), 11-11 (sexual relations within families),
2694	2694	14 11-14.3(a)(1) (promoting prostitution by advancing
2695	2695	15 prostitution), 11-14.3(a)(2)(A) (promoting
2696	2696	16 prostitution by profiting from prostitution by
2697	2697	17 compelling a person to be a prostitute),
2698	2698	18 11-14.3(a)(2)(C) (promoting prostitution by profiting
2699	2699	19 from prostitution by means other than as described in
2700	2700	20 subparagraphs (A) and (B) of paragraph (2) of
2701	2701	21 subsection (a) of Section 11-14.3), 11-14.4 (promoting
2702	2702	22 juvenile prostitution), 11-18.1 (patronizing a
2703	2703	23 juvenile prostitute), 11-20.1 (child pornography),
2704	2704	24 11-20.1B (aggravated child pornography), 11-21
2705	2705	25 (harmful material), 11-25 (grooming), 11-26 (traveling
2706	2706	26 to meet a minor or traveling to meet a child), 12-33
2707	2707
2708	2708
2709	2709
2710	2710
2711	2711
2712	2712	HB2824 - 74 - LRB103 29485 DTM 55880 b
2713	2713
2714	2714
2715	2715	HB2824- 75 -LRB103 29485 DTM 55880 b HB2824 - 75 - LRB103 29485 DTM 55880 b
2716	2716	HB2824 - 75 - LRB103 29485 DTM 55880 b
2717	2717	1 (ritualized abuse of a child), 11-20 (obscenity) (when
2718	2718	2 that offense was committed in any school, on real
2719	2719	3 property comprising any school, in any conveyance
2720	2720	4 owned, leased, or contracted by a school to transport
2721	2721	5 students to or from school or a school related
2722	2722	6 activity, or in a public park), 11-30 (public
2723	2723	7 indecency) (when committed in a school, on real
2724	2724	8 property comprising a school, in any conveyance owned,
2725	2725	9 leased, or contracted by a school to transport
2726	2726	10 students to or from school or a school related
2727	2727	11 activity, or in a public park). An attempt to commit
2728	2728	12 any of these offenses.
2729	2729	13 (ii) A violation of any of the following Sections
2730	2730	14 of the Criminal Code of 1961 or the Criminal Code of
2731	2731	15 2012, when the victim is a person under 18 years of
2732	2732	16 age: 11-1.20 (criminal sexual assault), 11-1.30
2733	2733	17 (aggravated criminal sexual assault), 11-1.50
2734	2734	18 (criminal sexual abuse), 11-1.60 (aggravated criminal
2735	2735	19 sexual abuse). An attempt to commit any of these
2736	2736	20 offenses.
2737	2737	21 (iii) A violation of any of the following Sections
2738	2738	22 of the Criminal Code of 1961 or the Criminal Code of
2739	2739	23 2012, when the victim is a person under 18 years of age
2740	2740	24 and the defendant is not a parent of the victim:
2741	2741	25 10-1 (kidnapping),
2742	2742	26 10-2 (aggravated kidnapping),
2743	2743
2744	2744
2745	2745
2746	2746
2747	2747
2748	2748	HB2824 - 75 - LRB103 29485 DTM 55880 b
2749	2749
2750	2750
2751	2751	HB2824- 76 -LRB103 29485 DTM 55880 b HB2824 - 76 - LRB103 29485 DTM 55880 b
2752	2752	HB2824 - 76 - LRB103 29485 DTM 55880 b
2753	2753	1 10-3 (unlawful restraint),
2754	2754	2 10-3.1 (aggravated unlawful restraint),
2755	2755	3 11-9.1(A) (permitting sexual abuse of a child).
2756	2756	4 An attempt to commit any of these offenses.
2757	2757	5 (iv) A violation of any former law of this State
2758	2758	6 substantially equivalent to any offense listed in
2759	2759	7 clause (2)(i) or (2)(ii) of subsection (d) of this
2760	2760	8 Section.
