STATE OF ILLINOIS ONE HUNDREDTH GENERAL ASSEMBLY...

[May 3, 2017]

SENATE JOURNAL

STATE OF ILLINOIS

ONE HUNDREDTH GENERAL ASSEMBLY

38TH LEGISLATIVE DAY

WEDNESDAY, MAY 3, 2017

12:46 O'CLOCK P.M.

NO. 38

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SENATE

Daily Journal Index

38th Legislative Day

Action Page(s)

Legislative Measure(s) Filed ................................................................................ 4

Message from the President ................................................................... 81, 82, 83 Presentation of Senate Joint Resolution No. 37 .................................................... 6

Presentation of Senate Resolutions No’d. 480-481 .............................................. 4

Report from Assignments Committee .................................................................. 9 Report from Standing Committee(s) .................................................................... 7

Bill Number Legislative Action Page(s)

SB 0636 Third Reading ........................................................................................................... 78

SB 0695 Third Reading ........................................................................................................... 79

SB 0705 Third Reading ........................................................................................................... 11

SB 0730 Third Reading ........................................................................................................... 11

SB 0746 Third Reading ........................................................................................................... 12 SB 0747 Third Reading ........................................................................................................... 12

SB 0751 Third Reading ........................................................................................................... 13

SB 0757 Recalled - Amendment(s) ......................................................................................... 13 SB 0757 Third Reading ........................................................................................................... 15

SB 0771 Recalled - Amendment(s) ......................................................................................... 16


SB 0838 Third Reading ........................................................................................................... 79


SB 0851 Third Reading ........................................................................................................... 29





SB 0902 Third Reading ........................................................................................................... 72 SB 0928 Recalled - Amendment(s) ......................................................................................... 73

SB 0928 Third Reading ........................................................................................................... 74


SB 0941 Third Reading ........................................................................................................... 76

SB 0984 Recalled - Amendment(s) ......................................................................................... 76 SB 0984 Third Reading ........................................................................................................... 77



SB 1415 Second Reading ........................................................................................................ 81

SJR 0015 Adopted, as amended .................................................................................................. 81 SJR 0029 Posting Notice Waived ............................................................................................ 10

SJR 0037 Committee on Assignments ......................................................................................... 6

SR 0140 Adopted .................................................................................................................... 80 SR 0454 Adopted .................................................................................................................... 81

SR 0480 Committee on Assignments ........................................................................................ 4

HB 2360 Third Reading .......................................................................................................... 10

HB 2572 First Reading .............................................................................................................. 9

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HB 2829 First Reading .............................................................................................................. 9 HB 2831 First Reading .............................................................................................................. 9

HB 3188 First Reading .............................................................................................................. 9

HB 3631 First Reading .............................................................................................................. 9

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The Senate met pursuant to adjournment. Senator Kimberly A. Lightford, Maywood, Illinois, presiding.

Prayer by Dr. Driss El-Akrich, Islamic Society of Greater Springfield, Springfield, Illinois.

Senator Cunningham led the Senate in the Pledge of Allegiance.

Senator Hunter moved that reading and approval of the Journal of Tuesday, May 2, 2017, be

postponed, pending arrival of the printed Journal. The motion prevailed.

LEGISLATIVE MEASURES FILED

The following Committee amendments to the House Bills listed below have been filed with the

Secretary and referred to the Committee on Assignments:

Amendment No. 1 to House Bill 763



The following Committee amendment to the House Resolution listed below has been filed with the


Amendment No. 1 to House Joint Resolution 25

The following Committee amendment to the Senate Bill listed below has been filed with the


Amendment No. 1 to Senate Bill 1719

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

Amendment No. 1 to Senate Bill 100 Amendment No. 1 to Senate Bill 364


Amendment No. 3 to Senate Bill 942 Amendment No. 1 to Senate Bill 1039



PRESENTATION OF RESOLUTIONS

SENATE RESOLUTION NO. 481

Offered by Senator Haine and all Senators: Mourns the death of James “Jim” A. Sohn of Bethalto.

By unanimous consent, the foregoing resolution was referred to the Resolutions Consent Calendar.

Senator Sandoval offered the following Senate Resolution, which was referred to the Committee on Assignments:

SENATE RESOLUTION NO. 480

WHEREAS, Founded in 1995, the Family Health Network (FHN) is the only not-for-profit managed care organization in Illinois; FHN ensures quality healthcare for the underserved minority communities of

Cook County through a care network in coordination with FHN's five director hospitals; and

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WHEREAS, FHN is directed by five Illinois Disproportionate Share Safety Net Hospitals: Saint

Anthony's Hospital, the Norwegian American Hospital, St. Bernard Hospital, the Sinai Health System,

and Presence Saint Mary and Saint Elizabeth Hospital; and

WHEREAS, FHN's status as a not-for-profit affords it the ability to direct its profits to supplement the

operational budget of its five Hospital Directors instead of that money going into profits of private insurance companies such as other Illinois Medicaid HMOs; in some cases resulting in 10%-15% of the

operating budget for the five FHN supported Safety Net Hospitals; and

WHEREAS, FHN's revenue distribution accounts for 10% to 15% of the operating budget for these five

FHN supported Safety Net Hospitals; this revenue is critically needed to meet the financial obligations of the hospitals in meeting the healthcare needs of more than 250,000 poor Latino and African American

Illinois citizens; and

WHEREAS, Since Medicaid Managed Care replaced traditional fee-for-service for most of the Illinois

