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SENATE JOURNAL

STATE OF

NINETY-NINTH GENERAL ASSEMBLY

98TH LEGISLATIVE DAY

WEDNESDAY, APRIL 13, 2016

12:12 O'CLOCK P.M.

NO. 98 [April 13, 2016] 2

SENATE Daily Journal Index 98th Legislative Day

Action Page(s) Committee Meeting Announcement(s) ...... 30, 31 Deadline established...... 4 EXECUTIVE SESSION ...... 73 Joint Action Motion(s) Filed ...... 26 Legislative Measure(s) Filed ...... 28 Message from the Governor ...... 4 Message from the House ...... 7, 26, 72 Message from the President ...... 4, 114, 115 Motion in Writing ...... 73 Presentation of Senate Resolution No. 1751 ...... 5 Presentation of Senate Resolutions No’d. 1749-1750...... 5 Report from Assignments Committee ...... 29 Report from Standing Committee...... 28 Report from Standing Committee(s) ...... 6 Report(s) Received ...... 4

Bill Number Legislative Action Page(s) SB 2046 Concur in House Amendment(s) ...... 73 SB 2984 Second Reading ...... 31 SB 2985 Second Reading ...... 31 SB 2990 Second Reading ...... 31 SB 2993 Second Reading ...... 49 SB 3003 Second Reading ...... 49 SB 3007 Second Reading ...... 53 SB 3010 Second Reading ...... 53 SB 3011 Second Reading ...... 53 SB 3025 Second Reading ...... 71 SB 3062 Second Reading ...... 71 SB 3063 Second Reading ...... 71 SB 3071 Second Reading ...... 71 SB 3072 Second Reading ...... 71 SB 3079 Second Reading ...... 71 SB 3292 Posting Notice Waived ...... 71 SR 1737 Adopted ...... 72 SR 1751 Committee on Assignments ...... 5

HB 4336 First Reading ...... 27 HB 4360 First Reading ...... 27 HB 4367 First Reading ...... 27 HB 4379 First Reading ...... 27 HB 4394 First Reading ...... 27 HB 4395 First Reading ...... 27 HB 4423 First Reading ...... 27 HB 4433 First Reading ...... 27 HB 4576 First Reading ...... 27 HB 4826 First Reading ...... 27 HB 5539 First Reading ...... 27 HB 5660 First Reading ...... 27 HB 5683 First Reading ...... 27 HB 5723 First Reading ...... 27 HB 5788 First Reading ...... 27 [April 13, 2016] 3

HB 5901 First Reading ...... 27 HB 5949 First Reading ...... 27 HB 6010 First Reading ...... 27 HB 6083 First Reading ...... 27 HB 6182 First Reading ...... 27 HB 6287 First Reading ...... 28 HB 6333 First Reading ...... 28

[April 13, 2016] 4

The Senate met pursuant to adjournment. Senator Terry Link, Waukegan, Illinois, presiding. Prayer by Pastor Jeremy Wood, First Congregational Church, Bunker Hill, Illinois. Senator Cunningham led the Senate in the Pledge of Allegiance.

Senator Hunter moved that reading and approval of the Journal of Tuesday, April 12, 2016, be postponed, pending arrival of the printed Journal. The motion prevailed.

REPORTS RECEIVED

The Secretary placed before the Senate the following reports:

Reporting Requirement of Public Act 94-0987 ( Enforcement Camera Grant Act), submitted by the Kewanee Police Department.

Reporting Requirement of Public Act 94-0987 (Law Enforcement Camera Grant Act), submitted by the Arthur Police Department.

Reporting Requirement of Public Act 94-0987 (Law Enforcement Camera Grant Act), submitted by the Midlothian Police Department.

Reporting Requirement of Public Act 94-0987 (Law Enforcement Camera Grant Act), submitted by the Eureka Police Department.

The foregoing reports were ordered received and placed on file in the Secretary’s Office.

MESSAGE FROM THE PRESIDENT

OFFICE OF THE SENATE PRESIDENT STATE OF ILLINOIS

JOHN J. CULLERTON 327 STATE CAPITOL SENATE PRESIDENT SPRINGFIELD, IL 62706 217-782-2728

April 12, 2016

Mr. Tim Anderson Secretary of the Senate Room 403 State House Springfield, IL 62706

Dear Mr. Secretary:

Pursuant to the provisions of Senate Rule 2-10, I hereby extend the committee deadline to April 22, 2016, for Senate Bill 3292.

Sincerely, s/John J. Cullerton John J. Cullerton Senate President cc: Senate Republican Leader Christine Radogno

MESSAGE FROM THE GOVERNOR [April 13, 2016] 5

STATE OF ILLINOIS OFFICE OF THE GOVERNOR CAPITOL BUILDING, 207 STATE HOUSE SPRINGFIELD, ILLINOIS 62706

BRUCE RAUNER GOVERNOR

April 12, 2016

To the Honorable Members of the Senate Ninety-Ninth General Assembly

Mr. President,

On April 14, 2015, appointment message 990169 nominating B.R. Lane to be Superintendent of the Illinois Lottery was delivered to your Honorable Body. As of the date of this letter, it is my understanding that the Senate has not taken action on this nomination.

Please be advised that, the Appointment Message, for which concurrence in and confirmation of your Honorable Body was sought, is hereby withdrawn, effective at 4:30 PM on Tuesday, April 12, 2016.

Sincerely, s/Bruce Rauner Governor cc: The Honorable Jesse White, Secretary of State

PRESENTATION OF RESOLUTIONS

SENATE RESOLUTION NO. 1749 Offered by Senator Bennett and all Senators: Mourns the death of Flora E. Faraci of Champaign.

SENATE RESOLUTION NO. 1750 Offered by Senator Bennett and all Senators: Mourns the death of Werner Baer.

By unanimous consent, the foregoing resolutions were referred to the Resolutions Consent Calendar.

Senator T. Cullerton offered the following Senate Resolution, which was referred to the Committee on Assignments:

SENATE RESOLUTION NO. 1751

WHEREAS, The State of Illinois is currently experiencing a fiscal crisis and is considering a multitude of options to solve the State's economic concerns; and

WHEREAS, A proposed tax on advertising and advertising-related services to generate revenue to balance the State's budget has been contemplated by some in the State's leadership; and

WHEREAS, A tax on advertising has proven to slow economic growth; no other state in the nation specifically applies a sales tax to advertising; and [April 13, 2016] 6

WHEREAS, The State of Florida previously imposed a tax on advertising and advertising-related services, only to see a loss of jobs and personal income due to lost advertising revenue; Florida also saw ad purchases decrease by 12% and go to neighboring states, ultimately resulting in a loss of $100 million in advertising revenue and a repeal of the tax 6 months later; and

WHEREAS, A tax on advertising in Illinois would cripple the ability of business owners, both large and small, to market goods and services and cause the businesses to inevitably lose customers; and

WHEREAS, A tax on advertising would devastate the advertising industry in Illinois, driving revenue and jobs to neighboring states and hurting Illinois' already fragile economy; and

WHEREAS, The advertising industry in Illinois helps generate 17.3% of Illinois' economic activity and produces over 900,000 jobs; and

WHEREAS, An additional tax on advertising is counterintuitive and goes against the pro-business, pro- jobs, pro-growth policies that should be under careful consideration as Illinois seeks to regain sound financial footing; therefore, be it

RESOLVED, BY THE SENATE OF THE NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we state our firm opposition to any additional taxes on advertising or advertising-related services; and be it further

RESOLVED, That we state our belief that Illinois' present fiscal crisis must be managed in other ways besides a new tax on business owners throughout the State.

REPORTS FROM STANDING COMMITTEES

Senator Mulroe, Chairperson of the Committee on Public Health, to which was referred Senate Bills Numbered 2416 and 2837, reported the same back with amendments having been adopted thereto, with the recommendation that the bills, as amended, do pass. Under the rules, the bills were ordered to a second reading.

Senator Mulroe, Chairperson of the Committee on Public Health, to which was referred the following Senate floor amendments, reported that the Committee recommends do adopt:

Senate Amendment No. 1 to Senate Bill 2704 Senate Amendment No. 4 to Senate Bill 2878

Under the rules, the foregoing floor amendments are eligible for consideration on second reading.

Senator Delgado, Chairperson of the Committee on Education, to which was referred the following Senate floor amendments, reported that the Committee recommends do adopt:

Senate Amendment No. 1 to Senate Joint Resolution 49 Senate Amendment No. 2 to Senate Bill 230 Senate Amendment No. 1 to Senate Bill 238 Senate Amendment No. 2 to Senate Bill 2990

Under the rules, the foregoing floor amendment is eligible for consideration on second reading.

Senator Biss, Chairperson of the Committee on Human Services, to which was referred Senate Bill No. 2952, reported the same back with the recommendation that the bill do pass. Under the rules, the bill was ordered to a second reading.

[April 13, 2016] 7

Senator Biss, Chairperson of the Committee on Human Services, to which was referred the following Senate floor amendment, reported that the Committee recommends do adopt:

Senate Amendment No. 1 to Senate Bill 320

Under the rules, the foregoing floor amendment is eligible for consideration on second reading.

Senator Raoul, Chairperson of the Committee on Judiciary, to which was referred Senate Bill No. 3312, reported the same back with the recommendation that the bill do pass. Under the rules, the bill was ordered to a second reading.

Senator Raoul, Chairperson of the Committee on Judiciary, to which was referred Senate Bills Numbered 2435, 2839, 3162 and 3333, reported the same back with amendments having been adopted thereto, with the recommendation that the bills, as amended, do pass. Under the rules, the bills were ordered to a second reading.

Senator Raoul, Chairperson of the Committee on Judiciary, to which was referred the following Senate floor amendments, reported that the Committee recommends do adopt:

Senate Amendment No. 1 to Senate Bill 185 Senate Amendment No. 1 to Senate Bill 391 Senate Amendment No. 4 to Senate Bill 2138 Senate Amendment No. 1 to Senate Bill 2186 Senate Amendment No. 1 to Senate Bill 2632 Senate Amendment No. 5 to Senate Bill 2845

Under the rules, the foregoing floor amendment is eligible for consideration on second reading.

Senator McGuire, Chairperson of the Committee on Higher Education, to which was referred Senate Bills Numbered 2356, 2960 and 3343, reported the same back with amendments having been adopted thereto, with the recommendation that the bills, as amended, do pass. Under the rules, the bills were ordered to a second reading.

Senator Sandoval, Chairperson of the Committee on Transportation, to which was referred Senate Bills Numbered 2567, 3018 and 3020, reported the same back with amendments having been adopted thereto, with the recommendation that the bills, as amended, do pass. Under the rules, the bills were ordered to a second reading.

Senator Collins, Chairperson of the Committee on Financial Institutions, to which was referred Senate Bills Numbered 2432 and 2865, reported the same back with amendments having been adopted thereto, with the recommendation that the bills, as amended, do pass. Under the rules, the bills were ordered to a second reading.

MESSAGES FROM THE HOUSE

A message from the House by Mr. Mapes, Clerk: Mr. President -- I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to-wit: SENATE BILL NO. 2046 A bill for AN ACT concerning appropriations. Together with the following amendment which is attached, in the adoption of which I am instructed to ask the concurrence of the Senate, to-wit: House Amendment No. 1 to SENATE BILL NO. 2046 [April 13, 2016] 8

Passed the House, as amended, April 12, 2016.

TIMOTHY D. MAPES, Clerk of the House

AMENDMENT NO. 1 SENATE BILL 2046 AMENDMENT NO. 1 . Amend Senate Bill 2046, by deleting everything after the enacting clause and inserting the following: “ARTICLE 1 Section 5. The following named amounts, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to the Department of Human Services for income assistance and related distributive purposes, including such Federal funds as are made available by the Federal Government for the following purposes: DISTRIBUTIVE ITEMS GRANTS-IN-AID Payable from General Revenue Fund: For Refugees ...... 1,101,300 For Funeral and Burial Expenses under Articles III, IV, and V, including prior year costs ...... 9,000,000 For costs associated with the Illinois Welcoming Centers ...... 1,499,000 For Grants and Administrative Expenses associated with Immigrant Integration Services and for other Immigrant Services pursuant to 305 ILCS 5/12-4.34 ...... 6,035,000 Total $17,635,300

Section 10. The following named sums, or so much thereof as may be necessary, respectively, for the purposes hereinafter named, are appropriated to the Department of Human Services for Grants- In-Aid and Purchased Care in its various regions pursuant to Sections 3 and 4 of the Community Services Act and the Community Mental Health Act: MENTAL HEALTH GRANTS AND PROGRAM SUPPORT GRANTS-IN-AID AND PURCHASED CARE Payable from General Revenue Fund: For all costs and administrative expenses for Community Service Programs for Persons with Mental Illness; Child and Adolescent Mental Health Programs; Community Hospital Inpatient & Psych Services; Evaluation Determination, Disposition, & Assessment; Jail Data Link Project; Juvenile Justice Trauma Program; Regions Special Consumer Supports & Mental Health Services; Rural Behavioral Health Access; Supported Residential; the Living Room; and all other Services to persons with Mental Illness ...... 140,938,500 Payable from the General Revenue Fund: For Psychiatric Leadership Grants ...... 27,000,000 Payable from the Department of Human Services Community Services Fund: For Community Service Grant Programs for Persons with Mental Illness including administrative costs ...... 15,000,000 Payable from General Revenue Fund: For costs associated with the Purchase and Disbursement of Psychotropic Medications for Mentally Ill Clients in the Community ...... 1,881,800 For Supportive MI Housing ...... 15,915,800 For costs associated with the Specialized Mental Health Rehabilitative Facility [April 13, 2016] 9

Community Programs ...... 1,603,300 For the costs associated with Mental Health Balancing Incentive Programs ...... 7,843,900 Section 15. The sum of $7,500,000, or so much thereof as may be necessary, is appropriated to the Department of Human Services from the Health and Human Services Medicaid Trust Fund for Supportive MI Housing. Section 20. The following named sums, or so much thereof as may be necessary, respectively, for the purposes hereinafter named, are appropriated to the Department of Human Services for Grants- In-Aid and Purchased Care in its various regions pursuant to Sections 3 and 4 of the Community Services Act and the Community Mental Health Act: DEVELOPMENTAL DISABILITIES GRANTS AND PROGRAM SUPPORT GRANTS-IN-AID AND PURCHASED CARE Payable from the General Revenue Fund: For a grant to the Autism Program for an Autism Diagnosis Education Program for Individuals ...... 4,300,000 For a Grant to Best Buddies ...... 977,500 For a grant to the ARC of Illinois for the Life Span Project ...... 471,400 For Dental Grants for People with Developmental Disabilities ...... 986,000 For out-of-State residental services for people with Developmental Disabilities ...... 500,000 For Respite Care Services ...... 8,778,000 For Epilepsy Services ...... 2,075,000 Total $18,087,900 Section 25. The following named amounts, or so much thereof as may be necessary, are appropriated to the Department of Human Services for Payments to Community Providers and Administrative Expenditures, including such Federal funds as are made available by the Federal Government for the following purpose: Payable from Autism Research Checkoff Fund: For costs associated with autism research ...... 100,000 Payable from Autism Awareness Fund: For costs associated with autism awareness ...... 100,000 Section 30. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated for the objects and purposes hereinafter named, to the Department of Human Services: ADDICTION TREATMENT GRANTS-IN-AID Payable from General Revenue Fund: For costs associated with Community Based Addiction Treatment Services ...... 51,928,900 For Addiction Treatment Services for DCFS clients ...... 6,358,900 For costs associated with Addiction Treatment Services for Special Populations ...... 5,493,600 Total $63,781,400 Payable from the State Gaming Fund: For Costs Associated with Treatment of Individuals who are Compulsive Gamblers ...... 1,029,500 For Addiction Treatment and Related Services: Payable from Youth Drug Abuse Prevention Fund...... 530,000 For Grants and Administrative Expenses Related to Addiction Treatment and Related Services: Payable from Drunk and Drugged Driving Prevention Fund...... 3,212,200 Payable from Drug Treatment Fund ...... 5,105,800 For underwriting the cost of housing [April 13, 2016] 10

for groups of recovering individuals: Payable from Group Home Loan Revolving Fund ...... 200,000 Total $10,077,500 Section 35. The sum of $488,800, or as much thereof is necessary, is appropriated from the General Revenue Fund to the Department of Human Services for a pilot program to study uses and effects of medication assisted treatments for addiction and for the prevention of relapse to opioid dependence in publicly-funded treatment program. Section 40. The following named amount, or so much thereof as may be necessary, is appropriated to the Department of Human Services: REHABILITATION SERVICES BUREAUS GRANTS-IN-AID For Grants to Independent Living Centers: Payable from General Revenue Fund ...... 4,199,800

Section 45. The following named amounts, or so much thereof as may be necessary, respectively, for the objects hereinafter named, are appropriated to the Department of Human Services for Family and Community Services and related distributive purposes, including such Federal funds as are made available by the Federal government for the following purposes: FAMILY AND COMMUNITY SERVICES GRANTS-IN-AID Payable from General Revenue Fund: For Expenses for the Development and Implementation of Project Cornerstone ...... 423,700 For Emergency Food Program, Including Operating and Administrative Costs ...... 215,400 For Homeless Prevention ...... 975,000 For a grant to Children’s Place for costs associated with specialized child care for families affected by HIV/AIDS ...... 381,200 For Grants and administrative expenses for Programs to Reduce Infant Mortality, provide Case Management and Outreach Services, and for the Intensive Prenatal Performance Project ...... 33,965,000 For Costs Associated with Teen Parent Services ...... 1,000,000 For Grants for Community Services, including operating and administrative costs ...... 5,000,000 For Grants and Administrative Expenses of the Westside Health Authority Crisis Intervention ...... 293,300 For Grants and Administrative Expenses of Addiction Prevention and related services ...... 1,001,900 For Grants and Administrative Expenses of Supportive Housing Services ...... 11,000,000 For Grants and Administrative Expenses of the Comprehensive Community-Based Services to Youth ...... 15,174,100 For Grants and Administrative Expenses of Redeploy Illinois ...... 4,275,200 For Grants and Administrative Expenses for Homeless Youth Services ...... 4,550,000 For grants to provide Assistance to Sexual Assault Victims and for Sexual Assault Prevention Activities ...... 6,021,100 For Grants and Administrative Expenses for After School Youth Support [April 13, 2016] 11

Programs...... 13,000,000 For Grants and Administrative Expenses for at-risk community support programs, after school programs, and youth employment opportunities ...... 7,000,000 For Grants and Administrative Expenses Related to the Healthy Families Program ...... 10,040,000 For Parents Too Soon Program ...... 6,870,300 Payable from the Assistance to the Homeless Fund: For costs related to Providing Assistance to the Homeless including operating and administrative costs and grants ...... 300,000 Payable from the Illinois Affordable Housing Trust Fund: For Homeless Youth Services ...... 1,000,000 For Grants and Administrative Expenses For Homelessness Prevention ...... 3,000,000 For Grants and Administrative Expenses For Emergency and Transitional Housing ...... 9,383,700 Payable from the Health and Human Service Medicaid Trust Fund: For grants for Supportive Housing Services...... 3,382,500 Payable from Sexual Assault Services Fund: For Grants Related to the Sexual Assault Services Program ...... 100,000 Payable from the Sexual Assault Services and Prevention Fund: For Grants and administrative expenses of the Sexual Assault Services and Prevention Program ...... 600,000 Payable from the Housing for Families Fund: For Grants for Housing for Families ...... 100,000 Payable from Youth Alcoholism and Substance Abuse Prevention Fund: For Grants and Administrative Expenses of Addiction Prevention and Related Services ...... 1,050,000 ARTICLE 2 Section 5. The following named amount, or so much thereof as may be necessary, is appropriated to the Department of Healthcare and Family Services for the purposes hereinafter named: PROGRAM ADMINISTRATION Payable from Public Aid Recoveries Trust Fund: For costs associated with Information Technology Infrastructure necessary To satisfy all Intergovernmental Agreements with the State of Michigan ...... 5,400,000 ARTICLE 3 Section 5. The following named amounts, or so much thereof as may be necessary, are appropriated to the Department of Public Health for expenses of programs related to Acquired Immunodeficiency Syndrome (AIDS) and Human Immunodeficiency Virus (HIV): OFFICE OF HEALTH PROTECTION: AIDS/HIV Payable from the General Revenue Fund: For Expenses of AIDS/HIV Education, Drugs, Services, Counseling, Testing, Outreach to Minority populations, costs associated with correctional facilities Referral and Partner Notification (CTRPN), and Patient and Worker Notification pursuant to Public [April 13, 2016] 12

Act 87-763 ...... 23,000,000 For grants and other expenses for the prevention and treatment of HIV/AIDS and the creation of an HIV/AIDS service delivery system to reduce the disparity of HIV infection and AIDS cases between African-Americans and other population groups ...... 1,250,000 Total $24,250,000 Section 10. The following named amount, or so much thereof as may be necessary, is appropriated to the Department of Public Health for the objects and purposes hereinafter named: OFFICE OF HEALTH PROTECTION Payable from the General Revenue Fund: For Local Health Protection Grants to Certified Local Health Departments for Health Protection Programs including, But Not Limited To, Infectious Diseases, Food Sanitation, Potable Water and Private Sewage ...... 17,713,800 Section 15. The following named amount, or as much thereof as may be necessary is appropriated to the Department of Public Health for the objects and purposes hereinafter named: OFFICE OF WOMEN'S HEALTH Payable from the General Revenue Fund: For Expenses for Breast and Cervical Cancer Screenings, minority outreach, and other Related Activities ...... 11,000,000

Section 20. The following named amounts, or as much thereof as may be necessary, are appropriated to the Department of Public Health for the objects and purposes hereinafter named: OFFICE OF WOMEN'S HEALTH Payable from General Revenue Fund: For Expenses associated with School Health Centers ...... 1,151,100 Payable from Tobacco Settlement Recovery Fund: For costs associated with Children’s Health Programs ...... 1,229,700

Section 25. The following named amounts, or so much thereof as may be necessary, are appropriated to the Department of Public Health for the objects and purposes hereinafter named: OFFICE OF POLICY, PLANNING AND STATISTICS Payable from the Tobacco Settlement Recovery Fund: For grants and administrative expenses for the Community Health Center Expansion Program and healthcare workforce providers in Health Professional Shortage Areas (HPSAs) in Illinois ...... 1,364,600 Section 30. The following named amounts, or so much thereof as may be necessary, are appropriated to the Department of Public Health for the objects and purposes hereinafter named: OFFICE OF HEALTH PROMOTION Payable from the General Revenue Fund: For expenses of Sudden Infant Death Syndrome (SIDS) Program ...... 244,400 For Expenses for the University of Illinois Sickle Cell Clinic ...... 483,900 For Prostate Cancer Awareness ...... 146,600 Payable from the Prostate Cancer Research Fund: For grants to Public and Private Entities in [April 13, 2016] 13

Illinois for Prostate Cancer Research ...... 30,000 Total $904,900

Section 35. The following named sum, or so much thereof as may be necessary, is appropriated to the Department of Public Health for the objects and purposes hereinafter named: OFFICE OF PREPAREDNESS AND RESPONSE Payable from the General Revenue Fund: For grants to MCHC Hospital Council for the support of the Illinois Poison Control Center...... 2,000,000 ARTICLE 4 Section 5. The following named amounts, or so much thereof as may be necessary, are appropriated for the ordinary and contingent expenses of the Department on Aging: DISTRIBUTIVE ITEMS OPERATIONS Payable from General Revenue Fund: For Expenses of the Provisions of the Statewide Centralized Abuse, Neglect, Financial Exploitation and Self-Neglect Act ...... 20,000,000 For Expenses of the Senior Employment Specialist Program ...... 186,000 For Expenses of the Grandparents Raising Grandchildren Program ...... 293,300 For expenses associated with Home Delivered Meals (formula and non-formula) ...... 11,361,700 For Specialized Training Program ...... 48,900 For Expenses of the Illinois Department on Aging for Monitoring and Support Services ...... 177,900 For Expenses of the Illinois Council on Aging ...... 25,400 For Administrative Expenses of the Senior Meal Program ...... 30,400 For Benefits, Eligibility, Assistance and Monitoring ...... 1,807,100 For the expenses of the Senior Helpline ...... 1,362,500 Total $35,293,200 Payable from the Long Term Care Ombudsman Fund: For Expenses of the Long Term Care Ombudsman Fund ...... 2,600,000 Payable from the Department on Aging State Projects Fund: For Expenses of Private Partnership Projects ...... 345,000 Section 10. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated from the General Revenue Fund for the ordinary and contingent expenses of the Department on Aging: DISTRIBUTIVE ITEMS GRANTS-IN-AID For Grants for Retired Senior Volunteer Program ...... 539,400 For Planning and Service Grants to Area Agencies on Aging ...... 7,548,300 For Grants for the Foster Grandparent Program...... 236,000 For Expenses to the Area Agencies on Aging for Long-Term Care Systems Development ...... 238,300 [April 13, 2016] 14

For the Ombudsman Program ...... 1,318,100 For Grants for Community Based Services for equal distribution to each of the 13 Area Agencies on Aging ...... 734,300 Total $10,614,400 Payable from the Tobacco Settlement Recovery Fund: For Grants and Administrative Expenses of Senior Health Assistance Programs ...... 1,600,000 Section 15. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated for the ordinary and contingent expenses of the Department on Aging: DISTRIBUTIVE ITEMS COMMUNITY CARE Payable from General Revenue Fund: For grants and for administrative expenses associated with the purchase of services covered by the Community Care Program, including prior year costs ...... 450,000,000 For the Balancing Incentive Program ...... 3,398,400 For grants and for administrative expenses associated with Comprehensive Case Coordination, including prior year costs 5 ...... 9,390,800 Total $512,789,200 ARTICLE 5 Section 5. The following named amounts, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to the Environmental Protection Agency: Payable from the Underground Storage Tank Fund: For Contracts for Site Remediation and for Reimbursements to Eligible Owners/ Operators of Leaking Underground Storage Tanks, including claims submitted in prior years ...... 60,100,000 Section 10. The amount of $773,000, or so much of that amount as may be necessary, is appropriated from the Underground Storage Tank Fund to the Environmental Protection Agency for case processing of leaking underground storage tank permit and claims appeals. Section 15. The following named sum, or so much therefore as may be necessary, is appropriated to the Environmental Protection Agency for all costs associated with solid waste management activities, including costs from prior years: Payable from the Solid Waste Management Fund ...... 3,000,000 Section 20. The following named sum, or so much thereof as may be necessary, is appropriated from the Solid Waste Management Fund to the Environmental Protection Agency for use in accordance with Section 22.15 of the Environmental Protection Act: For financial assistance to units of local government for operations under delegation agreements ...... 1,700,000 ARTICLE 6 Section 5. The sum of $12,000,000, or so much thereof as may be necessary, is appropriated from the Disaster Response and Recovery Fund to the Illinois Emergency Management Agency for all current and prior year expenses associated with disaster response and recovery. ARTICLE 7 Section 5. The following named sums, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to meet the ordinary and contingent expenses of the Department of Revenue: PAYABLE FROM SENIOR CITIZENS’ REAL ESTATE TAX REVOLVING FUND [April 13, 2016] 15

For payments to counties as required by the Senior Citizens Real Estate Tax Deferral Act, including prior year cost ...... 8,000,000 PAYABLE FROM RENTAL HOUSING SUPPORT PROGRAM FUND For administration of the Rental Housing Support Program ...... 1,600,000 For current and all prior years’ costs of rental assistance to the Rental Housing Support Program, administered by the Illinois Housing Development Authority ...... 43,000,000 Total $44,600,000 PAYABLE FROM ILLINOIS AFFORDABLE HOUSING TRUST FUND For administration of the Illinois Affordable Housing Act ...... 4,100,000 Section 10. The sum of $65,000,000, or so much thereof as may be necessary, is appropriated from the Illinois Affordable Housing Trust Fund to the Department of Revenue for grants, (down payment assistance, rental subsidies, security deposit subsidies, technical assistance, outreach, building an organization's capacity to develop affordable housing projects and other related purposes), mortgages, loans, or for the purpose of securing bonds pursuant to the Illinois Affordable Housing Act, administered by the Illinois Housing Development Authority. Section 15. The sum of $3,000,000, or so much thereof as may be necessary, is appropriated from the Illinois Affordable Housing Trust Fund to the Department of Revenue for grants to other state agencies for rental assistance, supportive living and adaptive housing. Section 20. The sum of $25,000,000, new appropriation, is appropriated and the sum of $15,000,000, or so much thereof as may be necessary and as remains unexpended at the close of business on June 30, 2015, from appropriations and reappropriations heretofore made in Article 35, Section 30 of Public Act 98-0679 is reappropriated from the Federal HOME Investment Trust Fund to the Department of Revenue for the Illinois HOME Investment Partnerships Program administered by the Illinois Housing Development Authority. Section 25. The sum of $8,500,000, or so much thereof as may be necessary, is appropriated from the Foreclosure Prevention Program Fund to the Department of Revenue for administration by the Illinois Housing Development Authority, for grants and administrative expenses pursuant to the Foreclosure Prevention Program. Section 30. The sum of $11,000,000, or so much thereof as may be necessary, is appropriated from the Foreclosure Prevention Program Graduated Fund to the Department of Revenue for administration by the Illinois Housing Development Authority, for grants and administrative expenses pursuant to the Foreclosure Prevention Program. Section 35. The sum of $15,000,000, or so much thereof as may be necessary, is appropriated from the Abandoned Residential Property Municipality Relief Fund to the Department of Revenue for administration by the Illinois Housing Development Authority, for grants and administrative expenses pursuant to the Abandoned Residential Property Municipality Relief Program. ARTICLE 8 Section 5. The sum of $1,200,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Illinois Criminal Justice Information Authority for the purpose of awarding grants, contracts, administrative expenses and all related costs for the Safe From the Start Program. Section 10. The amount of $1,173,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Illinois Criminal Justice Information Authority for grants and administrative expenses for Franklin County Juvenile Detention Center for Methamphetamine Pilot Program. Section 15. The amount of $12,500,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Illinois Criminal Justice Information Authority for grants and administrative expenses related to YouthBuild programming. Section 20. The sum of $8,500,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Illinois Criminal Justice Information Authority for administrative costs, awards and grants for the Adult Redeploy and Diversion Programs. ARTICLE 9 [April 13, 2016] 16

Section 5. The following named amounts, or so much thereof as may be necessary, are appropriated from the Road Fund to the Department of Transportation for the objects and purposes hereinafter named: For metropolitan planning and research purposes as provided by law, provided such amount shall not exceed funds to be made available from the federal government or local sources...... 37,000,000 For metropolitan planning and research purposes as provided by law ...... 6,000,000 Section 10. The sum of $17,570,000, or so much thereof as may be necessary, is appropriated from the Road Fund to the Department of Transportation for grants to the Regional Transportation Authority intended to reimburse the Service Boards for providing reduced fares on mass transportation services for students, handicapped persons, and the elderly, to be allocated proportionally among the Service Boards based upon actual costs incurred by each Service Board for such reduced fares. Section 15. The sum of $4,569,800, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Transportation for making a grant to the Regional Transportation Authority for the funding of the Americans with Disabilities Act of 1990 (ADA) paratransit services and for other costs and services. Section 20. The sum of $3,825,000, or so much thereof as may be necessary, is appropriated from the Road Fund to the Department of Transportation for making a grant to the Regional Transportation Authority for the funding of the Americans with Disabilities Act of 1990 (ADA) paratransit services and for other costs and services. Section 25. The sum of $40,000,000, or so much thereof as may be necessary, is appropriated from the Public Transportation Fund to the Department of Transportation for making a grant to the Regional Transportation Authority for Additional State Assistance to be used for its purposes as provided in the "Regional Transportation Authority Act", but in no event shall this amount exceed the amount provided for in Sections 4.09 (c) and 4.09 (d) with respect to Strategic Capital Improvement bonds issued by the Regional Transportation Authority pursuant to the Regional Transportation Authority Act as amended in 1989. Section 30. The sum of $91,000,000, or so much thereof as may be necessary, is appropriated from the Public Transportation Fund to the Department of Transportation for making a grant to the Regional Transportation Authority for Additional Financial Assistance to be used for its purposes as provided in the "Regional Transportation Authority Act", but in no event shall this amount exceed the amount provided for in Sections 4.09 (c-5) and 4.09 (d) with respect to Strategic Capital Improvement bonds issued by the Regional Transportation Authority pursuant to the Regional Transportation Authority Act as amended in 1999. FOR HIGHWAY SAFETY Section 35. The sum of 7,500,000, or so much thereof as may be necessary, is appropriated from the Road Fund to the Department of Transportation for local highway safety grants to county and municipal governments, state and private universities and other private entities for implementation of the Illinois Highway Safety Program under provisions of the National Highway Safety Act of 1966, as amended. FOR COMMERICIAL MOTOR CARRIER SAFETY Section 40. The sum of 100,000, or so much thereof as may be necessary, is appropriated from the Road Fund to the Department of Transportation for local highway safety grants to county and municipal governments, state and private universities and other private entities for implementation of the Commercial Motor Vehicle Safety Program under provisions of Title IV of the Surface Transportation Assistance Act of 1982, as amended by MAP-21. FOR IMPAIRED DRIVING INCENTIVE Section 45. The sum of $1,500,000, or so much thereof as may be necessary, is appropriated from the Road Fund to the Department of Transportation for local highway safety grants to county and municipal governments, state and private universities and other private entities for implementation of programs as authorized by Sections 405c or 405F of PL 112-141 (MAP-21), or Section 1906 of PL 111-59 (SAFETEA-LU) or any successor . FOR SAFETY Section 50. The sum of $2,000,000, or so much thereof as may be necessary, is appropriated from the Road Fund to the Department of Transportation for local highway safety grants to county and [April 13, 2016] 17 municipal governments, state and private universities and other private entities for implementation of the Alcohol Traffic Safety Programs of Title XXIII of the Surface Transportation Assistance Act of 1982, as amended by MAP-21. HIGHWAY SAFETY PROGRAM Section 55. The sum of $14,998,149, or so much thereof as may be necessary, and remains unexpended at the close of business on June 30, 2015, from the appropriation and reappropriation heretofore made in Article 20, Section 200, and Article 21 Section 95 of Public Act 98-0681, as amended, is reappropriated from the Road Fund to the Department of Transportation for Illinois Highway Safety Program local highway safety projects by county and municipal governments, state and private universities and other private entities. Section 60. The sum of $518,994, or so much thereof as may be necessary, and remains unexpended, less $100,000 to be lapsed from the unpaid balance, at the close of business on June 30, 2015, from the appropriation and reappropriation heretofore made in Article 20, Section 205, and Article 21, Section 100 of Public Act 98-0681, as amended, is reappropriated from the Road Fund to the Department of Transportation for implementation of the Commercial Motor Vehicle Safety Program for local highway safety projects by county and municipal governments, state and private universities and other private entities. Section 65. The sum of $11,644,626, or so much thereof as may be necessary, and remains unexpended, less $4,000,000 to be lapsed from the unpaid balance, at the close of business on June 30, 2015, from the appropriation and reappropriation heretofore made in Article 20, Section 210, and Article 21, Section 105 of Public Act 98-0681, as amended, is reappropriated from the Road Fund to the Department of Transportation for implementation of the Section 163 Impaired Driving Incentive Grant Program (.08 alcohol) for local highway safety projects by county and municipal governments, state and private universities and other private entities. Section 70. The sum of $5,458,959, or so much thereof as may be necessary, and remains unexpended, less $500,000 to be lapsed from the unpaid balance, at the close of business on June 30, 2015, from the appropriation and reappropriation heretofore made in Article 20, Section 215, and Article 21, Section 110 of Public Act 98-0681, as amended, is reappropriated from the Road Fund to the Department of Transportation for implementation of the Alcohol Traffic Safety Programs (410) for local highway safety projects by county and municipal governments, state and private universities and other private entities. Section 75. The sum of $68,734,039, or so much thereof as may be necessary, and remains unexpended at the close of business on June 30, 2015, from the appropriation and reappropriation heretofore made in Article 20, Section 115 and Article 21, Section 15 of Public Act 98-0681, as amended, is reappropriated from the Road Fund to the Department of Transportation, for metropolitan planning and research purposes as provided by law, provided such amount shall not exceed funds to be made available from the federal government or local sources. Section 80. The sum of $18,122,174, or so much thereof as may be necessary, and remains unexpended, less $2,000,000 to be lapsed from the unpaid balance, at the close of business on June 30, 2015, from the appropriations and reappropriation heretofore made in Article 20, Section 115 and Article 21, Section 20 of Public Act 98-0681, as amended, is reappropriated from the Road Fund to the Department of Transportation for metropolitan planning and research purposes as provided by law, including planning and research for the Chicago Metropolitan Agency for Planning and Land Use Planning for the South Suburban Airport. Section 85. The sum of $38,300,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Transportation for funding the State's share of intercity rail passenger service and making necessary expenditures for services and other program improvements. ARTICLE 10 Section 5. The following named sum, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, is appropriated to meet the ordinary and contingent expenses of the Department of Military Affairs: Payable from General Revenue Fund: For Lincoln’s Challenge ...... 2,765,200 ARTICLE 11 Section 5. The sum of $4,100,000, or so much thereof as may be necessary, is appropriated from the Drycleaner Environmental Response Trust Fund to the Drycleaner Environmental Response Trust Fund Council for use in accordance with the Drycleaner Environmental Response Trust Fund Act. [April 13, 2016] 18