2761	2761	9 (2.5) For the purposes of subsections (b-5) and (b-10)
2762	2762	10 only, a sex offense means:
2763	2763	11 (i) A violation of any of the following Sections
2764	2764	12 of the Criminal Code of 1961 or the Criminal Code of
2765	2765	13 2012:
2766	2766	14 10-5(b)(10) (child luring), 10-7 (aiding or
2767	2767	15 abetting child abduction under Section 10-5(b)(10)),
2768	2768	16 11-1.40 (predatory criminal sexual assault of a
2769	2769	17 child), 11-6 (indecent solicitation of a child),
2770	2770	18 11-6.5 (indecent solicitation of an adult), 11-9.2
2771	2771	19 (custodial sexual misconduct), 11-9.5 (sexual
2772	2772	20 misconduct with a person with a disability), 11-11
2773	2773	21 (sexual relations within families), 11-14.3(a)(1)
2774	2774	22 (promoting prostitution by advancing prostitution),
2775	2775	23 11-14.3(a)(2)(A) (promoting prostitution by profiting
2776	2776	24 from prostitution by compelling a person to be a
2777	2777	25 prostitute), 11-14.3(a)(2)(C) (promoting prostitution
2778	2778	26 by profiting from prostitution by means other than as
2779	2779
2780	2780
2781	2781
2782	2782
2783	2783
2784	2784	HB2824 - 76 - LRB103 29485 DTM 55880 b
2785	2785
2786	2786
2787	2787	HB2824- 77 -LRB103 29485 DTM 55880 b HB2824 - 77 - LRB103 29485 DTM 55880 b
2788	2788	HB2824 - 77 - LRB103 29485 DTM 55880 b
2789	2789	1 described in subparagraphs (A) and (B) of paragraph
2790	2790	2 (2) of subsection (a) of Section 11-14.3), 11-14.4
2791	2791	3 (promoting juvenile prostitution), 11-18.1
2792	2792	4 (patronizing a juvenile prostitute), 11-20.1 (child
2793	2793	5 pornography), 11-20.1B (aggravated child pornography),
2794	2794	6 11-25 (grooming), 11-26 (traveling to meet a minor or
2795	2795	7 traveling to meet a child), or 12-33 (ritualized abuse
2796	2796	8 of a child). An attempt to commit any of these
2797	2797	9 offenses.
2798	2798	10 (ii) A violation of any of the following Sections
2799	2799	11 of the Criminal Code of 1961 or the Criminal Code of
2800	2800	12 2012, when the victim is a person under 18 years of
2801	2801	13 age: 11-1.20 (criminal sexual assault), 11-1.30
2802	2802	14 (aggravated criminal sexual assault), 11-1.60
2803	2803	15 (aggravated criminal sexual abuse), and subsection (a)
2804	2804	16 of Section 11-1.50 (criminal sexual abuse). An attempt
2805	2805	17 to commit any of these offenses.
2806	2806	18 (iii) A violation of any of the following Sections
2807	2807	19 of the Criminal Code of 1961 or the Criminal Code of
2808	2808	20 2012, when the victim is a person under 18 years of age
2809	2809	21 and the defendant is not a parent of the victim:
2810	2810	22 10-1 (kidnapping),
2811	2811	23 10-2 (aggravated kidnapping),
2812	2812	24 10-3 (unlawful restraint),
2813	2813	25 10-3.1 (aggravated unlawful restraint),
2814	2814	26 11-9.1(A) (permitting sexual abuse of a child).
2815	2815
2816	2816
2817	2817
2818	2818
2819	2819
2820	2820	HB2824 - 77 - LRB103 29485 DTM 55880 b
2821	2821
2822	2822
2823	2823	HB2824- 78 -LRB103 29485 DTM 55880 b HB2824 - 78 - LRB103 29485 DTM 55880 b
2824	2824	HB2824 - 78 - LRB103 29485 DTM 55880 b
2825	2825	1 An attempt to commit any of these offenses.
2826	2826	2 (iv) A violation of any former law of this State
2827	2827	3 substantially equivalent to any offense listed in this
2828	2828	4 paragraph (2.5) of this subsection.
2829	2829	5 (3) A conviction for an offense of federal law or the
2830	2830	6 law of another state that is substantially equivalent to
2831	2831	7 any offense listed in paragraph (2) of subsection (d) of
2832	2832	8 this Section shall constitute a conviction for the purpose
2833	2833	9 of this Section. A finding or adjudication as a sexually
2834	2834	10 dangerous person under any federal law or law of another
2835	2835	11 state that is substantially equivalent to the Sexually
2836	2836	12 Dangerous Persons Act shall constitute an adjudication for
2837	2837	13 the purposes of this Section.
2838	2838	14 (4) "Authorized emergency vehicle", "rescue vehicle",
2839	2839	15 and "vehicle" have the meanings ascribed to them in
2840	2840	16 Sections 1-105, 1-171.8 and 1-217, respectively, of the
2841	2841	17 Illinois Vehicle Code.
2842	2842	18 (5) "Child care institution" has the meaning ascribed
2843	2843	19 to it in Section 2.06 of the Child Care Act of 1969.
2844	2844	20 (6) "Day care center" has the meaning ascribed to it
2845	2845	21 in Section 2.09 of the Child Care Act of 1969.
2846	2846	22 (7) "Day care home" has the meaning ascribed to it in
2847	2847	23 Section 2.18 of the Child Care Act of 1969.