Medicaid population, these hospitals have seen a nearly 10% reduction in revenue for the same services

performed because of claim denials and added costs, both for the benefit of the for-profit insurance

companies instead of the poor people the program is designed to help; and

WHEREAS, On February 27, 2017, the Department of Health and Family Services (DHFS) released a Medicaid managed care RFP for a Purchase of Care Contract to arbitrarily narrow the number of managed

care organizations contracted in the State; the RFP for a Purchase of Care Contract was released without

input from healthcare providers, the General Assembly, or advocates for the underserved communities; and

WHEREAS, This RFP for a Purchase of Care Contract comes at a time of fiscal and regulatory uncertainty on healthcare and the Affordable Care Act in Washington as President Donald Trump calls to

radically overturn Medicaid, putting healthcare at risk for hundreds of thousands of Illinoisans, both

documented and undocumented children and adults; and

WHEREAS, The State currently owes FHN more than $260 million, severely stressing the financial

viability of FHN and the financial health of their safety net directors; and

WHEREAS, The RFP for a Purchase of Care Contract arbitrarily requires all non-exempted respondents

to provide statewide care network even though under its current contract with the State, FHN is only required to provide a Cook County network; FHN's current Cook County network provides care for more

than 250,000 Medicaid recipients; this radical and highly questionable new statewide requirement was put

forward with no explanation from DHFS; and

WHEREAS, If FHN is no longer contracted to provide care for the 250,000 Latino and African-

American Illinoisans, these communities will have severely reduced access to critical healthcare, forcing the closure of Illinois-only not-for-profit managed care organizations; the only benefactor of this change

will be the profit margin of the for-profit insurance companies bidding to replace FHN, displacing

thousands of minority and poor healthcare recipients; and

WHEREAS, Excluding FHN from the Medicaid program in Cook County will severely jeopardize the

five safety-net hospitals and the 4,000 employees who operate these essential community anchors; there failures would cause a dramatic negative economic and social impact on their southside and westside

communities; and

WHEREAS, The General Assembly has the duty to appropriate expenditures from public funds,

including the estimated $9 billion per year RFP for a Purchase of Care Contract resulting in $54 Billion in

expenditures over the six-year potential contract term; the General Assembly also has the duty to review actions that have the potential to cause negative impact on the lives of the residents of Illinois through

questionable executive branch decisions whether the questions arise from policy or ethical concerns;

therefore, be it

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RESOLVED, BY THE SENATE OF THE ONE HUNDREDTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we urge the Department of Health and Family Services to immediately

suspend the Medicaid managed care RFP for a Purchase of Care Contract for review by the General

Assembly to allow for transparency and assurance of non-discriminatory actions and fair competition for all sizes and business models of managed care organizations; and be it further

RESOLVED, That the General Assembly should convene the Special Committee on Oversight of Medicaid Managed Care to meet as soon as possible to review the RFP for a Purchase of Care Contract

and seek answers from the Director of Healthcare and Family Services, the Procurement Policy Board, the

Office of Inspector General, the Illinois Attorney General, and the individual in charge of the Medicaid managed care RFP for a Purchase of Care Contract; and be it further

RESOLVED, That we urge the DHFS to cooperate and participate in this review to avoid the appearance

of impropriety and unethical actions related to the RFP for a Purchase of Care Contract process as well as

to provide a positive outcome for the residents of Illinois; and be it further

RESOLVED, That suitable copies of this resolution be delivered to the Governor, the Director of

Healthcare and Family Services, and all members of the Illinois General Assembly.

Senator Manar offered the following Senate Joint Resolution, which was referred to the Committee on Assignments:

SENATE JOINT RESOLUTION NO. 37

WHEREAS, It is highly fitting that the Illinois General Assembly pays honor and respect to the truly great individuals who have served their communities; and

WHEREAS, Roger E. Walker Jr. was born on February 7, 1949; he attended Eisenhower High School and served in the United States Navy from 1967 to 1969; he graduated from Richland Community College;

and

WHEREAS, Roger Walker joined the Macon County Sheriff's Office in 1972; he climbed the ranks to

patrol sergeant, detective, and lieutenant; he loved children and would hand out licorice to children while

patrolling the Longview Housing Project; and

WHEREAS, Roger Walker was elected Macon County Sheriff in 1998, becoming the first African

American sheriff in the State of Illinois; he was re-elected in 2002; and

WHEREAS, Roger Walker was appointed Director of the Department of Corrections in 2003 and served

for six years; and

WHEREAS, Roger Walker was appointed to the Prisoner Review Board in 2009 and served until 2010;

and

WHEREAS, Roger Walker passed away on March 10, 2012; therefore, be it

RESOLVED, BY THE SENATE OF THE ONE HUNDREDTH GENERAL ASSEMBLY OF THE

STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES CONCURRING HEREIN, that we

designate Route 51 as it travels through Decatur from Ash Street to Elwin Road as the "Sheriff Roger E. Walker Jr. Memorial Road"; and be it further

RESOLVED, That the Illinois Department of Transportation is requested to erect at suitable locations, consistent with State and federal regulations, appropriate plaques or signs giving notice of the name

"Sheriff Roger E. Walker Jr. Memorial Road"; and be it further

RESOLVED, That suitable copies of this resolution be presented to the family of Roger Walker, the

Mayor of Decatur, and the Secretary of the Illinois Department of Transportation.

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REPORTS FROM STANDING COMMITTEES Senator T. Cullerton, Chairperson of the Committee on Veterans Affairs, to which was referred

House Bills Numbered 374, 2570, 2647, 2897, 2973 and 3017, reported the same back with the

recommendation that the bills do pass. Under the rules, the bills were ordered to a second reading.

Senator Van Pelt, Chairperson of the Committee on Public Health, to which was referred Senate

Resolution No. 454, reported the same back with the recommendation that the resolution be adopted. Under the rules, Senate Resolution No. 454 was placed on the Secretary’s Desk.