ARTICLE 12 Section 5. The sum of $33,512,100, or so much thereof as may be necessary is appropriated from the Education Assistance Fund to the Board of Trustees of Chicago State University for ordinary and contingent expenses for the fiscal year ending June 30, 2016. ARTICLE 13 Section 5. The sum of $22,498,000, or so much thereof as may be necessary, is appropriated from the Education Assistance Fund to the Board of Trustees of Governors State University for ordinary and contingent expenses for the fiscal year ending June 30, 2016. ARTICLE 14 Section 5. The sum of $274,601,000, or so much thereof as may be necessary, is appropriated from the Education Assistance Fund to the Illinois Community College Board for distribution of base operating and equalization grants to qualifying public community colleges and the City Colleges of Chicago for educational related expenses. Section 10. The following named amount, or so much thereof as may be necessary, is appropriated to the Illinois Community College Board for all costs associated with career and technical education activities: From the General Revenue Fund ...... 17,569,400 Section 15. The following named amounts, or so much of those amounts as may be necessary, for the objects and purposes named, are appropriated to the Illinois Community College Board for adult education and literacy activities: From the General Revenue Fund: For payment of costs associated with education and educational-related services to local eligible providers for adult education and literacy ...... 21,572,400 For payment of costs associated with education and educational-related services to local eligible providers for performance-based awards ...... 10,701,600 Total $32,274,000 Section 20. The amount of $500,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Illinois Community College Board for Career and Technical Education Licensed Practical Nurse and Registered Nurse Preparation. ARTICLE 15 Section 5. The following named amounts, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated from the Education Assistance Fund to the Illinois Mathematics and Science Academy to meet ordinary and contingent expenses for the fiscal year ending June 30, 2016: For Personal Services ...... 11,855,100 For State Retirement Contributions ...... 23,000 For Retirement ...... 100 For State Contributions to Social Security, for Medicare ...... 175,500 For Contractual Services ...... 3,830,000 For Travel ...... 118,400 For Commodities ...... 291,900 For Equipment ...... 569,100 For Electronic Data Processing ...... 124,900 For Telecommunications...... 92,900 For Operation of Automotive Equipment ...... 48,300 Total $17,129,200 ARTICLE 16 Section 5. The sum of $34,500,300, or so much thereof as may be necessary, is appropriated from the Education Assistance Fund to the Board of Trustees of Northeastern Illinois University for ordinary and contingent expenses for the fiscal year ending June 30, 2016. ARTICLE 17 Section 5. The sum of $185,426,500, or so much thereof as may be necessary, is appropriated from the Education Assistance Fund to the Board of Trustees of University for [April 13, 2016] 19 ordinary and contingent expenses for the fiscal year ending June 30, 2016. ARTICLE 18 Section 5. The sum of $545,127,300, or so much thereof as may be necessary, is appropriated from the Education Assistance Fund to the Board of Trustees of University of Illinois for ordinary and contingent expenses for the fiscal year ending June 30, 2016. Section 10. The sum of $41,128,300, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Board of Trustees of the University of Illinois for operating costs and expenses related to or in support of the University of Illinois Hospital. Section 15. The following named amounts, or so much thereof as may be necessary, respectively, for the objects and purposes hereinafter named, are appropriated to the Board of Trustees of the University of Illinois to meet ordinary and contingent expenses for the fiscal year ending June 30, 2016: Payable from the Education Assistance Fund: For costs associated with the School of Labor and Employment Relations: For degree programs ...... 641,600 For certificate programs ...... 502,700 Total $1,144,300 ARTICLE 19 Section 5. The sum of $40,182,200, or so much thereof as may be necessary, is appropriated from the Education Assistance Fund to the Board of Trustees of Eastern Illinois University for ordinary and contingent expenses for the fiscal year ending June 30, 2016. ARTICLE 20 Section 5. The sum of $67,532,000, or so much thereof as may be necessary, is appropriated from the Education Assistance Fund to the Board of Trustees of Illinois State University for ordinary and contingent expenses for the fiscal year ending June 30, 2016. ARTICLE 21 Section 5. The sum of $397,073,100, or so much thereof as may be necessary, is appropriated to the Illinois Student Assistance Commission from the General Revenue Fund for grant awards to students eligible for the Monetary Award Program, as provided by law, and for agency administrative and operational costs not to exceed 2 percent of the total appropriation in this Section. ARTICLE 22 Section 5. The sum of $85,171,700, or so much thereof as may be necessary, is appropriated from the Education Assistance Fund to the Board of Trustees of University for ordinary and contingent expenses for the fiscal year ending June 30, 2016. ARTICLE 23 Section 5. The sum of $48,101,300, or so much thereof as may be necessary, is appropriated from the Education Assistance Fund to the Board of Trustees of Western Illinois University for ordinary and contingent expenses for the fiscal year ending June 30, 2016. ARTICLE 24 Section 5. The sum of $74,547,045, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Capital Development Board for grants to school districts for school construction projects authorized by the School Construction Law: Hazel Crest School District 152.5 ...... 3,538,509 Mundelein High School District 120 ...... 8,286,402 Knoxville Community Unit School District 202 ...... 2,029,495 Grand Ridge Community Consolidated School District 95 ...... 1,454,044 East Peoria School District 86 ...... 3,341,553 Pleasant Plains Community Unit School District ...... 2,391,051 Meridian Community Unit School District 15 ...... 2,572,946 South Central Community Unit School District 401 ...... 8,280,170 Flora Community Unit School District 35 ...... 4,064,105 Wayne City Community Unit School District 100 ...... 11,574,024 Chester Community Unit School District 139 ...... 650,932 Marion Community Unit School District 2 ...... 17,066,781 Meridian Community Unit School District 101 ...... 3,737,676 [April 13, 2016] 20

Mt. Vernon Township High School District 201 ...... 5,559,357 ARTICLE 25 Section 5. The sum of $15,000,000, or so much thereof as may be necessary, is appropriated to the Metropolitan Pier and Exposition Authority from the Metropolitan Pier and Exposition Authority Incentive Fund for Fiscal Year 2016 for certified incentives paid to conventions, meetings and trade shows held at the McCormick Place Convention Center and Navy Pier complexes during Fiscal Year 2016. ARTICLE 26 Section 5. The amount of $1,372,500, or so much thereof as may be necessary, is appropriated to the Illinois Power Agency from the Illinois Power Agency Trust Fund for deposit into the Illinois Power Agency Operations Fund pursuant to subsection (c) of Section 6z-75 of the State Finance Act. Section 10. The amount of $50,000,000, or so much thereof as may be necessary, is appropriated to the Illinois Power Agency from the Illinois Power Agency Renewable Energy Resources Fund for funding of current and prior fiscal year purchases of renewable energy resources and related expenses, including the refund of bidder deposit fees and overpayments of alternative compliance payments, pursuant to subsections (b), (c), and (i) of Section 1-56 of the Illinois Power Agency Act. ARTICLE 27 Section 5. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated to the Department of Commerce and Economic Opportunity: OFFICE OF TOURISM OPERATIONS Payable from the Tourism Promotion Fund: For advertising and promotion of Tourism throughout Illinois Under Subsection (2) of Section 4a of the Illinois Promotion Act, and grants including prior year costs ...... 19,452,000 For Advertising and Promotion of Illinois Tourism in International Markets, including prior years costs… ...... 5,240,500 Total $24,692,500 Section 10. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated to the Department of Commerce and Economic Opportunity: OFFICE OF TOURISM GRANTS Payable from the Tourism Promotion Fund: For the Tourism Matching Grant Program Pursuant to 20 ILCS 665/8-1 for Counties under 1,000,000 ...... 1,828,400 For the Tourism Matching Grant Program Pursuant to 20 ILCS 665/8-1 for Counties over 1,000,000 ...... 1,096,600 For the Tourism Attraction Development Grant Program Pursuant to 20 ILCS 665/8a ...... 2,064,600 For Purposes Pursuant to the Illinois Promotion Act, 20 ILCS 665/4a-1 to Match Funds from Sources in the Private Sector 1,000,000 For Grants, Contracts and Administrative Expenses Associated with the Development of the Illinois Grape and Wine Industry, including prior year costs ...... 150,000 Total $6,139,600 The Department, with the consent in writing from the Governor, may reapportion not more than ten percent of the total appropriation of Tourism Promotion Fund, in Section 10 above, among the various purposes therein recommended. Payable from Local Tourism Fund: For grants, contracts, and administrative expenses associated with the [April 13, 2016] 21

Local Tourism and Convention Bureau Program pursuant to 20 ILCS 605/605-705 including prior year costs ...... 308,000 ARTICLE 28 Section 5. “AN ACT concerning appropriations”, Public Act 99-409, approved August 20, 2015, is amended by changing Section 35 of Article 16 as follows: (P.A. 99-409, Art. 16, Sec. 35) Section 35. The following named amounts, or so much thereof as may be necessary, respectively, are appropriated to the Department of Commerce and Economic Opportunity: ILLINOIS ENERGY OFFICE GRANTS Payable from the DCEO Energy Projects Fund: For Expenses and Grants Connected with Energy Programs, including prior year costs ...... 15,000,000 3,000,000 Payable from the Federal Energy Fund: For Expenses and Grants Connected with the State Energy Program, including prior year costs ...... 3,000,000 ARTICLE 29 Section 5. The following named amounts are appropriated from the General Revenue Fund to the Court of Claims to pay claims in conformity with awards and recommendations made by the Court of Claims as follows: No. 15-CC-0076, Matthew Wojtaszek, unjust imprisonment ...... 5,000 No. 15-CC-3248, Christopher Coleman, unjust imprisonment ...... 220,732 No. 15-CC-3467, Lewis Gardner, unjust imprisonment ...... 220,732 No. 15-CC-3468, Paul Phillips, unjust imprisonment ...... 220,732 No. 15-CC-3662, Michael Winston, unjust imprisonment ...... 188,423 No. 15-CC-3674, David Bates, unjust imprisonment ...... 188,423 No. 15-CC-3946, Brian M. Kayer, unjust imprisonment ...... $5,000 No. 16-CC-0001, Angel Gonzalez, unjust imprisonment ...... 220,732 No. 16-CC-2054, Daniel Andersen, unjust imprisonment ...... 220,732 No. 16-CC-1334, Cortez Murphy, unjust imprisonment ...... 13,500 ARTICLE 30 Section 5. The amount of $28,000,000, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Illinois State Board of Education for Student Assessments, including Bilingual Assessments. ARTICLE 31 Section 5. The sum of $4,500,000, or so much thereof as may be necessary, is appropriated to the Department of Agriculture from the Partners for Conservation Fund for the Partners for Conservation Program to implement agricultural resource enhancement programs for Illinois’ natural resources, including operational expenses, consisting of the following elements at the approximate costs set forth below: Conservation Practices Cost Sharing Program ...... 3,900,000 Sustainable Agriculture Program ...... 300,000 Streambank Restoration ...... 300,000 Section 10. The following named amount, or so much thereof as may be necessary, is appropriated to the Department of Agriculture for: [April 13, 2016] 22

LAND AND WATER RESOURCES PROGRAMS Payable from the Partners for Conservation Fund: For grants to Soil and Water Conservation Districts for clerical and other personnel, for education and promotional assistance, and for expenses of Soil and Water Conservation District Boards and Administrative Expenses ...... 3,000,000 ARTICLE 32 Section 5. The sum of $5,190, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Agriculture for Personal Services and State Contributions to Social Security; including prior year costs, at the approximate costs below: For Personal Services ...... 4,840 For State Contributions to Social Security ...... 350 Section 10. The sum of $7,940, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Central Management Services for Personal Services and State Contributions to Social Security; including prior year costs, at the approximate costs below: For Personal Services ...... 7,410 For State Contributions to Social Security ...... 530 Section 15. The sum of $1,260, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Environmental Protection Agency for Personal Services and State Contributions to Social Security; including prior year costs, at the approximate costs below: For Personal Services ...... 1,170 For State Contributions to Social Security ...... 90 Section 20. The sum of $7,360, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Financial and Professional for Personal Services and State Contributions to Social Security; including prior year costs, at the approximate costs below: For Personal Services ...... 6,830 For State Contributions to Social Security ...... 530 Section 25. The sum of $14,110, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Illinois Gaming Board for Personal Services and State Contributions to Social Security; including prior year costs, at the approximate costs below: For Personal Services ...... 13,250 For State Contributions to Social Security ...... 860 Section 30. The sum of $11,490, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Insurance for Personal Services and State Contributions to Social Security; including prior year costs, at the approximate costs below: For Personal Services ...... 10,670 For State Contributions to Social Security ...... 820 Section 35. The sum of $1,271,290, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Natural Resources for Personal Services and State Contributions to Social Security; including prior year costs, at the approximate costs below: For Personal Services ...... 1,202,770 For State Contributions to Social Security ...... 68,520 Section 40. The sum of $10,060, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Revenue for Personal Services and State Contributions to Social Security; including prior year costs, at the approximate costs below: For Personal Services ...... 9,340 For State Contributions to Social Security ...... 720 Section 45. The sum of $27,110, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Children and Family Services for Personal Services and State Contributions to Social Security; including prior year costs, at the approximate costs below: For Personal Services ...... 24,500 For State Contributions to Social Security ...... 2,610 Section 50. The sum of $30,010, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Human Rights for Personal Services and State Contributions to Social Security; including prior year costs, at the approximate costs below: [April 13, 2016] 23

For Personal Services ...... 27,870 For State Contributions to Social Security ...... 2,140 Section 55. The sum of $37,160, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Healthcare and Family Services for Personal Services and State Contributions to Social Security; including prior year costs, at the approximate costs below: For Personal Services ...... 34,510 For State Contributions to Social Security ...... 2,650 Section 60. The sum of $17,050,280, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Human Services for Personal Services and State Contributions to Social Security; including prior year costs, at the approximate costs below: For Personal Services ...... 15,840,750 For State Contributions to Social Security ...... 1,209,530 Section 65. The sum of $987,180, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Public Health for Personal Services and State Contributions to Social Security; including prior year costs, at the approximate costs below: For Personal Services ...... 917,020 For State Contributions to Social Security ...... 70,160 Section 70. The sum of $40,663,720, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Corrections for Personal Services and State Contributions to Social Security; including prior year costs, at the approximate costs below: For Personal Services ...... 37,773,410 For State Contributions to Social Security ...... 2,890,310 Section 75. The sum of $3,380, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Illinois Emergency Management Agency for Personal Services and State Contributions to Social Security; including prior year costs, at the approximate costs below: For Personal Services ...... 3,150 For State Contributions to Social Security ...... 230 Section 80. The sum of $3,108,290, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of Juvenile Justice for Personal Services and State Contributions to Social Security; including prior year costs, at the approximate costs below: For Personal Services ...... 2,925,940 For State Contributions to Social Security ...... 182,350 Section 85. The sum of $19,920, or so much thereof as may be necessary, is appropriated from the General Revenue Fund to the Department of State Police for Personal Services and State Contributions to Social Security; including prior year costs, at the approximate costs below: For Personal Services ...... 18,500 For State Contributions to Social Security ...... 1,420 ARTICLE 997 Section 997. All appropriation authority granted in this Act shall be used only for costs for services for which spending authority has not been authorized for fiscal year 2016 by any order of any court. ARTICLE 998 Section 998. The appropriation authority granted in this Act shall be valid for costs incurred prior to July 1, 2016. ARTICLE 999 Section 999. Effective date. This Act takes effect upon becoming law.”.

Under the rules, the foregoing Senate Bill No. 2046, with House Amendment No. 1, was referred to the Secretary’s Desk.

A message from the House by Mr. Mapes, Clerk: Mr. President -- I am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to-wit: HOUSE BILL NO. 4315 A bill for AN ACT concerning transportation. HOUSE BILL NO. 4604 [April 13, 2016] 24

A bill for AN ACT concerning wildlife. HOUSE BILL NO. 5539 A bill for AN ACT concerning State government. HOUSE BILL NO. 6074 A bill for AN ACT concerning civil law. HOUSE BILL NO. 6333 A bill for AN ACT concerning education. Passed the House, April 12, 2016.

TIMOTHY D. MAPES, Clerk of the House

The foregoing House Bills Numbered 4315, 4604, 5539, 6074 and 6333 were taken up, ordered printed and placed on first reading.

A message from the House by Mr. Mapes, Clerk: Mr. President -- I am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to-wit: HOUSE BILL NO. 4336 A bill for AN ACT concerning local government. HOUSE BILL NO. 4367 A bill for AN ACT concerning education. HOUSE BILL NO. 4395 A bill for AN ACT concerning local government. HOUSE BILL NO. 4433 A bill for AN ACT concerning transportation. HOUSE BILL NO. 4966 A bill for AN ACT concerning regulation. Passed the House, April 12, 2016.

TIMOTHY D. MAPES, Clerk of the House

The foregoing House Bills Numbered 4336, 4367, 4395, 4433 and 4966 were taken up, ordered printed and placed on first reading.

A message from the House by Mr. Mapes, Clerk: Mr. President -- I am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to-wit: HOUSE BILL NO. 4369 A bill for AN ACT concerning transportation. HOUSE BILL NO. 4379 A bill for AN ACT concerning local government. HOUSE BILL NO. 4394 A bill for AN ACT concerning local government. HOUSE BILL NO. 4449 A bill for AN ACT concerning business organizations. HOUSE BILL NO. 5610 A bill for AN ACT concerning local government. Passed the House, April 12, 2016.

TIMOTHY D. MAPES, Clerk of the House

The foregoing House Bills Numbered 4369, 4379, 4394, 4449 and 5610 were taken up, ordered printed and placed on first reading.

A message from the House by [April 13, 2016] 25

Mr. Mapes, Clerk: Mr. President -- I am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to-wit: HOUSE BILL NO. 4391 A bill for AN ACT concerning local government. HOUSE BILL NO. 5656 A bill for AN ACT concerning State government. HOUSE BILL NO. 5696 A bill for AN ACT concerning civil law. HOUSE BILL NO. 5901 A bill for AN ACT concerning education. HOUSE BILL NO. 6010 A bill for AN ACT concerning transportation. Passed the House, April 12, 2016.

TIMOTHY D. MAPES, Clerk of the House

The foregoing House Bills Numbered 4391, 5656, 5696, 5901 and 6010 were taken up, ordered printed and placed on first reading.

A message from the House by Mr. Mapes, Clerk: Mr. President -- I am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to-wit: HOUSE BILL NO. 4423 A bill for AN ACT concerning local government. HOUSE BILL NO. 4590 A bill for AN ACT concerning civil law. HOUSE BILL NO. 4688 A bill for AN ACT concerning the environment. HOUSE BILL NO. 5009 A bill for AN ACT concerning regulation. Passed the House, April 12, 2016.

TIMOTHY D. MAPES, Clerk of the House

The foregoing House Bills Numbered 4423, 4590, 4688 and 5009 were taken up, ordered printed and placed on first reading.

A message from the House by Mr. Mapes, Clerk: Mr. President -- I am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to-wit: HOUSE BILL NO. 4576 A bill for AN ACT concerning health. HOUSE BILL NO. 5683 A bill for AN ACT concerning government. HOUSE BILL NO. 6083 A bill for AN ACT concerning the disclosure of information. HOUSE BILL NO. 6131 A bill for AN ACT concerning education. HOUSE BILL NO. 6182 A bill for AN ACT concerning transportation. Passed the House, April 12, 2016.

TIMOTHY D. MAPES, Clerk of the House [April 13, 2016] 26

The foregoing House Bills Numbered 4576, 5683, 6083, 6131 and 6182 were taken up, ordered printed and placed on first reading.

A message from the House by Mr. Mapes, Clerk: Mr. President -- I am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to-wit: HOUSE BILL NO. 4826 A bill for AN ACT concerning aging. HOUSE BILL NO. 5538 A bill for AN ACT concerning domestic violence. HOUSE BILL NO. 5635 A bill for AN ACT concerning health. HOUSE BILL NO. 5805 A bill for AN ACT concerning criminal law. HOUSE BILL NO. 6287 A bill for AN ACT concerning health. Passed the House, April 12, 2016.

TIMOTHY D. MAPES, Clerk of the House

The foregoing House Bills Numbered 4826, 5538, 5635, 5805 and 6287 were taken up, ordered printed and placed on first reading.

A message from the House by Mr. Mapes, Clerk: Mr. President -- I am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to-wit: HOUSE BILL NO. 5660 A bill for AN ACT concerning finance. HOUSE BILL NO. 5720 A bill for AN ACT concerning education. HOUSE BILL NO. 5723 A bill for AN ACT concerning transportation. HOUSE BILL NO. 5949 A bill for AN ACT concerning regulation. HOUSE BILL NO. 6252 A bill for AN ACT concerning education. Passed the House, April 12, 2016.

TIMOTHY D. MAPES, Clerk of the House

The foregoing House Bills Numbered 5660, 5720, 5723, 5949 and 6252 were taken up, ordered printed and placed on first reading.

JOINT ACTION MOTION FILED

The following Joint Action Motion to the Senate Bill listed below has been filed with the Secretary and referred to the Committee on Assignments:

Motion to Concur in House Amendment 1 to Senate Bill 2046

READING BILLS FROM THE HOUSE OF REPRESENTATIVES A FIRST TIME

[April 13, 2016] 27

House Bill No. 4336, sponsored by Senator T. Cullerton, was taken up, read by title a first time and referred to the Committee on Assignments.

House Bill No. 4360, sponsored by Senator Van Pelt, was taken up, read by title a first time and referred to the Committee on Assignments.

House Bill No. 4367, sponsored by Senator Bush, was taken up, read by title a first time and referred to the Committee on Assignments.

House Bill No. 4379, sponsored by Senator T. Cullerton, was taken up, read by title a first time and referred to the Committee on Assignments.

House Bill No. 4394, sponsored by Senator Weaver, was taken up, read by title a first time and referred to the Committee on Assignments.

House Bill No. 4395, sponsored by Senator Weaver, was taken up, read by title a first time and referred to the Committee on Assignments.

House Bill No. 4423, sponsored by Senator Harris, was taken up, read by title a first time and referred to the Committee on Assignments.

House Bill No. 4433, sponsored by Senator Morrison, was taken up, read by title a first time and referred to the Committee on Assignments.

House Bill No. 4576, sponsored by Senator Mulroe, was taken up, read by title a first time and referred to the Committee on Assignments.

House Bill No. 4826, sponsored by Senator Radogno, was taken up, read by title a first time and referred to the Committee on Assignments.

House Bill No. 5539, sponsored by Senator Harmon, was taken up, read by title a first time and referred to the Committee on Assignments.

House Bill No. 5660, sponsored by Senator Mulroe, was taken up, read by title a first time and referred to the Committee on Assignments.

House Bill No. 5683, sponsored by Senator Nybo, was taken up, read by title a first time and referred to the Committee on Assignments.

House Bill No. 5723, sponsored by Senator Harris, was taken up, read by title a first time and referred to the Committee on Assignments.

House Bill No. 5788, sponsored by Senator Luechtefeld, was taken up, read by title a first time and referred to the Committee on Assignments.

House Bill No. 5901, sponsored by Senator Martinez, was taken up, read by title a first time and referred to the Committee on Assignments.

House Bill No. 5949, sponsored by Senator Martinez, was taken up, read by title a first time and referred to the Committee on Assignments.

House Bill No. 6010, sponsored by Senator Mulroe, was taken up, read by title a first time and referred to the Committee on Assignments.

House Bill No. 6083, sponsored by Senator Luechtefeld, was taken up, read by title a first time and referred to the Committee on Assignments.

House Bill No. 6182, sponsored by Senator Bush, was taken up, read by title a first time and referred to the Committee on Assignments. [April 13, 2016] 28

House Bill No. 6287, sponsored by Senator Mulroe, was taken up, read by title a first time and referred to the Committee on Assignments.

House Bill No. 6333, sponsored by Senator Koehler, was taken up, read by title a first time and referred to the Committee on Assignments.

REPORT FROM STANDING COMMITTEE

Senator Muñoz, Chairperson of the Committee on Executive Appointments, to which was referred Appointment Messages Numbered 990149, 990150, 990152, 990155, 990156, 990157, 990158, 990159, 990160, 990161, 990170, 990172, 990173, 990175, 990183, 990184, 990190, 990195, 990196, 990210, 990212, 990214, 990232, 990244, 990245, 990364, 990367, 990402 and 990446, reported the same back with the recommendation that the Senate do advise and consent. Under the rules, the foregoing appointment messages are eligible for consideration by the Senate.

Senator Muñoz, Chairperson of the Committee on Executive Appointments, to which was referred Appointment Message No. 990233, reported the same back without recommendation. Under the rules, the foregoing appointment message is eligible for consideration by the Senate.

LEGISLATIVE MEASURES FILED

The following Committee amendments to the Senate Bills listed below have been filed with the Secretary and referred to the Committee on Assignments:

Committee Amendment No. 1 to Senate Bill 2148 Committee Amendment No. 1 to Senate Bill 2549 Committee Amendment No. 1 to Senate Bill 3267

The following Floor amendments to the Senate Bills listed below have been filed with the Secretary and referred to the Committee on Assignments:

Floor Amendment No. 2 to Senate Bill 212 Floor Amendment No. 1 to Senate Bill 321 Floor Amendment No. 1 to Senate Bill 388 Floor Amendment No. 1 to Senate Bill 389 Floor Amendment No. 1 to Senate Bill 462 Floor Amendment No. 1 to Senate Bill 574 Floor Amendment No. 4 to Senate Bill 2433 Floor Amendment No. 1 to Senate Bill 2437 Floor Amendment No. 2 to Senate Bill 2588 Floor Amendment No. 1 to Senate Bill 2677 Floor Amendment No. 1 to Senate Bill 2746 Floor Amendment No. 1 to Senate Bill 2817 Floor Amendment No. 1 to Senate Bill 2818 Floor Amendment No. 1 to Senate Bill 2903 Floor Amendment No. 1 to Senate Bill 2912 Floor Amendment No. 2 to Senate Bill 2921 Floor Amendment No. 1 to Senate Bill 2980 Floor Amendment No. 3 to Senate Bill 3011 Floor Amendment No. 1 to Senate Bill 3049 Floor Amendment No. 1 to Senate Bill 3284

The following Floor amendment to the House Bill listed below has been filed with the Secretary and referred to the Committee on Assignments:

Floor Amendment No. 1 to House Bill 1288 [April 13, 2016] 29

At the hour of 12:30 o’clock p.m., President Cullerton, presiding, for the purpose of an introduction.

At the hour of 12:39 o’clock p.m., Senator Link, presiding.

REPORTS FROM COMMITTEE ON ASSIGNMENTS

Senator Clayborne, Chairperson of the Committee on Assignments, during its April 13, 2016 meeting, reported the following Legislative Measures have been assigned to the indicated Standing Committees of the Senate:

Criminal Law: Floor Amendment No. 2 to Senate Bill 210.

Energy and Public Utilities: Floor Amendment No. 1 to Senate Bill 321.

Executive: Committee Amendment No. 1 to Senate Bill 2148; Committee Amendment No. 1 to Senate Bill 2399; Floor Amendment No. 1 to Senate Bill 2420; Committee Amendment No. 1 to Senate Bill 2549; Floor Amendment No. 1 to Senate Bill 2903; Committee Amendment No. 1 to Senate Bill 3267; SENATE BILL 3112.

Financial Institutions: Floor Amendment No. 1 to Senate Bill 2677.

Licensed Activities and Pensions: Floor Amendment No. 1 to Senate Bill 462; Floor Amendment No. 4 to Senate Bill 2433; Floor Amendment No. 2 to Senate Bill 2900.

Local Government: Floor Amendment No. 1 to Senate Bill 388; Floor Amendment No. 1 to Senate Bill 389.

Revenue: Floor Amendment No. 1 to Senate Bill 3049.

Senator Clayborne, Chairperson of the Committee on Assignments, during its April 13, 2016 meeting, reported that the Committee recommends that Senate Bill No. 3005 be re-referred from the Committee on Criminal Law to the Committee on Executive.

Senator Clayborne, Chairperson of the Committee on Assignments, during its April 13, 2016 meeting, reported that the Committee recommends that Senate Bill No. 2964 be re-referred from the Committee on Labor to the Committee on Executive.

Senator Clayborne, Chairperson of the Committee on Assignments, during its April 13, 2016 meeting, to which was referred Senate Bills Numbered 574 and 575 on January 7, 2016, pursuant to Rule 3-9(b), reported that the Committee recommends that the bills be approved for consideration and returned to the calendar in their former position. The report of the Committee was concurred in. And Senate Bills Numbered 574 and 575 were returned to the order of third reading.

Senator Clayborne, Chairperson of the Committee on Assignments, during its April 13, 2016 meeting, to which was referred Senate Bills Numbered 576, 577, 578, 1041, 1047, 1049 and 1058 on October 10, 2015, pursuant to Rule 3-9(b), reported that the Committee recommends that the bills be approved for consideration and returned to the calendar in their former position. The report of the Committee was concurred in. And Senate Bills Numbered 576, 577, 578, 1041, 1047, 1049 and 1058 were returned to the order of third reading.

[April 13, 2016] 30

Senator Clayborne, Chairperson of the Committee on Assignments, during its April 13, 2016 meeting, to which was referred Senate Bills Numbered 241, 579, 580, 581, 582, 583, 584, 585, 586, 587, 588, 589, 911, 912, 951, 952, 969, 972, 974, 1048, 1050, 1051, 1052, 1053, 1054, 1055, 1056 and 1059 on April 21, 2015, reported that the Committee recommends that the bills be approved for consideration and returned to the calendar in their former position. The report of the Committee was concurred in. And Senate Bills Numbered 241, 579, 580, 581, 582, 583, 584, 585, 586, 587, 588, 589, 911, 912, 951, 952, 969, 972, 974, 1048, 1050, 1051, 1052, 1053, 1054, 1055, 1056 and 1059 were returned to the order of third reading.

Senator Clayborne, Chairperson of the Committee on Assignments, during its April 13, 2016 meeting, to which was referred Senate Bills Numbered 2688, 2701, 3051, 3052 and 3401 on April 7, 2016, reported that the Committee recommends that the bills be approved for consideration and returned to the calendar in their former position. The report of the Committee was concurred in. And Senate Bills Numbered 2688, 2701, 3051, 3052 and 3401 were returned to the order of third reading.

Senator Clayborne, Chairperson of the Committee on Assignments, during its April 13, 2016 meeting, reported that the following Legislative Measure has been approved for consideration:

Floor Amendment No. 2 to Senate Bill 2588

The foregoing floor amendment was placed on the Secretary’s Desk.

Senator Clayborne, Chairperson of the Committee on Assignments, during its April 26, 2016 meeting, reported that the following Legislative Measure has been approved for consideration:

Motion to Concur in House Amendment 1 to Senate Bill 2046

The foregoing concurrence was placed on the Secretary’s Desk.

Pursuant to Senate Rule 3-8 (b-1), the following amendments will remain in the Committee on Assignments: Floor Amendment No. 2 to Senate Bill 212

Senator Clayborne, Chairperson of the Committee on Assignments, during its April 13, 2016 meeting, to which was referred Appointment Messages Numbered 990454, 990457, 990458, 990459, 990460, 990461 and 990462, reported that the Committee recommends that the messages be approved for consideration and placed on the Senate Calendar. Under the rules, the foregoing appointment messages are eligible for consideration by the Senate.

COMMITTEE MEETING ANNOUNCEMENT

The Chair announced the following committees to meet at 2:00 o'clock p.m.:

Executive in Room 212 Licensed Activities and Pensions in Room 400

The Chair announced the following committee to meet at 3:30 o'clock p.m.:

Criminal Law in Room 400

[April 13, 2016] 31

The Chair announced the following committee to meet at 4:00 o'clock p.m.:

Local Government in Room 212

The Chair announced the following committee to meet at 5:30 o'clock p.m.:

Revenue in Room 212

ANNOUNCEMENT

The Chair announced that the deadline for filing Floor amendments to Senate Bills is Friday, April 15, 2016 at 12:00 o’clock noon.

COMMITTEE MEETING ANNOUNCEMENT FOR APRIL 14, 2016

The Chair announced the following committee to meet at 11:00 o'clock a.m.:

Energy and Public Utilities in Room 212

Senator Rose asked and obtained unanimous consent to recess for the purpose of a Republican caucus.

READING BILLS OF THE SENATE A SECOND TIME

On motion of Senator Martinez, Senate Bill No. 2984 having been printed, was taken up, read by title a second time. The following amendment was offered in the Committee on Licensed Activities and Pensions, adopted and ordered printed:

AMENDMENT NO. 1 TO SENATE BILL 2984 AMENDMENT NO. 1 . Amend Senate Bill 2984 on page 2, by replacing line 1 with the following: "the Department. Upon approval by the Department, time spent in such study under the of".

There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed, and the bill, as amended, was ordered to a third reading.

On motion of Senator Martinez, Senate Bill No. 2985 having been printed, was taken up, read by title a second time and ordered to a third reading.