2848	2848	24 (8) "Facility providing programs or services directed
2849	2849	25 towards persons under the age of 18" means any facility
2850	2850	26 providing programs or services exclusively directed
2851	2851
2852	2852
2853	2853
2854	2854
2855	2855
2856	2856	HB2824 - 78 - LRB103 29485 DTM 55880 b
2857	2857
2858	2858
2859	2859	HB2824- 79 -LRB103 29485 DTM 55880 b HB2824 - 79 - LRB103 29485 DTM 55880 b
2860	2860	HB2824 - 79 - LRB103 29485 DTM 55880 b
2861	2861	1 towards persons under the age of 18.
2862	2862	2 (9) "Group day care home" has the meaning ascribed to
2863	2863	3 it in Section 2.20 of the Child Care Act of 1969.
2864	2864	4 (10) "Internet" has the meaning set forth in Section
2865	2865	5 16-0.1 of this Code.
2866	2866	6 (11) "Loiter" means:
2867	2867	7 (i) Standing, sitting idly, whether or not the
2868	2868	8 person is in a vehicle, or remaining in or around
2869	2869	9 school or public park property.
2870	2870	10 (ii) Standing, sitting idly, whether or not the
2871	2871	11 person is in a vehicle, or remaining in or around
2872	2872	12 school or public park property, for the purpose of
2873	2873	13 committing or attempting to commit a sex offense.
2874	2874	14 (iii) Entering or remaining in a building in or
2875	2875	15 around school property, other than the offender's
2876	2876	16 residence.
2877	2877	17 (12) "Part day child care facility" has the meaning
2878	2878	18 ascribed to it in Section 2.10 of the Child Care Act of
2879	2879	19 1969.
2880	2880	20 (13) "Playground" means a piece of land owned or
2881	2881	21 controlled by a unit of local government that is
2882	2882	22 designated by the unit of local government for use solely
2883	2883	23 or primarily for children's recreation.
2884	2884	24 (14) "Public park" includes a park, forest preserve,
2885	2885	25 bikeway, trail, or conservation area under the
2886	2886	26 jurisdiction of the State or a unit of local government.
2887	2887
2888	2888
2889	2889
2890	2890
2891	2891
2892	2892	HB2824 - 79 - LRB103 29485 DTM 55880 b
2893	2893
2894	2894
2895	2895	HB2824- 80 -LRB103 29485 DTM 55880 b HB2824 - 80 - LRB103 29485 DTM 55880 b
2896	2896	HB2824 - 80 - LRB103 29485 DTM 55880 b
2897	2897	1 (15) "School" means a public or private preschool or
2898	2898	2 elementary or secondary school.
2899	2899	3 (16) "School official" means the principal, a teacher,
2900	2900	4 or any other certified employee of the school, the
2901	2901	5 superintendent of schools or a member of the school board.
2902	2902	6 (e) For the purposes of this Section, the 500 feet
2903	2903	7 distance shall be measured from: (1) the edge of the property
2904	2904	8 of the school building or the real property comprising the
2905	2905	9 school that is closest to the edge of the property of the child
2906	2906	10 sex offender's residence or where he or she is loitering, and
2907	2907	11 (2) the edge of the property comprising the public park
2908	2908	12 building or the real property comprising the public park,
2909	2909	13 playground, child care institution, day care center, part day
2910	2910	14 child care facility, or facility providing programs or
2911	2911	15 services exclusively directed toward persons under 18 years of
2912	2912	16 age, or a victim of the sex offense who is under 21 years of
2913	2913	17 age, to the edge of the child sex offender's place of residence
2914	2914	18 or place where he or she is loitering.
2915	2915	19 (f) Sentence. A person who violates this Section is guilty
2916	2916	20 of a Class 4 felony.
2917	2917	21 (Source: P.A. 102-997, eff. 1-1-23.)
2918	2918	22 (720 ILCS 5/33-7)
2919	2919	23 Sec. 33-7. Public contractor misconduct.
2920	2920	24 (a) A public contractor; a person seeking a public
2921	2921	25 contract on behalf of himself, herself, or another; an
2922	2922
2923	2923
2924	2924
2925	2925
2926	2926
2927	2927	HB2824 - 80 - LRB103 29485 DTM 55880 b
2928	2928
2929	2929
2930	2930	HB2824- 81 -LRB103 29485 DTM 55880 b HB2824 - 81 - LRB103 29485 DTM 55880 b
2931	2931	HB2824 - 81 - LRB103 29485 DTM 55880 b
2932	2932	1 employee of a public contractor; or a person seeking a public
2933	2933	2 contract on behalf of himself, herself, or another commits
2934	2934	3 public contractor misconduct when, in the performance of, or
2935	2935	4 in connection with, a contract with the State, a unit of local
2936	2936	5 government, or a school district or in obtaining or seeking to
2937	2937	6 obtain such a contract he or she commits any of the following
2938	2938	7 acts:
2939	2939	8 (1) intentionally or knowingly makes, uses, or causes
2940	2940	9 to be made or used a false record or statement to conceal,
2941	2941	10 avoid, or decrease an obligation to pay or transmit money
2942	2942	11 or property;
2943	2943	12 (2) knowingly performs an act that he or she knows he
2944	2944	13 or she is forbidden by law to perform;
2945	2945	14 (3) with intent to obtain a personal advantage for
2946	2946	15 himself, herself, or another, he or she performs an act in
2947	2947	16 excess of his or her contractual responsibility;
2948	2948	17 (4) solicits or knowingly accepts for the performance
2949	2949	18 of any act a fee or reward that he or she knows is not
2950	2950	19 authorized by law; or
2951	2951	20 (5) knowingly or intentionally seeks or receives
2952	2952	21 compensation or reimbursement for goods and services he or
2953	2953	22 she purported to deliver or render, but failed to do so
2954	2954	23 pursuant to the terms of the contract, to the unit of State
2955	2955	24 or local government or school district.