Senator Van Pelt, Chairperson of the Committee on Public Health, to which was referred House

Bills Numbered 679, 706, 2531 and 3002, reported the same back with the recommendation that the bills

do pass.

Under the rules, the bills were ordered to a second reading.

Senator Bertino-Tarrant, 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 Bill 1122 Senate Amendment No. 1 to Senate Bill 1692

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

Senator Bertino-Tarrant, Chairperson of the Committee on Education, to which was referred House

Bills Numbered 106, 213, 370, 425, 655, 760, 2426, 2442, 2470, 2618, 2663 and 3012, reported the same back with the recommendation that the bills do pass.


Senator McGuire, Chairperson of the Committee on Higher Education, to which was referred

House Bills Numbered 2550, 2976, 3091 and 3701, reported the same back with the recommendation that the bills do pass.


Senator Morrison, Chairperson of the Committee on Human Services, to which was referred Senate

Resolution No. 284, reported the same back with the recommendation that the resolution be adopted. Under the rules, Senate Resolution No. 284 was placed on the Secretary’s Desk.

Senator Morrison, Chairperson of the Committee on Human Services, to which was referred House

Bills Numbered 739, 1791, 2383, 2452, 2909, 2910, 3110, 3169, 3211, 3542 and 3899, reported the same

back with the recommendation that the bills do pass.


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

Senate Amendment No. 4 to Senate Bill 1502

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

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Senator Raoul, Chairperson of the Committee on Judiciary, to which was referred House Bills

Numbered 534, 2516, 3106, 3212 and 3359, reported the same back with the recommendation that the

bills do pass.


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



Senator Sandoval, Chairperson of the Committee on Transportation, to which was referred House

Bills Numbered 1784, 2437, 2485, 2543, 2595, 2611, 2643 and 2725, reported the same back with the recommendation that the bills do pass.


Senator Hastings, Chairperson of the Committee on Criminal Law, to which was referred Senate

Bill No. 2185, reported the same back with the recommendation that the bill do pass. Under the rules, the bill was ordered to a second reading.

Senator Hastings, Chairperson of the Committee on Criminal Law, to which was referred House

Bills Numbered 514, 528, 2641 and 3718, reported the same back with the recommendation that the bills

do pass.


Senator Hastings, Chairperson of the Committee on Criminal Law, to which was referred the

following Senate floor amendments, reported that the Committee recommends do adopt:


Senate Amendment No. 2 to Senate Bill 1843 Senate Amendment No. 3 to Senate Bill 1980

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

Senator E. Jones III, Chairperson of the Committee on Local Government, to which was referred Senate Bills Numbered 1415 and 2032, reported the same back with amendments having been adopted

thereto, with the recommendation that the bills, as amended, do pass.


Senator E. Jones III, Chairperson of the Committee on Local Government, to which was referred

the following Senate floor amendment, reported that the Committee recommends do adopt:



Senator E. Jones III, Chairperson of the Committee on Local Government, to which was referred House Bills Numbered 305, 373, 616, 776, 2382, 2423, 2427, 2585, 3150 and 3879, reported the same

back with the recommendation that the bills do pass.


Senator E. Jones III, Chairperson of the Committee on Local Government, to which was referred

House Bill No. 3536, reported the same back with amendments having been adopted thereto, with the recommendation that the bill, as amended, do pass.

Under the rules, the bill was ordered to a second reading.

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Senator Collins, Chairperson of the Committee on Financial Institutions, to which was referred the

following Senate floor amendment, reported that the Committee recommends do adopt:



Senator Biss, Chairperson of the Committee on Labor, to which was referred the following Senate

floor amendment, reported that the Committee recommends do adopt:



Senator Biss, Chairperson of the Committee on Labor, to which was referred House Bill No. 622,

reported the same back with the recommendation that the bill do pass.

Under the rules, the bill was ordered to a second reading.

Senator Bush, Chairperson of the Committee on Government Reform, to which was referred House

Bill No. 3521, reported the same back with the recommendation that the bill do pass. Under the rules, the bill was ordered to a second reading.

READING BILLS FROM THE HOUSE OF REPRESENTATIVES A FIRST TIME

House Bill No. 2572, sponsored by Senator Brady, was taken up, read by title a first time and referred to the Committee on Assignments.

House Bill No. 2829, sponsored by Senator McCarter, was taken up, read by title a first time and referred to the Committee on Assignments.

House Bill No. 2831, sponsored by Senator McConnaughay, was taken up, read by title a first time and referred to the Committee on Assignments.

House Bill No. 3188, sponsored by Senator Fowler, was taken up, read by title a first time and referred to the Committee on Assignments.

House Bill No. 3631, sponsored by Senator Clayborne, was taken up, read by title a first time and referred to the Committee on Assignments.

At the hour of 12:55 o'clock p.m., the Chair announced that the Senate stand at ease.

Senator Link, presiding.

AT EASE

At the hour of 1:06 o'clock p.m., the Senate resumed consideration of business. Senator Lightford, presiding.

REPORT FROM COMMITTEE ON ASSIGNMENTS

Senator Clayborne, Chairperson of the Committee on Assignments, during its May 3, 2017 meeting, reported the following Legislative Measures have been assigned to the indicated Standing Committees of

the Senate:

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Education: Floor Amendment No. 1 to Senate Bill 1125.

Executive: Floor Amendment No. 3 to Senate Bill 942; Floor Amendment No. 3 to Senate

Bill 1933.

Insurance: HOUSE BILL 311.

Revenue: Committee Amendment No. 5 to Senate Bill 1285; Committee Amendment No. 1

to Senate Bill 1719; Floor Amendment No. 2 to Senate Bill 1072.