On motion of Senator Bush, Senate Bill No. 2990 having been printed, was taken up, read by title a second time. Committee Amendment No. 1 was held in the Committee on Assignments. Senator Bush offered the following amendment and moved its adoption:

AMENDMENT NO. 2 TO SENATE BILL 2990 AMENDMENT NO. 2 . Amend Senate Bill 2990 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by changing Sections 5-1, 7-04, 7-1, 7-2a, 7-4, 7-4.1, 7-5, 7- 6, 7-7, 7-8, 7-9, 7-10, 7-11, 7-12, 7-14A, 7-29, 12-24, 16-2, and 32-4.6 and by adding Sections 7-01a, 7- 01b, 7-10.5, 7-31, and 10-22.35B as follows: (105 ILCS 5/5-1) (from Ch. 122, par. 5-1) Sec. 5-1. County school units. (a) The territory in each county, exclusive of any school district governed by any special act which requires the district to appoint its own school treasurer, shall constitute a county school unit. County school [April 13, 2016] 32 units of less than 2,000,000 inhabitants shall be known as Class I county school units and the office of township trustees, where existing on July 1, 1962, in such units shall be abolished on that date and all books and records of such former township trustees shall be forthwith thereafter transferred to the county board of school trustees. County school units of 2,000,000 or more inhabitants shall be known as Class II county school units and shall retain the office of township trustees unless otherwise provided in subsection (b) or (c). (b) Notwithstanding subsections (a) and (c), the school board of any elementary school district having a fall, 1989 aggregate enrollment of at least 2,500 but less than 6,500 pupils and having boundaries that are coterminous with the boundaries of a high school district, and the school board of any high school district having a fall, 1989 aggregate enrollment of at least 2,500 but less than 6,500 pupils and having boundaries that are coterminous with the boundaries of an elementary school district, may, whenever the territory of such school district forms a part of a Class II county school unit, by proper resolution withdraw such school district from the jurisdiction and authority of the trustees of schools of the township in which such school district is located and from the jurisdiction and authority of the township treasurer in such Class II county school unit; provided that the school board of any such school district shall, upon the adoption and passage of such resolution, thereupon elect or appoint its own school treasurer as provided in Section 8-1. Upon the adoption and passage of such resolution and the election or appointment by the school board of its own school treasurer: (1) the trustees of schools in such township shall no longer have or exercise any powers and duties with respect to the school district governed by such school board or with respect to the school business, operations or assets of such school district; and (2) all books and records of the township trustees relating to the school business and affairs of such school district shall be transferred and delivered to the school board of such school district. Upon the effective date of this amendatory Act of 1993, the legal title to, and all right, title and interest formerly held by the township trustees in any school buildings and school sites used and occupied by the school board of such school district for school purposes, that legal title, right, title and interest thereafter having been transferred to and vested in the regional board of school trustees under P.A. 87-473 until the abolition of that regional board of school trustees by P.A. 87-969, shall be deemed transferred by operation of law to and shall vest in the school board of that school district. Notwithstanding subsections (a) and (c), the school boards of Oak Park & River Forest District 200, Oak Park Elementary School District 97, and River Forest School District 90 may, by proper resolution, withdraw from the jurisdiction and authority of the trustees of schools of Proviso and Cicero Townships and the township treasurer, provided that the school board shall, upon the adoption and passage of the resolution, elect or appoint its own school treasurer as provided in Section 8-1 of this Code. Upon the adoption and passage of the resolution and the election or appointment by the school board of its own school treasurer: (1) the trustees of schools in the township or townships shall no longer have or exercise any powers or duties with respect to the school district or with respect to the school business, operations, or assets of the school district; (2) all books and records of the trustees of schools and all moneys, securities, loanable funds, and other assets relating to the school business and affairs of the school district shall be transferred and delivered to the school board; and (3) all legal title to and all right, title, and interest formerly held by the trustees of schools in any common school lands, school buildings, or school sites used and occupied by the school board and all rights of property and causes of action pertaining to or constituting a part of the common school lands, buildings, or sites shall be deemed transferred by operation of law to and shall vest in the school board. Notwithstanding subsections (a) and (c), the respective school boards of Berwyn North School District 98, Berwyn South School District 100, Cicero School District 99, and J.S. Morton High School District 201 may, by proper resolution, withdraw from the jurisdiction and authority of the trustees of schools of Cicero Township and the township treasurer, provided that the school board shall, upon the adoption and passage of the resolution, elect or appoint its own school treasurer as provided in Section 8-1 of this Code. Upon the adoption and passage of the resolution and the election or appointment by the school board of its own school treasurer: (1) the trustees of schools in the township shall no longer have or exercise any powers or duties with respect to the school district or with respect to the school business, operations, or assets of the school district; (2) all books and records of the trustees of schools and all moneys, securities, loanable funds, and other assets relating to the school business and affairs of the school district shall be transferred and delivered to the school board; and (3) all legal title to and all right, title, and interest formerly held by the trustees of schools in any common school lands, school buildings, or school sites used and occupied by the school board and all rights of property and causes of action pertaining to or constituting a part of the common school lands, buildings, or sites shall be deemed transferred by operation of law to and shall vest in the school board.

[April 13, 2016] 33

(c) Notwithstanding the provisions of subsection (a), the offices of township treasurer and trustee of schools of any township located in a Class II county school unit shall be abolished as provided in this subsection if all of the following conditions are met: (1) During the same 30 day period, each school board of each elementary and unit school district that is subject to the jurisdiction and authority of the township treasurer and trustees of schools of the township in which those offices are sought to be abolished gives written notice by certified mail, return receipt requested to the township treasurer and trustees of schools of that township of the date of a meeting of the school board, to be held not more than 90 nor less than 60 days after the date when the notice is given, at which meeting the school board is to consider and vote upon the question of whether

there shall be submitted to the electors of the school district a proposition to abolish the offices of township treasurer and trustee of schools of that township. None of the notices given under this paragraph to the township treasurer and trustees of schools of a township shall be deemed sufficient or in compliance with the requirements of this paragraph unless all of those notices are given within the same 30 day period.

(2) Each school board of each elementary and unit school district that is subject to the jurisdiction and authority of the township treasurer and trustees of schools of the township in which those offices are sought to be abolished, by the affirmative vote of at least 5 members of the school board at a school board meeting of which notice is given as required by paragraph (1) of this subsection, adopts a resolution requiring the secretary of the school board to certify to the proper election authorities for submission to the electors of the school district at the next consolidated election in accordance with the general election law a proposition to abolish the offices of township treasurer and trustee of schools of that township. None of the resolutions adopted under this paragraph by any elementary or unit school

districts that are subject to the jurisdiction and authority of the township treasurer and trustees of schools of the township in which those offices are sought to be abolished shall be deemed in compliance with the requirements of this paragraph or sufficient to authorize submission of the proposition to abolish those offices to a referendum of the electors in any such school district unless all of the school boards of all of the elementary and unit school districts that are subject to the jurisdiction and authority of the township treasurer and trustees of schools of that township adopt such a resolution in accordance with the provisions of this paragraph.

(3) The school boards of all of the elementary and unit school districts that are subject to the jurisdiction and authority of the township treasurer and trustees of schools of the township in which those offices are sought to be abolished submit a proposition to abolish the offices of township treasurer and trustee of schools of that township to the electors of their respective school districts at the same consolidated election in accordance with the general election law, the ballot in each such district to be in substantially the following form:

------OFFICIAL BALLOT Shall the offices of township treasurer and YES trustee of ------schools of Township ..... NO Range ..... be abolished? ------(4) At the consolidated election at which the proposition to abolish the offices of township treasurer and trustee of schools of a township is submitted to the electors of each elementary and unit school district that is subject to the jurisdiction and authority of the township treasurer and

trustee of schools of that township, a majority of the electors voting on the proposition in each such elementary and unit school district votes in favor of the proposition as submitted to them.

If in each elementary and unit school district that is subject to the jurisdiction and authority of the township treasurer and trustees of schools of the township in which those offices are sought to be abolished a majority of the electors in each such district voting at the consolidated election on the proposition to abolish the offices of township treasurer and trustee of schools of that township votes in favor of the proposition as submitted to them, the proposition shall be deemed to have passed; but if in any such elementary or unit school district a majority of the electors voting on that proposition in that district fails to vote in favor of the proposition as submitted to them, then notwithstanding the vote of the electors in any other such elementary or unit school district on that proposition the proposition shall not be deemed to have passed in any of those elementary or unit school districts, and the offices of township treasurer and trustee of schools of the township in which those offices were sought to be abolished shall not be abolished, unless in each of those elementary and unit school districts remaining subject to the jurisdiction and [April 13, 2016] 34 authority of the township treasurer and trustees of schools of that township proceedings are again initiated to abolish those offices and all of the proceedings and conditions prescribed in paragraphs (1) through (4) of this subsection are repeated and met in each of those elementary and unit school districts. Notwithstanding the foregoing provisions of this Section or any other provision of the School Code, the offices of township treasurer and trustee of schools of a township that has a population of less than 200,000 and that contains a unit school district and is located in a Class II county school unit shall also be abolished as provided in this subsection if all of the conditions set forth in paragraphs (1), (2), and (3) of this subsection are met and if the following additional condition is met: The electors in all of the school districts subject to the jurisdiction and authority of the township treasurer and trustees of schools of the township in which those offices are sought to be abolished shall vote at the consolidated election on the proposition to abolish the offices of township treasurer and trustee of schools of that township. If a majority of the electors in all of the school districts combined voting on the proposition vote in favor of the proposition, then the proposition shall be deemed to have passed; but if a majority of the electors voting on the proposition in all of the school

district fails to vote in favor of the proposition as submitted to them, then the proposition shall not be deemed to have passed and the offices of township treasurer and trustee of schools of the township in which those offices were sought to be abolished shall not be abolished, unless and until the proceedings detailed in paragraphs (1) through (3) of this subsection and the conditions set forth in this paragraph are met.

If the proposition to abolish the offices of township treasurer and trustee of schools of a township is deemed to have passed at the consolidated election as provided in this subsection, those offices shall be deemed abolished by operation of law effective on January 1 of the calendar year immediately following the calendar year in which that consolidated election is held, provided that if after the election, the trustees of schools by resolution elect to abolish the offices of township treasurer and trustee of schools effective on July 1 immediately following the election, then the offices shall be abolished on July 1 immediately following the election. On the date that the offices of township treasurer and trustee of schools of a township are deemed abolished by operation of law, the school board of each elementary and unit school district and the school board of each high school district that is subject to the jurisdiction and authority of the township treasurer and trustees of schools of that township at the time those offices are abolished: (i) shall appoint its own school treasurer as provided in Section 8-1; and (ii) unless the term of the contract of a township treasurer expires on the date that the office of township treasurer is abolished, shall pay to the former township treasurer its proportionate share of any aggregate compensation that, were the office of township treasurer not abolished at that time, would have been payable to the former township treasurer after that date over the remainder of the term of the contract of the former township treasurer that began prior to but ends after that date. In addition, on the date that the offices of township treasurer and trustee of schools of a township are deemed abolished as provided in this subsection, the school board of each elementary school, high school and unit school district that until that date is subject to the jurisdiction and authority of the township treasurer and trustees of schools of that township shall be deemed by operation of law to have agreed and assumed to pay and, when determined, shall pay to the Illinois Municipal Retirement Fund a proportionate share of the unfunded liability existing in that Fund at the time these offices are abolished in that calendar year for all annuities or other benefits then or thereafter to become payable from that Fund with respect to all periods of service performed prior to that date as a participating employee in that Fund by persons serving during those periods of service as a trustee of schools, township treasurer or regular employee in the office of the township treasurer of that township. That unfunded liability shall be actuarially determined by the board of trustees of the Illinois Municipal Retirement Fund, and the board of trustees shall thereupon notify each school board required to pay a proportionate share of that unfunded liability of the aggregate amount of the unfunded liability so determined. The amount so paid to the Illinois Municipal Retirement Fund by each of those school districts shall be credited to the account of the township in that Fund. For each elementary school, high school and unit school district under the jurisdiction and authority of a township treasurer and trustees of schools of a township in which those offices are abolished as provided in this subsection, each such district's proportionate share of the aggregate compensation payable to the former township treasurer as provided in this paragraph and each such district's proportionate share of the aggregate amount of the unfunded liability payable to the Illinois Municipal Retirement Fund as provided in this paragraph shall be computed in accordance with the ratio that the number of pupils in average daily attendance in each such district for the school year last ending prior to the date on which the offices of township treasurer and trustee of schools of that township are abolished bears to the aggregate number of pupils in average daily attendance in all of those districts as so reported for that school year.

[April 13, 2016] 35

Upon abolition of the offices of township treasurer and trustee of schools of a township as provided in this subsection: (i) the regional board of school trustees, in its corporate capacity, shall be deemed the successor in interest to the former trustees of schools of that township with respect to the common school lands and township loanable funds of the township; (ii) all right, title and interest existing or vested in the former trustees of schools of that township in the common school lands and township loanable funds of the township, and all records, moneys, securities and other assets, rights of property and causes of action pertaining to or constituting a part of those common school lands or township loanable funds, shall be transferred to and deemed vested by operation of law in the regional board of school trustees, which shall hold legal title to, manage and operate all common school lands and township loanable funds of the township, receive the rents, issues and profits therefrom, and have and exercise with respect thereto the same powers and duties as are provided by this Code to be exercised by regional boards of school trustees when acting as township land commissioners in counties having at least 220,000 but fewer than 2,000,000 inhabitants; (iii) the regional board of school trustees shall select to serve as its treasurer with respect to the common school lands and township loanable funds of the township a person from time to time also serving as the appointed school treasurer of any school district that was subject to the jurisdiction and authority of the township treasurer and trustees of schools of that township at the time those offices were abolished, and the person selected to also serve as treasurer of the regional board of school trustees shall have his compensation for services in that capacity fixed by the regional board of school trustees, to be paid from the township loanable funds, and shall make to the regional board of school trustees the reports required to be made by treasurers of township land commissioners, give bond as required by treasurers of township land commissioners, and perform the duties and exercise the powers of treasurers of township land commissioners; (iv) the regional board of school trustees shall designate in the manner provided by Section 8-7, insofar as applicable, a depositary for its treasurer, and the proceeds of all rents, issues and profits from the common school lands and township loanable funds of that township shall be deposited and held in the account maintained for those purposes with that depositary and shall be expended and distributed therefrom as provided in Section 15-24 and other applicable provisions of this Code; and (v) whenever there is vested in the trustees of schools of a township at the time that office is abolished under this subsection the legal title to any school buildings or school sites used or occupied for school purposes by any elementary school, high school or unit school district subject to the jurisdiction and authority of those trustees of school at the time that office is abolished, the legal title to those school buildings and school sites shall be deemed transferred by operation of law to and invested in the school board of that school district, in its corporate capacity under Section 10-22.35B of this Code 7-28, the same to be held, sold, exchanged leased or otherwise transferred in accordance with applicable provisions of this Code. Notwithstanding Section 2-3.25g of this Code, a waiver of a mandate established under this Section may not be requested. (Source: P.A. 94-1078, eff. 1-9-07; 94-1105, eff. 6-1-07; 95-4, eff. 5-31-07; 95-876, eff. 8-21-08.) (105 ILCS 5/7-01a new) Sec. 7-01a. Purpose and applicability. The purpose of this Article is to permit greater flexibility and efficiency in the detachment and dissolution of school districts for the improvement of the administration and quality of educational services and for the best interests of pupils. This Article applies only to school districts with under 500,000 inhabitants, but includes special charter districts and non-high school districts. (105 ILCS 5/7-01b new) Sec. 7-01b. Definition. In this Article, "legal resident voter" means a person who is registered to vote at the time a circulated petition is filed and when the regional board of school trustees renders a decision, at the address shown opposite his or her signature on the petition, and resides in the detaching territory or dissolving school district. (105 ILCS 5/7-04) (from Ch. 122, par. 7-04) Sec. 7-04. Districts in educational service regions of 2,000,000 or more inhabitants. (a) In all proceedings under this Article to change by detachment, annexation, division, dissolution, or any combination of those methods the boundaries of any school district (other than a school district organized under Article 34) located in an educational service region of 2,000,000 or more inhabitants in which the regional board of school trustees is abolished as provided in subsection (a) of Section 6-2, the trustees of schools of the township that has jurisdiction and authority over the detaching or dissolving in which that school district is located, as the successor under subsection (b) of Section 6-2 to the former regional board of school trustees with respect to all territory located in that school township, shall have, exercise, and perform all powers, duties, and responsibilities required under this Article to be exercised and performed in those proceedings by a regional board of school trustees; provided that if any detaching or dissolving school district involved in affected by those proceedings is not under the jurisdiction and authority of the trustees of schools of a township located in a school township referred to in subsection (b) [April 13, 2016] 36 of Section 5-1 and there are no trustees of schools acting in that township then the school board of any such district, as the successor under subsection (b) of Section 6-2 to the former regional board of school trustees with respect to the territory comprising that school district, a hearing panel as established in this Section shall have, exercise, and perform all powers, duties, and responsibilities required under this Article to be exercised and performed in those proceedings with respect to the detaching or dissolving the territory of that school district by a regional board of school trustees . ; and provided further that: (i) when any school district affected by those proceedings is located not only in an educational service region of 2,000,000 or more inhabitants but also in 2 or more school townships in that region that each have trustees of schools of the township, then the boundaries of that school district may be changed under this Article by detachment, annexation, division, dissolution, or any combination of those methods only by the concurrent action of, taken following a joint hearing before the trustees of schools of those townships (in that educational service region) in which that school district is located; and (ii) if any part of the school district referred to in item (i) of this subsection also lies within an educational service region that has a regional board of school trustees, the boundaries of that district may be changed under this Article only by the concurrent action of, taken following a joint hearing before the trustees of schools of the townships referred to in item (i) of this subsection and the regional board of school trustees of the educational service region referred to in this item (ii) of this subsection. Whenever concurrent action and joint hearings are required under this subsection, the original petition shall be filed with the trustees of schools of the township in which the territory or greatest portion of the territory being detached is located, or if the territory is being detached from more than one educational service region then with the regional board of school trustees of the region or the trustees of schools of the township in which the territory or greatest portion of the territory being detached is located. (a-5) As applicable, the hearing panel shall be made up of 3 persons who have a demonstrated interest and background in education. Each hearing panel member must reside within an educational service region of 2,000,000 or more inhabitants but not within the boundaries of a school district organized under Article 34 of this Code and may not be a current school board member of the detaching or dissolving or annexing school district or a current employee of the detaching or dissolving or annexing school district or hold any county office. None of the hearing panel members may reside within the same school district. All 3 persons must be selected by the chief administrative officer of the educational service center in which the chief administrative officer has supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving school district. The members of a hearing panel as established in this Section shall serve without remuneration; however, the necessary expenses, including travel, attendant upon any meeting or hearing in relation to a proceeding under this Article must be paid. (a-10) The petition must be filed with the trustees of schools of the township with jurisdiction and authority over the detaching or dissolving school district or with the chief administrative officer of the educational service center in which the chief administrative officer has supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving school district, as applicable. The chief administrative officer of the educational service center or a person designated by the trustees of schools of the township, as applicable, shall have, exercise, and perform all powers, duties, and responsibilities required under this Article that are otherwise assigned to regional superintendents of schools. (b) Except as otherwise provided in this Section, all other provisions of this Article shall apply to any proceedings under this Article to change the boundaries of any school district located in an educational service region having 2,000,000 or more inhabitants in the same manner that those provisions apply to any proceedings to change the boundaries of any school district located in any other educational service region; provided, that any reference in those other provisions to the regional board of school trustees shall mean, with respect to all territory within an educational service region containing 2,000,000 or more inhabitants that formerly was served by a regional board of school trustees abolished under subsection (a) of Section 6-2, the trustees of schools of the township or the school board of the school district that is the successor under subsection (b) of Section 6-2 to the former regional board of school trustees with respect to the territory included within that school township or school district or the hearing panel as established by this Section. (Source: P.A. 87-969.) (105 ILCS 5/7-1) (from Ch. 122, par. 7-1) Sec. 7-1. Changing Districts in one educational service region - changing boundaries by detachment or dissolution. (a) School district boundaries lying entirely within any educational service region may be changed by detachment, annexation, division or dissolution or any combination thereof by the regional board of school trustees of such region, or by the State Superintendent of Education as provided in subsection (l) of Section 7-6, when petitioned by the boards of each district affected or by a majority of the registered voters in each [April 13, 2016] 37 district affected or by two-thirds of the registered voters in any territory proposed to be detached from one or more districts or in each of one or more districts proposed to be annexed to another district. The petition must be filed with and decided solely by the regional board of school trustees of the region in which the regional superintendent of schools has supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving school district. The petition may be filed in any office operated by the regional superintendent with supervision and control, as defined in Section 3-14.2 of this Code, of the detaching or dissolving school district. A petition for boundary change must be filed by the school board of the detaching or dissolving district, by a majority of the legal resident voters in the dissolving district, or by two-thirds of a combination of the legal resident voters and the owners of record of any real estate with no legal resident voters in any territory proposed to be detached. If any of the territory proposed to be detached contains real estate with no legal resident voters, petitioners shall deliver the petition by certified mail, return receipt requested, to all owners of record of any real estate with no legal resident voters. Proof of such delivery must be presented as evidence at the hearing required under Section 7-6 of this Code. Any owner of record of real estate with no legal resident voters in any territory proposed to be detached may either sign the petition in person and before the circulator as described in this Section or return the petition with his or her notarized signature to be included as a petitioner. No person may sign a petition in the capacity of both a legal resident voter and owner of record. If there are no legal resident voters within the territory proposed to be detached, then the petition must be signed by all of the owners of record of the real estate of the territory. Legal resident Registered voters shall be determined by the official voter registration lists as of the date the petition is filed. No signatures shall be added or withdrawn after the date the petition is filed. The length of time for signatures to be valid, before filing of the petition, shall not exceed 6 months. Notwithstanding any provision to the contrary contained in the Election Code, the regional superintendent of schools shall make all determinations regarding the validity of the petition, including, without limitation, signatures on the petition. If the regional superintendent determines that the petition is not in proper order or not in compliance with any applicable petition requirements, the regional superintendent may not accept the petition for filing and may return the petition to the petitioners. Any party who is dissatisfied with the determination of the regional superintendent regarding the validity of the petition may appeal the regional superintendent's decision to the regional board of school trustees by motion, and the motion must be heard by the regional board of school trustees prior to any hearing on the merits of the petition. If there are no registered voters within the territory proposed to be detached from one or more districts, then the petition may be signed by all of the owners of record of the real estate of the territory. Notwithstanding any other provisions of this Article, if pursuant to a petition filed under this subsection all of the territory of a school district is to be annexed to another school district, any action by the regional board of school trustees or State Superintendent of Education in granting or approving the petition and any change in school district boundaries pursuant to that action is subject to and the change in school district boundaries shall not be made except upon approval at a regular scheduled election, in the manner provided by Section 7-7.7, of a proposition for the annexation of all of the territory of that school district to the other school district. Petitions for detachment and dissolution Each page of the circulated petition shall include the full prayer of the petition with a general description of the territory at the top of each page. Each , and each signature contained therein shall match the official signature and address of the legal resident registered voters as recorded in the office of the county clerk or board of election commissioners, and each election authority having jurisdiction over the county. Each petitioner shall also record the date of his or her signing. Except in instances of a notarized signature of an owner of record of real estate with no legal resident voters in any territory proposed to be detached, each Each page of the circulated petition shall be signed by a circulator stating that he or she has who has witnessed the signature of each petitioner on that page. Detachment petitions containing 10 or fewer signatures may be notarized in lieu of a circulator statement. Each petition shall include an accurate legal description and map of the territory proposed to be detached. If a petition proposes to dissolve an entire district, then the full name and number of the district and a map are sufficient. Each petition shall include the names of petitioners; the district to be dissolved or the district from which the territory is proposed to be detached; the district or districts to which the territory is proposed to be annexed; evidence that the detaching or dissolving territory is compact and contiguous with the annexing district or districts or otherwise meets the requirements set forth in Section 7-4 of this Code; the referendum date, if applicable; and facts that support favorable findings for the factors to be considered by the regional board of school trustees pursuant to Section 7-6 of this Code. The length of time for signatures to be valid, before filing of the petition, shall not exceed 6 months. Where there is only one school building in an approved operating district, the building and building site may not be included in any detachment proceeding unless petitioned by two-thirds of the registered voters within the entire district wherein the school is located. [April 13, 2016] 38

Notwithstanding any other provisions of this Code, if, pursuant to a petition filed under this subsection (a), all of the territory of a school district is to be annexed to another school district, then any action by the regional board of school trustees in granting or approving the petition and any change in school district boundaries pursuant to that action is subject to and the change in school district boundaries may not be made except upon approval, at a regular scheduled election, in the manner provided by Section 7-7.7 of this Code, of a proposition for the annexation of all of the territory of that school district to the other school district. No petition may be filed under this Section to form a new school district under this Article; however, such a petition may be filed under this Section to form a new school district if the boundaries of such new school district lie entirely within the boundaries of a military base or installation operated and maintained by the government of the United States. (b) Any elementary or high school district with 100 or more of its students residing upon territory located entirely within a military base or installation operated and maintained by the government of the United States, or any unit school district or any combination of the above mentioned districts with 300 or more of its students residing upon territory located entirely within a military base or installation operated and maintained by the government of the United States, shall, upon the filing with the regional board of school trustees of a petition adopted by resolution of the board of education or a petition signed by a majority of the registered voters residing upon such military base or installation, have all of the territory lying entirely within such military base or installation detached from such school district, and a new school district comprised of such territory shall be created. The petition shall be filed with and decided solely by the regional board of school trustees of the region in which the regional superintendent of schools has supervision and control, as defined by Section 3-14.2 of this Code, of the school district affected. The regional board of school trustees shall have no authority to deny the detachment and creation of a new school district requested in a proper petition filed under this subsection. This subsection shall apply only to those school districts having a population of not fewer than 1,000 and not more than 500,000 residents, as ascertained by any special or general census. The new school district shall tuition its students to the same districts that its students were previously attending and the districts from which the new district was detached shall continue to educate the students from the new district, until the federal government provides other arrangements. The federal government shall pay for the education of such children as required by Section 6 of Public Law 81-874. If a school district created under this subsection (b) has not elected a school board and has not become operational within 2 years after the date of detachment, then this district is automatically dissolved and the territory of this district reverts to the school district from which the territory was detached or any successor district thereto. Any school district created under this subsection (b) on or before September 1, 1996 that has not elected a school board and has not been operational since September 1, 1996 is automatically dissolved on the effective date of this amendatory Act of 1999, and on this date the territory of this district reverts to the school district from which the territory was detached. For the automatic dissolution of a school district created under this subsection (b), the regional superintendent of schools who has supervision and control, as defined by Section 3-14.2 of this Code, of the school district from which the territory was detached shall certify to the regional board of school trustees that the school district created under this subsection (b) has been automatically dissolved. (Source: P.A. 90-459, eff. 8-17-97; 91-460, eff. 8-6-99.) (105 ILCS 5/7-2a) (from Ch. 122, par. 7-2a) Sec. 7-2a. (a) (Blank). Except as provided in subsection (b) of this Section, any petition for dissolution filed under this Article must specify the school district or districts to which all of the territory of the district proposed to be dissolved will be annexed. Any petition for dissolution may be made by the board of education of the district or a majority of the legal voters residing in the district proposed to be dissolved. No petition from any other district affected by the proposed dissolution shall be required. (b) Any school district with a population of less than 5,000 residents or an enrollment of less than 750 students, as determined by the district's current fall housing report filed with the State Board of Education, shall be dissolved and its territory annexed as provided in Section 7-11 by the regional board of school trustees upon the filing with the regional board of school trustees of a petition adopted by resolution of the board of education or a petition signed by a majority of the legal resident registered voters of the district seeking such dissolution. No petition shall be adopted or signed under this subsection until the board of education or the petitioners, as the case may be, shall have given at least 10 days' notice to be published once in a newspaper having general circulation in the district and shall have conducted a public informational meeting to inform the residents of the district of the proposed dissolution and to answer questions concerning the proposed dissolution. The petition shall be filed with and decided solely by the

[April 13, 2016] 39 regional board of school trustees of the region in which the regional superintendent of schools has supervision and control, as defined by Section 3-14.2 of this Code, of the school district being dissolved. The regional board of school trustees shall not act on a petition filed by a board of education if within 45 days after giving the first notice of the hearing required under Section 7-11 a petition in opposition to the petition of the board to dissolve, signed by a majority of the legal resident registered voters of the district, is filed with the regional board of school trustees. In such an event, the dissolution petition is dismissed on procedural grounds by operation of law and the regional board of school trustees shall have no further authority to consider the petition. A dissolution petition dismissed as the result of a valid opposition petition is not subject to the limitation on successive petitions as provided in Section 7-8 of this Code, and a new petition may be filed upon receipt of the regional board of school trustees' notice stating that the original petition was dismissed by operation of law. For all petitions under this Section, the legal resident voters must be determined by the official voter registration lists as of the date the petition is filed. No signatures may be added or withdrawn after the date the petition is filed. The length of time for signatures to be valid, before filing of the petition, may not exceed 6 months. Notwithstanding any provision to the contrary contained in the Election Code, the regional superintendent of schools shall make all determinations regarding the validity of the petition, including, without limitation, signatures on the petition. Any party who is dissatisfied with the determination of the regional superintendent regarding the validity of the petition may appeal the regional superintendent's decision to the regional board of school trustees by motion, and the motion must be heard by the regional board of school trustees prior to any hearing on annexing the territory of a district being dissolved. If no opposition petition is timely filed, the The regional board of school trustees shall have no authority to deny dissolution requested in a proper petition for dissolution filed under this Section subsection (b), but shall exercise its discretion in accordance with Section 7-11 on the issue of annexing the territory of a district being dissolved, giving consideration to but not being bound by the wishes expressed by the residents of the various school districts that may be affected by such annexation. When dissolution and annexation become effective for purposes of administration and attendance as determined pursuant to Section 7-11, the positions of teachers in contractual continued service in the district being dissolved are transferred to an annexing district or to annexing districts pursuant to the provisions of Section 24-12 relative to teachers having contractual continued service status whose positions are transferred from one board to the control of a different board, and those said provisions of Section 24-12 shall apply to said transferred teachers. In the event that the territory is added to 2 or more districts, the decision on which positions shall be transferred to which annexing districts shall be made giving consideration to the proportionate percent of pupils transferred and the annexing districts' staffing needs, and the transfer of specific individuals into such positions shall be based upon the request of those teachers in order of seniority in the dissolving district. The contractual continued service status of any teacher thereby transferred to an annexing district is not lost and the different board is subject to this Act with respect to such transferred teacher in the same manner as if such teacher was that district's employee and had been its employee during the time such teacher was actually employed by the board of the dissolving district from which the position was transferred. (Source: P.A. 98-125, eff. 8-2-13.) (105 ILCS 5/7-4) (from Ch. 122, par. 7-4) Sec. 7-4. Requirements for granting petitions. No petition shall be granted under Section 7-1 or 7-2 of this Code: (a) If there will be any non-high school territory resulting from the granting of the petition. (b) (Blank). Unless after granting the petition any community unit district, community consolidated district, elementary district or high school district created shall have a population of at least 2,000 and an equalized assessed valuation of at least $6,000,000 based upon the last value as equalized by the Department of Revenue as of the date of filing of the petition. (c) Unless the territory within any district so created or any district whose boundaries are affected by the granting of a petition shall after the granting thereof be compact and contiguous, except as provided in Section 7-6 of this Code or as otherwise provided in this subdivision (c). The fact that a district is divided by territory lying within the corporate limits of the city of Chicago shall not render it non-compact or non- contiguous. If, pursuant to a petition filed under Section 7-1 or 7-2 of this Code, all of the territory of a district is to be annexed to another district, then the annexing district and the annexed district need not be contiguous if the following requirements are met and documented within 2 calendar years prior to the petition filing date: (1) the distance between each district administrative office is documented as no more than 30 miles;

(2) every district contiguous to the district wishing to be annexed determines that it [April 13, 2016] 40

is not interested in participating in a petition filed under Section 7-1 or 7-2 of this Code, through a vote of its school board, and documents that non-interest in a letter to the regional board of school trustees containing approved minutes that record the school board vote; and

(3) documentation of meeting these requirements are presented as evidence at the hearing required under Section 7-6 of this Code.