2956	2956	25 (b) Sentence. Any person who violates this Section commits
2957	2957	26 a Class 3 felony. Any person convicted of this offense or a
2958	2958
2959	2959
2960	2960
2961	2961
2962	2962
2963	2963	HB2824 - 81 - LRB103 29485 DTM 55880 b
2964	2964
2965	2965
2966	2966	HB2824- 82 -LRB103 29485 DTM 55880 b HB2824 - 82 - LRB103 29485 DTM 55880 b
2967	2967	HB2824 - 82 - LRB103 29485 DTM 55880 b
2968	2968	1 similar offense in any state of the United States which
2969	2969	2 contains the same elements of this offense shall be barred for
2970	2970	3 10 years from the date of conviction from contracting with or ,
2971	2971	4 employment by, or holding public office with the State or any
2972	2972	5 unit of local government or school district. Any person
2973	2973	6 convicted of this offense or a similar offense in any state of
2974	2974	7 the United States which contains the same elements of this
2975	2975	8 offense shall be barred for 5 years from the date of conviction
2976	2976	9 from holding public office with the State or any unit of local
2977	2977	10 government or school district. No corporation shall be barred
2978	2978	11 as a result of a conviction under this Section of any employee
2979	2979	12 or agent of such corporation if the employee so convicted is no
2980	2980	13 longer employed by the corporation and (1) it has been finally
2981	2981	14 adjudicated not guilty or (2) it demonstrates to the
2982	2982	15 government entity with which it seeks to contract, and that
2983	2983	16 entity finds, that the commission of the offense was neither
2984	2984	17 authorized, requested, commanded, nor performed by a director,
2985	2985	18 officer or high managerial agent on behalf of the corporation
2986	2986	19 as provided in paragraph (2) of subsection (a) of Section 5-4
2987	2987	20 of this Code.
2988	2988	21 (c) The Attorney General or the State's Attorney in the
2989	2989	22 county where the principal office of the unit of local
2990	2990	23 government or school district is located may bring a civil
2991	2991	24 action on behalf of any unit of State or local government to
2992	2992	25 recover a civil penalty from any person who knowingly engages
2993	2993	26 in conduct which violates subsection (a) of this Section in
2994	2994
2995	2995
2996	2996
2997	2997
2998	2998
2999	2999	HB2824 - 82 - LRB103 29485 DTM 55880 b
3000	3000
3001	3001
3002	3002	HB2824- 83 -LRB103 29485 DTM 55880 b HB2824 - 83 - LRB103 29485 DTM 55880 b
3003	3003	HB2824 - 83 - LRB103 29485 DTM 55880 b
3004	3004	1 treble the amount of the monetary cost to the unit of State or
3005	3005	2 local government or school district involved in the violation.
3006	3006	3 The Attorney General or State's Attorney shall be entitled to
3007	3007	4 recover reasonable attorney's fees as part of the costs
3008	3008	5 assessed to the defendant. This subsection (c) shall in no way
3009	3009	6 limit the ability of any unit of State or local government or
3010	3010	7 school district to recover moneys or damages regarding public
3011	3011	8 contracts under any other law or ordinance. A civil action
3012	3012	9 shall be barred unless the action is commenced within 6 years
3013	3013	10 after the later of (1) the date on which the conduct
3014	3014	11 establishing the cause of action occurred or (2) the date on
3015	3015	12 which the unit of State or local government or school district
3016	3016	13 knew or should have known that the conduct establishing the
3017	3017	14 cause of action occurred.
3018	3018	15 (d) This amendatory Act of the 96th General Assembly shall
3019	3019	16 not be construed to create a private right of action.
3020	3020	17 (Source: P.A. 96-575, eff. 8-18-09.)
3021	3021
3022	3022
3023	3023
3024	3024
3025	3025
3026	3026	HB2824 - 83 - LRB103 29485 DTM 55880 b