POSTING NOTICE WAIVED

Senator Clayborne moved to waive the six-day posting requirement on Senate Joint Resolution

No. 29 so that the measure may be heard in the Committee on Special Committee on Oversight of Medicaid

Managed Care that is scheduled to meet this afternoon.

The motion prevailed.

At the hour of 1:11 o’clock p.m., Senator T. Cullerton presiding, for the purpose of an introduction.

At the hour of 1:13 o’clock p.m., Senator Lightford, presiding.

ANNOUNCEMENT

The Chair announced that the deadline for filing committee amendments to House bills is Friday,

May 5, 2017, at 4:00 o’clock p.m.

READING BILL FROM THE HOUSE OF REPRESENTATIVES A THIRD TIME

On motion of Senator Biss, House Bill No. 2360 having been printed as received from the House

of Representatives, together with all Senate Amendments adopted thereto, was taken up and read by title

a third time. And the question being, “Shall this bill pass?” it was decided in the affirmative by the following

vote:

YEAS 53; NAY 1.

The following voted in the affirmative:

Althoff Cunningham Martinez Rooney

Anderson Fowler McCann Rose Aquino Harmon McConchie Sandoval

Barickman Harris McConnaughay Schimpf

Bennett Hastings McGuire Silverstein Bertino-Tarrant Holmes Morrison Stadelman

Biss Hunter Mulroe Steans

Brady Hutchinson Muñoz Tracy Bush Jones, E. Nybo Trotter

Castro Koehler Oberweis Van Pelt

Clayborne Landek Radogno Weaver Collins Lightford Raoul

Connelly Link Rezin

Cullerton, T. Manar Righter

The following voted in the negative:

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Murphy

This bill, having received the vote of a constitutional majority of the members elected, was declared passed, and all amendments not adopted were tabled pursuant to Senate Rule No. 5-4(a).

Ordered that the Secretary inform the House of Representatives thereof.

Senator Murphy asked and obtained unanimous consent for the Journal to reflect her intention to have voted in the affirmative on House Bill No. 2360.

READING BILLS OF THE SENATE A THIRD TIME

On motion of Senator Manar, Senate Bill No. 705 having been transcribed and typed and all

amendments adopted thereto having been printed, was taken up and read by title a third time.

And the question being, “Shall this bill pass?” it was decided in the affirmative by the following vote:

YEAS 55; NAYS None.


Althoff Cullerton, T. Martinez Rezin

Anderson Cunningham McCann Righter

Aquino Fowler McCarter Rooney Barickman Harmon McConchie Rose

Bennett Harris McConnaughay Sandoval

Bertino-Tarrant Hastings McGuire Schimpf Biss Holmes Morrison Silverstein

Bivins Hunter Mulroe Stadelman

Brady Jones, E. Muñoz Steans Bush Koehler Murphy Tracy

Castro Landek Nybo Trotter

Clayborne Lightford Oberweis Van Pelt Collins Link Radogno Weaver

Connelly Manar Raoul

This bill, having received the vote of a constitutional majority of the members elected, was declared

passed, and all amendments not adopted were tabled pursuant to Senate Rule No. 5-4(a).

Ordered that the Secretary inform the House of Representatives thereof and ask their concurrence therein.

On motion of Senator Righter, Senate Bill No. 730 having been transcribed and typed and all



YEAS 54; NAYS None.


Althoff Cunningham McCann Righter

Anderson Fowler McCarter Rose

Aquino Harmon McConchie Sandoval Barickman Harris McConnaughay Schimpf

Bertino-Tarrant Hastings McGuire Silverstein

Biss Holmes Morrison Stadelman Bivins Hunter Mulroe Steans

Brady Hutchinson Muñoz Syverson

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Bush Jones, E. Murphy Tracy Castro Koehler Nybo Trotter

Clayborne Lightford Oberweis Van Pelt

Collins Link Radogno Weaver Connelly Manar Raoul

Cullerton, T. Martinez Rezin




On motion of Senator Barickman, Senate Bill No. 746 having been transcribed and typed and all

amendments adopted thereto having been printed, was taken up and read by title a third time. And the question being, “Shall this bill pass?” it was decided in the affirmative by the following

vote:

YEAS 56; NAYS None.


Althoff Cunningham McCann Rooney

Anderson Fowler McCarter Rose Aquino Harmon McConchie Sandoval




Bivins Hutchinson Muñoz Tracy Brady Jones, E. Murphy Trotter

Bush Koehler Nybo Van Pelt

Castro Landek Oberweis Weaver Clayborne Lightford Radogno

Collins Link Raoul

Connelly Manar Rezin Cullerton, T. Martinez Righter


Ordered that the Secretary inform the House of Representatives thereof and ask their concurrence

therein.

On motion of Senator Barickman, Senate Bill No. 747 having been transcribed and typed and all amendments adopted thereto having been printed, was taken up and read by title a third time.

And the question being, “Shall this bill pass?” it was decided in the affirmative by the following

vote:

YEAS 54; NAYS None.


Anderson Harmon McCarter Rooney Aquino Harris McConchie Rose

Barickman Hastings McConnaughay Sandoval

Bennett Holmes McGuire Schimpf Bertino-Tarrant Hunter Morrison Silverstein

Biss Hutchinson Mulroe Stadelman

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Bivins Jones, E. Muñoz Steans Brady Koehler Murphy Syverson

Bush Landek Nybo Tracy

Castro Lightford Oberweis Trotter Collins Link Radogno Van Pelt

Connelly Manar Raoul Weaver

Cullerton, T. Martinez Rezin Cunningham McCann Righter



On motion of Senator E. Jones III, Senate Bill No. 751 having been transcribed and typed and all



vote:

YEAS 57; NAYS None.