(d) (Blank). To create any school district with a population of less than 2,000 unless the State Board of Education and the regional superintendent of schools for the region in which the proposed district will lie shall certify to the regional board or boards of school trustees that the creation of such new district will not interfere with the ultimate reorganization of the territory of such proposed district as a part of a district having a population of 2,000 or more. Notwithstanding any other provisions of this Article, the granting or approval by a regional board or regional boards of school trustees or by the State Superintendent of Education of a petition that under subsection (b-5) of Section 7-6 is required to request the submission of a proposition at a regular scheduled election for the purpose of voting for or against the annexation of the territory described in the petition to the school district proposing to annex that territory is subject to, and any change in school district boundaries pursuant to the granting of the petition shall not be made except upon, approval of the proposition at the election in the manner provided by Section 7-7.7. (Source: P.A. 98-125, eff. 8-2-13.) (105 ILCS 5/7-4.1) (from Ch. 122, par. 7-4.1) Sec. 7-4.1. Copies of petition. Each petition submitted under the provisions of Section 7-1 or 7-2 shall include proof of notice to owners of record of real estate with no legal resident voters in any territory proposed to be detached, if applicable, and be accompanied by sufficient copies thereof for distribution to the president of the school board of each detaching or dissolving and annexing school district involved. The copies need not contain original signatures be signed by the petitioners as is required of the original petition. (Source: Laws 1963, p. 3037.) (105 ILCS 5/7-5) (from Ch. 122, par. 7-5) Sec. 7-5. Detachment set aside upon petition. If there is a recognized school district which as a result of detachment is without a school building, the detachment may be set aside by the regional county board of school trustees of the region in county over which the regional county superintendent of schools had supervision and control , as defined in Section 3-14.2 of this Code, prior to the detachment upon petition by two-thirds of the eligible voters in the school district after such detachment and the detached area. The regional county board of school trustees shall conduct a hearing upon the petition as prescribed and in the manner provided in Section 7-6. (Source: Laws 1961, p. 31.) (105 ILCS 5/7-6) (from Ch. 122, par. 7-6) Sec. 7-6. Petition filing; notice; hearing; decision. (a) The secretary of the regional board of school trustees or his or her designee, the chief administrative officer of an educational service center under Section 7-04 of this Code or his or her designee, or the person designated by the trustees of schools of the township in accordance with subsection (a-10) of Section 7-04 of this Code, as appropriate, shall receive the filing of the petition, make the determination of validity in accordance with subsection (a) of Section 7-1 of this Section, publish the notice, conduct the hearing, and issue the final order. Upon the filing of a petition with the secretary of the regional board of school trustees under the provisions of Section 7-1 or 7-2 of this Code, Act the secretary shall cause a copy of such petition to be given to the president of the school each board of each detaching or dissolving and annexing school any district involved in the proposed boundary change and shall cause a notice thereof to be published once in a newspaper having general circulation within the area of the detaching or dissolving and annexing territory described in the petition for the proposed change of boundaries. (b) (Blank). When a joint hearing is required under the provisions of Section 7-2, the secretary also shall cause a copy of the notice to be sent to the regional board of school trustees of each region affected. Notwithstanding the foregoing provisions of this Section, if the secretary of the regional board of school trustees with whom a petition is filed under Section 7-2 fails, within 30 days after the filing of such petition, to cause notice thereof to be published and sent as required by this Section, then the secretary of the regional board of school trustees of any other region affected may cause the required notice to be published and sent, and the joint hearing may be held in any region affected as provided in the notice so published. (b-5) If a petition filed under subsection (a) of Section 7-1 or under Section 7-2 proposes to annex all the territory of a school district to another school district, the petition shall request the submission of a proposition at a regular scheduled election for the purpose of voting for or against the annexation of the territory described in the petition to the school district proposing to annex that territory. No petition filed or election held under this Article shall be null and void, invalidated, or deemed in noncompliance with [April 13, 2016] 41 the Election Code because of a failure to publish a notice with respect to the petition or referendum as required under subsection (g) of Section 28-2 of that Code for petitions that are not filed under this Article or Article 11E of this Code. (c) When a petition contains more than 10 signatures the petition shall designate a committee of 10 of the petitioners as attorney in fact for all petitioners, any 7 of whom may make binding stipulations on behalf of all petitioners as to any question with respect to the petition or hearing or joint hearing, and the regional board of school trustees, or regional boards of school trustees in cases of a joint hearing may accept such stipulation in lieu of evidence or proof of the matter stipulated. The committee of petitioners shall have the same power to stipulate to accountings or waiver thereof between school districts; however, the regional board of school trustees, or regional boards of school trustees in cases of a joint hearing may refuse to accept such stipulation. Those designated as the committee of 10 shall serve in that capacity until such time as the regional superintendent of schools or the committee of 10 determines that, because of death, resignation, transfer of residency from the territory, or failure to qualify, the office of a particular member of the committee of 10 is vacant. Upon determination that a vacancy exists, the remaining members shall appoint a petitioner to fill the designated vacancy on the committee of 10. The appointment of any new members by the committee of 10 shall be made by a simple majority vote of the remaining designated members. (d) The petition may be amended to withdraw not to exceed a total of 10% of the territory in the petition at any time prior to the hearing or joint hearing; provided that the petition shall after amendment comply with the requirements as to the number of signatures required on an original petition. (e) The petitioners shall pay the expenses of publishing the notice and of any transcript taken at the hearing and mailing the final order or joint hearing; and , in case of an appeal from the decision of the regional board of school trustees , or regional boards of school trustees in cases of a joint hearing, or State Superintendent of Education in cases determined under subsection (l) of this Section, the appellants shall pay the cost of preparing the record for appeal. The regional superintendent of schools with whom the petition is filed may request a deposit at the time of filing to cover expenses as provided in this subsection (e). (f) The notice shall state when the petition was filed, the description of the detaching territory or name of the dissolving district, the name of the annexing district, the prayer of the petition, and the return day and time on and location in which the hearing or joint hearing upon the petition will be held , which shall not be more than 30 15 nor less than 15 calendar 10 days after the publication of notice. (g) Prior to the hearing, the secretary of the regional board of school trustees shall submit to the regional board of school trustees maps showing the districts involved and a written report of the financial and educational conditions of the districts involved and the probable effect of the proposed changes. The reports and maps submitted must be made a part of the record of the proceedings of the regional board of school trustees. A copy of the report and maps submitted must be sent by the secretary of the regional board of school trustees to the school board of each detaching or dissolving and annexing school district not less than 5 days prior to the day upon which the hearing is to be held. On such return day or on a day to which the regional board of school trustees, or regional boards of school trustees in cases of a joint hearing shall continue the hearing or joint hearing the regional board of school trustees, or regional boards of school trustees in cases of a joint hearing shall hear the petition but may adjourn the hearing or joint hearing from time to time or may continue the matter for want of sufficient notice or other good cause. (h) On the hearing day or on a day to which the regional board of school trustees shall continue the hearing, the regional board of school trustees shall hear the petition but may adjourn the hearing from time to time or may continue the matter for want of sufficient notice or other good cause. Prior to the hearing or joint hearing the secretary of the regional board of school trustees shall submit to the regional board of school trustees, or regional boards of school trustees in cases of a joint hearing maps showing the districts involved, a written report of financial and educational conditions of districts involved and the probable effect of the proposed changes. The reports and maps submitted shall be made a part of the record of the proceedings of the regional board of school trustees, or regional boards of school trustees in cases of a joint hearing. A copy of the report and maps submitted shall be sent by the secretary of the regional board of school trustees to each board of the districts involved, not less than 5 days prior to the day upon which the hearing or joint hearing is to be held. (h-5) Except for motions and briefs challenging the validity of a petition or otherwise challenging the jurisdiction of the regional board of school trustees to conduct a hearing on a petition and except for motions and briefs related to the type of evidence the regional board of school trustees may consider under subsection (i) of this Section, no other motions, pleadings, briefs, discovery requests, or other like documents may be filed with the regional board of school trustees or served on other parties, and the regional board of school trustees shall have no authority to consider such documents, except that if a legal [April 13, 2016] 42 issue arises during a hearing, then the regional board of school trustees may, at its discretion, request briefs to be submitted to it on that issue. (i) The regional board of school trustees shall hear evidence as to the school needs and conditions of the territory in the area within and adjacent thereto and the effect detachment will have on those needs and conditions and as to the ability of the districts affected to meet the standards of recognition as prescribed by the State Board of Education, shall take into consideration the division of funds and assets that will result from the change of boundaries, and shall determine whether it is in the best interests of the schools of the area and the direct educational welfare of the pupils that such change in boundaries be granted. If non-high school territory is contained in the petition, the normal high school attendance pattern of the pupils must be taken into consideration. If the non-high school territory overlies an elementary district, a part of which is in a high school district, such territory may be annexed to the high school district even though the territory is not contiguous to the high school district. However, upon resolution by the regional board of school trustees, the secretary thereof shall conduct the hearing upon any boundary petition and present a transcript of such hearing to the trustees, who shall base their decision upon the transcript, maps, and information and any presentation of counsel. The regional board of school trustees or regional boards of school trustees in cases of a joint hearing shall hear evidence as to the school needs and conditions of the territory in the area within and adjacent thereto and the effect detachment will have on those needs and conditions and as to the ability of the districts affected to meet the standards of recognition as prescribed by the State Board of Education, and shall take into consideration the division of funds and assets which will result from the change of boundaries and shall determine whether it is to the best interests of the schools of the area and the direct educational welfare of the pupils that such change in boundaries be granted, and in case non-high school territory is contained in the petition the normal high school attendance pattern of the children shall be taken into consideration. If the non-high school territory overlies an elementary district, a part of which is in a high school district, such territory may be annexed to such high school district even though not contiguous to the high school district. However, upon resolution by the regional board of school trustees, or regional boards of school trustees in cases of a joint hearing the secretary or secretaries thereof shall conduct the hearing or joint hearing upon any boundary petition and present a transcript of such hearing to the trustees who shall base their decision upon the transcript, maps and information and any presentation of counsel. In the instance of a change of boundaries through detachment: (1) When considering the effect the detachment will have on the direct educational welfare of the pupils, the regional board of school trustees or the regional boards of school trustees shall consider a comparison of the school report cards for the schools of the affected districts and the school

district report cards for the affected districts only if there is no more than a 3% difference in the minority, low-income, and English learner student populations of the relevant schools of the districts.

(2) The community of interest of the petitioners and their children and the effect detachment will have on the whole child may be considered only if the regional board of school trustees or the regional boards of school trustees first determines determine that there would be a significant direct educational benefit to the petitioners' children if the change in boundaries were allowed.

(3) When petitioners cite an annexing district attendance center or centers in the petition or during testimony, the regional board of school trustees or the regional boards of school trustees may consider the difference in the distances from the detaching area to the current attendance centers and the cited annexing district attendance centers only if the difference is no less than 10 miles shorter to one of the cited annexing district attendance centers than it is to the corresponding current attendance center.

(4) The regional board of school trustees or the regional boards of school trustees may not grant a petition if doing so will increase the percentage of minority or low-income students or English learners by more than 3% at the attendance center where students in the detaching territory currently attend, provided that if the

percentage of any one of those groups also decreases at that attendance center, the regional board or boards may grant the petition upon consideration of other factors under this Section and this Article.

(5) The regional board of school trustees or the regional boards of school trustees may not consider whether changing the boundaries will increase the property values of the petitioners' property.

The factors in subdivisions (1) through (5) of this subsection (i) are applicable whether or not there are children residing in the petitioning area at the time the hearing is conducted. If the regional board of school trustees or the regional boards of school trustees grants a petition to change school district boundaries, then the annexing school district shall determine the attendance center or centers that children from the petitioning area shall attend. [April 13, 2016] 43

(j) At the hearing, or joint hearing any resident of the territory described in the petition or any resident in any detaching, dissolving, or annexing school district or any representative of a detaching, dissolving, or annexing school district affected by the proposed change of boundaries may appear in person or by an attorney in support of the petition or to object to the granting of the petition and may present evidence in support of his or her position through either oral or written testimony. (k) At the conclusion of the hearing, the regional superintendent of schools as secretary to the regional board of school trustees shall, within 30 days, enter an order either granting or denying the petition. The regional superintendent of schools shall deliver a certified copy of the order by certified mail, return receipt requested, to the petitioners or committee of petitioners, as applicable; the school board of each detaching or dissolving and annexing district; any person providing testimony in support of or opposition to the petition at the hearing; and any attorney who appears for a person. The regional superintendent of schools shall also deliver a copy of the order to the regional superintendent of schools who has supervision and control, as defined in Section 3-14.2 of this Code, of the annexing district if different from the regional superintendent of schools with whom the petition was filed. The regional superintendent of schools is not required to send a copy of the regional board of school trustees' order to those attending the hearing but not participating. The final order shall be in writing and include findings of fact, conclusions of law, and the decision to grant or deny the petition. At the conclusion of the hearing, other than a joint hearing, the regional superintendent of schools as ex officio member of the regional board of school trustees shall within 30 days enter an order either granting or denying the petition and shall deliver to the committee of petitioners, if any, and any person who has filed his appearance in writing at the hearing and any attorney who appears for any person and any objector who testifies at the hearing and the regional superintendent of schools a certified copy of its order. (l) Notwithstanding the foregoing provisions of this Section, if within 12 9 months after a petition is submitted under the provisions of Section 7-1 the petition is not approved or denied by the regional board of school trustees and the order approving or denying that petition entered and a copy thereof served as provided in this Section, petitioners the school boards or registered voters of the districts affected that submitted the petition (or the committee of 10, or an attorney acting on its behalf, if designated in the petition) may submit a copy of the petition directly to the State Superintendent of Education for approval or denial. The copy of the petition as so submitted shall be accompanied by a record of all proceedings had with respect to the petition up to the time the copy of the petition is submitted to the State Superintendent of Education (including a copy of any notice given or published, any certificate or other proof of publication, copies of any maps or written report of the financial and educational conditions of the school districts affected if furnished by the secretary of the regional board of school trustees, copies of any amendments to the petition and stipulations made, accepted or refused, a transcript of any hearing or part of a hearing held, continued or adjourned on the petition, and any orders entered with respect to the petition or any hearing held thereon). The petitioners school boards, registered voters or committee of 10 submitting the petition and record of proceedings to the State Superintendent of Education shall give written notice by certified mail, return receipt requested , to the regional board of school trustees and to the secretary of that board and to the detaching or dissolving and annexing school districts that the petition has been submitted to the State Superintendent of Education for approval or denial , and shall furnish a copy of the notice so given to the State Superintendent of Education. The cost of assembling the record of proceedings for submission to the State Superintendent of Education shall be the responsibility of the petitioners that submit school boards, registered voters or committee of 10 that submits the petition and record of proceedings to the State Superintendent of Education. When a petition is submitted to the State Superintendent of Education in accordance with the provisions of this paragraph: (1) The regional board of school trustees loses all jurisdiction over the petition and shall have no further authority to hear, approve, deny or otherwise act with respect to the petition.

(2) All jurisdiction over the petition and the right and duty to hear, approve, deny or otherwise act with respect to the petition is transferred to and shall be assumed and exercised by the

State Superintendent of Education.

(3) The State Superintendent of Education shall not be required to repeat any proceedings that were conducted in accordance with the provisions of this Section prior to the time jurisdiction over the petition is transferred to him, but the State Superintendent of Education shall be required to give and publish any notices and hold or complete any hearings that were not given, held or completed by the regional board of school trustees or its secretary as required by this Section prior to the time jurisdiction over the petition is transferred to the State Superintendent of Education.

(4) If so directed by the State Superintendent of Education, the regional superintendent of schools shall submit to the State Superintendent of Education and to such school boards as the State

Superintendent of Education shall prescribe accurate maps and a written report of the financial and [April 13, 2016] 44

educational conditions of the districts affected and the probable effect of the proposed boundary changes.

(5) The State Superintendent is authorized to conduct further hearings, or appoint a hearing officer to conduct further hearings, on the petition even though a hearing thereon was held as provided in this Section prior to the time jurisdiction over the petition is transferred to the State Superintendent of Education.

(6) The State Superintendent of Education or the hearing officer shall hear evidence and approve or deny the petition and shall enter an order to that effect and deliver and serve the same as required in other cases to be done by the regional board of school trustees and the regional superintendent of schools as secretary an ex officio member of that board.

(m) (Blank). Within 10 days after the conclusion of a joint hearing required under the provisions of Section 7-2, each regional board of school trustees shall meet together and render a decision with regard to the joint hearing on the petition. If the regional boards of school trustees fail to enter a joint order either granting or denying the petition, the regional superintendent of schools for the educational service region in which the joint hearing is held shall enter an order denying the petition, and within 30 days after the conclusion of the joint hearing shall deliver a copy of the order denying the petition to the regional boards of school trustees of each region affected, to the committee of petitioners, if any, to any person who has filed his appearance in writing at the hearing and to any attorney who appears for any person at the joint hearing. If the regional boards of school trustees enter a joint order either granting or denying the petition, the regional superintendent of schools for the educational service region in which the joint hearing is held shall, within 30 days of the conclusion of the hearing, deliver a copy of the joint order to those same committees and persons as are entitled to receive copies of the regional superintendent's order in cases where the regional boards of school trustees have failed to enter a joint order. (n) Within 10 days after service of a copy of the order granting or denying the petition, any person so served may petition for a rehearing and, upon sufficient cause being shown, a rehearing may be granted. The regional board of school trustees shall first determine whether there is sufficient cause for a rehearing. If so determined, then the regional board of school trustees shall allow the petition to be heard anew in its entirety in accordance with all procedures in this Article. The party requesting a rehearing shall pay the expenses of publishing the notice and of any transcript taken at the hearing. The filing of a petition for rehearing shall operate as a stay of enforcement until the regional board of school trustees , or regional boards of school trustees in cases of a joint hearing, or State Superintendent of Education in cases determined under subsection (l) of this Section enters enter the final order on such petition for rehearing. (o) If a petition filed under subsection (a) of Section 7-1 or under Section 7-2 is required under the provisions of subsection (b-5) of this Section 7-6 to request submission of a proposition at a regular scheduled election for the purpose of voting for or against the annexation of the territory described in the petition to the school district proposing to annex that territory, and if the petition is granted or approved by the regional board or regional boards of school trustees or by the State Superintendent of Education, the proposition shall be placed on the ballot at the next regular scheduled election. (Source: P.A. 99-475, eff. 1-1-16.) (105 ILCS 5/7-7) (from Ch. 122, par. 7-7) Sec. 7-7. Administrative Review Law. The decision of the regional board of school trustees, or the decision of the regional boards of school trustees following a joint hearing, or the decision of the State Superintendent of Education in cases determined pursuant to subsection (l) of Section 7-6, shall be deemed an "administrative decision" as defined in Section 3-101 of the Code of Civil Procedure; and any resident , who appears at the hearing or any petitioner , or board of education entitled to receive a certified copy of the regional board of school trustees' order of any district affected may , within 35 days after a copy of the decision sought to be reviewed was served by certified mail, return receipt requested, registered mail upon the resident, petitioner, or board of education, the party affected thereby file a complaint for a judicial review of such decision in accordance with the Administrative Review Law and the rules adopted pursuant thereto. The commencement of any action for judicial review shall operate as a stay of enforcement, and no further proceedings shall be had until final disposition of such review. If the transcript of the hearing is required to be presented to another county board of school trustees the time within which a complaint for review must be filed shall not begin to run until the decision of the regional board of school trustees hearing the petition has been granted or denied by the regional board of school trustees conducting a hearing on the transcript. The circuit court of the county in which the petition is filed with the regional board of school trustees shall have sole jurisdiction to entertain a complaint for such review when only one regional board of school trustees must act; however, when the regional boards of school trustees act following a joint hearing, the circuit court of the county in which the joint hearing on the original petition is conducted shall have sole jurisdiction of the complaint for such review. [April 13, 2016] 45

(Source: P.A. 87-210.) (105 ILCS 5/7-8) (from Ch. 122, par. 7-8) Sec. 7-8. Limitation on successive petitions. No territory, nor any part thereof, which is involved in any proceeding to change the boundaries of a school district by detachment or dissolution from or annexation to such school district of such territory, and which , after a hearing on the merits of the petition or referendum vote, is not so detached or dissolved nor annexed, shall be again involved in proceedings to change the boundaries of such school district for at least 2 years after final determination of such first proceeding, unless during that 2-year period a petition filed is substantially different than any other previously filed petition during the previous 2 years or if a school district involved is identified as a priority district under Section 2-3.25d-5 of this Code, is placed on the financial watch list by the State Board of Education, or is certified as being in financial difficulty during that 2-year period or if such first proceeding involved a petition brought under Section 7-2b of this Article 7. The 2-year period is counted beginning from the date of a final administrative decision after all appeal timelines have run, upon final court order after all appeal timelines have run, or upon the certification of the election results in the event of a dissolution. The 2-year period is 2 calendar years. (Source: P.A. 99-193, eff. 7-30-15.) (105 ILCS 5/7-9) (from Ch. 122, par. 7-9) Sec. 7-9. Effective date of change. In case a petition is filed for the creation of or the change of boundaries of or for an election to vote upon a proposition of creating or annexing territory to a school district after August 1, as provided in this Article, and the change is granted or the election carries, and no appeal is taken such change shall become effective after the time for appeal has run for the purpose of all elections; however, the change shall not affect the administration of the schools until July 1 following the date the petition is granted or upon which the election is held and the school boards of the districts as they existed prior to the change shall exercise the same power and authority over such territory until such date; however, new districts shall be permitted to organize and elect officers within the time prescribed by the general election law. In the event that the granting of a petition has become final, either through failure to seek Administrative Review , or by the final decision of a court on review if no further appeal is taken, or upon certification of election results in the event of a dissolution, the change in boundaries shall become effective the following July 1 forthwith. The school boards of the districts as they existed prior to the change shall exercise the same power and authority over such territory until such date, unless However, if the granting of the petition becomes final between September 1 and June 30 of any year, the administration of and attendance at the schools shall not be affected until the following July 1, when the change in boundaries shall become effective for all purposes. After the granting of a petition has become final, the date when the change shall become effective for purposes of administration and attendance may be accelerated or postponed by stipulation of each of the school boards of each detaching or dissolving and annexing school district and approval affected and approved by the regional board of school trustees or by the board of a special charter district with which the original petition is required to be filed. (Source: P.A. 90-459, eff. 8-17-97.) (105 ILCS 5/7-10) (from Ch. 122, par. 7-10) Sec. 7-10. Map showing change; filed change-Filed. Within 30 thirty days after the boundaries of any school district have been changed , or a new district created under any of the provisions of this Article the regional county superintendent of schools of any county involved shall make and file with the county clerk or clerks of his county a map of any detaching, dissolving, or annexing school districts, involved in any change of boundaries or creation of a new district whereupon the county clerks shall extend taxes against the territory in accordance therewith ; provided : Provided that if an action to review such decision under Section 7-7 is taken, the regional superintendent of schools County Superintendent of Schools shall not file the map with the county clerk until after he or she is served with a certified copy of the order of the final disposition of such review. (Source: Laws 1961, p. 31.) (105 ILCS 5/7-10.5 new) Sec. 7-10.5. Teacher transfer. When dissolution and annexation become effective for purposes of administration and attendance as determined pursuant to Section 7-9 or 7-11 of this Code, as applicable, the positions of teachers in contractual continued service in the district being dissolved are transferred to an annexing district or to annexing districts pursuant to the provisions of subsection (h) of Section 24-11 of this Code relative to teachers having contractual continued service status whose positions are transferred from one school board to the control of a different school board, and those said provisions of subsection (h) of Section 24-11 of this Code shall apply to the transferred teachers. In the event that the territory is added to 2 or more districts, the decision on which positions are to be transferred to which annexing districts must be made giving consideration to the proportionate percentage of pupils transferred and the [April 13, 2016] 46 annexing districts' staffing needs, and the transfer of specific individuals into such positions must be based upon the request of those teachers in order of seniority in the dissolving district. The contractual continued service status of any teacher thereby transferred to an annexing district is not lost and the different school board is subject to this Code with respect to the transferred teacher in the same manner as if the teacher was that district's employee and had been its employee during the time the teacher was actually employed by the school board of the dissolving district from which the position was transferred. (105 ILCS 5/7-11) (from Ch. 122, par. 7-11) Sec. 7-11. Annexation of dissolved non-operating districts. If any school district has become dissolved as provided in Section 5-32, or if a petition for dissolution is filed under subsection (b) of Section 7-2a, the regional board of school trustees shall attach the territory of such dissolved district to one or more districts and, if the territory is added to 2 or more districts, shall divide the property of the dissolved district among the districts to which its territory is added, in the manner provided for the division of property in case of the organization of a new district from a part of another district. The regional board of school trustees of the region in which the regional superintendent has supervision and control, as defined in Section 3-14.2 of this Code, over the school district that is dissolved shall have all power necessary to annex the territory of the dissolved district as provided in this Section, including the power to attach the territory to a school district under the supervision and control of the regional superintendent of another educational service region and, in the case of Leepertown CCSD 175, the power to attach the territory to a non-contiguous school district if deemed in the best interests of the schools of the area and the educational welfare of the pupils involved. The annexation of the territory of a dissolved school district under this Section shall entitle the school districts involved in the annexation to payments from the State Board of Education in the same manner and to the same extent authorized in the case of other annexations under this Article. Other provisions of this Article 7 of The School Code shall apply to and govern dissolutions and annexations under this Section and Section 7-2a, except that it is the intent of the General Assembly that in the case of conflict the provisions of this Section and Section 7-2a shall control over the other provisions of this Article. The regional board of school trustees shall give notice of a hearing, to be held not less than 50 days nor more than 70 days after a school district is dissolved under Section 5-32 or a petition is filed under subsection (b) of Section 7-2a, on the disposition of the territory of such school district by publishing a notice thereof at least once each week for 2 successive weeks in at least one newspaper having a general circulation within the area of the territory involved. At such hearing, the regional board of school trustees shall hear evidence as to the school needs and conditions of the territory and of the area within and adjacent thereto, and shall take into consideration the educational welfare of the pupils of the territory and the normal high school attendance pattern of the children. In the case of an elementary school district, except for Leepertown CCSD 175, if all the eighth grade graduates of such district customarily attend high school in the same high school district, the regional board of school trustees shall, unless it be impossible because of the restrictions of a special charter district, annex the territory of the district to a contiguous elementary school district whose eighth grade graduates customarily attend that high school, and that has an elementary school building nearest to the center of the territory to be annexed, but if such eighth grade graduates customarily attend more than one high school the regional board of school trustees shall determine the attendance pattern of such graduates and divide the territory of the district among the contiguous elementary districts whose graduates attend the same respective high schools. At the conclusion of the hearing, the regional superintendent of schools, as secretary to the regional board of school trustees, shall, within 10 days, enter an order detailing the annexation of the dissolved district. The regional superintendent of schools shall deliver a certified copy of the order by certified mail, return receipt requested, to the petitioners or committee of petitioners, as applicable; the school board of each dissolving and annexing district; any person providing testimony in support of or opposition to the petition at the hearing; and any attorney who appears for any person. The regional superintendent of schools shall also deliver a copy of the order to the regional superintendent of schools who has supervision and control, as defined in Section 3-14.2 of this Code, of the annexing district, if different from the regional superintendent of schools with whom the petition was filed. The regional superintendent of schools is not required to send a copy of the regional board of school trustees' order to those attending the hearing but not participating. The final order shall be in writing and include findings of fact, conclusions of law, and the annexation decision. The decision of the regional board of school trustees shall be The decision of the regional board of school trustees in such matter shall be issued within 10 days after the conclusion of the hearing and deemed an "administrative decision" as defined in Section 3-101 of the Code of Civil Procedure and any resident , who appears at the hearing or any petitioner , or school district entitled to receive a certified copy of the regional board of school trustees' order may, within 10 days after a copy of the decision sought to be reviewed was served by certified mail, return receipt requested, registered mail [April 13, 2016] 47 upon the resident, petitioner, or school district, the party affected thereby file a complaint for the judicial review of such decision in accordance with the "Administrative Review Law", and all amendments and modifications thereof and the rules adopted pursuant thereto. The commencement of any action for review shall operate as a stay of enforcement, and no further proceedings shall be had until final disposition of such review. The final decision of the regional board of school trustees or of any court upon judicial review shall become effective under Section 7-9 in the case of a petition for dissolution filed under subsection (b) of Section 7-2a, and a final decision shall become effective immediately following the date no further appeal is allowable in the case of a district dissolved under Section 5-32. Notwithstanding the foregoing provisions of this Section or any other provision of law to the contrary, the school board of the Mt. Morris School District is authorized to donate to the City of Mount Morris, Illinois the school building and other real property used as a school site by the Mt. Morris School District at the time of its dissolution, by appropriate resolution adopted by the school board of the district prior to the dissolution of the district; and upon the adoption of a resolution by the school board donating the school building and school site to the City of Mount Morris, Illinois as authorized by this Section, the regional board of school trustees or other school officials holding legal title to the school building and school site so donated shall immediately convey the same to the City of Mt. Morris, Illinois. (Source: P.A. 97-656, eff. 1-13-12.) (105 ILCS 5/7-12) (from Ch. 122, par. 7-12) Sec. 7-12. Termination of office. Upon the close of the then current school year during which any school district is annexed to another school district under any of the provisions of this Article, the terms of office of the school directors or board of education members of the annexed school district shall be terminated and the school board of the annexing district shall perform all the duties and have all the powers of the school board of the annexed district. The annexing district as it is constituted on and after the time of such annexation shall receive all the assets and assume all the obligations and liabilities including the bonded indebtedness of the original annexing district and of the district annexed. The tax rate for such assumed bonded indebtedness shall be determined in the manner provided in Article 19 of this Code Act. (Source: Laws 1961, p. 31.) (105 ILCS 5/7-14A) (from Ch. 122, par. 7-14A) Sec. 7-14A. Annexation compensation Compensation. There shall be no accounting made after a mere change in boundaries when no new district is created, except that those districts whose enrollment increases by 90% or more as a result of annexing territory detached from another district pursuant to this Article are eligible for supplementary State aid payments in accordance with Section 11E-135 of this Code. Eligible annexing districts shall apply to the State Board of Education for supplementary State aid payments by submitting enrollment figures for the year immediately preceding and the year immediately following the effective date of the boundary change for both the district gaining territory and the district losing territory. Copies of any intergovernmental agreements between the district gaining territory and the district losing territory detailing any transfer of fund balances and staff must also be submitted. In all instances of changes in boundaries, the district losing territory shall not count the average daily attendance of pupils living in the territory during the year preceding the effective date of the boundary change in its claim for reimbursement under Section 18-8.05 18-8 for the school year following the effective date of the change in boundaries and the district receiving the territory shall count the average daily attendance of pupils living in the territory during the year preceding the effective date of the boundary change in its claim for reimbursement under Section 18-8.05 18-8 for the school year following the effective date of the change in boundaries. The changes to this Section made by this amendatory Act of the 95th General Assembly are intended to be retroactive and applicable to any annexation taking effect on or after July 1, 2004. (Source: P.A. 95-707, eff. 1-11-08.) (105 ILCS 5/7-29) (from Ch. 122, par. 7-29) Sec. 7-29. Limitation on contesting boundary change. No Neither the People of the State of Illinois nor any person, corporation, private or public, nor any association of persons shall commence an action contesting either directly or indirectly the annexation of any territory to a school district shall commence or the creation of any new school district unless brought within 2 calendar years after (i) the order annexing the territory or creating the new district shall have become final in the event of a detachment or (ii) the election results shall have been certified in the event of a dissolution. Where or within 2 years after the date of the election creating the new school district if no proceedings to contest such election are duly instituted within the time permitted by law, or within two years after the final disposition of any proceedings which may be so instituted to contest such election; however where a limitation of a shorter period is prescribed by , such shorter limitation shall apply. The , and the limitation set forth in this Section section shall not apply to jurisdictional challenges any order where the judge, body or officer [April 13, 2016] 48 entering the order annexing the territory or creating the new district did not at the time of the entry of such order have jurisdiction of the subject matter. (Source: P.A. 86-1334.) (105 ILCS 5/7-31 new) Sec. 7-31. Applicability of amendatory Act. For any petition filed with the regional superintendent of schools under this Article prior to the effective date of this amendatory Act of the 99th General Assembly, including a petition for a rehearing pursuant to subsection (n) of Section 7-6 of this Code, the proposed action described in the petition, including all notices, hearings, administrative decisions, ballots, elections, and passage requirements relating thereto, shall proceed and be in accordance with the law in effect prior to the effective date of this amendatory Act of the 99th General Assembly. (105 ILCS 5/10-22.35B new) Sec. 10-22.35B. Title to school sites and buildings. (a) On January 1, 1994 (the effective date of Public Act 88-155): (i) the legal title to all school buildings and school sites used or occupied for school purposes by a school district located in a Class I county school unit or held for the use of any such school district by and in the name of the regional board of school trustees shall vest in the school board of the school district, and the legal title to those school buildings and school sites shall be deemed transferred by operation of law to the school board of the school district, to be used for school purposes and held, sold, leased, exchanged, or otherwise transferred in accordance with law; and (ii) the legal title to all school buildings and school sites used or occupied for school purposes by a school district that is located in a Class II county school unit and that has withdrawn from the jurisdiction and authority of the trustees of schools of a township and the township treasurer under subsection (b) of Section 5-1 of this Code or held for the use of any such school district by and in the name of the regional board of school trustees at the time that regional board of school trustees was abolished by Public Act 87-969 shall vest in the school board of the school district, and the legal title to those school buildings and school sites shall be deemed transferred by operation of law to the school district, to be used for school purposes and held, sold, leased, exchanged, or otherwise transferred in accordance with law. (b) The school board of each school district to which subsection (a) of this Section is applicable may receive any gift, grant, donation, or legacy made for the use of any school or for any school purpose within its jurisdiction and shall succeed to any gift, grant, donation, or legacy heretofore received by the regional board of school trustees, either from the township school trustees within their jurisdiction or from any other source, for the use of any school of the district served by the school board or for any other school purpose of that school district. All conveyances of real estate made to the school board of a school district under this Section shall be made to the school board in its corporate name and to its successors in office. (c) All school districts and high school districts may take and convey title to real estate to be improved by buildings or other structures for vocational or other educational training as provided in Section 10-23.3 of this Code. (d) Nothing in this Section shall be deemed to apply to any common school lands or lands granted or exchanged therefor or to the manner in which such lands are managed and controlled for the use and benefit of the school township and the schools of the township by the township land commissioners, the regional board of school trustees (acting as the township land commissioners), or the trustees of schools of the township, which hold legal title to those lands; and they may continue to receive gifts, grants, donations, or legacies made for the use of the school township and for the schools of the township generally in the same manner as such gifts, grants, donations, or legacies were made prior to January 1, 1994. (105 ILCS 5/12-24) (from Ch. 122, par. 12-24) Sec. 12-24. Elimination of non-high school district. The territory of the non-high school district or unit district not maintaining a high school in existence on January 1, 1950 of any county having a population of 500,000 or less shall be automatically eliminated from the non-high school district or unit district, unless (1) the non-high school territory is adjacent to a district created by a special Act whose boundaries are required by such Act to be coterminous with some city or village or to a district maintaining grades 1 through 12 and (2) has children in such territory who customarily attend the high school of such district and (3) has no school district operating grades 9 through 12 to which such territory could be annexed without impairing the educational opportunities of the children of such territory and in such case the territory shall remain non-high school territory. Any such non-high school district including any unit district not maintaining a high school pursuant to the provisions of this Section shall pay tuition for high school students at a rate to be mutually agreed by the boards of education of each district affected. When territory is eliminated from a non-high school district or unit district not maintaining a high school it shall be annexed by the county board of school trustees as provided in Section 7-27 of this Code (now repealed) Act. [April 13, 2016] 49

Any non-high school district affected by such elimination and annexation may continue to exercise all previously conferred and existing powers pending final administrative or judicial affirmance thereof. (Source: P.A. 81-950.) (105 ILCS 5/16-2) (from Ch. 122, par. 16-2) Sec. 16-2. Joint use of site and building. Whenever the school boards of two or more school districts have agreed upon the joint use of any school site and compensation to be paid therefor, and any such site has been selected in the manner required by law, it is lawful for such districts to use the same school site and after payment of the compensation, the trustees of schools of the township or regional board of school trustees, as the case may be, by proper instrument in writing shall declare that title to such site is held for the joint use of such districts according to the terms of such agreement, and such districts shall be further authorized to construct, maintain and use a building jointly for the benefit of the inhabitants thereof. Notwithstanding any other provisions of this Section: (1) If legal title to the selected site is held in the name of the school board of a school district that has agreed to the joint use of the site with any other school districts, and if those other school districts are also districts whose school boards, under subsection (a) of Section 10-22.35B of this Code 7-28, are to hold legal title to school buildings and school sites of the district, then upon the execution of the agreement and payment of the compensation in accordance with the terms of the agreement the school boards of the districts shall be deemed to hold legal title to the site as tenants in common, and the required deed or deeds of conveyance shall be executed and delivered by the president and secretary or clerk of the school boards to reflect that legal title to the selected site is held in that manner. (2) If one more but not all of the school boards that are party to the agreement are school boards that, under subsection (a) of Section 10-22.35B of this Code 7-28, are to hold legal title to the school buildings and school sites of the district, the interest in the selected site of each school board that is to hold legal title to the school buildings and school sites of the district shall be that of a tenant in common; and the required deed or deeds of conveyance shall be executed and delivered by the president and secretary or clerk of the trustees of schools of the township, regional board of school trustees, township land commissioners, or school boards, as the case may be, to reflect that tenancy in common interest of the appropriate school board or school boards with the trustees of schools of the township, regional board of school trustees or township land commissioners, as the case may be, in the legal title to the selected site. (Source: P.A. 88-155.) (105 ILCS 5/32-4.6) (from Ch. 122, par. 32-4.6) Sec. 32-4.6. Title, care and custody of property; supervision and control. The title, care and custody of all schoolhouses and school sites belonging to districts that are described in Section 32-2.11 and that are not districts whose school boards under subsection (a) of Section 10-22.35B of this Code 7-28 are to hold legal title to school buildings and school sites of the district shall be vested in the trustees of schools of the townships in which the districts are situated, but the supervision and control of such schoolhouses and sites shall be vested in the board of inspectors of the districts. In all other cases, the legal title, care, custody and control of school houses and school sites belonging to districts that are described in Section 32-2.11, together with the supervision and control of those school houses and sites, shall be vested in the board of inspectors of the districts. (Source: P.A. 88-155.) (105 ILCS 5/7-01 rep.) (105 ILCS 5/7-2 rep.) (105 ILCS 5/7-2.3 rep.) (105 ILCS 5/7-2.4 rep.) (105 ILCS 5/7-2.5 rep.) (105 ILCS 5/7-2.6 rep.) (105 ILCS 5/7-2.7 rep.) (105 ILCS 5/7-13 rep.) (105 ILCS 5/7-27 rep.) (105 ILCS 5/7-28 rep.) (105 ILCS 5/7-30 rep.) Section 10. The School Code is amended by repealing Sections 7-01, 7-2, 7-2.3, 7-2.4, 7-2.5, 7-2.6, 7- 2.7, 7-13, 7-27, 7-28, and 7-30.

Section 99. Effective date. This Act takes effect July 1, 2016.".

The motion prevailed. And the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was ordered engrossed, and the bill, as amended, was ordered to a third reading.