Bennett Hastings McGuire Silverstein

Bertino-Tarrant Holmes Morrison Stadelman Biss Hunter Mulroe Steans

Bivins Hutchinson Muñoz Syverson

Brady Jones, E. Murphy Tracy Bush Koehler Nybo Trotter

Castro Landek Oberweis Van Pelt

Clayborne Lightford Radogno Weaver Collins Link Raoul

Connelly Manar Rezin

Cullerton, T. Martinez Righter


passed, and all amendments not adopted were tabled pursuant to Senate Rule No. 5-4(a). Ordered that the Secretary inform the House of Representatives thereof and ask their concurrence

therein.

SENATE BILL RECALLED

On motion of Senator Morrison, Senate Bill No. 757 was recalled from the order of third reading

to the order of second reading.

Senator Morrison offered the following amendment and moved its adoption:

AMENDMENT NO. 1 TO SENATE BILL 757

AMENDMENT NO. 1 . Amend Senate Bill 757 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by changing Section 2-3.64a-5 as follows: (105 ILCS 5/2-3.64a-5)

Sec. 2-3.64a-5. State goals and assessment.

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(a) For the assessment and accountability purposes of this Section, "students" includes those students enrolled in a public or State-operated elementary school, secondary school, or cooperative or joint

agreement with a governing body or board of control, a charter school operating in compliance with the

Charter Schools Law, a school operated by a regional office of education under Section 13A-3 of this Code, or a public school administered by a local public agency or the Department of Human Services.

(b) The State Board of Education shall establish the academic standards that are to be applicable to

students who are subject to State assessments under this Section. The State Board of Education shall not establish any such standards in final form without first providing opportunities for public participation and

local input in the development of the final academic standards. Those opportunities shall include a well-

publicized period of public comment and opportunities to file written comments. (c) Beginning no later than the 2014-2015 school year, the State Board of Education shall annually

assess all students enrolled in grades 3 through 8 in English language arts and mathematics. Beginning no later than the 2017-2018 school year, the State Board of Education shall annually assess

all students in science at one grade in grades 3 through 5, at one grade in grades 6 through 8, and at one

grade in grades 9 through 12. The State Board of Education shall annually assess schools that operate a secondary education program,

as defined in Section 22-22 of this Code, in English language arts and mathematics. The State Board of

Education shall administer no more than 3 assessments, per student, of English language arts and

mathematics for students in a secondary education program. One of these assessments shall include a

college and career ready determination that shall be accepted by this State's public institutions of higher

education, as defined in the Board of Higher Education Act, for the purpose of student application or admissions consideration.

Students who are not assessed for college and career ready determinations may not receive a regular

high school diploma unless the student is exempted from taking State assessments under subsection (d) of this Section because (i) the student's individualized educational program developed under Article 14 of

this Code identifies the State assessment as inappropriate for the student, (ii) the student is enrolled in a

program of adult and continuing education, as defined in the Adult Education Act, (iii) the school district is not required to assess the individual student for purposes of accountability under federal No Child Left

Behind Act of 2001 requirements, (iv) the student has been determined to be an English learner and has

been enrolled in schools in the United States for less than 12 months, or (v) the student is otherwise identified by the State Board of Education, through rules, as being exempt from the assessment.

The State Board of Education shall not assess students under this Section in subjects not required by

this Section. Districts shall inform their students of the timelines and procedures applicable to their participation in

every yearly administration of the State assessments. The State Board of Education shall establish periods

of time in each school year during which State assessments shall occur to meet the objectives of this Section.

(d) Every individualized educational program as described in Article 14 shall identify if the State

assessment or components thereof are appropriate for the student. The State Board of Education shall develop rules governing the administration of an alternate assessment that may be available to students for

whom participation in this State's regular assessments is not appropriate, even with accommodations as

allowed under this Section. Students receiving special education services whose individualized educational programs identify them

as eligible for the alternative State assessments nevertheless shall have the option of taking this State's

regular assessment that includes a college and career ready determination, which shall be administered in accordance with the eligible accommodations appropriate for meeting these students' respective needs.

All students determined to be English learners shall participate in the State assessments, excepting those

students who have been enrolled in schools in the United States for less than 12 months. Such students may be exempted from participation in one annual administration of the English language arts assessment.

Any student determined to be an English learner shall receive appropriate assessment accommodations,

including language supports, which shall be established by rule. Approved assessment accommodations must be provided until the student's English language skills develop to the extent that the student is no

longer considered to be an English learner, as demonstrated through a State-identified English language

proficiency assessment. (e) The results or scores of each assessment taken under this Section shall be made available to the

parents of each student.

In each school year, the scores attained by a student on the State assessment that includes a college and career ready determination must be placed in the student's permanent record and must be entered on the

student's transcript pursuant to rules that the State Board of Education shall adopt for that purpose in

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accordance with Section 3 of the Illinois School Student Records Act. In each school year, the scores attained by a student on the State assessments administered in grades 3 through 8 must be placed in the

student's temporary record.

(f) All schools shall administer an academic assessment of English language proficiency in oral language (listening and speaking) and reading and writing skills to all children determined to be English

learners.

(g) All schools in this State that are part of the sample drawn by the National Center for Education Statistics, in collaboration with their school districts and the State Board of Education, shall administer the

biennial academic assessments under the National Assessment of Educational Progress carried out under

Section 411(b)(2) of the federal National Education Statistics Act of 1994 (20 U.S.C. 9010) if the U.S. Secretary of Education pays the costs of administering the assessments.

(h) Subject to available funds to this State for the purpose of student assessment, the State Board of Education shall provide additional assessments and assessment resources that may be used by school

districts for local assessment purposes. The State Board of Education shall annually distribute a listing of

these additional resources. (i) For the purposes of this subsection (i), "academically based assessments" means assessments

consisting of questions and answers that are measurable and quantifiable to measure the knowledge, skills,

and ability of students in the subject matters covered by the assessments. All assessments administered

pursuant to this Section must be academically based assessments. The scoring of academically based

assessments shall be reliable, valid, and fair and shall meet the guidelines for assessment development and

use prescribed by the American Psychological Association, the National Council on Measurement in Education, and the American Educational Research Association.

The State Board of Education shall review the use of all assessment item types in order to ensure that

they are valid and reliable indicators of student performance aligned to the learning standards being assessed and that the development, administration, and scoring of these item types are justifiable in terms

of cost.

(j) The State Superintendent of Education shall appoint a committee of no more than 21 members, consisting of parents, teachers, school administrators, school board members, assessment experts, regional

superintendents of schools, and citizens, to review the State assessments administered by the State Board

of Education. The Committee shall select one of its members as its chairperson. The Committee shall meet on an ongoing basis to review the content and design of the assessments (including whether the

requirements of subsection (i) of this Section have been met), the time and money expended at the local

and State levels to prepare for and administer the assessments, the collective results of the assessments as measured against the stated purpose of assessing student performance, and other issues involving the

assessments identified by the Committee. The Committee shall make periodic recommendations to the

State Superintendent of Education and the General Assembly concerning the assessments. (k) The State Board of Education may adopt rules to implement this Section.

(Source: P.A. 98-972, eff. 8-15-14; 99-30, eff. 7-10-15; 99-185, eff. 1-1-16; 99-642, eff. 7-28-16.)

Section 99. Effective date. This Act takes effect upon becoming law.".

The motion prevailed. And the amendment was adopted and ordered printed.

There being no further amendments, the foregoing Amendment No. 1 was ordered engrossed, and

the bill, as amended, was ordered to a third reading.

READING BILL OF THE SENATE A THIRD TIME

On motion of Senator Morrison, Senate Bill No. 757 having been transcribed and typed and all


vote:

YEAS 54; NAYS None.


Althoff Cunningham McCarter Rooney

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[May 3, 2017]

Anderson Fowler McConchie Rose Aquino Harmon McConnaughay Sandoval

Barickman Harris McGuire Schimpf

Bertino-Tarrant Holmes Morrison Silverstein Biss Hunter Mulroe Stadelman

Bivins Hutchinson Muñoz Steans

Brady Jones, E. Murphy Syverson Bush Koehler Nybo Tracy

Castro Lightford Oberweis Trotter

Clayborne Link Radogno Van Pelt Collins Manar Raoul Weaver

Connelly Martinez Rezin Cullerton, T. McCann Righter



therein.


On motion of Senator Martinez, Senate Bill No. 771 was recalled from the order of third reading

to the order of second reading. Senator Martinez offered the following amendment and moved its adoption:


AMENDMENT NO. 2 . Amend Senate Bill 771, AS AMENDED, by replacing everything after the

enacting clause with the following:

"Section 5. The Regulatory Sunset Act is amended by changing Section 4.28 and by adding Section

4.38 as follows:

(5 ILCS 80/4.28) Sec. 4.28. Acts repealed on January 1, 2018. The following Acts are repealed on January 1, 2018:

The Illinois Petroleum Education and Marketing Act.

The Podiatric Medical Practice Act of 1987. The Acupuncture Practice Act.

The Illinois Speech-Language Pathology and Audiology Practice Act.

The Interpreter for the Deaf Licensure Act of 2007. The Nurse Practice Act.

The Clinical Social Work and Social Work Practice Act.

The Pharmacy Practice Act. The Home Medical Equipment and Services Provider License Act.

The Marriage and Family Therapy Licensing Act.

The Nursing Home Administrators Licensing and Disciplinary Act. The Physician Assistant Practice Act of 1987.

(Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; 95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-

617, eff. 9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, eff. 10-29-07; 95-703, eff. 12-31-07; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09.)

(5 ILCS 80/4.38 new)

Sec. 4.38. Act repealed on January 1, 2028. The following Act is repealed on January 1, 2028: The Illinois Speech-Language Pathology and Audiology Practice Act.

Section 10. The Illinois Speech-Language Pathology and Audiology Practice Act is amended by changing Sections 3, 3.5, 5, 7, 8, 8.1, 8.5, 8.8, 11, 14, 16, 17, 22, 23, 24.1, 31a, and 34 and by adding

Sections 4.5, 8.2, 8.3, and 34.1 as follows:

(225 ILCS 110/3) (from Ch. 111, par. 7903) (Section scheduled to be repealed on January 1, 2018)

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[May 3, 2017]

Sec. 3. Definitions. The following words and phrases shall have the meaning ascribed to them in this Section unless the context clearly indicates otherwise:

(a) "Department" means the Department of Financial and Professional Regulation.

(b) "Secretary" means the Secretary of Financial and Professional Regulation. (c) "Board" means the Board of Speech-Language Pathology and Audiology established under Section

5 of this Act.

(d) "Speech-Language Pathologist" means a person who has received a license pursuant to this Act and who engages in the practice of speech-language pathology.

(e) "Audiologist" means a person who has received a license pursuant to this Act and who engages in

the practice of audiology. (f) "Public member" means a person who is not a health professional. For purposes of board

membership, any person with a significant financial interest in a health service or profession is not a public member.