On motion of Senator Anderson, Senate Bill No. 2993 having been printed, was taken up, read by title a second time and ordered to a third reading.

On motion of Senator Cunningham, Senate Bill No. 3003 having been printed, was taken up, read by title a second time. [April 13, 2016] 50

The following amendment was offered in the Committee on Agriculture, adopted and ordered printed:

AMENDMENT NO. 1 TO SENATE BILL 3003 AMENDMENT NO. 1 . Amend Senate Bill 3003 by replacing everything after the enacting clause with the following:

"Section 5. The Wildlife Code is amended by changing Sections 2.11 and 2.26 and by adding Section 3.1-6 as follows: (520 ILCS 5/2.11) (from Ch. 61, par. 2.11) Sec. 2.11. Before any person may lawfully hunt wild turkey, he shall first obtain a "Wild Turkey Hunting Permit" in accordance with the prescribed set forth in an administrative rule of the Department. The fee for a Resident Wild Turkey Hunting Permit shall not exceed $15. Upon submitting suitable evidence of legal residence in any other state, non-residents shall be charged a fee not to exceed $125 for wild turkey hunting permits, except as provided below for non-resident land owners. Permits shall be issued without charge to: (a) Illinois landowners residing in Illinois who own at least 40 acres of Illinois land and wish to hunt on their land only, (b) resident tenants of at least 40 acres of commercial agricultural land, and (c) bona fide equity shareholders of a corporation, bona fide equity members of a limited liability company, or bona fide equity partners of a general or limited partnership which owns at least 40 acres of land in a county in Illinois who wish to hunt on the corporation's, company's, or partnership's land only. One permit shall be issued without charge to one bona fide equity shareholder, one bona fide equity member, or one bona fide equity partner for each 40 acres of land owned by the corporation, company, or partnership in a county; however, the number of permits issued without charge to bona fide equity shareholders of any corporation or bona fide equity members of a limited liability company in any county shall not exceed 15, and shall not exceed 3 in the case of bona fide equity partners of a partnership. The turkey hunting permit issued without fee shall be valid on all lands upon which the person to whom it is issued owns, leases or rents, except that in the case of a permit issued without charge to a shareholder of a corporation, the permit shall be valid on all lands owned by the corporation in the county. The Department may by administrative rule allocate and issue non-resident Wild Turkey Permits and establish fees for such permits. It shall be unlawful to take wild turkey except by use of a bow and arrow or a shotgun of not larger than 10 nor smaller than 20 gauge with shot size not larger than No. 4, and no person while attempting to so take wild turkey may have in his possession any other gun. It shall be unlawful to take, or attempt to take wild turkey except during the time from 1/2 hour before sunrise to 1/2 hour after sunset or during such lesser period of time as may be specified by administrative rule, during those days for which an open season is established. It shall be unlawful for any person to take, or attempt to take, wild turkey by use of dogs, horses, automobiles, aircraft or other vehicles, or conveyances, or by the use or aid of bait or baiting of any kind. For the purposes of this Section, "bait" means any material, whether liquid or solid, including food, salt, minerals, and other products, except pure water, that can be ingested, placed, or scattered in such a manner as to attract or lure wild turkeys. "Baiting" means the placement or scattering of bait to attract wild turkeys. An area is considered as baited during the presence of and for 10 consecutive days following the removal of the bait. It is unlawful for any person to take in Illinois or have in his possession more than one wild turkey per valid permit. For purposes of this Section "bona fide equity shareholder", "bona fide equity member", and "bona fide equity partner" shall have the same meaning as provided in Section 2.26 of this Act. For the purposes of calculating acreage under this Section, the Department shall, after determining the total acreage of the applicable tract or tracts of land, round remaining fractional portions of an acre greater than or equal to half of an acre up to the next whole acre. For the purposes of taking wild turkey, nothing in this Section shall be construed to prevent the manipulation, including mowing or cutting, of standing crops as a normal agricultural or soil stabilization practice, food plots, or normal agricultural practices, including planting, harvesting, and maintenance such as cultivating. Such manipulation for the purpose of taking wild turkey may be further modified by administrative rule. (Source: P.A. 97-564, eff. 8-25-11; 98-180, eff. 8-5-13.) [April 13, 2016] 51

(520 ILCS 5/2.26) (from Ch. 61, par. 2.26) Sec. 2.26. Deer hunting permits. In this Section, "bona fide equity shareholder" means an individual who (1) purchased, for market price, publicly sold stock shares in a corporation, purchased shares of a privately-held corporation for a value equal to the percentage of the appraised value of the corporate assets represented by the ownership in the corporation, or is a member of a closely-held family-owned corporation and has purchased or been gifted with shares of stock in the corporation accurately reflecting his or her percentage of ownership and (2) intends to retain the ownership of the shares of stock for at least 5 years. In this Section, "bona fide equity member" means an individual who (1) (i) became a member upon the formation of the limited liability company or (ii) has purchased a distributional interest in a limited liability company for a value equal to the percentage of the appraised value of the LLC assets represented by the distributional interest in the LLC and subsequently becomes a member of the company pursuant to Article 30 of the Limited Liability Company Act and who (2) intends to retain the membership for at least 5 years. In this Section, "bona fide equity partner" means an individual who (1) (i) became a partner, either general or limited, upon the formation of a partnership or limited partnership, or (ii) has purchased, acquired, or been gifted a partnership interest accurately representing his or her percentage distributional interest in the profits, losses, and assets of a partnership or limited partnership, (2) intends to retain ownership of the partnership interest for at least 5 years, and (3) is a resident of Illinois. Any person attempting to take deer shall first obtain a "Deer Hunting Permit" issued by the Department in accordance with its administrative rules. Those rules must provide for the issuance of the following types of resident deer archery permits: (i) a combination permit, consisting of one either-sex permit and one antlerless-only permit, (ii) a single antlerless-only permit, and (iii) a single either-sex permit. The fee for a Deer Hunting Permit to take deer with either bow and arrow or gun shall not exceed $25.00 for residents of the State. The Department may by administrative rule provide for non-resident deer hunting permits for which the fee will not exceed $300 in 2005, $350 in 2006, and $400 in 2007 and thereafter except as provided below for non-resident landowners and non-resident archery hunters. The Department may by administrative rule provide for a non-resident archery deer permit consisting of not more than 2 harvest tags at a total cost not to exceed $325 in 2005, $375 in 2006, and $425 in 2007 and thereafter. Permits shall be issued without charge to: (a) Illinois landowners residing in Illinois who own at least 40 acres of Illinois land and wish to hunt their land only, (b) resident tenants of at least 40 acres of commercial agricultural land where they will hunt, and (c) Bona fide equity shareholders of a corporation, bona fide equity members of a limited liability company, or bona fide equity partners of a general or limited partnership which owns at least 40 acres of land in a county in Illinois who wish to hunt on the corporation's, company's, or partnership's land only. One permit shall be issued without charge to one bona fide equity shareholder, one bona fide equity member, or one bona fide equity partner for each 40 acres of land owned by the corporation, company, or partnership in a county; however, the number of permits issued without charge to bona fide equity shareholders of any corporation or bona fide equity members of a limited liability company in any county shall not exceed 15, and shall not exceed 3 in the case of bona fide equity partners of a partnership. Bona fide landowners or tenants who do not wish to hunt only on the land they own, rent, or lease or bona fide equity shareholders, bona fide equity members, or bona fide equity partners who do not wish to hunt only on the land owned by the corporation, limited liability company, or partnership shall be charged the same fee as the applicant who is not a landowner, tenant, bona fide equity shareholder, bona fide equity member, or bona fide equity partner. Nonresidents of Illinois who own at least 40 acres of land and wish to hunt on their land only shall be charged a fee set by administrative rule. The method for obtaining these permits shall be prescribed by administrative rule. The deer hunting permit issued without fee shall be valid on all farm lands which the person to whom it is issued owns, leases or rents, except that in the case of a permit issued to a bona fide equity shareholder, bona fide equity member, or bona fide equity partner, the permit shall be valid on all lands owned by the corporation, limited liability company, or partnership in the county. The standards and specifications for use of guns and bow and arrow for deer hunting shall be established by administrative rule. No person may have in his possession any firearm not authorized by administrative rule for a specific hunting season when taking deer. Persons having a firearm deer hunting permit shall be permitted to take deer only during the period from 1/2 hour before sunrise to 1/2 hour after sunset, and only during those days for which an open season is established for the taking of deer by use of shotgun, handgun, or muzzle loading rifle.

[April 13, 2016] 52

Persons having an archery deer hunting permit shall be permitted to take deer only during the period from 1/2 hour before sunrise to 1/2 hour after sunset, and only during those days for which an open season is established for the taking of deer by use of bow and arrow. It shall be unlawful for any person to take deer by use of dogs, horses, automobiles, aircraft or other vehicles, or by the use or aid of bait or baiting of any kind. For the purposes of this Section, "bait" means any material, whether liquid or solid, including food, salt, minerals, and other products, except pure water, that can be ingested, placed, or scattered in such a manner as to attract or lure white-tailed deer. "Baiting" means the placement or scattering of bait to attract deer. An area is considered as baited during the presence of and for 10 consecutive days following the removal of bait. Nothing in this Section shall prohibit the use of a dog to track wounded deer. Any person using a dog for tracking wounded deer must maintain physical control of the dog at all times by means of a maximum 50 foot lead attached to the dog's collar or harness. Tracking wounded deer is permissible at night, but at no time outside of legal deer hunting hours or seasons shall any person handling or accompanying a dog being used for tracking wounded deer be in possession of any firearm or archery device. Persons tracking wounded deer with a dog during the firearm deer seasons shall wear blaze orange as required. Dog handlers tracking wounded deer with a dog are exempt from hunting license and deer permit requirements so long as they are accompanied by the licensed deer hunter who wounded the deer. It shall be unlawful to possess or transport any wild deer which has been injured or killed in any manner upon a public highway or public right-of-way of this State unless exempted by administrative rule. Persons hunting deer must have gun unloaded and no bow and arrow device shall be carried with the arrow in the nocked position during hours when deer hunting is unlawful. It shall be unlawful for any person, having taken the legal limit of deer by gun, to further participate with gun in any deer hunting party. It shall be unlawful for any person, having taken the legal limit of deer by bow and arrow, to further participate with bow and arrow in any deer hunting party. The Department may prohibit upland game hunting during the gun deer season by administrative rule. The Department shall not limit the number of non-resident, either-sex either sex archery deer hunting permits to less than 20,000. Any person who violates any of the provisions of this Section, including administrative rules, shall be guilty of a Class B misdemeanor. For the purposes of calculating acreage under this Section, the Department shall, after determining the total acreage of the applicable tract or tracts of land, round remaining fractional portions of an acre greater than or equal to half of an acre up to the next whole acre. For the purposes of taking white-tailed deer, nothing in this Section shall be construed to prevent the manipulation, including mowing or cutting, of standing crops as a normal agricultural or soil stabilization practice, food plots, or normal agricultural practices, including planting, harvesting, and maintenance such as cultivating or the use of products designed for scent only and not capable of ingestion, solid or liquid, placed or scattered, in such a manner as to attract or lure deer. Such manipulation for the purpose of taking white-tailed deer may be further modified by administrative rule. (Source: P.A. 97-564, eff. 8-25-11; 97-907, eff. 8-7-12; 98-180, eff. 8-5-13; revised 10-20-15.) (520 ILCS 5/3.1-6 new) Sec. 3.1-6. Special deer, turkey, and combination hunting licenses. (a) For the purpose of this Section: "Bona fide equity member" means an individual who: (1) (i) became a member upon the formation of the limited liability company or (ii) has purchased a distributional interest in a limited liability company for a value equal to the percentage of the appraised value of the LLC assets represented by the distributional interest in the LLC and subsequently becomes a member of the company under Article 30 of the Limited Liability Company Act; and (2) intends to retain the membership for at least 5 years. "Bona fide equity partner" means an individual who: (1) (i) became a partner, either general or limited, upon the formation of a partnership or limited partnership, or (ii) has purchased, acquired, or been gifted a partnership interest accurately representing his or her percentage distributional interest in the profits, losses, and assets of a partnership or limited partnership; (2) intends to retain ownership of the partnership interest for at least 5 years; and (3) is a resident of this State. "Bona fide equity shareholder" means an individual who: (1) purchased, for market price, publicly sold stock shares in a corporation, purchased shares of a privately-held corporation for a value equal to the percentage of the appraised value of the corporate assets [April 13, 2016] 53 represented by the ownership in the corporation, or is a member of a closely-held family-owned corporation and has purchased or been gifted with shares of stock in the corporation accurately reflecting his or her percentage of ownership; and (2) intends to retain the ownership of the shares of stock for at least 5 years. (b) Landowner Deer, Turkey, and combination permits shall be issued without charge to: (1) Illinois landowners residing in this State who own at least 40 acres of Illinois land and wish to hunt upon their land only; (2) resident tenants of at least 40 acres of commercial agricultural land where they will hunt; and (3) bona fide equity shareholders of a corporation, bona fide equity members of a limited liability company, or bona fide equity partners of a general or limited partnership which owns at least 40 acres of land in a county in this State who wish to hunt on the corporation's, company's, or partnership's land only. One permit shall be issued without charge to one bona fide equity shareholder, one bona fide equity member, or one bona fide equity partner for each 40 acres of land owned by the corporation, company, or partnership in a county; however, the number of permits issued without charge to bona fide equity shareholders of any corporation or bona fide equity members of a limited liability company in any county shall not exceed 15, and shall not exceed 3 in the case of bona fide equity partners of a partnership. Bona fide landowners or tenants who do not wish to hunt only on the land they own, rent, or lease or bona fide equity shareholders, bona fide equity members, or bona fide equity partners who do not wish to hunt only on the land owned by the corporation, limited liability company, or partnership shall be charged the same fee as the applicant who is not a landowner, tenant, bona fide equity shareholder, bona fide equity member, or bona fide equity partner. Nonresidents of this State who own at least 40 acres of land and wish to hunt on their land only shall be charged a fee set by administrative rule. The method for obtaining these permits shall be prescribed by administrative rule. (c) The deer, turkey, or combination hunting permit issued without fee shall be valid on all farm lands which the person to whom it is issued owns, leases or rents, except that in the case of a permit issued to a bona fide equity shareholder, bona fide equity member, or bona fide equity partner, the permit shall be valid on all lands owned by the corporation, limited liability company, or partnership in the county.".

There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed, and the bill, as amended, was ordered to a third reading.

On motion of Senator Collins, Senate Bill No. 3007 having been printed, was taken up, read by title a second time. Committee Amendment Nos. 1 and 2 were held in the Committee on Assignments. There being no further amendments, the bill was ordered to a third reading.

On motion of Senator Weaver, Senate Bill No. 3010 having been printed, was taken up, read by title a second time. The following amendment was offered in the Committee on State Government and Veterans Affairs, adopted and ordered printed:

AMENDMENT NO. 1 TO SENATE BILL 3010 AMENDMENT NO. 1 . Amend Senate Bill 3010 on page 28, line 24, after "Act", by inserting ", subject to the advice and consent of the Senate".

There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed, and the bill, as amended, was ordered to a third reading.

On motion of Senator Mulroe, Senate Bill No. 3011 having been printed, was taken up, read by title a second time. The following amendments were offered in the Committee on Public Health, adopted and ordered printed:

AMENDMENT NO. 1 TO SENATE BILL 3011 AMENDMENT NO. 1 . Amend Senate Bill 3011 by replacing everything after the enacting clause with the following:

"Section 5. The Cigarette Tax Act is amended by changing Section 6 as follows: (35 ILCS 130/6) (from Ch. 120, par. 453.6) [April 13, 2016] 54

Sec. 6. Revocation, cancellation, or suspension of license. The Department may, after notice and hearing as provided for by this Act, revoke, cancel or suspend the license of any distributor, secondary distributor, or retailer for the violation of any provision of this Act, or for noncompliance with any provision herein contained, or for any noncompliance with any lawful rule or regulation promulgated by the Department under Section 8 of this Act, or because the licensee is determined to be ineligible for a distributor's license for any one or more of the reasons provided for in Section 4 of this Act, or because the licensee is determined to be ineligible for a secondary distributor's license for any one or more of the reasons provided for in Section 4c of this Act, or because the licensee is determined to be ineligible for a retailer's license for any one or more of the reasons provided for in Section 4g of this Act. However, no such license shall be revoked, cancelled or suspended, except after a hearing by the Department with notice to the distributor, secondary distributor, or retailer, as aforesaid, and affording such distributor, secondary distributor, or retailer a reasonable opportunity to appear and defend, and any distributor, secondary distributor, or retailer aggrieved by any decision of the Department with respect thereto may have the determination of the Department judicially reviewed, as herein provided. The Department may revoke, cancel, or suspend the license of any distributor for a violation of the Tobacco Product Manufacturers' Escrow Enforcement Act as provided in Section 30 of that Act. The Department may revoke, cancel, or suspend the license of any secondary distributor for a violation of subsection (e) of Section 15 of the Tobacco Product Manufacturers' Escrow Enforcement Act. If the retailer has a training program that facilitates compliance with minimum-age tobacco laws, the Department shall suspend for 3 days the license of that retailer for a fourth or subsequent violation of the Prevention of Tobacco Use by Persons under 21 Years of Age Minors and Sale and Distribution of Tobacco Products Act, as provided in subsection (a) of Section 2 of that Act. For the purposes of this Section, any violation of subsection (a) of Section 2 of the Prevention of Tobacco Use by Persons under 21 Years of Age Minors and Sale and Distribution of Tobacco Products Act occurring at the retailer's licensed location during a 24-month period shall be counted as a violation against the retailer. If the retailer does not have a training program that facilitates compliance with minimum-age tobacco laws, the Department shall suspend for 3 days the license of that retailer for a second violation of the Prevention of Tobacco Use by Persons under 21 Years of Age Minors and Sale and Distribution of Tobacco Products Act, as provided in subsection (a-5) of Section 2 of that Act. If the retailer does not have a training program that facilitates compliance with minimum-age tobacco laws, the Department shall suspend for 7 days the license of that retailer for a third violation of the Prevention of Tobacco Use by Persons under 21 Years of Age Minors and Sale and Distribution of Tobacco Products Act, as provided in subsection (a-5) of Section 2 of that Act. If the retailer does not have a training program that facilitates compliance with minimum-age tobacco laws, the Department shall suspend for 30 days the license of a retailer for a fourth or subsequent violation of the Prevention of Tobacco Use by Persons under 21 Years of Age Minors and Sale and Distribution of Tobacco Products Act, as provided in subsection (a-5) of Section 2 of that Act. A training program that facilitates compliance with minimum-age tobacco laws must include at least the following elements: (i) it must explain that only individuals displaying valid identification demonstrating that they are 21 18 years of age or older shall be eligible to purchase cigarettes or tobacco products and (ii) it must explain where a clerk can check identification for a date of birth. The training may be conducted electronically. Each retailer that has a training program shall require each employee who completes the training program to sign a form attesting that the employee has received and completed tobacco training. The form shall be kept in the employee's file and may be used to provide proof of training. Any distributor, secondary distributor, or retailer aggrieved by any decision of the Department under this Section may, within 20 days after notice of the decision, protest and request a hearing. Upon receiving a request for a hearing, the Department shall give notice in writing to the distributor, secondary distributor, or retailer requesting the hearing that contains a statement of the charges preferred against the distributor, secondary distributor, or retailer and that states the time and place fixed for the hearing. The Department shall hold the hearing in conformity with the provisions of this Act and then issue its final administrative decision in the matter to the distributor, secondary distributor, or retailer. In the absence of a protest and request for a hearing within 20 days, the Department's decision shall become final without any further determination being made or notice given. No license so revoked, as aforesaid, shall be reissued to any such distributor, secondary distributor, or retailer within a period of 6 months after the date of the final determination of such revocation. No such license shall be reissued at all so long as the person who would receive the license is ineligible to receive a distributor's license under this Act for any one or more of the reasons provided for in Section 4 of this Act, is ineligible to receive a secondary distributor's license under this Act for any one or more of the

[April 13, 2016] 55 reasons provided for in Section 4c of this Act, or is determined to be ineligible for a retailer's license under the Act for any one or more of the reasons provided for in Section 4g of this Act. The Department upon complaint filed in the circuit court may by injunction restrain any person who fails, or refuses, to comply with any of the provisions of this Act from acting as a distributor, secondary distributor, or retailer of cigarettes in this State. (Source: P.A. 98-1055, eff. 1-1-16; 99-192, eff. 1-1-16.)

Section 10. The Tobacco Products Tax Act of 1995 is amended by changing Section 10-25 as follows: (35 ILCS 143/10-25) Sec. 10-25. License actions. (a) The Department may, after notice and a hearing, revoke, cancel, or suspend the license of any distributor or retailer who violates any of the provisions of this Act. The notice shall specify the alleged violation or violations upon which the revocation, cancellation, or suspension proceeding is based. (b) The Department may revoke, cancel, or suspend the license of any distributor for a violation of the Tobacco Product Manufacturers' Escrow Enforcement Act as provided in Section 20 of that Act. (c) If the retailer has a training program that facilitates compliance with minimum-age tobacco laws, the Department shall suspend for 3 days the license of that retailer for a fourth or subsequent violation of the Prevention of Tobacco Use by Persons under 21 Years of Age Minors and Sale and Distribution of Tobacco Products Act, as provided in subsection (a) of Section 2 of that Act. For the purposes of this Section, any violation of subsection (a) of Section 2 of the Prevention of Tobacco Use by Persons under 21 Years of Age Minors and Sale and Distribution of Tobacco Products Act occurring at the retailer's licensed location, during a 24-month period, shall be counted as a violation against the retailer. If the retailer does not have a training program that facilitates compliance with minimum-age tobacco laws, the Department shall suspend for 3 days the license of that retailer for a second violation of the Prevention of Tobacco Use by Persons under 21 Years of Age Minors and Sale and Distribution of Tobacco Products Act, as provided in subsection (a-5) of Section 2 of that Act. If the retailer does not have a training program that facilitates compliance with minimum-age tobacco laws, the Department shall suspend for 7 days the license of that retailer for a third violation of the Prevention of Tobacco Use by Persons under 21 Years of Age Minors and Sale and Distribution of Tobacco Products Act, as provided in subsection (a-5) of Section 2 of that Act. If the retailer does not have a training program that facilitates compliance with minimum-age tobacco laws, the Department shall suspend for 30 days the license of a retailer for a fourth or subsequent violation of the Prevention of Tobacco Use by Persons under 21 Years of Age Minors and Sale and Distribution of Tobacco Products Act, as provided in subsection (a-5) of Section 2 of that Act. A training program that facilitates compliance with minimum-age tobacco laws must include at least the following elements: (i) it must explain that only individuals displaying valid identification demonstrating that they are 21 18 years of age or older shall be eligible to purchase cigarettes or tobacco products and (ii) it must explain where a clerk can check identification for a date of birth. The training may be conducted electronically. Each retailer that has a training program shall require each employee who completes the training program to sign a form attesting that the employee has received and completed tobacco training. The form shall be kept in the employee's file and may be used to provide proof of training. (d) The Department may, by application to any circuit court, obtain an injunction restraining any person who engages in business as a distributor of tobacco products without a license (either because his or her license has been revoked, canceled, or suspended or because of a failure to obtain a license in the first instance) from engaging in that business until that person, as if that person were a new applicant for a license, complies with all of the conditions, restrictions, and requirements of Section 10-20 of this Act and qualifies for and obtains a license. Refusal or neglect to obey the order of the court may result in punishment for contempt. (Source: P.A. 98-1055, eff. 1-1-16; 99-192, eff. 1-1-16.)

Section 15. The Liquor Control Act of 1934 is amended by changing Sections 3-12 and 6-16.1 as follows: (235 ILCS 5/3-12) Sec. 3-12. Powers and duties of State Commission. (a) The State commission shall have the following powers, functions, and duties: (1) To receive applications and to issue licenses to manufacturers, foreign importers, importing distributors, distributors, non-resident dealers, on premise consumption retailers, off premise sale retailers, special event retailer licensees, special use permit licenses, auction liquor licenses, brew pubs, caterer retailers, non-beverage users, railroads, including owners and lessees of sleeping, dining [April 13, 2016] 56

and cafe cars, airplanes, boats, brokers, and wine maker's premises licensees in accordance with the provisions of this Act, and to suspend or revoke such licenses upon the State commission's determination, upon notice after hearing, that a licensee has violated any provision of this Act or any rule or regulation issued pursuant thereto and in effect for 30 days prior to such violation. Except in the case of an action taken pursuant to a violation of Section 6-3, 6-5, or 6-9, any action by the State Commission to suspend or revoke a licensee's license may be limited to the license for the specific premises where the violation occurred.

In lieu of suspending or revoking a license, the commission may impose a fine, upon the State commission's determination and notice after hearing, that a licensee has violated any provision of

this Act or any rule or regulation issued pursuant thereto and in effect for 30 days prior to such violation.

For the purpose of this paragraph (1), when determining multiple violations for the sale of alcohol to a person under the age of 21, a second or subsequent violation for the sale of alcohol to a person under the age of 21 shall only be considered if it was committed within 5 years after the date when a prior violation for the sale of alcohol to a person under the age of 21 was committed.

The fine imposed under this paragraph may not exceed $500 for each violation. Each day that the activity, which gave rise to the original fine, continues is a separate violation. The maximum fine that may be levied against any licensee, for the period of the license, shall not exceed $20,000. The maximum penalty that may be imposed on a licensee for selling a bottle of alcoholic liquor with a foreign object in it or serving from a bottle of alcoholic liquor with a foreign object in it shall be the

destruction of that bottle of alcoholic liquor for the first 10 bottles so sold or served from by the licensee. For the eleventh bottle of alcoholic liquor and for each third bottle thereafter sold or served from by the licensee with a foreign object in it, the maximum penalty that may be imposed on the licensee is the destruction of the bottle of alcoholic liquor and a fine of up to $50.

(2) To adopt such rules and regulations consistent with the provisions of this Act which shall be necessary to carry on its functions and duties to the end that the health, safety and welfare of the People of the State of Illinois shall be protected and temperance in the consumption of alcoholic

liquors shall be fostered and promoted and to distribute copies of such rules and regulations to all licensees affected thereby.

(3) To call upon other administrative departments of the State, county and municipal governments, county and city police departments and upon prosecuting officers for such information

and assistance as it deems necessary in the performance of its duties.

(4) To recommend to local commissioners rules and regulations, not inconsistent with the law, for the distribution and sale of alcoholic liquors throughout the State.

(5) To inspect, or cause to be inspected, any premises in this State where alcoholic liquors are manufactured, distributed, warehoused, or sold. Nothing in this Act authorizes an agent of the Commission to inspect private areas within the premises without reasonable suspicion or a warrant

during an inspection. "Private areas" include, but are not limited to, safes, personal property, and closed desks.

(5.1) Upon receipt of a complaint or upon having knowledge that any person is engaged in business as a manufacturer, importing distributor, distributor, or retailer without a license or valid license, to notify the local liquor authority, file a complaint with the State's Attorney's Office of the

county where the incident occurred, or initiate an investigation with the appropriate law enforcement officials.

(5.2) To issue a cease and desist notice to persons shipping alcoholic liquor into this State from a point outside of this State if the shipment is in violation of this Act.

(5.3) To receive complaints from licensees, local officials, law enforcement agencies, organizations, and persons stating that any licensee has been or is violating any provision of this Act or the rules and regulations issued pursuant to this Act. Such complaints shall be in writing, signed and sworn to by the person making the complaint, and shall state with specificity the facts in relation to the alleged violation. If the Commission has reasonable grounds to believe that the complaint substantially alleges a violation of this Act or rules and regulations adopted pursuant to this Act, it shall conduct an investigation. If, after conducting an investigation, the Commission is satisfied that the alleged violation did occur, it shall proceed with disciplinary action against the licensee as provided in this Act.

(6) To hear and determine appeals from orders of a local commission in accordance with the provisions of this Act, as hereinafter set forth. Hearings under this subsection shall be held in Springfield or Chicago, at whichever location is the more convenient for the majority of persons who are parties to the hearing.

(7) The commission shall establish uniform systems of accounts to be kept by all retail

[April 13, 2016] 57

licensees having more than 4 employees, and for this purpose the commission may classify all retail licensees having more than 4 employees and establish a uniform system of accounts for each class and prescribe the manner in which such accounts shall be kept. The commission may also prescribe the forms of accounts to be kept by all retail licensees having more than 4 employees, including but not limited to accounts of earnings and expenses and any distribution, payment, or other distribution of earnings or assets, and any other forms, records and memoranda which in the judgment of the commission may be necessary or appropriate to carry out any of the provisions of this Act, including but not limited to such forms, records and memoranda as will readily and accurately disclose at all times the beneficial ownership of such retail licensed business. The accounts, forms, records and memoranda shall be available at all reasonable times for inspection by authorized representatives of the State commission or by any local liquor control commissioner or his or her authorized representative. The commission, may, from time to time, alter, amend or repeal, in whole or in part, any uniform system of accounts, or the form and manner of keeping accounts.

(8) In the conduct of any hearing authorized to be held by the commission, to appoint, at the commission's discretion, hearing officers to conduct hearings involving complex issues or issues that will require a protracted period of time to resolve, to examine, or cause to be examined, under oath, any licensee, and to examine or cause to be examined the books and records of such licensee; to hear testimony and take proof material for its information in the discharge of its duties hereunder; to administer or cause to be administered oaths; for any such purpose to issue subpoena or subpoenas to require the attendance of witnesses and the production of books, which shall be effective in any part of this State, and to adopt rules to implement its powers under this paragraph (8).

Any Circuit Court may by order duly entered, require the attendance of witnesses and the production of relevant books subpoenaed by the State commission and the court may compel obedience

to its order by proceedings for contempt.

(9) To investigate the administration of laws in relation to alcoholic liquors in this and other states and any foreign countries, and to recommend from time to time to the Governor and through him or her to the legislature of this State, such amendments to this Act, if any, as it may think desirable and as will serve to further the general broad purposes contained in Section 1-2 hereof.

(10) To adopt such rules and regulations consistent with the provisions of this Act which shall be necessary for the control, sale or disposition of alcoholic liquor damaged as a result of

an accident, wreck, flood, fire or other similar occurrence.

(11) To develop industry educational programs related to responsible serving and selling, particularly in the areas of overserving consumers and illegal underage purchasing and

consumption of alcoholic beverages.

(11.1) To license persons providing education and training to alcohol beverage sellers and servers for mandatory and non-mandatory training under the Beverage Alcohol Sellers and Servers Education and Training (BASSET) programs and to develop and administer a public awareness program in Illinois to reduce or eliminate the illegal purchase and consumption of alcoholic beverage products by persons under the age of 21. Application for a license shall be made on forms provided by the State Commission.

(12) To develop and maintain a repository of license and regulatory information. (13) (Blank). On or before January 15, 1994, the Commission shall issue a written report to the Governor and General Assembly that is to be based on a comprehensive study of the impact on and implications for the State of Illinois of Section 1926 of the Federal ADAMHA Reorganization Act of 1992 (Public Law 102-321). This study shall address the extent to which Illinois currently complies with the provisions of P.L. 102-321 and the rules promulgated pursuant thereto. As part of its report, the Commission shall provide the following essential information: (i) the number of retail distributors of tobacco products, by type and geographic area, in the State; (ii) the number of reported citations and successful convictions, categorized by type and location of retail distributor, for violation of the Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act and the Smokeless Tobacco Limitation Act; (iii) the extent and nature of organized educational and governmental activities that are intended to promote, encourage or otherwise secure compliance with any Illinois laws that prohibit the sale or distribution of tobacco products to minors; and (iv) the level of access and availability of tobacco products to individuals under the age of 18. To obtain the data necessary to comply with the provisions of P.L. 102-321 and the requirements of this report, the Commission shall conduct random, unannounced inspections of a geographically and scientifically representative sample of the State's retail tobacco distributors.

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The Commission shall consult with the Department of Public Health, the Department of Human Services, the Illinois State Police and any other executive branch agency, and private organizations that may have information relevant to this report. The Commission may contract with the Food and Drug Administration of the U.S. Department of Health and Human Services to conduct unannounced investigations of Illinois tobacco vendors to determine compliance with federal laws relating to the illegal sale of cigarettes and smokeless tobacco products to persons under the age of 18. (14) On or before April 30, 2008 and every 2 years thereafter, the Commission shall present a written report to the Governor and the General Assembly that shall be based on a study of the impact of this amendatory Act of the 95th General Assembly on the business of soliciting, selling, and

shipping wine from inside and outside of this State directly to residents of this State. As part of its report, the Commission shall provide all of the following information:

(A) The amount of State excise and sales tax revenues generated. (B) The amount of licensing fees received. (C) The number of cases of wine shipped from inside and outside of this State directly to residents of this State.

(D) The number of alcohol compliance operations conducted. (E) The number of winery shipper's licenses issued. (F) The number of each of the following: reported violations; cease and desist notices issued by the Commission; notices of violations issued by the Commission and to the Department of Revenue; and notices and complaints of violations to law enforcement officials,

including, without limitation, the Illinois Attorney General and the U.S. Department of Treasury's Alcohol and Tobacco Tax and Trade Bureau.

(15) As a means to reduce the underage consumption of alcoholic liquors, the Commission shall conduct alcohol compliance operations to investigate whether businesses that are soliciting, selling, and shipping wine from inside or outside of this State directly to residents of this

State are licensed by this State or are selling or attempting to sell wine to persons under 21 years of age in violation of this Act.

(16) The Commission shall, in addition to notifying any appropriate law enforcement agency, submit notices of complaints or violations of Sections 6-29 and 6-29.1 by persons who do not hold a winery shipper's license under this amendatory Act to the Illinois Attorney General and to the U.S. Department of Treasury's Alcohol and Tobacco Tax and Trade Bureau.

(17) (A) A person licensed to make wine under the laws of another state who has a winery shipper's license under this amendatory Act and annually produces less than 25,000 gallons of wine or a person who has a first-class or second-class wine manufacturer's license, a first-class or second-class wine-maker's license, or a limited wine manufacturer's license under this Act and annually produces

less than 25,000 gallons of wine may make application to the Commission for a self-distribution exemption to allow the sale of not more than 5,000 gallons of the exemption holder's wine to retail licensees per year.

(B) In the application, which shall be sworn under penalty of perjury, such person shall state (1) the date it was established; (2) its volume of production and sales for each year since its establishment; (3) its efforts to establish distributor relationships; (4) that a self-distribution

exemption is necessary to facilitate the marketing of its wine; and (5) that it will comply with the liquor and revenue laws of the United States, this State, and any other state where it is licensed.

(C) The Commission shall approve the application for a self-distribution exemption if such person: (1) is in compliance with State revenue and liquor laws; (2) is not a member of any affiliated group that produces more than 25,000 gallons of wine per annum or produces any other

alcoholic liquor; (3) will not annually produce for sale more than 25,000 gallons of wine; and (4) will not annually sell more than 5,000 gallons of its wine to retail licensees.

(D) A self-distribution exemption holder shall annually certify to the Commission its production of wine in the previous 12 months and its anticipated production and sales for the next 12 months. The Commission may fine, suspend, or revoke a self-distribution exemption after a hearing if it finds that the exemption holder has made a material misrepresentation in its application,

violated a revenue or liquor law of Illinois, exceeded production of 25,000 gallons of wine in any calendar year, or become part of an affiliated group producing more than 25,000 gallons of wine or any other alcoholic liquor.