(g) "The practice of audiology" is the application of nonsurgical nonmedical methods and procedures

for the screening, identification, measurement, monitoring, testing, appraisal, prediction, interpretation, habilitation, rehabilitation, or instruction related to audiologic or vestibular disorders, including hearing

and disorders of hearing. These procedures are for the purpose of counseling, consulting and rendering or

offering to render services or for participating in the planning, directing or conducting of programs that

are designed to modify communicative disorders involving speech, language, or auditory , or vestibular

function related to hearing loss. The practice of audiology may include, but shall not be limited to, the

following: (1) any task, procedure, act, or practice that is necessary for the evaluation and management of

audiologic,

hearing, or vestibular function, including, but not limited to, neurophysiologic intraoperative monitoring of the seventh or eighth cranial nerve function;

(2) training in the use of amplification devices;

(3) the evaluation, fitting, dispensing, or servicing of hearing instruments and auditory prosthetic devices, such as cochlear implants, auditory osseointegrated devices, and brainstem implants;

(4) cerumen removal; and

(5) (4) performing basic speech and language screening tests and procedures consistent with audiology training; and .

(6) performing basic health screenings in accordance with Section 8.3 of this Act.

"The practice of audiology" does not include testing and interpretation of test results using electrodiagnostic modalities to monitor the spinal cord, peripheral nerves (other than the seventh and

eighth cranial nerve), cerebral hemispheres, or brainstem.

(h) "The practice of speech-language pathology" is the application of nonmedical methods and procedures for the identification, measurement, testing, appraisal, prediction, habilitation, rehabilitation,

and modification related to communication development, and disorders or disabilities of speech, language,

voice, swallowing, and other speech, language and voice related disorders. These procedures are for the purpose of counseling, consulting and rendering or offering to render services, or for participating in the

planning, directing or conducting of programs that are designed to modify communicative disorders and

conditions in individuals or groups of individuals involving speech, language, voice and swallowing function.

"The practice of speech-language pathology" shall include, but shall not be limited to, the following:

(1) hearing screening tests and aural rehabilitation procedures consistent with speech-language pathology training;

(2) tasks, procedures, acts or practices that are necessary for the evaluation of, and

training in the use of, augmentative communication systems, communication variation, cognitive rehabilitation, non-spoken language production and comprehension; and

(3) the use of rigid or flexible laryngoscopes for the sole purpose of observing and

obtaining images of the pharynx and larynx in accordance with Section 9.3 of this Act; and .

(4) performing basic health screenings in accordance with Section 8.3 of this Act.

(i) "Speech-language pathology assistant" means a person who has received a license pursuant to this

Act to assist a speech-language pathologist in the manner provided in this Act. (j) "Physician" means a physician licensed to practice medicine in all its branches under the Medical

Practice Act of 1987.

(k) "Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file, as maintained by the Department's licensure

maintenance unit.

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[May 3, 2017]

(l) "Address of record" means the designated address recorded by the Department in the applicant's or licensee's application file or license file as maintained by the Department's licensure maintenance unit.

(m) "Neurophysiologic intraoperative monitoring" means the process of continual testing and

interpretation of test results using electrodiagnostic modalities to monitor the seventh and eighth cranial nerve function during a surgical procedure. Neurophysiologic intraoperative monitoring may be performed

by an audiologist only if authorized by the physician performing the surgical procedure.

(Source: P.A. 95-465, eff. 8-27-07; 96-719, eff. 8-25-09.) (225 ILCS 110/3.5)

(Section scheduled to be repealed on January 1, 2018)

Sec. 3.5. Exemptions. This Act does not prohibit: (a) The practice of speech-language pathology or audiology by students in their course

of study in programs approved by the Department when acting under the direction and supervision of licensed speech-language pathologists or audiologists.

(b) The performance of any speech-language pathology service by a speech-language

pathology assistant or a speech-language pathology paraprofessional if such service is performed under the supervision and full responsibility of a licensed speech-language pathologist. A speech language

pathology assistant may perform only those duties authorized by Section 8.7 under the supervision of a

speech-language pathologist as provided in Section 8.8.

(b-5) The performance of an audiology service by an appropriately trained person if that

service is performed under the supervision and full responsibility of a licensed audiologist.

(c) The performance of audiometric testing for the purpose of industrial hearing

conservation by an audiometric technician certified by the Council of Accreditation for Occupational

Hearing Conservation (CAOHC).

(d) The performance of an audiometric screening by an audiometric screenings technician certified by the Department of Public Health.

(e) The selling or practice of fitting, dispensing, or servicing hearing instruments by

a hearing instrument dispenser licensed under the Hearing Instrument Consumer Protection Act.

(f) A person licensed in this State under any other Act from engaging in the practice

for which he or she is licensed.

(g) The performance of vestibular function testing by an appropriately trained person under the supervision of a physician licensed to practice medicine in all its branches.

(Source: P.A. 92-510, eff. 6-1-02.)

(225 ILCS 110/4.5 new) Sec. 4.5. Address of record; email address of record. All applicants and licensees shall:

(1) provide a valid address and email address to the Department, which shall serve as the address of

record and email address of record, respectively, at the time of application for licensure or renewal of a license; and

(2) inform the Department of any change of address of record or email address of record within 14

days after such change either through the Department's website or by contacting the Department's licensure maintenance unit.

(225 ILCS 110/5) (from Ch. 111, par. 7905)

(Section scheduled to be repealed on January 1, 2018) Sec. 5. Board of Speech-Language Pathology and Audiology. There is created a Board of Speech-

Language Pathology and Audiology to be composed of persons designated from time to time by the

Secretary, as follows: (a) Five persons, 2 of whom have been licensed speech-language pathologists for a period

of 5 years or more, 2 of whom have been licensed audiologists for a period of 5 years or more, and one

public member. The board shall annually elect a chairperson and a vice-chairperson.