(E) Except in hearings for violations of this Act or amendatory Act or a bona fide

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investigation by duly sworn law enforcement officials, the Commission, or its agents, the Commission shall maintain the production and sales information of a self-distribution exemption holder as confidential and shall not release such information to any person.

(F) The Commission shall issue regulations governing self-distribution exemptions consistent with this Section and this Act.

(G) Nothing in this subsection (17) shall prohibit a self-distribution exemption holder from entering into or simultaneously having a distribution agreement with a licensed Illinois

distributor.

(H) It is the intent of this subsection (17) to promote and continue orderly markets. The General Assembly finds that in order to preserve Illinois' regulatory distribution system it is necessary to create an exception for smaller makers of wine as their wines are frequently adjusted in varietals, mixes, vintages, and taste to find and create market niches sometimes too small for

distributor or importing distributor business strategies. Limited self-distribution rights will afford and allow smaller makers of wine access to the marketplace in order to develop a customer base without impairing the integrity of the 3-tier system.

(18) (A) A class 1 brewer licensee, who must also be either a licensed brewer or licensed non-resident dealer and annually manufacture less than 930,000 gallons of beer, may make application to the State Commission for a self-distribution exemption to allow the sale of not more than 232,500 gallons of the exemption holder's beer to retail licensees per year.

(B) In the application, which shall be sworn under penalty of perjury, the class 1 brewer licensee shall state (1) the date it was established; (2) its volume of beer manufactured and sold for each year since its establishment; (3) its efforts to establish distributor relationships; (4) that a self-distribution exemption is necessary to facilitate the marketing of its beer; and (5) that it will comply with the alcoholic beverage and revenue laws of the United States, this State, and any other state where it is licensed.

(C) Any application submitted shall be posted on the State Commission's website at least 45 days prior to action by the State Commission. The State Commission shall approve the application for a self-distribution exemption if the class 1 brewer licensee: (1) is in compliance with the State, revenue, and alcoholic beverage laws; (2) is not a member of any affiliated group that manufacturers more than 930,000 gallons of beer per annum or produces any other alcoholic

beverages; (3) shall not annually manufacture for sale more than 930,000 gallons of beer; (4) shall not annually sell more than 232,500 gallons of its beer to retail licensees; and (5) has relinquished any brew pub license held by the licensee, including any ownership interest it held in the licensed brew pub.

(D) A self-distribution exemption holder shall annually certify to the State Commission its manufacture of beer during the previous 12 months and its anticipated manufacture and sales of beer for the next 12 months. The State Commission may fine, suspend, or revoke a self- distribution exemption after a hearing if it finds that the exemption holder has made a material

misrepresentation in its application, violated a revenue or alcoholic beverage law of Illinois, exceeded the manufacture of 930,000 gallons of beer in any calendar year or became part of an affiliated group manufacturing more than 930,000 gallons of beer or any other alcoholic beverage.

(E) The State Commission shall issue rules and regulations governing self-distribution exemptions consistent with this Act.

(F) Nothing in this paragraph (18) shall prohibit a self-distribution exemption holder from entering into or simultaneously having a distribution agreement with a licensed Illinois importing distributor or a distributor. If a self-distribution exemption holder enters into a distribution agreement and has assigned distribution rights to an importing distributor or distributor, then the self- distribution exemption holder's distribution rights in the assigned territories shall cease in a reasonable time not to exceed 60 days.

(G) It is the intent of this paragraph (18) to promote and continue orderly markets. The General Assembly finds that in order to preserve Illinois' regulatory distribution system, it is necessary to create an exception for smaller manufacturers in order to afford and allow such

smaller manufacturers of beer access to the marketplace in order to develop a customer base without impairing the integrity of the 3-tier system.

(b) On or before April 30, 1999, the Commission shall present a written report to the Governor and the General Assembly that shall be based on a study of the impact of this amendatory Act of 1998 on the business of soliciting, selling, and shipping alcoholic liquor from outside of this State directly to residents of this State. As part of its report, the Commission shall provide the following information: [April 13, 2016] 60

(i) the amount of State excise and sales tax revenues generated as a result of this amendatory Act of 1998;

(ii) the amount of licensing fees received as a result of this amendatory Act of 1998; (iii) the number of reported violations, the number of cease and desist notices issued by the Commission, the number of notices of violations issued to the Department of Revenue, and the

number of notices and complaints of violations to law enforcement officials.

(Source: P.A. 98-401, eff. 8-16-13; 98-939, eff. 7-1-15; 98-941, eff. 1-1-15; 99-78, eff. 7-20-15; 99-448, eff. 8-24-15.) (235 ILCS 5/6-16.1) Sec. 6-16.1. Enforcement actions. (a) A licensee or an officer, associate, member, representative, agent, or employee of a licensee may sell, give, or deliver alcoholic liquor to a person under the age of 21 years or authorize the sale, gift, or delivery of alcoholic liquor to a person under the age of 21 years pursuant to a plan or action to investigate, patrol, or otherwise conduct a "sting operation" or enforcement action against a person employed by the licensee or on any licensed premises if the licensee or officer, associate, member, representative, agent, or employee of the licensee provides written notice, at least 14 days before the "sting operation" or enforcement action, unless governing body of the municipality or county having jurisdiction sets a shorter period by ordinance, to the law enforcement agency having jurisdiction, the local liquor control commissioner, or both. Notice provided under this Section shall be valid for a "sting operation" or enforcement action conducted within 60 days of the provision of that notice, unless the governing body of the municipality or county having jurisdiction sets a shorter period by ordinance. (b) A local liquor control commission or unit of local government that conducts alcohol and tobacco compliance operations shall establish a policy and standards for alcohol and tobacco compliance operations to investigate whether a licensee is furnishing (1) alcoholic liquor to persons under 21 years of age in violation of this Act or (2) tobacco to persons in violation of the Prevention of Tobacco Use by Persons under 21 Years of Age Minors and Sale and Distribution of Tobacco Products Act. (c) The Illinois Law Enforcement Training Standards Board shall develop a model policy and guidelines for the operation of alcohol and tobacco compliance checks by local law enforcement officers. The Illinois Law Enforcement Training Standards Board shall also require the supervising officers of such compliance checks to have met a minimum training standard as determined by the Board. The Board shall have the right to waive any training based on current written policies and procedures for alcohol and tobacco compliance check operations and in-service training already administered by the local law enforcement agency, department, or office. (d) The provisions of subsections (b) and (c) do not apply to a home rule unit with more than 2,000,000 inhabitants. (e) A home rule unit, other than a home rule unit with more than 2,000,000 inhabitants, may not regulate enforcement actions in a manner inconsistent with the regulation of enforcement actions under this Section. This subsection (e) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. (f) A licensee who is the subject of an enforcement action or "sting operation" under this Section and is found, pursuant to the enforcement action, to be in compliance with this Act shall be notified by the enforcement agency action that no violation was found within 30 days after the finding. (Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10; 96-1000, eff. 7-2-10.)

Section 20. The Juvenile Court Act of 1987 is amended by changing Sections 5-615 and 5-710 as follows: (705 ILCS 405/5-615) Sec. 5-615. Continuance under supervision. (1) The court may enter an order of continuance under supervision for an offense other than first degree murder, a Class X felony or a forcible felony: (a) upon an admission or stipulation by the appropriate respondent or minor respondent of the facts supporting the petition and before the court makes a finding of delinquency, and in the absence of objection made in open court by the minor, his or her parent, guardian, or legal custodian, the minor's attorney or the State's Attorney; or

(b) upon a finding of delinquency and after considering the circumstances of the offense and the history, character, and condition of the minor, if the court is of the opinion that:

(i) the minor is not likely to commit further crimes; (ii) the minor and the public would be best served if the minor were not to receive a criminal record; and

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(iii) in the best interests of justice an order of continuance under supervision is more appropriate than a sentence otherwise permitted under this Act.

(2) (Blank). (3) Nothing in this Section limits the power of the court to order a continuance of the hearing for the production of additional evidence or for any other proper reason. (4) When a hearing where a minor is alleged to be a delinquent is continued pursuant to this Section, the period of continuance under supervision may not exceed 24 months. The court may terminate a continuance under supervision at any time if warranted by the conduct of the minor and the ends of justice or vacate the finding of delinquency or both. (5) When a hearing where a minor is alleged to be delinquent is continued pursuant to this Section, the court may, as conditions of the continuance under supervision, require the minor to do any of the following: (a) not violate any criminal statute of any jurisdiction; (b) make a report to and appear in person before any person or agency as directed by the court;

(c) work or pursue a course of study or vocational training; (d) undergo medical or psychotherapeutic treatment rendered by a therapist licensed under the provisions of the Medical Practice Act of 1987, the Clinical Psychologist Licensing Act, or the Clinical Social Work and Social Work Practice Act, or an entity licensed by the Department of

Human Services as a successor to the Department of Alcoholism and Substance Abuse, for the provision of drug addiction and alcoholism treatment;

(e) attend or reside in a facility established for the instruction or residence of persons on probation;

(f) support his or her dependents, if any; (g) pay costs; (h) refrain from possessing a firearm or other dangerous weapon, or an automobile; (i) permit the probation officer to visit him or her at his or her home or elsewhere; (j) reside with his or her parents or in a foster home; (k) attend school; (k-5) with the consent of the superintendent of the facility, attend an educational program at a facility other than the school in which the offense was committed if he or she committed a crime of violence as defined in Section 2 of the Crime Victims Compensation Act in a school, on the real property comprising a school, or within 1,000 feet of the real property comprising a school;

(l) attend a non-residential program for youth; (m) contribute to his or her own support at home or in a foster home; (n) perform some reasonable public or community service; (o) make restitution to the victim, in the same manner and under the same conditions as provided in subsection (4) of Section 5-710, except that the "sentencing hearing" referred to in that

Section shall be the adjudicatory hearing for purposes of this Section;

(p) comply with curfew requirements as designated by the court; (q) refrain from entering into a designated geographic area except upon terms as the court finds appropriate. The terms may include consideration of the purpose of the entry, the time of

day, other persons accompanying the minor, and advance approval by a probation officer;

(r) refrain from having any contact, directly or indirectly, with certain specified persons or particular types of persons, including but not limited to members of street gangs and drug

users or dealers;

(r-5) undergo a medical or other procedure to have a tattoo symbolizing allegiance to a street gang removed from his or her body;

(s) refrain from having in his or her body the presence of any illicit drug prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act, unless prescribed by a physician, and submit samples of his or her blood or urine or both for tests to determine the presence of any illicit drug; or

(t) comply with any other conditions as may be ordered by the court. (6) A minor whose case is continued under supervision under subsection (5) shall be given a certificate setting forth the conditions imposed by the court. Those conditions may be reduced, enlarged, or modified by the court on motion of the probation officer or on its own motion, or that of the State's Attorney, or, at the request of the minor after notice and hearing. (7) If a petition is filed charging a violation of a condition of the continuance under supervision, the court shall conduct a hearing. If the court finds that a condition of supervision has not been fulfilled, the [April 13, 2016] 62 court may proceed to findings, , and disposition or adjudication and disposition. The filing of a petition for violation of a condition of the continuance under supervision shall toll the period of continuance under supervision until the final determination of the charge, and the term of the continuance under supervision shall not run until the hearing and disposition of the petition for violation; provided where the petition alleges conduct that does not constitute a criminal offense, the hearing must be held within 30 days of the filing of the petition unless a delay shall continue the tolling of the period of continuance under supervision for the period of the delay. (8) When a hearing in which a minor is alleged to be a delinquent for reasons that include a violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 is continued under this Section, the court shall, as a condition of the continuance under supervision, require the minor to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction. The community service shall include, but need not be limited to, the cleanup and repair of the damage that was caused by the alleged violation or similar damage to property located in the municipality or county in which the alleged violation occurred. The condition may be in addition to any other condition. (8.5) When a hearing in which a minor is alleged to be a delinquent for reasons that include a violation of Section 3.02 or Section 3.03 of the Humane Care for Animals Act or paragraph (d) of subsection (1) of Section 21-1 of the Criminal Code of 1961 or paragraph (4) of subsection (a) of Section 21-1 or the Criminal Code of 2012 is continued under this Section, the court shall, as a condition of the continuance under supervision, require the minor to undergo medical or psychiatric treatment rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist. The condition may be in addition to any other condition. (9) When a hearing in which a minor is alleged to be a delinquent is continued under this Section, the court, before continuing the case, shall make a finding whether the offense alleged to have been committed either: (i) was related to or in furtherance of the activities of an organized gang or was motivated by the minor's membership in or allegiance to an organized gang, or (ii) is a violation of paragraph (13) of subsection (a) of Section 12-2 or paragraph (2) of subsection (c) of Section 12-2 of the Criminal Code of 1961 or the Criminal Code of 2012, a violation of any Section of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012, or a violation of any statute that involved the unlawful use of a firearm. If the court determines the question in the affirmative the court shall, as a condition of the continuance under supervision and as part of or in addition to any other condition of the supervision, require the minor to perform community service for not less than 30 hours, provided that community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. The community service shall include, but need not be limited to, the cleanup and repair of any damage caused by an alleged violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 and similar damage to property located in the municipality or county in which the alleged violation occurred. When possible and reasonable, the community service shall be performed in the minor's neighborhood. For the purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. (10) The court shall impose upon a minor placed on supervision, as a condition of the supervision, a fee of $50 for each month of supervision ordered by the court, unless after determining the inability of the minor placed on supervision to pay the fee, the court assesses a lesser amount. The court may not impose the fee on a minor who is made a ward of the State under this Act while the minor is in placement. The fee shall be imposed only upon a minor who is actively supervised by the probation and court services department. A court may order the parent, guardian, or legal custodian of the minor to pay some or all of the fee on the minor's behalf. (11) (Blank). If a minor is placed on supervision for a violation of subsection (a-7) of Section 1 of the Prevention of Tobacco Use by Minors Act, the court may, in its discretion, and upon recommendation by the State's Attorney, order that minor and his or her parents or legal guardian to attend a smoker's education or youth diversion program as defined in that Act if that program is available in the jurisdiction where the offender resides. Attendance at a smoker's education or youth diversion program shall be time-credited against any community service time imposed for any first violation of subsection (a-7) of Section 1 of that Act. In addition to any other penalty that the court may impose for a violation of subsection (a-7) of Section 1 of that Act, the court, upon request by the State's Attorney, may in its discretion require the offender to remit a fee for his or her attendance at a smoker's education or youth diversion program. For purposes of this Section, "smoker's education program" or "youth diversion program" includes, but is not limited to, a seminar designed to educate a person on the physical and psychological effects of smoking tobacco products and the health consequences of smoking tobacco products that can be conducted with a locality's youth diversion program. [April 13, 2016] 63

In addition to any other penalty that the court may impose under this subsection (11): (a) If a minor violates subsection (a-7) of Section 1 of the Prevention of Tobacco Use by Minors Act, the court may impose a sentence of 15 hours of community service or a fine of $25 for a first violation. (b) A second violation by a minor of subsection (a-7) of Section 1 of that Act that occurs within 12 months after the first violation is punishable by a fine of $50 and 25 hours of community service. (c) A third or subsequent violation by a minor of subsection (a-7) of Section 1 of that Act that occurs within 12 months after the first violation is punishable by a $100 fine and 30 hours of community service. (d) Any second or subsequent violation not within the 12-month time period after the first violation is punishable as provided for a first violation. (Source: P.A. 97-1150, eff. 1-25-13; 98-62, eff. 1-1-14.) (705 ILCS 405/5-710) Sec. 5-710. Kinds of sentencing orders. (1) The following kinds of sentencing orders may be made in respect of wards of the court: (a) Except as provided in Sections 5-805, 5-810, 5-815, a minor who is found guilty under Section 5-620 may be:

(i) put on probation or conditional discharge and released to his or her parents, guardian or legal custodian, provided, however, that any such minor who is not committed to the Department of Juvenile Justice under this subsection and who is found to be a delinquent for an

offense which is first degree murder, a Class X felony, or a forcible felony shall be placed on probation;

(ii) placed in accordance with Section 5-740, with or without also being put on probation or conditional discharge;

(iii) required to undergo a substance abuse assessment conducted by a licensed provider and participate in the indicated clinical level of care;

(iv) on and after the effective date of this amendatory Act of the 98th General Assembly and before January 1, 2017, placed in the guardianship of the Department of Children and Family Services, but only if the delinquent minor is under 16 years of age or, pursuant to Article II of this Act, a minor for whom an independent basis of abuse, neglect, or dependency exists. On and after January 1, 2017, placed in the guardianship of the Department of Children and Family Services,

but only if the delinquent minor is under 15 years of age or, pursuant to Article II of this Act, a minor for whom an independent basis of abuse, neglect, or dependency exists. An independent basis exists when the allegations or adjudication of abuse, neglect, or dependency do not arise from the same facts, incident, or circumstances which give rise to a charge or adjudication of delinquency;

(v) placed in detention for a period not to exceed 30 days, either as the exclusive order of disposition or, where appropriate, in conjunction with any other order of disposition issued under this paragraph, provided that any such detention shall be in a juvenile detention home and the minor so detained shall be 10 years of age or older. However, the 30-day limitation may be extended by further order of the court for a minor under age 15 committed to the Department of Children and Family Services if the court finds that the minor is a danger to himself or others. The minor shall be given credit on the sentencing order of detention for time spent in detention under Sections 5-501, 5- 601, 5-710, or 5-720 of this Article as a result of the offense for which the sentencing order was imposed. The court may grant credit on a sentencing order of detention entered under a violation of probation or violation of conditional discharge under Section 5-720 of this Article for time spent in detention before the filing of the petition alleging the violation. A minor shall not be deprived of credit for time spent in detention before the filing of a violation of probation or conditional discharge alleging the same or related act or acts. The limitation that the minor shall only be placed in a juvenile detention home does not apply as follows:

Persons 18 years of age and older who have a petition of delinquency filed against them may be confined in an adult detention facility. In making a determination whether to confine a person 18 years of age or older who has a petition of delinquency filed against the person, these factors, among other matters, shall be considered:

(A) the age of the person; (B) any previous delinquent or criminal history of the person; (C) any previous abuse or neglect history of the person; (D) any mental health history of the person; and (E) any educational history of the person; (vi) ordered partially or completely emancipated in accordance with the provisions of the Emancipation of Minors Act;

(vii) subject to having his or her driver's license or driving privileges suspended [April 13, 2016] 64

for such time as determined by the court but only until he or she attains 18 years of age;

(viii) put on probation or conditional discharge and placed in detention under Section 3-6039 of the Counties Code for a period not to exceed the period of incarceration permitted by law for adults found guilty of the same offense or offenses for which the minor was adjudicated

delinquent, and in any event no longer than upon attainment of age 21; this subdivision (viii) notwithstanding any contrary provision of the law;

(ix) ordered to undergo a medical or other procedure to have a tattoo symbolizing allegiance to a street gang removed from his or her body; or

(x) placed in electronic home detention under Part 7A of this Article. (b) A minor found to be guilty may be committed to the Department of Juvenile Justice under Section 5-750 if the minor is at least 13 years and under 20 years of age, provided that the commitment to the Department of Juvenile Justice shall be made only if a term of imprisonment in the penitentiary system of the Department of Corrections is permitted by law for adults found guilty of the offense for which the minor was adjudicated delinquent. The court shall include in the sentencing order any pre-custody credits the minor is entitled to under Section 5-4.5-100 of the Unified Code of Corrections. The time during which a minor is in custody before being released upon the request of a parent, guardian or legal custodian shall also be considered as time spent in custody.

(c) When a minor is found to be guilty for an offense which is a violation of the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act and made a ward of the court, the court may enter a disposition order

requiring the minor to undergo assessment, counseling or treatment in a substance abuse program approved by the Department of Human Services.

(2) Any sentencing order other than commitment to the Department of Juvenile Justice may provide for protective supervision under Section 5-725 and may include an order of protection under Section 5-730. (3) Unless the sentencing order expressly so provides, it does not operate to close proceedings on the pending petition, but is subject to modification until final closing and discharge of the proceedings under Section 5-750. (4) In addition to any other sentence, the court may order any minor found to be delinquent to make restitution, in monetary or non-monetary form, under the terms and conditions of Section 5-5-6 of the Unified Code of Corrections, except that the "presentencing hearing" referred to in that Section shall be the sentencing hearing for purposes of this Section. The parent, guardian or legal custodian of the minor may be ordered by the court to pay some or all of the restitution on the minor's behalf, pursuant to the Parental Responsibility Law. The State's Attorney is authorized to act on behalf of any victim in seeking restitution in proceedings under this Section, up to the maximum amount allowed in Section 5 of the Parental Responsibility Law. (5) Any sentencing order where the minor is committed or placed in accordance with Section 5-740 shall provide for the parents or guardian of the estate of the minor to pay to the legal custodian or guardian of the person of the minor such sums as are determined by the custodian or guardian of the person of the minor as necessary for the minor's needs. The payments may not exceed the maximum amounts provided for by Section 9.1 of the Children and Family Services Act. (6) Whenever the sentencing order requires the minor to attend school or participate in a program of training, the truant officer or designated school official shall regularly report to the court if the minor is a chronic or habitual truant under Section 26-2a of the School Code. Notwithstanding any other provision of this Act, in instances in which educational services are to be provided to a minor in a residential facility where the minor has been placed by the court, costs incurred in the provision of those educational services must be allocated based on the requirements of the School Code. (7) In no event shall a guilty minor be committed to the Department of Juvenile Justice for a period of time in excess of that period for which an adult could be committed for the same act. The court shall include in the sentencing order a limitation on the period of confinement not to exceed the maximum period of imprisonment the court could impose under Article V of the Unified Code of Corrections. (7.5) In no event shall a guilty minor be committed to the Department of Juvenile Justice or placed in detention when the act for which the minor was adjudicated delinquent would not be illegal if committed by an adult. (8) A minor found to be guilty for reasons that include a violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 shall be ordered to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction. The community service shall include, but need not be limited to, the cleanup and repair of the damage that was caused by the violation or similar damage to property located in the municipality or county in which the violation occurred. The order may be in addition to any other order authorized by this Section. [April 13, 2016] 65

(8.5) A minor found to be guilty for reasons that include a violation of Section 3.02 or Section 3.03 of the Humane Care for Animals Act or paragraph (d) of subsection (1) of Section 21-1 of the Criminal Code of 1961 or paragraph (4) of subsection (a) of Section 21-1 of the Criminal Code of 2012 shall be ordered to undergo medical or psychiatric treatment rendered by a psychiatrist or psychological treatment rendered by a clinical psychologist. The order may be in addition to any other order authorized by this Section. (9) In addition to any other sentencing order, the court shall order any minor found to be guilty for an act which would constitute, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, aggravated criminal sexual abuse, or criminal sexual abuse if committed by an adult to undergo medical testing to determine whether the defendant has any sexually transmissible disease including a test for infection with human immunodeficiency virus (HIV) or any other identified causative agency of acquired immunodeficiency syndrome (AIDS). Any medical test shall be performed only by appropriately licensed medical practitioners and may include an analysis of any bodily fluids as well as an examination of the minor's person. Except as otherwise provided by law, the results of the test shall be kept strictly confidential by all medical personnel involved in the testing and must be personally delivered in a sealed envelope to the judge of the court in which the sentencing order was entered for the judge's inspection in camera. Acting in accordance with the best interests of the victim and the public, the judge shall have the discretion to determine to whom the results of the testing may be revealed. The court shall notify the minor of the results of the test for infection with the human immunodeficiency virus (HIV). The court shall also notify the victim if requested by the victim, and if the victim is under the age of 15 and if requested by the victim's parents or legal guardian, the court shall notify the victim's parents or the legal guardian, of the results of the test for infection with the human immunodeficiency virus (HIV). The court shall provide information on the availability of HIV testing and counseling at the Department of Public Health facilities to all parties to whom the results of the testing are revealed. The court shall order that the cost of any test shall be paid by the county and may be taxed as costs against the minor. (10) When a court finds a minor to be guilty the court shall, before entering a sentencing order under this Section, make a finding whether the offense committed either: (a) was related to or in furtherance of the criminal activities of an organized gang or was motivated by the minor's membership in or allegiance to an organized gang, or (b) involved a violation of subsection (a) of Section 12-7.1 of the Criminal Code of 1961 or the Criminal Code of 2012, a violation of any Section of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012, or a violation of any statute that involved the wrongful use of a firearm. If the court determines the question in the affirmative, and the court does not commit the minor to the Department of Juvenile Justice, the court shall order the minor to perform community service for not less than 30 hours nor more than 120 hours, provided that community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. The community service shall include, but need not be limited to, the cleanup and repair of any damage caused by a violation of Section 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 2012 and similar damage to property located in the municipality or county in which the violation occurred. When possible and reasonable, the community service shall be performed in the minor's neighborhood. This order shall be in addition to any other order authorized by this Section except for an order to place the minor in the custody of the Department of Juvenile Justice. For the purposes of this Section, "organized gang" has the meaning ascribed to it in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act. (11) If the court determines that the offense was committed in furtherance of the criminal activities of an organized gang, as provided in subsection (10), and that the offense involved the operation or use of a motor vehicle or the use of a driver's license or permit, the court shall notify the Secretary of State of that determination and of the period for which the minor shall be denied driving privileges. If, at the time of the determination, the minor does not hold a driver's license or permit, the court shall provide that the minor shall not be issued a driver's license or permit until his or her 18th birthday. If the minor holds a driver's license or permit at the time of the determination, the court shall provide that the minor's driver's license or permit shall be revoked until his or her 21st birthday, or until a later date or occurrence determined by the court. If the minor holds a driver's license at the time of the determination, the court may direct the Secretary of State to issue the minor a judicial driving permit, also known as a JDP. The JDP shall be subject to the same terms as a JDP issued under Section 6-206.1 of the Illinois Vehicle Code, except that the court may direct that the JDP be effective immediately. (12) (Blank). If a minor is found to be guilty of a violation of subsection (a-7) of Section 1 of the Prevention of Tobacco Use by Minors Act, the court may, in its discretion, and upon recommendation by the State's Attorney, order that minor and his or her parents or legal guardian to attend a smoker's education or youth diversion program as defined in that Act if that program is available in the jurisdiction where the offender resides. Attendance at a smoker's education or youth diversion program shall be time-credited against any community service time imposed for any first violation of subsection (a-7) of Section 1 of that [April 13, 2016] 66

Act. In addition to any other penalty that the court may impose for a violation of subsection (a-7) of Section 1 of that Act, the court, upon request by the State's Attorney, may in its discretion require the offender to remit a fee for his or her attendance at a smoker's education or youth diversion program. For purposes of this Section, "smoker's education program" or "youth diversion program" includes, but is not limited to, a seminar designed to educate a person on the physical and psychological effects of smoking tobacco products and the health consequences of smoking tobacco products that can be conducted with a locality's youth diversion program. In addition to any other penalty that the court may impose under this subsection (12): (a) If a minor violates subsection (a-7) of Section 1 of the Prevention of Tobacco Use by Minors Act, the court may impose a sentence of 15 hours of community service or a fine of $25 for a first violation. (b) A second violation by a minor of subsection (a-7) of Section 1 of that Act that occurs within 12 months after the first violation is punishable by a fine of $50 and 25 hours of community service. (c) A third or subsequent violation by a minor of subsection (a-7) of Section 1 of that Act that occurs within 12 months after the first violation is punishable by a $100 fine and 30 hours of community service. (d) Any second or subsequent violation not within the 12-month time period after the first violation is punishable as provided for a first violation. (Source: P.A. 98-536, eff. 8-23-13; 98-803, eff. 1-1-15; 99-268, eff. 1-1-16.)

Section 25. The Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act is amended by changing the title of the Act and Sections 0.01, 1, and 2 as follows:

(720 ILCS 675/Act title) An Act to prohibit persons under 21 years of age minors from buying or , selling, or possessing tobacco in any of its forms, to prohibit selling, giving or furnishing tobacco, in any of its forms, to persons under 21 years of age minors, and to prohibit the distribution of tobacco samples and providing penalties therefor. (720 ILCS 675/0.01) (from Ch. 23, par. 2356.9) Sec. 0.01. Short title. This Act may be cited as the Prevention of Tobacco Use by Persons under 21 Years of Age Minors and Sale and Distribution of Tobacco Products Act. (Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10; 96-1000, eff. 7-2-10.) (720 ILCS 675/1) (from Ch. 23, par. 2357) Sec. 1. Prohibition on sale to and possession of tobacco products and electronic cigarettes to underage persons by minors; prohibition on the distribution of tobacco product samples and electronic cigarette samples to any person; use of identification cards; vending machines; lunch wagons; out-of-package sales. (a) No person minor under 21 18 years of age shall buy any tobacco product or electronic cigarette. No person shall sell, buy for, distribute samples of or furnish any tobacco product or any electronic cigarette to any person minor under 21 18 years of age. (a-5) No person minor under 16 years of age may sell any tobacco product or electronic cigarette at a retail establishment selling tobacco products or electronic cigarettes, or both. This subsection does not apply to a sales clerk in a family-owned business which can prove that the sales clerk is in fact a son or daughter of the owner. (a-5.1) Before selling, offering for sale, giving, or furnishing a tobacco product or electronic cigarette, to another person, the person selling, offering for sale, giving, or furnishing the tobacco product or electronic cigarette shall verify that the person is at least 21 years of age by: (1) examining from any person that appears to be under 30 years of age a government-issued photographic identification that establishes the person to be 21 years of age or older; or (2) for sales of electronic cigarettes made through the Internet or other remote sales methods, performing an age verification through an independent, third party age verification service that compares information available from public records to the personal information entered by the person during the ordering process that establishes the person is 21 years of age or older. (a-6) No person minor under 21 18 years of age in the furtherance or facilitation of obtaining any tobacco product shall display or use a false or forged identification card or transfer, alter, or deface an identification card. (a-7) (Blank). No minor under 18 years of age shall possess any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms. (a-8) A person shall not distribute without charge samples of any tobacco product or electronic cigarette to any other person, regardless of age: (1) within a retail establishment selling tobacco products, unless the retailer has verified the purchaser's age with a government issued identification;

(2) from a lunch wagon; or [April 13, 2016] 67

(3) on a public way as a promotion or advertisement of a tobacco manufacturer, or tobacco product, or electronic cigarette.

This subsection (a-8) does not apply to the distribution of a tobacco product sample in any adult-only facility. (a-9) For the purpose of this Section: "Adult-only facility means a facility or restricted area (whether open-air or enclosed) where the operator ensures or has a reasonable basis to believe (such as by checking identification as required under State law, or by checking the identification of any person appearing to be under the age of 30 27) that no person under legal age is present. A facility or restricted area need not be permanently

restricted to persons under 21 years of legal age to constitute an adult-only facility, provided that the operator ensures or has a reasonable basis to believe that no person under 21 years of legal age is present during the event or time period in question.

"Electronic cigarette" means: (1) any device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation; (2) any cartridge or container of a solution or substance intended to be used with or in the device or to refill the device; or (3) any solution or substance, whether or not it contains nicotine intended for use in the device. "Electronic cigarette" includes, but is not limited to, any electronic nicotine delivery system, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, or similar product or device, and any components or parts that can be used to build the product or device. "Electronic cigarette" excludes cigarettes as defined in Section 1 of the Cigarette Tax Act and tobacco products as defined in Section 10- 5 of the Tobacco Products Tax Act of 1995. "Electronic cigarette" does not include any asthma inhaler or any product that has been approved by the United States Food and Drug Administration for tobacco cessation, nicotine cessation, or other therapeutic product approved for use under the Compassionate Use of Medical Cannabis Pilot Program Act. "Lunch wagon" means a mobile vehicle designed and constructed to transport food and from which food is sold to the general public.

"Smokeless tobacco" means any tobacco products that are suitable for dipping or chewing. "Tobacco product" means any product containing or made from tobacco that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, and snus. "Tobacco product" includes any component, part, or accessory of a tobacco product, whether or not sold separately. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes in which the product is marketed and sold solely for the an approved purpose means any cigar, cigarette, smokeless tobacco, or tobacco in any of its forms. (b) Tobacco products and electronic cigarettes listed in this Section may be sold through a vending machine only if such tobacco products and electronic cigarettes are not placed together with any non- tobacco product, other than matches, in the vending machine and the vending machine is in any of the following locations: (1) (Blank). (2) Places to which persons minors under 21 18 years of age are not permitted access at any time. (3) Places where alcoholic beverages are sold and consumed on the premises and vending machine operation is under the direct supervision of the owner or manager.

(4) (Blank). (5) (Blank). Places where the vending machine can only be operated by the owner or an employee over age 18 either directly or through a remote control device if the device is inaccessible to all customers. (c) (Blank). (d) The sale or distribution by any person of a tobacco product in this Section, including but not limited to a single or loose cigarette, that is not contained within a sealed container, pack, or package as provided by the manufacturer, which container, pack, or package bears the health warning required by federal law, is prohibited. (e) It is not a violation of this Act for a person under 21 18 years of age to purchase a tobacco product or possess a cigar, cigarette, smokeless tobacco or electronic cigarette tobacco in any of its forms if the person under the age of 21 18 purchases or is given the cigar, cigarette, smokeless tobacco or tobacco product or electronic cigarette in any of its forms from a retail seller of tobacco products or electronic cigarettes or an employee of the retail seller pursuant to a plan or action to investigate, patrol, or otherwise conduct a "sting operation" or enforcement action against a retail seller of tobacco products or electronic [April 13, 2016] 68 cigarettes or a person employed by the retail seller of tobacco products or electronic cigarettes or on any premises authorized to sell tobacco products or electronic cigarettes to determine if tobacco products or electronic cigarettes are being sold or given to persons under 21 18 years of age if the "sting operation" or enforcement action is approved by, conducted by, or conducted on behalf of the Department of State Police, the county sheriff, a municipal police department, the Department of Revenue, the Department of Public Health, or a local health department. The results of any sting operation or enforcement action, including the name of the clerk, shall be provided to the retail seller within 7 business days. (Source: P.A. 98-1055, eff. 1-1-16.) (720 ILCS 675/2) (from Ch. 23, par. 2358) (Text of Section after amendment by P.A. 99-496) Sec. 2. Penalties. (a) Any person who violates subsection (a), or (a-5) , (a-5.1), (a-8), (b), or (d) of Section 1 or subsection (b) or (c) of Section 1.5 of this Act is guilty of a petty offense. For the first offense in a 24-month period, the person shall be fined $200 if his or her employer has a training program that facilitates compliance with minimum-age tobacco laws. For the second offense in a 24-month period, the person shall be fined $400 if his or her employer has a training program that facilitates compliance with minimum-age tobacco laws. For the third offense in a 24-month period, the person shall be fined $600 if his or her employer has a training program that facilitates compliance with minimum-age tobacco laws. For the fourth or subsequent offense in a 24-month period, the person shall be fined $800 if his or her employer has a training program that facilitates compliance with minimum-age tobacco laws. For the purposes of this subsection, the 24-month period shall begin with the person's first violation of the Act. The penalties in this subsection are in addition to any other penalties prescribed under the Cigarette Tax Act and the Tobacco Products Tax Act of 1995. (a-5) Any retailer who violates subsection (a) or (a-5) of Section 1 or subsection (b) or (c) of Section 1.5 of this Act is guilty of a petty offense. For the first offense, the retailer shall be fined $200 if it does not have a training program that facilitates compliance with minimum-age tobacco laws. For the second offense, the retailer shall be fined $400 if it does not have a training program that facilitates compliance with minimum-age tobacco laws. For the third offense, the retailer shall be fined $600 if it does not have a training program that facilitates compliance with minimum-age tobacco laws. For the fourth or subsequent offense in a 24-month period, the retailer shall be fined $800 if it does not have a training program that facilitates compliance with minimum-age tobacco laws. For the purposes of this subsection, the 24-month period shall begin with the person's first violation of the Act. The penalties in this subsection are in addition to any other penalties prescribed under the Cigarette Tax Act and the Tobacco Products Tax Act of 1995. (a-6) For the purpose of this Act, a training program that facilitates compliance with minimum-age tobacco laws must include at least the following elements: (i) it must explain that only individuals displaying valid identification demonstrating that they are 21 18 years of age or older shall be eligible to purchase cigarettes , or tobacco products , or electronic cigarettes and (ii) it must explain where a clerk can check identification for a date of birth. The training may be conducted electronically. Each retailer that has a training program shall require each employee who completes the training program to sign a form attesting that the employee has received and completed tobacco training. The form shall be kept in the employee's file and may be used to provide proof of training. (b) If a minor violates subsection (a-7) of Section 1 or subsection (d) of Section 1.5 he or she is guilty of a petty offense and the court may impose a sentence of 25 hours of community service and a fine of $50 for a first violation. If a person under 21 years of age minor violates subsection (a-6) of Section 1, he or she is guilty of a Class A misdemeanor. (c) (Blank). A second violation by a minor of subsection (a-7) of Section 1 or subsection (d) of Section 1.5 that occurs within 12 months after the first violation is punishable by a fine of $75 and 50 hours of community service. (d) (Blank). A third or subsequent violation by a minor of subsection (a-7) of Section 1 or subsection (d) of Section 1.5 that occurs within 12 months after the first violation is punishable by a $200 fine and 50 hours of community service. (e) (Blank). Any second or subsequent violation not within the 12-month time period after the first violation is punishable as provided for a first violation. (f) (Blank). If a minor is convicted of or placed on supervision for a violation of subsection (a-6) or (a- 7) of Section 1 or subsection (d) of Section 1.5, the court may, in its discretion, and upon recommendation by the State's Attorney, order that minor and his or her parents or legal guardian to attend a smoker's education or youth diversion program if that program is available in the jurisdiction where the offender resides. Attendance at a smoker's education or youth diversion program shall be time-credited against any [April 13, 2016] 69 community service time imposed for any first violation of subsection (a-7) of Section 1. In addition to any other penalty that the court may impose for a violation of subsection (a-7) of Section 1 or subsection (d) of Section 1.5, the court, upon request by the State's Attorney, may in its discretion require the offender to remit a fee for his or her attendance at a smoker's education or youth diversion program. (g) (Blank). For purposes of this Section, "smoker's education program" or "youth diversion program" includes, but is not limited to, a seminar designed to educate a person on the physical and psychological effects of smoking tobacco products and alternative nicotine products and the health consequences of smoking tobacco products and alternative nicotine products that can be conducted with a locality's youth diversion program. (h) All moneys collected as fines for violations of subsection (a), (a-5), (a-5.1), (a-6), (a-8), (b), or (d) or (a-7) of Section 1 and subsection (b), (c), or (d) of Section 1.5 shall be distributed in the following manner: (1) one-half of each fine shall be distributed to the unit of local government or other entity that successfully prosecuted the offender; and

(2) one-half shall be remitted to the State to be used for enforcing this Act. Any violation of subsection (a) or (a-5) of Section 1 or subsection (b) or (c) of Section 1.5 shall be reported to the Department of Revenue within 7 business days. (Source: P.A. 98-350, eff. 1-1-14; 98-1055, eff. 1-1-16; 99-192, eff. 1-1-16; 99-496, eff. 6-1-16.) (720 ILCS 675/1.5 rep.) Section 30. The Prevention of Tobacco Use by Minors and Sale and Distribution of Tobacco Products Act is amended by repealing Section 1.5.

Section 35. The Display of Tobacco Products Act is amended by changing Sections 5, 10, and 15 as follows: (720 ILCS 677/5) Sec. 5. Definitions. In this Act: "Electronic cigarette" "Alternative nicotine product" has the meaning ascribed to it in Section 1 1.5 of the Prevention of Tobacco Use by Persons under 21 Years of Age Minors and Sale and Distribution of Tobacco Products Act. "Line of sight" means visible to a cashier or other employee. "Age restricted area" means a signed designated area in a retail establishment to which persons minors under 21 18 years of age are not permitted access unless accompanied by a parent or legal guardian. (Source: P.A. 98-983, eff. 1-1-15.) (720 ILCS 677/10) Sec. 10. Tobacco product displays. All single packs of cigarettes and electronic cigarettes alternative nicotine products must be sold from behind the counter or in an age restricted area or in a sealed display case. Any other tobacco products must be sold in line of sight. The restrictions described in this Section do not apply to a retail tobacco store that (i) derives at least 90% of its revenue from tobacco and tobacco related products; (ii) does not permit persons under the age of 21 18 to enter the premises unless accompanied by a parent or legal guardian; and (iii) posts a sign on the main entrance way stating that persons under the age of 21 18 are prohibited from entering unless accompanied by a parent or legal guardian. (Source: P.A. 98-983, eff. 1-1-15.) (720 ILCS 677/15) Sec. 15. Vending machines. This Act does not prohibit the sale of tobacco products from vending machines if the location of the vending machines are in compliance with the provisions of Section 1 of the Prevention of Tobacco Use by Persons under 21 Years of Age Minors and Sale and Distribution of Tobacco Products Act. (Source: P.A. 96-179, eff. 8-10-09; 96-446, eff. 1-1-10; 96-1000, eff. 7-2-10.)

Section 40. The Smokeless Tobacco Limitation Act is amended by changing the title of the Act and Sections 3 and 4 as follows:

(720 ILCS 680/Act title) An Act to prohibit the sale or distribution of smokeless tobacco products to persons under 21 18 years of age. (720 ILCS 680/3) (from Ch. 23, par. 2358-23)

[April 13, 2016] 70

Sec. 3. No person shall sell any smokeless tobacco product to any person under the age of 21 18. Any person who violates this Section shall be guilty of a business offense punishable by a fine of not more than $50 for each violation. (Source: P.A. 85-465.) (720 ILCS 680/4) (from Ch. 23, par. 2358-24) Sec. 4. No person shall distribute or cause to be distributed to any person under the age of 21 18, without charge or at a nominal cost, any smokeless tobacco product. Any person who violates this Section shall be guilty of a business offense punishable for a first offense by a fine of $200, for a second offense in a 12- month period by a fine of $400, and for the third or any subsequent offense in a 12-month period by a fine of $600. One-half of each fine collected under this Section shall be distributed to the unit of local government or other entity that successfully prosecuted the offender and one-half shall be remitted to the State to be used for the enforcement of this Act. (Source: P.A. 88-418.)

Section 45. The Tobacco Accessories and Smoking Herbs Control Act is amended by changing Section 4 as follows: (720 ILCS 685/4) (from Ch. 23, par. 2358-4) Sec. 4. Offenses. (a) Sale to minors. No person shall knowingly sell, barter, exchange, deliver or give away or cause or permit or procure to be sold, bartered, exchanged, delivered, or given away tobacco accessories or smoking herbs to any person under 21 18 years of age. (a-5) Sale of bidi cigarettes. No person shall knowingly sell, barter, exchange, deliver, or give away a bidi cigarette to another person, nor shall a person cause or permit or procure a bidi cigarette to be sold, bartered, exchanged, delivered, or given away to another person. (b) Sale of cigarette paper. No person shall knowingly offer, sell, barter, exchange, deliver or give away cigarette paper or cause, permit, or procure cigarette paper to be sold, offered, bartered, exchanged, delivered, or given away except from premises or an establishment where other tobacco products are sold. For purposes of this Section, "tobacco products" means cigarettes, cigars, smokeless tobacco, or tobacco in any of its forms. (b-5) Sale of flavored wrapping paper and wrapping leaf. A person shall not knowingly sell, give away, barter, exchange, or otherwise furnish to any person any wrapping paper or wrapping leaf, however characterized, including, without limitation, cigarette papers, blunt wraps, cigar wraps, or tubes of paper or leaf, or any similar device, for the purpose of making a roll of tobacco or herbs for smoking, that is or is held out to be, impregnated, scented, or imbibed with, or aged or dipped in, a characterizing flavor, other than tobacco or menthol, including, without limitation, alcoholic or liquor flavor, or both, chocolate, fruit flavoring, vanilla, peanut butter, jelly, or any combination of those flavors or similar child attractive scent or flavor. (c) Sale of cigarette paper from vending machines. No person shall knowingly offer, sell, barter, exchange, deliver or give away cigarette paper or cause, permit, or procure cigarette paper to be sold, offered, bartered, exchanged, delivered, or given away by use of a vending or coin-operated machine or device. For purposes of this Section, "cigarette paper" shall not include any paper that is incorporated into a product to which a tax stamp must be affixed under the Cigarette Tax Act or the Cigarette Use Tax Act. (d) Use of identification cards. No person in the furtherance or facilitation of obtaining smoking accessories and smoking herbs shall display or use a false or forged identification card or transfer, alter, or deface an identification card. (e) Warning to minors. Any person, firm, partnership, company or corporation operating a place of business where tobacco accessories and smoking herbs are sold or offered for sale shall post in a conspicuous place upon the premises a sign upon which there shall be imprinted the following statement, "SALE OF TOBACCO ACCESSORIES AND SMOKING HERBS TO PERSONS UNDER EIGHTEEN YEARS OF AGE OR THE MISREPRESENTATION OF AGE TO PROCURE SUCH A SALE IS PROHIBITED BY LAW". The sign shall be printed on a white card in red letters at least one-half inch in height. (Source: P.A. 97-917, eff. 8-9-12.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.".

[April 13, 2016] 71

AMENDMENT NO. 2 TO SENATE BILL 3011 AMENDMENT NO. 2 . Amend Senate Bill 3011, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, on page 57, line 17, by replacing "A" with "B A"; and on page 64, line 20, by replacing "EIGHTEEN" with "TWENTY-ONE EIGHTEEN".

Senate Floor Amendment No. 3 was held in the Committee on Assignments. There being no further amendments, the foregoing Amendments Numbered 1 and 2 were ordered engrossed, and the bill, as amended, was ordered to a third reading.

On motion of Senator Haine, Senate Bill No. 3025 having been printed, was taken up, read by title a second time and ordered to a third reading.

On motion of Senator Steans, Senate Bill No. 3062 having been printed, was taken up, read by title a second time. Floor Amendment No. 1 was postponed in the Committee on Public Health. There being no further amendments, the bill was ordered to a third reading.

On motion of Senator Brady, Senate Bill No. 3063 having been printed, was taken up, read by title a second time. The following amendment was offered in the Committee on Judiciary, adopted and ordered printed:

AMENDMENT NO. 1 TO SENATE BILL 3063 AMENDMENT NO. 1 . Amend Senate Bill 3063 on page 2, line 12, by changing "$95,384" to "$95,834"; and on page 10, line 3, by changing "Sections 15 and 20" to "Sections 20 and 25".

There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed, and the bill, as amended, was ordered to a third reading.

On motion of Senator Clayborne, Senate Bill No. 3071 having been printed, was taken up, read by title a second time. Floor Amendment No. 1 was held in the Committee on State Government and Veterans Affairs. There being no further amendments, the bill was ordered to a third reading.

On motion of Senator Haine, Senate Bill No. 3072 having been printed, was taken up, read by title a second time. The following amendment was offered in the Committee on Insurance, adopted and ordered printed:

AMENDMENT NO. 1 TO SENATE BILL 3072 AMENDMENT NO. 1 . Amend Senate Bill 3072 as follows: on page 5, line 4, by replacing "industrial insured" with " or industrial insured".

There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed, and the bill, as amended, was ordered to a third reading.

On motion of Senator Trotter, Senate Bill No. 3079 having been printed, was taken up, read by title a second time and ordered to a third reading.

POSTING NOTICE WAIVED

Senator Raoul moved to waive the six-day posting requirement on Senate Bill No. 3292 so that the measure may be heard in the Committee on Criminal Law that is scheduled to meet this afternoon. The motion prevailed.

[April 13, 2016] 72

CONSIDERATION OF RESOLUTION ON SECRETARY’S DESK

Senator Lightford moved that Senate Resolution No. 1737, on the Secretary’s Desk, be taken up for immediate consideration. The motion prevailed. Senator Lightford moved that Senate Resolution No. 1737 be adopted. The motion prevailed. And the resolution was adopted.

Senator Silverstein asked and obtained unanimous consent to recess for the purpose of a Democrat caucus.

At the hour of 1:18 o'clock p.m., the Chair announced that the Senate stand at recess subject to the call of the Chair.

AFTER RECESS

At the hour of 2:15 o'clock p.m., the Senate resumed consideration of business. Senator Harmon presiding.

MESSAGES FROM THE HOUSE

A message from the House by Mr. Mapes, Clerk: Mr. President -- I am directed to inform the Senate that the House of Representatives has passed bills of the following titles, in the passage of which I am instructed to ask the concurrence of the Senate, to-wit: HOUSE BILL NO. 4366 A bill for AN ACT concerning the Secretary of State. HOUSE BILL NO. 4678 A bill for AN ACT concerning State government. HOUSE BILL NO. 5600 A bill for AN ACT concerning State government. HOUSE BILL NO. 5649 A bill for AN ACT concerning transportation. HOUSE BILL NO. 5930 A bill for AN ACT concerning regulation. Passed the House, April 13, 2016.

TIMOTHY D. MAPES, Clerk of the House

The foregoing House Bills Numbered 4366, 4678, 5600, 5649 and 5930 were taken up, ordered printed and placed on first reading.

A message from the House by Mr. Mapes, Clerk: Mr. President -- I am directed to inform the Senate that the House of Representatives has concurred with the Senate in the passage of a bill of the following title, to-wit: SENATE BILL NO. 382 A bill for AN ACT concerning local government. Passed the House, April 13, 2016.

TIMOTHY D. MAPES, Clerk of the House

CONSIDERATION OF HOUSE AMENDMENT TO SENATE BILL ON [April 13, 2016] 73

SECRETARY’S DESK

On motion of Senator Trotter, Senate Bill No. 2046, with House Amendment No. 1 on the Secretary’s Desk, was taken up for immediate consideration. Senator Trotter moved that the Senate concur with the House in the adoption of their amendment to said bill. And on that motion, a call of the roll was had resulting as follows:

YEAS 38; NAYS 17.

The following voted in the affirmative:

Bennett Haine Lightford Raoul Bertino-Tarrant Harmon Link Silverstein Biss Harris Manar Stadelman Bush Hastings Martinez Steans Clayborne Holmes McGuire Sullivan Collins Hunter Morrison Trotter Cullerton, T. Hutchinson Mulroe Van Pelt Cunningham Jones, E. Muñoz Mr. President Delgado Koehler Murphy, L. Forby Landek Noland

The following voted in the negative:

Althoff McCann Oberweis Syverson Anderson McCarter Radogno Weaver Barickman McConnaughay Rezin Brady Murphy, M. Righter Connelly Nybo Rose

The motion prevailed. And the Senate concurred with the House in the adoption of their Amendment No. 1 to Senate Bill No. 2046. Ordered that the Secretary inform the House of Representatives thereof.

Senator Muñoz, Chairperson of the Committee on Executive Appointments, moved that the Senate resolve itself into Executive Session to consider the report of that Committee relative to the appointment messages. The motion prevailed.

EXECUTIVE SESSION

MOTION IN WRITING

Pursuant to Senate Rule 10-1(c), as the Chairman of the Executive Appointments Committee, I move to compile the following Appointment Messages to be acted on together by a single vote of the Senate:

AMs 990156, 990157,990158, 990159, 990160, 990161, 990457, 990458, 990459, 990460, 990461, 990462 (Workers' Compensation Advisory Board)

AMs 990162, 990163, 990164 (Enterprise Zone Board)

AM 990176 (Illinois Medical Licensing Board)

AM 990185 (Illinois Finance Authority)

AMs 990195, 990278, 990284 (Illinois Community College Board) [April 13, 2016] 74

AM 990196 (Health Facilities and Services Review Board)

AMs 990198, 990273, 990274, 990275, 990276, 990296, 990329, 990339, 990355 (Workforce Investment Board)

AMs 990206, 990256 (Illinois Torture Inquiry & Relief Commission)

AMs 990212, 990345 (Illinois Housing Development Authority)

AM 990214 (Illinois Student Assistance Commission)

AM 990242 (Public Administrator & Public Guardian for Cumberland County)

AM 990243 (Public Administrator & Public Guardian for Shelby County)

AMs 990304, 990305, 990306, and 990326 (State Board of Health)

AM 990342 (Trustee of the Board of Trustees of Northern Illinois University)

AM 990343 (Public Administrator & Public Guardian for Clinton County)

AM 990344 (Public Administrator & Public Guardian for Marion County)

AM 990358 (Joliet Regional Port District Board)

Date: April 13, 2016

s/Senator Antonio Muñoz ASSISTANT MAJORITY LEADER ANTONIO MUÑOZ CHAIRMAN, EXECUTIVE APPOINTMENTS COMMITTEE

The Chair ordered that the foregoing motion be printed on the Senate Calendar.

Senator Muñoz, Chairperson of the Committee on Executive Appointments, to which was referred Appointment Message 990149, reported the same back with the recommendation that the Senate advise and consent to the following appointment:

Appointment Message No. 990149

Title of Office: Member and Chair

Agency or Other Body: Illinois Human Rights Commission

Start Date: March 30, 2015

End Date: January 21, 2019

Name: Rose Mary Bombela-Tobias

Residence: 503 S. Claremont Ave., Chicago, IL 60612

Annual Compensation: $52,179

Per diem: Not Applicable

Nominee's Senator: Senator Patricia Van Pelt

[April 13, 2016] 75

Most Recent Holder of Office: Martin Castro

Superseded Appointment Message: Not Applicable

Senator Muñoz moved that the Senate advise and consent to the foregoing appointment. And on that motion, a call of the roll was had resulting as follows:

YEAS 55; NAYS None.

The following voted in the affirmative:

Althoff Forby Manar Raoul Anderson Haine Martinez Rezin Barickman Harmon McCann Righter Bennett Harris McConnaughay Rose Bertino-Tarrant Hastings McGuire Silverstein Biss Holmes Morrison Stadelman Brady Hunter Mulroe Steans Bush Hutchinson Muñoz Sullivan Clayborne Jones, E. Murphy, L. Syverson Collins Koehler Murphy, M. Trotter Connelly Landek Noland Van Pelt Cullerton, T. Lightford Nybo Weaver Cunningham Link Oberweis Mr. President Delgado Luechtefeld Radogno

The motion prevailed. Whereupon the President of the Senate announced confirmation of the foregoing appointment.

Senator Muñoz, Chairperson of the Committee on Executive Appointments, to which was referred Appointment Message 990150, reported the same back with the recommendation that the Senate advise and consent to the following appointment:

Appointment Message No. 990150

Title of Office: Member

Agency or Other Body: Illinois Human Rights Commission

Start Date: March 30, 2015

End Date: January 21, 2019

Name: Duke Alden

Residence: 5430 N. Sheridan Road, Apt. 408, Chicago, IL 60640

Annual Compensation: $46,960

Per diem: Not Applicable

Nominee's Senator: Senator Heather A. Steans

Most Recent Holder of Office: Marti Barecevic

Superseded Appointment Message: Not Applicable

[April 13, 2016] 76

Senator Muñoz moved that the Senate advise and consent to the foregoing appointment. And on that motion, a call of the roll was had resulting as follows:

YEAS 55; NAYS None.

The following voted in the affirmative:

Althoff Forby Manar Raoul Anderson Haine Martinez Rezin Barickman Harmon McCann Righter Bennett Harris McConnaughay Rose Bertino-Tarrant Hastings McGuire Silverstein Biss Holmes Morrison Stadelman Brady Hunter Mulroe Steans Bush Hutchinson Muñoz Sullivan Clayborne Jones, E. Murphy, L. Syverson Collins Koehler Murphy, M. Trotter Connelly Landek Noland Van Pelt Cullerton, T. Lightford Nybo Weaver Cunningham Link Oberweis Mr. President Delgado Luechtefeld Radogno

The motion prevailed. Whereupon the President of the Senate announced confirmation of the foregoing appointment.

Senator Muñoz, Chairperson of the Committee on Executive Appointments, to which was referred Appointment Message 990152, reported the same back with the recommendation that the Senate advise and consent to the following appointment:

Appointment Message No. 990152

Title of Office: Member

Agency or Other Body: Illinois Human Rights Commission

Start Date: March 30, 2015

End Date: January 21, 2019

Name: Hamilton Chang

Residence: 2311 Birchwood Ave., Wilmette, IL 60091

Annual Compensation: $46,960

Per diem: Not Applicable

Nominee's Senator: Senator Daniel Biss

Most Recent Holder of Office: David Chang

Superseded Appointment Message: Not Applicable

Senator Muñoz moved that the Senate advise and consent to the foregoing appointment. And on that motion, a call of the roll was had resulting as follows:

[April 13, 2016] 77

YEAS 55; NAYS None.

The following voted in the affirmative:

Althoff Forby Manar Raoul Anderson Haine Martinez Rezin Barickman Harmon McCann Righter Bennett Harris McConnaughay Rose Bertino-Tarrant Hastings McGuire Silverstein Biss Holmes Morrison Stadelman Brady Hunter Mulroe Steans Bush Hutchinson Muñoz Sullivan Clayborne Jones, E. Murphy, L. Syverson Collins Koehler Murphy, M. Trotter Connelly Landek Noland Van Pelt Cullerton, T. Lightford Nybo Weaver Cunningham Link Oberweis Mr. President Delgado Luechtefeld Radogno

The motion prevailed. Whereupon the President of the Senate announced confirmation of the foregoing appointment.

Senator Muñoz, Chairperson of the Committee on Executive Appointments, to which was referred Appointment Message 990155, reported the same back with the recommendation that the Senate advise and consent to the following appointment:

Appointment Message No. 990155

Title of Office: Member

Agency or Other Body: Illinois Gaming Board

Start Date: March 30, 2015

End Date: July 1, 2017

Name: Hector Alejandre

Residence: 3415 N. Oconto Ave., Chicago, IL 60634

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator John G. Mulroe

Most Recent Holder of Office: Michael Latz

Superseded Appointment Message: Not Applicable

Senator Muñoz moved that the Senate advise and consent to the foregoing appointment. And on that motion, a call of the roll was had resulting as follows:

YEAS 56; NAYS None.

The following voted in the affirmative:

[April 13, 2016] 78

Althoff Haine McCann Righter Anderson Harmon McCarter Rose Barickman Harris McConnaughay Silverstein Bennett Hastings McGuire Stadelman Bertino-Tarrant Holmes Morrison Steans Biss Hunter Mulroe Sullivan Brady Hutchinson Muñoz Syverson Bush Jones, E. Murphy, L. Trotter Clayborne Koehler Murphy, M. Van Pelt Collins Landek Noland Weaver Connelly Lightford Nybo Mr. President Cullerton, T. Link Oberweis Cunningham Luechtefeld Radogno Delgado Manar Raoul Forby Martinez Rezin

The motion prevailed. Whereupon the President of the Senate announced confirmation of the foregoing appointment.

Senator Muñoz, Chairperson of the Committee on Executive Appointments, to which was referred Appointment Message 990170, reported the same back with the recommendation that the Senate advise and consent to the following appointment:

Appointment Message No. 990170

Title of Office: Member (Employee)

Agency or Other Body: State Mining Board

Start Date: April 6, 2015

End Date: January 16, 2017

Name: Larry Jones

Residence: 1264 Beech Rd., DuQuoin IL 62832

Annual Compensation: $15,651

Per diem: Not Applicable

Nominee's Senator: Senator David S. Luechtefeld

Most Recent Holder of Office: Jerry Cross

Superseded Appointment Message: Not Applicable

Senator Muñoz moved that the Senate advise and consent to the foregoing appointment. And on that motion, a call of the roll was had resulting as follows:

YEAS 56; NAYS None.

The following voted in the affirmative:

Althoff Haine McCann Righter Anderson Harmon McCarter Rose Barickman Harris McConnaughay Silverstein [April 13, 2016] 79

Bennett Hastings McGuire Stadelman Bertino-Tarrant Holmes Morrison Steans Biss Hunter Mulroe Sullivan Brady Hutchinson Muñoz Syverson Bush Jones, E. Murphy, L. Trotter Clayborne Koehler Murphy, M. Van Pelt Collins Landek Noland Weaver Connelly Lightford Nybo Mr. President Cullerton, T. Link Oberweis Cunningham Luechtefeld Radogno Delgado Manar Raoul Forby Martinez Rezin

The motion prevailed. Whereupon the President of the Senate announced confirmation of the foregoing appointment.

Senator Muñoz, Chairperson of the Committee on Executive Appointments, to which was referred Appointment Message 990172, reported the same back with the recommendation that the Senate advise and consent to the following appointment:

Appointment Message No. 990172

Title of Office: Member (Employee)

Agency or Other Body: State Mining Board

Start Date: April 6, 2015

End Date: January 16, 2017

Name: Randy Lewis

Residence: 214 S. Onstott St., DuQuoin, IL 62832

Annual Compensation: $15,651

Per diem: Not Applicable

Nominee's Senator: Senator David S. Luechtefeld

Most Recent Holder of Office: Don Stewart

Superseded Appointment Message: Not Applicable

Senator Muñoz moved that the Senate advise and consent to the foregoing appointment. And on that motion, a call of the roll was had resulting as follows:

YEAS 56; NAYS None.

The following voted in the affirmative:

Althoff Haine McCann Righter Anderson Harmon McCarter Rose Barickman Harris McConnaughay Silverstein Bennett Hastings McGuire Stadelman Bertino-Tarrant Holmes Morrison Steans Biss Hunter Mulroe Sullivan [April 13, 2016] 80

Brady Hutchinson Muñoz Syverson Bush Jones, E. Murphy, L. Trotter Clayborne Koehler Murphy, M. Van Pelt Collins Landek Noland Weaver Connelly Lightford Nybo Mr. President Cullerton, T. Link Oberweis Cunningham Luechtefeld Radogno Delgado Manar Raoul Forby Martinez Rezin

The motion prevailed. Whereupon the President of the Senate announced confirmation of the foregoing appointment.

Senator Muñoz, Chairperson of the Committee on Executive Appointments, to which was referred Appointment Message 990173, reported the same back with the recommendation that the Senate advise and consent to the following appointment:

Appointment Message No. 990173

Title of Office: Member (Employer)

Agency or Other Body: State Mining Board

Start Date: April 6, 2015

End Date: January 16, 2017

Name: James Steiner

Residence: 12915 Lakeview Dr., Sparta, IL 62286

Annual Compensation: $15,651

Per diem: Not Applicable

Nominee's Senator: Senator David S. Luechtefeld

Most Recent Holder of Office: David Webb

Superseded Appointment Message: Not Applicable

Senator Muñoz moved that the Senate advise and consent to the foregoing appointment. And on that motion, a call of the roll was had resulting as follows:

YEAS 56; NAYS None.

The following voted in the affirmative:

Althoff Haine McCann Righter Anderson Harmon McCarter Rose Barickman Harris McConnaughay Silverstein Bennett Hastings McGuire Stadelman Bertino-Tarrant Holmes Morrison Steans Biss Hunter Mulroe Sullivan Brady Hutchinson Muñoz Syverson Bush Jones, E. Murphy, L. Trotter Clayborne Koehler Murphy, M. Van Pelt [April 13, 2016] 81

Collins Landek Noland Weaver Connelly Lightford Nybo Mr. President Cullerton, T. Link Oberweis Cunningham Luechtefeld Radogno Delgado Manar Raoul Forby Martinez Rezin

The motion prevailed. Whereupon the President of the Senate announced confirmation of the foregoing appointment.

Senator Muñoz, Chairperson of the Committee on Executive Appointments, to which was referred Appointment Message 990175, reported the same back with the recommendation that the Senate advise and consent to the following appointment:

Appointment Message No. 990175

Title of Office: Member

Agency or Other Body: Miners' Examining Board

Start Date: April 6, 2015

End Date: January 16, 2017

Name: Robert Cross

Residence: 6835 Andy's Road, Mulkeytown, IL 62865

Annual Compensation: $12,906

Per diem: Not Applicable

Nominee's Senator: Senator Gary Forby

Most Recent Holder of Office: Gary Black

Superseded Appointment Message: Not Applicable

Senator Muñoz moved that the Senate advise and consent to the foregoing appointment. And on that motion, a call of the roll was had resulting as follows:

YEAS 55; NAYS None.

The following voted in the affirmative:

Althoff Forby Manar Radogno Anderson Haine Martinez Raoul Barickman Harmon McCann Rezin Bennett Harris McCarter Righter Bertino-Tarrant Hastings McConnaughay Rose Biss Holmes McGuire Silverstein Brady Hunter Morrison Stadelman Bush Hutchinson Mulroe Steans Clayborne Jones, E. Muñoz Sullivan Collins Koehler Murphy, L. Syverson Connelly Landek Murphy, M. Trotter Cullerton, T. Lightford Noland Weaver [April 13, 2016] 82

Cunningham Link Nybo Mr. President Delgado Luechtefeld Oberweis

The motion prevailed. Whereupon the President of the Senate announced confirmation of the foregoing appointment.

Senator Muñoz, Chairperson of the Committee on Executive Appointments, to which was referred Appointment Message 990183, reported the same back with the recommendation that the Senate advise and consent to the following appointment:

Appointment Message No. 990183

Title of Office: Member (Employee)

Agency or Other Body: State Mining Board

Start Date: April 13, 2015

End Date: January 16, 2017

Name: Thomas Smith

Residence: 17072 Washington St., Logan, IL 62856

Annual Compensation: $15,651

Per diem: Not Applicable

Nominee's Senator: Senator Gary Forby

Most Recent Holder of Office: Frederick Frederking

Superseded Appointment Message: Not Applicable

Senator Muñoz moved that the Senate advise and consent to the foregoing appointment. And on that motion, a call of the roll was had resulting as follows:

YEAS 56; NAYS None.

The following voted in the affirmative:

Althoff Haine McCann Righter Anderson Harmon McCarter Rose Barickman Harris McConnaughay Silverstein Bennett Hastings McGuire Stadelman Bertino-Tarrant Holmes Morrison Steans Biss Hunter Mulroe Sullivan Brady Hutchinson Muñoz Syverson Bush Jones, E. Murphy, L. Trotter Clayborne Koehler Murphy, M. Van Pelt Collins Landek Noland Weaver Connelly Lightford Nybo Mr. President Cullerton, T. Link Oberweis Cunningham Luechtefeld Radogno Delgado Manar Raoul Forby Martinez Rezin

[April 13, 2016] 83

The motion prevailed. Whereupon the President of the Senate announced confirmation of the foregoing appointment.

Senator Muñoz, Chairperson of the Committee on Executive Appointments, to which was referred Appointment Message 990184, reported the same back with the recommendation that the Senate advise and consent to the following appointment:

Appointment Message No. 990184

Title of Office: Member (Employer)

Agency or Other Body: State Mining Board

Start Date: April 13, 2015

End Date: January 16, 2017

Name: Steve Willis

Residence: 17818 Route 37, Johnston City, IL 62951

Annual Compensation: $15,651

Per diem: Not Applicable

Nominee's Senator: Senator Gary Forby

Most Recent Holder of Office: George Teegarden

Superseded Appointment Message: Not Applicable

Senator Muñoz moved that the Senate advise and consent to the foregoing appointment. And on that motion, a call of the roll was had resulting as follows:

YEAS 56; NAYS None.

The following voted in the affirmative:

Althoff Haine McCann Righter Anderson Harmon McCarter Rose Barickman Harris McConnaughay Silverstein Bennett Hastings McGuire Stadelman Bertino-Tarrant Holmes Morrison Steans Biss Hunter Mulroe Sullivan Brady Hutchinson Muñoz Syverson Bush Jones, E. Murphy, L. Trotter Clayborne Koehler Murphy, M. Van Pelt Collins Landek Noland Weaver Connelly Lightford Nybo Mr. President Cullerton, T. Link Oberweis Cunningham Luechtefeld Radogno Delgado Manar Raoul Forby Martinez Rezin

The motion prevailed. Whereupon the President of the Senate announced confirmation of the foregoing appointment.

[April 13, 2016] 84

Senator Muñoz, Chairperson of the Committee on Executive Appointments, to which was referred Appointment Message 990210, reported the same back with the recommendation that the Senate advise and consent to the following appointment:

Appointment Message No. 990210

Title of Office: Member

Agency or Other Body: Concealed Carry Licensing Review Board

Start Date: May 18, 2015

End Date: January 14, 2019

Name: Joseph Duffy

Residence: 400 East Randolph St., Unit 2901-03, Chicago, IL 60601

Annual Compensation: $37,571

Per diem: Not Applicable

Nominee's Senator: Senator Kwame Raoul

Most Recent Holder of Office: Virginia H. Wright

Superseded Appointment Message: Not Applicable

Senator Muñoz moved that the Senate advise and consent to the foregoing appointment. And on that motion, a call of the roll was had resulting as follows:

YEAS 56; NAYS None.

The following voted in the affirmative:

Althoff Haine McCann Righter Anderson Harmon McCarter Rose Barickman Harris McConnaughay Silverstein Bennett Hastings McGuire Stadelman Bertino-Tarrant Holmes Morrison Steans Biss Hunter Mulroe Sullivan Brady Hutchinson Muñoz Syverson Bush Jones, E. Murphy, L. Trotter Clayborne Koehler Murphy, M. Van Pelt Collins Landek Noland Weaver Connelly Lightford Nybo Mr. President Cullerton, T. Link Oberweis Cunningham Luechtefeld Radogno Delgado Manar Raoul Forby Martinez Rezin

The motion prevailed. Whereupon the President of the Senate announced confirmation of the foregoing appointment.

[April 13, 2016] 85

Senator Muñoz, Chairperson of the Committee on Executive Appointments, to which was referred Appointment Message 990232, reported the same back with the recommendation that the Senate advise and consent to the following appointment:

Appointment Message No. 990232

Title of Office: Member

Agency or Other Body: Human Rights Commission

Start Date: June 5, 2015

End Date: January 16, 2017

Name: Steve Kim

Residence: 3351 Old Mill Rd., Northbrook, IL 60062

Annual Compensation: $46,960

Per diem: Not Applicable

Nominee's Senator: Senator Julie A. Morrison

Most Recent Holder of Office: Brad Cole

Superseded Appointment Message: Not Applicable

Senator Muñoz moved that the Senate advise and consent to the foregoing appointment. And on that motion, a call of the roll was had resulting as follows:

YEAS 54; NAYS None.

The following voted in the affirmative:

Althoff Forby Manar Rezin Anderson Haine Martinez Righter Barickman Harmon McCann Rose Bennett Harris McConnaughay Silverstein Bertino-Tarrant Hastings McGuire Stadelman Biss Holmes Morrison Steans Brady Hunter Mulroe Sullivan Bush Hutchinson Muñoz Syverson Clayborne Jones, E. Murphy, L. Trotter Collins Koehler Murphy, M. Van Pelt Connelly Landek Noland Weaver Cullerton, T. Lightford Nybo Mr. President Cunningham Link Oberweis Delgado Luechtefeld Radogno

The motion prevailed. Whereupon the President of the Senate announced confirmation of the foregoing appointment.

Senator Muñoz, Chairperson of the Committee on Executive Appointments, to which was referred Appointment Message 990233, reported the same back with the recommendation that the Senate advise and consent to the following appointment:

[April 13, 2016] 86

Appointment Message No. 990233

Title of Office: Member

Agency or Other Body: Property Tax Appeal Board

Start Date: June 5, 2015

End Date: January 18, 2021

Name: Jerry White

Residence: 6279 Wind Hill Dr., Springfield, IL 62711

Annual Compensation: $52,179

Per diem: Not Applicable

Nominee's Senator: Senator Wm. Sam McCann

Most Recent Holder of Office: Michael Goral

Superseded Appointment Message: Not Applicable

Senator Muñoz moved that the Senate advise and consent to the foregoing appointment. And on that motion, a call of the roll was had resulting as follows:

YEAS 18; NAYS 10; Present 18.

The following voted in the affirmative:

Althoff Luechtefeld Nybo Rose Anderson McCann Oberweis Syverson Barickman McCarter Radogno Weaver Brady McConnaughay Rezin Connelly Murphy, M. Righter

The following voted in the negative:

Biss Harmon Morrison Mr. President Forby Manar Muñoz Haine McGuire Silverstein

The following voted present:

Bennett Delgado Hutchinson Raoul Bertino-Tarrant Harris Landek Stadelman Collins Hastings Lightford Steans Cullerton, T. Holmes Martinez Cunningham Hunter Noland

The motion lost.

Senator Muñoz, Chairperson of the Committee on Executive Appointments, to which was referred Appointment Message 990244, reported the same back with the recommendation that the Senate advise and consent to the following appointment:

[April 13, 2016] 87

Appointment Message No. 990244

Title of Office: Judge

Agency or Other Body: Illinois Court of Claims

Start Date: June 12, 2015

End Date: January 18, 2021

Name: Michael McGlynn

Residence: 412 Rosewood Court, Belleville, IL 62223

Annual Compensation: $59,918

Per diem: Not Applicable

Nominee's Senator: Senator James F. Clayborne, Jr.

Most Recent Holder of Office: Robert Sprague

Superseded Appointment Message: Not Applicable

Senator Muñoz moved that the Senate advise and consent to the foregoing appointment. And on that motion, a call of the roll was had resulting as follows:

YEAS 56; NAYS None.

The following voted in the affirmative:

Althoff Haine McCann Righter Anderson Harmon McCarter Rose Barickman Harris McConnaughay Silverstein Bennett Hastings McGuire Stadelman Bertino-Tarrant Holmes Morrison Steans Biss Hunter Mulroe Sullivan Brady Hutchinson Muñoz Syverson Bush Jones, E. Murphy, L. Trotter Clayborne Koehler Murphy, M. Van Pelt Collins Landek Noland Weaver Connelly Lightford Nybo Mr. President Cullerton, T. Link Oberweis Cunningham Luechtefeld Radogno Delgado Manar Raoul Forby Martinez Rezin

The motion prevailed. Whereupon the President of the Senate announced confirmation of the foregoing appointment.

Senator Muñoz, Chairperson of the Committee on Executive Appointments, to which was referred Appointment Message 990245, reported the same back with the recommendation that the Senate advise and consent to the following appointment:

Appointment Message No. 990245

Title of Office: Member [April 13, 2016] 88

Agency or Other Body: Miners' Examining Board

Start Date: June 12, 2015

End Date: January 16, 2017

Name: Michael Martin

Residence: 114 Stieren St., Farmersville, IL 62533

Annual Compensation: $12,906

Per diem: Not Applicable

Nominee's Senator: Senator Andy Manar

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Not Applicable

Senator Muñoz moved that the Senate advise and consent to the foregoing appointment. And on that motion, a call of the roll was had resulting as follows:

YEAS 55; NAYS None.

The following voted in the affirmative:

Althoff Haine Martinez Raoul Anderson Harmon McCann Rezin Barickman Harris McCarter Righter Bennett Hastings McConnaughay Rose Bertino-Tarrant Holmes McGuire Silverstein Biss Hunter Morrison Stadelman Brady Hutchinson Mulroe Steans Clayborne Jones, E. Muñoz Sullivan Collins Koehler Murphy, L. Syverson Connelly Landek Murphy, M. Trotter Cullerton, T. Lightford Noland Van Pelt Cunningham Link Nybo Weaver Delgado Luechtefeld Oberweis Mr. President Forby Manar Radogno

The motion prevailed. Whereupon the President of the Senate announced confirmation of the foregoing appointment.

Senator Muñoz, Chairperson of the Committee on Executive Appointments, to which was referred Appointment Message 990364, reported the same back with the recommendation that the Senate advise and consent to the following appointment:

Appointment Message No. 990364

Title of Office: Judge

Agency or Other Body: Illinois Court of Claims

Start Date: November 9, 2015 [April 13, 2016] 89

End Date: January 15, 2018

Name: Peter Karahalios

Residence: 23 Polo Dr., South Barrington, IL 60010

Annual Compensation: $59,918

Per diem: Not Applicable

Nominee's Senator: Senator Dan Duffy

Most Recent Holder of Office: Robert Steffen

Superseded Appointment Message: Not Applicable

Senator Muñoz moved that the Senate advise and consent to the foregoing appointment. And on that motion, a call of the roll was had resulting as follows:

YEAS 56; NAYS None.

The following voted in the affirmative:

Althoff Haine McCann Righter Anderson Harmon McCarter Rose Barickman Harris McConnaughay Silverstein Bennett Hastings McGuire Stadelman Bertino-Tarrant Holmes Morrison Steans Biss Hunter Mulroe Sullivan Brady Hutchinson Muñoz Syverson Bush Jones, E. Murphy, L. Trotter Clayborne Koehler Murphy, M. Van Pelt Collins Landek Noland Weaver Connelly Lightford Nybo Mr. President Cullerton, T. Link Oberweis Cunningham Luechtefeld Radogno Delgado Manar Raoul Forby Martinez Rezin

The motion prevailed. Whereupon the President of the Senate announced confirmation of the foregoing appointment.

Senator Muñoz, Chairperson of the Committee on Executive Appointments, to which was referred Appointment Message 990367, reported the same back with the recommendation that the Senate advise and consent to the following appointment:

Appointment Message No. 990367

Title of Office: Director

Agency or Other Body: Illinois Department of Agriculture

Start Date: November 16, 2015

End Date: January 16, 2017

[April 13, 2016] 90

Name: Raymond Poe

Residence: 287 E. Andrew Rd., Springfield, IL 62707

Annual Compensation: $133,273

Per diem: Not Applicable

Nominee's Senator: Senator Wm. Sam McCann

Most Recent Holder of Office: Warren Goetsch

Superseded Appointment Message: Not Applicable

Senator Muñoz moved that the Senate advise and consent to the foregoing appointment. And on that motion, a call of the roll was had resulting as follows:

YEAS 56; NAYS None.

The following voted in the affirmative:

Althoff Haine McCann Righter Anderson Harmon McCarter Rose Barickman Harris McConnaughay Silverstein Bennett Hastings McGuire Stadelman Bertino-Tarrant Holmes Morrison Steans Biss Hunter Mulroe Sullivan Brady Hutchinson Muñoz Syverson Bush Jones, E. Murphy, L. Trotter Clayborne Koehler Murphy, M. Van Pelt Collins Landek Noland Weaver Connelly Lightford Nybo Mr. President Cullerton, T. Link Oberweis Cunningham Luechtefeld Radogno Delgado Manar Raoul Forby Martinez Rezin

The motion prevailed. Whereupon the President of the Senate announced confirmation of the foregoing appointment.

Senator Muñoz, Chairperson of the Committee on Executive Appointments, to which was referred Appointment Message 990402, reported the same back with the recommendation that the Senate advise and consent to the following appointment:

Appointment Message No. 990402

Title of Office: Executive Inspector General

Agency or Other Body: Office of the Executive Inspector General for the Treasurer

Start Date: January 19, 2016

End Date: June 30, 2018

Name: Raymond J. Watson, Jr.

Residence: 51 Fairview Lane, Springfield, IL 62711 [April 13, 2016] 91

Annual Compensation: $105,996

Per diem: Not Applicable

Nominee's Senator: Senator Wm. Sam McCann

Most Recent Holder of Office: David Wells

Superseded Appointment Message: Not Applicable

Senator Muñoz moved that the Senate advise and consent to the foregoing appointment. And on that motion, a call of the roll was had resulting as follows:

YEAS 56; NAYS None.

The following voted in the affirmative:

Althoff Haine McCann Righter Anderson Harmon McCarter Rose Barickman Harris McConnaughay Silverstein Bennett Hastings McGuire Stadelman Bertino-Tarrant Holmes Morrison Steans Biss Hunter Mulroe Sullivan Brady Hutchinson Muñoz Syverson Bush Jones, E. Murphy, L. Trotter Clayborne Koehler Murphy, M. Van Pelt Collins Landek Noland Weaver Connelly Lightford Nybo Mr. President Cullerton, T. Link Oberweis Cunningham Luechtefeld Radogno Delgado Manar Raoul Forby Martinez Rezin

The motion prevailed. Whereupon the President of the Senate announced confirmation of the foregoing appointment.

Senator Muñoz, Chairperson of the Committee on Executive Appointments, to which was referred Appointment Message 990446, reported the same back with the recommendation that the Senate advise and consent to the following appointment:

Appointment Message No. 990446

Title of Office: Member (Employer)

Agency or Other Body: State Mining Board

Start Date: March 21, 2016

End Date: January 16, 2017

Name: John Duty

Residence: 15251 Corinth Rd., Marion, IL 62959

Annual Compensation: $15,651

[April 13, 2016] 92

Per diem: Not Applicable

Nominee's Senator: Senator Gary Forby

Most Recent Holder of Office: Timothy Kirkpatrick

Superseded Appointment Message: Not Applicable

Senator Muñoz moved that the Senate advise and consent to the foregoing appointment. And on that motion, a call of the roll was had resulting as follows:

YEAS 56; NAYS None.

The following voted in the affirmative:

Althoff Haine McCann Righter Anderson Harmon McCarter Rose Barickman Harris McConnaughay Silverstein Bennett Hastings McGuire Stadelman Bertino-Tarrant Holmes Morrison Steans Biss Hunter Mulroe Sullivan Brady Hutchinson Muñoz Syverson Bush Jones, E. Murphy, L. Trotter Clayborne Koehler Murphy, M. Van Pelt Collins Landek Noland Weaver Connelly Lightford Nybo Mr. President Cullerton, T. Link Oberweis Cunningham Luechtefeld Radogno Delgado Manar Raoul Forby Martinez Rezin

The motion prevailed. Whereupon the President of the Senate announced confirmation of the foregoing appointment.

Senator Muñoz, Chairperson of the Committee on Executive Appointments, to which was referred Appointment Message 990454, reported the same back with the recommendation that the Senate advise and consent to the following appointment:

Appointment Message No. 990454

Title of Office: Secretary

Agency or Other Body: Illinois Department of Human Services

Start Date: May 18, 2015

End Date: January 16, 2017

Name: James Dimas

Residence: 107 W. Indiana St., Wheaton, IL 60187

Annual Compensation: $150,228

Per diem: Not Applicable

Nominee's Senator: Senator Michael Connelly [April 13, 2016] 93

Most Recent Holder of Office: Gregory Bassi

Superseded Appointment Message: Appointment Message 209 of the 99th General Assembly

Senator Muñoz moved that the Senate advise and consent to the foregoing appointment. And on that motion, a call of the roll was had resulting as follows:

YEAS 56; NAYS None.

The following voted in the affirmative:

Althoff Haine McCann Righter Anderson Harmon McCarter Rose Barickman Harris McConnaughay Silverstein Bennett Hastings McGuire Stadelman Bertino-Tarrant Holmes Morrison Steans Biss Hunter Mulroe Sullivan Brady Hutchinson Muñoz Syverson Bush Jones, E. Murphy, L. Trotter Clayborne Koehler Murphy, M. Van Pelt Collins Landek Noland Weaver Connelly Lightford Nybo Mr. President Cullerton, T. Link Oberweis Cunningham Luechtefeld Radogno Delgado Manar Raoul Forby Martinez Rezin

The motion prevailed. Whereupon the President of the Senate announced confirmation of the foregoing appointment.

CONSIDERATION OF MOTION IN WRITING

Pursuant to Motion in Writing filed earlier today, Senator Muñoz moved to compile the following Appointment Messages to be acted on together by a single vote of the Senate:

AMs 990156, 990157,990158, 990159, 990160, 990161, 990457, 990458, 990459, 990460, 990461, 990462 (Workers' Compensation Advisory Board)

AMs 990162, 990163, 990164 (Enterprise Zone Board)

AM 990176 (Illinois Medical Licensing Board)

AM 990185 (Illinois Finance Authority)

AMs 990195, 990278, 990284 (Illinois Community College Board)

AM 990196 (Health Facilities and Services Review Board)

AMs 990198, 990273, 990274, 990275, 990276, 990296, 990329, 990339, 990355 (Workforce Investment Board)

AMs 990206, 990256 (Illinois Torture Inquiry & Relief Commission)

AMs 990212, 990345 (Illinois Housing Development Authority)

AM 990214 (Illinois Student Assistance Commission) [April 13, 2016] 94

AM 990242 (Public Administrator & Public Guardian for Cumberland County)

AM 990243 (Public Administrator & Public Guardian for Shelby County)

AMs 990304, 990305, 990306, and 990326 (State Board of Health)

AM 990342 (Trustee of the Board of Trustees of Northern Illinois University)

AM 990343 (Public Administrator & Public Guardian for Clinton County)

AM 990344 (Public Administrator & Public Guardian for Marion County)

AM 990358 (Joliet Regional Port District Board))

The motion prevailed.

Senator Muñoz, Chairperson of the Committee on Executive Appointments, to which was referred Appointment Message 990156, 990157, 990158, 990159, 990160, 990161, 990162, 990163, 990164, 990176, 990185, 990195, 990196, 990198, 990206, 990212, 990214, 990242, 990243, 990256, 990273, 990274, 990275, 990276, 990278, 990284, 990296, 990304, 990305,0990306,0990326, 990329, 990339, 990342, 990343, 990344, 990345, 990355, 990358, 990457, 990458, 990459, 990460, 990461 and 990462, reported the same back with the recommendation that the Senate advise and consent to the following appointments:

Appointment Message No. 990156

Title of Office: Member (Employers)

Agency or Other Body: Workers' Compensation Advisory Board

Start Date: March 30, 2015

End Date: January 21, 2019

Name: Kim Clarke Maisch

Residence: 43 Illmo Dr., Springfield, IL 62711

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Wm. Sam McCann

Most Recent Holder of Office: Mitch Abbett

Superseded Appointment Message: Not Applicable

Appointment Message No. 990157

Title of Office: Member (Employers)

Agency or Other Body: Workers' Compensation Advisory Board

Start Date: March 30, 2015

[April 13, 2016] 95

End Date: January 21, 2019

Name: Mark Denzler

Residence: 2224 Renwick Dr., Springfield, IL 62704

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Wm. Sam McCann

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Not Applicable

Appointment Message No. 990158

Title of Office: Member (Employers)

Agency or Other Body: Workers' Compensation Advisory Board

Start Date: March 30, 2015

End Date: January 21, 2019

Name: Mark Flannery

Residence: 2606 W. Belle Vista Ct., West Peoria, IL 61604

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator David Koehler

Most Recent Holder of Office: John Carpenter

Superseded Appointment Message: Not Applicable

Appointment Message No. 990159

Title of Office: Member (Employers)

Agency or Other Body: Workers' Compensation Advisory Board

Start Date: March 30, 2015

End Date: January 21, 2019

Name: Robert Karr

Residence: 2 Belaire Court, Jacksonville, IL 62650

Annual Compensation: Expenses

Per diem: Not Applicable [April 13, 2016] 96

Nominee's Senator: Senator Wm. Sam McCann

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Not Applicable

Appointment Message No. 990160

Title of Office: Member (Employers)

Agency or Other Body: Workers' Compensation Advisory Board

Start Date: March 30, 2015

End Date: January 21, 2019

Name: Todd Maisch

Residence: 43 Illmo Dr., Springfield, IL 62711

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Wm. Sam McCann

Most Recent Holder of Office: William Lowry

Superseded Appointment Message: Not Applicable

Appointment Message No. 990161

Title of Office: Member (Employers)

Agency or Other Body: Workers' Compensation Advisory Board

Start Date: March 30, 2015

End Date: January 21, 2019

Name: Jay Dee Shattuck

Residence: 10 Country Lake Rd., Springfield IL 62711

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Wm. Sam McCann

Most Recent Holder of Office: David Halffield

Superseded Appointment Message: Not Applicable

Appointment Message No. 990162 [April 13, 2016] 97

Title of Office: Member

Agency or Other Body: Enterprise Zone Board

Start Date: March 31, 2015

End Date: March 31, 2018

Name: Jovita Carranza

Residence: 9715 Woods Dr., Unit 2002, Skokie, IL 60077

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Daniel Biss

Most Recent Holder of Office: Original Appointment

Superseded Appointment Message: Not Applicable

Appointment Message No. 990163

Title of Office: Member

Agency or Other Body: Enterprise Zone Board

Start Date: March 31, 2015

End Date: March 31, 2019

Name: Lawrence Falbe

Residence: 13948 W. Trail Dr., Mettawa, IL 60045

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Terry Link

Most Recent Holder of Office: Original Appointment

Superseded Appointment Message: Not Applicable

Appointment Message No. 990164

Title of Office: Member

Agency or Other Body: Enterprise Zone Board

Start Date: March 31, 2015

End Date: March 31, 2017

[April 13, 2016] 98

Name: Larry Ivory

Residence: 2200 N. Ellis St., Peoria, IL 61604

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator David Koehler

Most Recent Holder of Office: Original Appointment

Superseded Appointment Message: Not Applicable

Appointment Message No. 990176

Title of Office: Member

Agency or Other Body: Illinois Medical Licensing Board

Start Date: April 6, 2015

End Date: January 1, 2018

Name: Douglas Matzner

Residence: 4508 Copper Ridge Rd., Champaign, IL 61822

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Chapin Rose

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Not Applicable

Appointment Message No. 990185

Title of Office: Member

Agency or Other Body: Illinois Finance Authority

Start Date: April 13, 2015

End Date: July 18, 2016

Name: Robert Funderburg

Residence: 10905 Olson Rd., Belvidere, IL 61008

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Dave Syverson [April 13, 2016] 99

Most Recent Holder of Office: William A. Brandt, Jr.

Superseded Appointment Message: Not Applicable

Appointment Message No. 990195

Title of Office: Member

Agency or Other Body: Illinois Community College Board

Start Date: April 27, 2015

End Date: July 30, 2019

Name: Cheryl Hyman

Residence: 2323 S. Wabash Ave., Chicago, IL 60616

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Mattie Hunter

Most Recent Holder of Office: Jonathan Jackson

Superseded Appointment Message: Not Applicable

Appointment Message No. 990196

Title of Office: Member

Agency or Other Body: Health Facilities and Services Review Board

Start Date: April 27, 2015

End Date: July 1, 2017

Name: Joel Johnson

Residence: 1432 E. 71st Place, Chicago, IL 60619

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Kwame Raoul

Most Recent Holder of Office: James Burden

Superseded Appointment Message: Not Applicable

Appointment Message No. 990198

Title of Office: Member [April 13, 2016] 100

Agency or Other Body: Workforce Investment Board

Start Date: April 27, 2015

End Date: July 1, 2016

Name: Marlon McClinton

Residence: 7217 S. Crandon Ave., Chicago, IL 60649

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Kwame Raoul

Most Recent Holder of Office: Doug Parsons

Superseded Appointment Message: Not Applicable

Appointment Message No. 990206

Title of Office: Member (Law School Professor)

Agency or Other Body: Illinois Torture Inquiry and Relief Commission

Start Date: May 11, 2015

End Date: December 31, 2017

Name: Robert Loeb

Residence: 2314A Brown Avenue, Evanston, IL 60201

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Daniel Biss

Most Recent Holder of Office: Leonard Cavise

Superseded Appointment Message: Not Applicable

Appointment Message No. 990212

Title of Office: Member

Agency or Other Body: Illinois Housing Development Authority

Start Date: May 18, 2015

End Date: January 14, 2019

Name: Alyssa J. Rapp

[April 13, 2016] 101

Residence: 240 Locust Rd., Winnetka, IL 60093

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Daniel Biss

Most Recent Holder of Office: Deborah Telman

Superseded Appointment Message: Not Applicable

Appointment Message No. 990214

Title of Office: Member

Agency or Other Body: Illinois Student Assistance Commission

Start Date: May 18, 2015

End Date: June 30, 2017

Name: Selamawi Asgedom

Residence: 183 S. Grace Ave., Elmhurst, IL 60126

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Chris Nybo

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Appointment Message 211 of the 99th General Assembly

Appointment Message No. 990242

Title of Office: Public Administrator and Public Guardian

Agency or Other Body: Cumberland County

Start Date: June 5, 2015

End Date: December 3, 2018

Name: Roy Gibson

Residence: 499 County Road 1075N, Trilla, IL 62469

Annual Compensation: Not Applicable

Per diem: Not Applicable

Nominee's Senator: Senator Dale A. Righter

Most Recent Holder of Office: Reappointment [April 13, 2016] 102

Superseded Appointment Message: Not Applicable

Appointment Message No. 990243

Title of Office: Public Administrator and Public Guardian

Agency or Other Body: Shelby County

Start Date: June 5, 2015

End Date: December 4, 2017

Name: Elizabeth Nohren

Residence: 208 N. Broadway St., Shelbyville, IL 62565

Annual Compensation: Not Applicable

Per diem: Not Applicable

Nominee's Senator: Senator Chapin Rose

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Not Applicable

Appointment Message No. 990256

Title of Office: Member (Public)

Agency or Other Body: Illinois Torture Inquiry and Relief Commission

Start Date: June 29, 2015

End Date: December 31, 2017

Name: Marilyn Baldwin

Residence: 1624 W. Rascher Avenue, Chicago, IL 60640

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Heather A. Steans

Most Recent Holder of Office: Charles Dahm

Superseded Appointment Message: Not Applicable

Appointment Message No. 990273

Title of Office: Member

Agency or Other Body: Workforce Investment Board

[April 13, 2016] 103

Start Date: July 6, 2015

End Date: July 1, 2017

Name: Henry Beards

Residence: 1078 Elm Creek Dr., Elmhurst, IL 60126

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Chris Nybo

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Not Applicable

Appointment Message No. 990274

Title of Office: Member

Agency or Other Body: Workforce Investment Board

Start Date: July 6, 2015

End Date: July 1, 2017

Name: Elizabeth Dickson

Residence: 241 E. Burlington Street, Apt. C, Riverside, IL 60546

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Steven M. Landek

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Not Applicable

Appointment Message No. 990275

Title of Office: Member

Agency or Other Body: Workforce Investment Board

Start Date: July 6, 2015

End Date: July 1, 2017

Name: Sandeep Nain

Residence: 125 Ainslie Ct., Westmont, IL 60559

Annual Compensation: Expenses [April 13, 2016] 104

Per diem: Not Applicable

Nominee's Senator: Senator Chris Nybo

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Not Applicable

Appointment Message No. 990276

Title of Office: Member

Agency or Other Body: Workforce Investment Board

Start Date: July 6, 2015

End Date: July 1, 2016

Name: Terry Wilkerson

Residence: 23876 County Rd. 425 E, Dahlgren, IL 62828

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Gary Forby

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Not Applicable

Appointment Message No. 990278

Title of Office: Member

Agency or Other Body: Illinois Community College Board

Start Date: July 10, 2015

End Date: June 30, 2021

Name: Terry Bruce

Residence: 423 S. Elliott St., Olney, IL 60611

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Dale A. Righter

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Not Applicable

[April 13, 2016] 105

Appointment Message No. 990284

Title of Office: Member

Agency or Other Body: Illinois Community College Board

Start Date: July 20, 2015

End Date: June 30, 2021

Name: : Suzanne Morris

Residence: 2008 Carillon Dr., Grayslake, IL 60030

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Melinda Bush

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Not Applicable

Appointment Message No. 990296

Title of Office: Member

Agency or Other Body: Workforce Investment Board

Start Date: July 31, 2015

End Date: July 1, 2017

Name: Sylvia Wetzel

Residence: 38W165 Heatherfield Dr., Elgin, IL 60124

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Karen McConnaughay

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Not Applicable

Appointment Message No. 990304

Title of Office: Member

Agency or Other Body: State Board of Health

Start Date: August 10, 2015

[April 13, 2016] 106

End Date: November 1, 2017

Name: David Banaszynski

Residence: 11356 Central Park Blvd., Huntley, IL 60142

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Karen McConnaughay

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Not Applicable

Appointment Message No. 990305

Title of Office: Member

Agency or Other Body: State Board of Health

Start Date: August 10, 2015

End Date: November 1, 2017

Name: Beth Fiorini

Residence: 313 E. 4th Street, Rock Falls, IL 61071

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Neil Anderson

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Not Applicable

Appointment Message No. 990306

Title of Office: Member

Agency or Other Body: State Board of Health

Start Date: August 10, 2015

End Date: November 1, 2017

Name: Jose Sanchez

Residence: 1040 N. Lake Shore Dr., Apt. 11B, Chicago, IL 60611

Annual Compensation: Expenses

Per diem: Not Applicable [April 13, 2016] 107

Nominee's Senator: Senator Kwame Raoul

Most Recent Holder of Office: David McCurdy

Superseded Appointment Message: Not Applicable

Appointment Message No. 990326

Title of Office: Member

Agency or Other Body: State Board of Health

Start Date: August 31, 2015

End Date: November 1, 2017

Name: Julie Adkins

Residence: 208 Susann Drive, West Frankfort, IL 62896

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Gary Forby

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Not Applicable

Appointment Message No. 990329

Title of Office: Member

Agency or Other Body: Illinois Workforce Investment Board

Start Date: August 31, 2015

End Date: July 1, 2016

Name: Tom Ashby

Residence: 46 Blackberry Run, Apt. C, Centralia, IL 62801

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Kyle McCarter

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Not Applicable

Appointment Message No. 990339 [April 13, 2016] 108

Title of Office: Member

Agency or Other Body: Illinois Workforce Investment Board

Start Date: September 21, 2015

End Date: July 1, 2017

Name: Grover Webb

Residence: 55 Bull Pen Rd., Simpson, IL 62985

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Gary Forby

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Not Applicable

Appointment Message No. 990342

Title of Office: Trustee

Agency or Other Body: Board of Trustees of Northern Illinois University

Start Date: September 28, 2015

End Date: January 16, 2017

Name: Timothy Struthers

Residence: 645 Oakland Dr., DeKalb, IL 60115

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Dave Syverson

Most Recent Holder of Office: Anthony Iosco

Superseded Appointment Message: Not Applicable

Appointment Message No. 990343

Title of Office: Public Administrator and Public Guardian

Agency or Other Body: Clinton County

Start Date: September 28, 2015

End Date: December 4, 2017

[April 13, 2016] 109

Name: Ben Stratemeyer

Residence: 2 Magnolia Dr., Centralia, IL 62801

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Kyle McCarter

Most Recent Holder of Office: Charles Rakers

Superseded Appointment Message: Not Applicable

Appointment Message No. 990344

Title of Office: Public Administrator and Public Guardian

Agency or Other Body: Marion County

Start Date: September 28, 2015

End Date: December 4, 2017

Name: Ben Stratemeyer

Residence: 2 Magnolia Dr., Centralia, IL 62801

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Kyle McCarter

Most Recent Holder of Office: Earl White

Superseded Appointment Message: Not Applicable

Appointment Message No. 990345

Title of Office: Member

Agency or Other Body: Illinois Housing Development Authority

Start Date: October 5, 2015

End Date: January 14, 2019

Name: Salvatore Tornatore

Residence: 265 Mulford Lane, Roselle, IL 60172

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Laura M. Murphy [April 13, 2016] 110

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Not Applicable

Appointment Message No. 990355

Title of Office: Member

Agency or Other Body: Illinois Workforce Investment Board

Start Date: September 14, 2015

End Date: July 1, 2017

Name: Michael Massie

Residence: 162 Knollcrest Circle, Dahinda, IL 61428

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Chuck Weaver

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Not Applicable

Appointment Message No. 990358

Title of Office: Member

Agency or Other Body: Joliet Regional Port District Board

Start Date: October 26, 2015

End Date: June 1, 2017

Name: David Silverman

Residence: 26034 W. Aaron Court, Channahon, IL 60410

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Pat McGuire

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Not Applicable

Appointment Message No. 990457

Title of Office: Member (Employees)

[April 13, 2016] 111

Agency or Other Body: Workers' Compensation Advisory Board

Start Date: April 11, 2016

End Date: January 21, 2019

Name: Richard Aleksy

Residence: 164 Fairway Dr., La Grange, IL 60525

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Jacqueline Y. Collins

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Not Applicable

Appointment Message No. 990458

Title of Office: Member (Employees)

Agency or Other Body: Workers' Compensation Advisory Board

Start Date: April 11, 2016

End Date: January 21, 2019

Name: Aaron Anderson

Residence: 341 Western Dr., North Aurora, IL 60542

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Jim Oberweis

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Not Applicable

Appointment Message No. 990459

Title of Office: Member (Employees)

Agency or Other Body: Workers' Compensation Advisory Board

Start Date: April 11, 2016

End Date: January 21, 2019

Name: Michael Carrigan

Residence: 3915 E. Park Ln., Decatur, IL 62521 [April 13, 2016] 112

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Andy Manar

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Not Applicable

Appointment Message No. 990460

Title of Office: Member (Employees)

Agency or Other Body: Workers' Compensation Advisory Board

Start Date: April 11, 2016

End Date: January 21, 2019

Name: Joseph Coli

Residence: 2330 N. Wayne Ave., Unit 1, Chicago, IL 60614

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator John J. Cullerton

Most Recent Holder of Office: Mark Prince

Superseded Appointment Message: Not Applicable

Appointment Message No. 990461

Title of Office: Member (Employees)

Agency or Other Body: Workers' Compensation Advisory Board

Start Date: April 11, 2016

End Date: January 21, 2019

Name: Philip Gruber

Residence: 12922 Tipperary Ln., Plainfield, IL 60585

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Jennifer Bertino-Tarrant

Most Recent Holder of Office: Reappointment

[April 13, 2016] 113

Superseded Appointment Message: Not Applicable

Appointment Message No. 990462

Title of Office: Member (Employees)

Agency or Other Body: Workers' Compensation Advisory Board

Start Date: April 11, 2016

End Date: January 21, 2019

Name: Sean Stott

Residence: 1101 Williams Blvd., Springfield, IL 62704

Annual Compensation: Expenses

Per diem: Not Applicable

Nominee's Senator: Senator Wm. Sam McCann

Most Recent Holder of Office: Reappointment

Superseded Appointment Message: Not Applicable

Senator Muñoz moved that the Senate advise and consent to the foregoing appointments. And on that motion, a call of the roll was had resulting as follows:

YEAS 55; NAYS None.

The following voted in the affirmative:

Althoff Forby Martinez Raoul Anderson Haine McCann Rezin Barickman Harris McCarter Righter Bennett Hastings McConnaughay Rose Bertino-Tarrant Holmes McGuire Silverstein Biss Hunter Morrison Stadelman Brady Hutchinson Mulroe Steans Bush Jones, E. Muñoz Sullivan Clayborne Koehler Murphy, L. Syverson Collins Landek Murphy, M. Trotter Connelly Lightford Noland Van Pelt Cullerton, T. Link Nybo Weaver Cunningham Luechtefeld Oberweis Mr. President Delgado Manar Radogno

The motion prevailed. Whereupon the President of the Senate announced confirmation of the foregoing appointments. On motion of Senator Muñoz, the Executive Session arose and the Senate resumed consideration of business. Senator Harmon, presiding.

MESSAGE FROM THE PRESIDENT

[April 13, 2016] 114

OFFICE OF THE SENATE PRESIDENT STATE OF ILLINOIS

JOHN J. CULLERTON 327 STATE CAPITOL SENATE PRESIDENT SPRINGFIELD, IL 62706 217-782-2728

April 13, 2016

Mr. Tim Anderson Secretary of the Senate Room 401 State House Springfield, IL 62706

Dear Mr. Secretary:

Pursuant to Rule 3-2(c), I hereby appoint Senator Kimberly Lightford to temporarily replace Senator William Haine as a member of the Senate Criminal Law Committee. This appointment is effective immediately and will automatically expire upon adjournment of the Senate Criminal Law.

Sincerely, s/John J. Cullerton John J. Cullerton Senate President cc: Senate Minority Leader Christine Radogno

OFFICE OF THE SENATE PRESIDENT STATE OF ILLINOIS

JOHN J. CULLERTON 327 STATE CAPITOL SENATE PRESIDENT SPRINGFIELD, IL 62706 217-782-2728

April 13, 2016

Mr. Tim Anderson Secretary of the Senate Room 401 State House Springfield, IL 62706

Dear Mr. Secretary:

Pursuant to Rule 3-2(c), I hereby appoint Senator Melinda Bush to temporarily replace Senator David Koehler as a member of the Senate Local Government Committee. This appointment is effective immediately and will automatically expire upon adjournment of the Senate Local Government Committee.

Sincerely, s/John J. Cullerton John J. Cullerton Senate President cc: Senate Minority Leader Christine Radogno

OFFICE OF THE SENATE PRESIDENT STATE OF ILLINOIS

JOHN J. CULLERTON 327 STATE CAPITOL SENATE PRESIDENT SPRINGFIELD, IL 62706 [April 13, 2016] 115

217-782-2728

April 13, 2016

Mr. Tim Anderson Secretary of the Senate Room 401 State House Springfield, IL 62706

Dear Mr. Secretary:

Pursuant to Rule 3-2(c), I hereby appoint Senator Pat McGuire to temporarily replace Senator Martin Sandoval as a member of the Senate Local Government Committee. This appointment is effective immediately and will automatically expire upon adjournment of the Senate Local Government Committee.

Sincerely, s/John J. Cullerton John J. Cullerton Senate President cc: Senate Minority Leader Christine Radogno

OFFICE OF THE SENATE PRESIDENT STATE OF ILLINOIS

JOHN J. CULLERTON 327 STATE CAPITOL SENATE PRESIDENT SPRINGFIELD, IL 62706 217-782-2728

April 13, 2016

Mr. Tim Anderson Secretary of the Senate Room 401 State House Springfield, IL 62706

Dear Mr. Secretary:

Pursuant to Rule 3-2(c), I hereby appoint Senator Andy Manar to temporarily replace Senator Terry Link as a member of the Senate Executive Committee. This appointment is effective immediately and will automatically expire upon adjournment of the Senate Executive Committee.

Sincerely, s/John J. Cullerton John J. Cullerton Senate President cc: Senate Minority Leader Christine Radogno

OFFICE OF THE SENATE PRESIDENT STATE OF ILLINOIS

JOHN J. CULLERTON 327 STATE CAPITOL SENATE PRESIDENT SPRINGFIELD, IL 62706 217-782-2728

April 13, 2016

Mr. Tim Anderson [April 13, 2016] 116

Secretary of the Senate Room 401 State House Springfield, IL 62706

Dear Mr. Secretary:

Pursuant to Rule 3-2(c), I hereby appoint Senator John Mulroe to temporarily replace Senator William Haine as a member of the Senate Licensed Activities and Pensions Committee. This appointment is effective immediately and will automatically expire upon adjournment of the Senate Licensed Activities and Pensions Committee.

Sincerely, s/John J. Cullerton John J. Cullerton Senate President cc: Senate Minority Leader Christine Radogno

At the hour of 3:13 o'clock p.m., the Chair announced the Senate stand adjourned until Thursday, April 14, 2016, at 12:00 o'clock noon.

[April 13, 2016]