(b) Terms for all members shall be for 3 years. A member shall serve until his or her

successor is appointed and qualified. Partial terms over 2 years in length shall be considered as full

terms. A member may be reappointed for a successive term, but no member shall serve more than 2 full terms.

(c) The membership of the Board should reasonably reflect representation from the

various geographic areas of the State.

(d) In making appointments to the Board, the Secretary shall give due consideration to

recommendations by organizations of the speech-language pathology and audiology professions in

Illinois, including the Illinois Speech-Language-Hearing Association and the Illinois Academy of Audiology, and shall promptly give due notice to such organizations of any vacancy in the membership

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[May 3, 2017]

of the Board. The Secretary may terminate the appointment of any member for any cause, which in the opinion of the Secretary, reasonably justifies such termination.

(e) A majority of the Board members currently appointed shall constitute a quorum. A

vacancy in the membership of the Board shall not impair the right of a quorum to exercise all the rights and perform all the duties of the Board.

(f) The members of the Board may each receive as compensation a reasonable sum as

determined by the Secretary for each day actually engaged in the duties of the office, and all legitimate and necessary expenses incurred in attending the meetings of the Board.

(g) Members of the Board shall have no liability be immune from suit in any action based upon any

disciplinary proceedings or other activity activities performed in good faith as members of the Board.

(h) The Secretary may consider the recommendations of the Board in establishing

guidelines for professional conduct, the conduct of formal disciplinary proceedings brought under this

Act, and qualifications of applicants. Notice of proposed rulemaking shall be transmitted to the Board

and the Department shall review the response of the Board and any recommendations made in the response. The Department, at any time, may seek the expert advice and knowledge of the Board on any

matter relating to the administration or enforcement of this Act.

(i) Whenever the Secretary is satisfied that substantial justice has not been done

either in an examination or in the revocation, suspension, or refusal of a license, or other disciplinary

action relating to a license, the Secretary may order a reexamination or rehearing.

(Source: P.A. 94-528, eff. 8-10-05; 95-465, eff. 8-27-07.) (225 ILCS 110/7) (from Ch. 111, par. 7907)


Sec. 7. Licensure requirement. (a) Except as provided in subsection (b), on or after June 1, 1989, no person shall practice speech-

language pathology or audiology without first applying for and obtaining a license for such purpose from

the Department. Except as provided in this Section, on or after January 1, 2002, no person shall perform the functions and duties of a speech-language pathology assistant without first applying for and obtaining

a license for that purpose from the Department.

(b) A person holding a regular license to practice speech-language pathology or audiology under the laws of another state, a territory of the United States, or the District of Columbia who has made application

to the Department for a license to practice speech-language pathology or audiology may practice speech-

language pathology or audiology without a license for 90 days from the date of application or until disposition of the license application by the Department, whichever is sooner, if the person (i) in the case

of a speech-language pathologist, holds a Certificate of Clinical Competence from the American Speech-

Language-Hearing Association in speech-language pathology or audiology or, in the case of an audiologist, a certificate from the American Board of Audiology and (ii) has not been disciplined and has

no disciplinary matters pending in a state, a territory, or the District of Columbia.

A person applying for an initial license to practice audiology who is a recent graduate of a Department-approved audiology program may practice as an audiologist for a period of 60 days after the date of

application or until disposition of the license application by the Department, whichever is sooner, provided

that he or she meets the applicable requirements of Section 8 of this Act. (Source: P.A. 95-465, eff. 8-27-07.)

(225 ILCS 110/8) (from Ch. 111, par. 7908)

(Section scheduled to be repealed on January 1, 2018) Sec. 8. Qualifications for licenses to practice speech-language pathology or audiology. The Department

shall require that each applicant for a license to practice speech-language pathology or audiology shall:

(a) (blank); (b) be at least 21 years of age;

(c) not have violated any provisions of Section 16 of this Act;

(d) for a license as a speech-language pathologist, present satisfactory evidence of

receiving a master's or doctoral degree in speech-language pathology from a program approved by the

Department. Nothing in this Act shall be construed to prevent any program from establishing higher

standards than specified in this Act;

(d-5) for a license as an audiologist, present satisfactory evidence of having received

a master's or doctoral degree in audiology from a program approved by the Department; however, an

applicant for licensure as an audiologist whose degree was conferred on or after January 1, 2008, must present satisfactory evidence of having received a doctoral degree in audiology from a program

approved by the Department;

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[May 3, 2017]

(e) pass a national examination recognized by the Department in the theory and practice of the profession;

(f) for a license as a speech-language pathologist, have completed the equivalent of 9

months of supervised experience; and

(g) for a license as an audiologist, have completed a minimum of 1,500 clock hours of

supervised experience or present evidence of a Doctor of Audiology (AuD) degree.

An applicant for licensure as a speech-language pathologist who received education and training at a speech-language pathology program located outside of the United States must meet the requirements of

this Section, including, but not limited to, substantially complying with the minimum requirements of an

approved program as set forth by rule. Applicants have 3 years from the date of application to complete the application process. If the process

has not been completed within 3 years, the application shall be denied, the fee shall be forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.

(Source: P.A. 94-528, eff. 8-10-05; 95-465, eff. 8-27-07.)

(225 ILCS 110/8.1) (Section scheduled to be repealed on January 1, 2018)

Sec. 8.1. Temporary license. On and after July 1, 2005, a person who has met the requirements of items

(a) through (e) of Section 8 and intends to undertake supervised professional experience as a speech-

language pathologist, as required by subsection (f) of Section 8 and the rules adopted by the Department,

must first obtain a temporary license from the Department. A temporary license may be issued by the

Department only to an applicant pursuing licensure as a speech-language pathologist in this State. A temporary license shall be issued to an applicant upon receipt of the required fee as set forth by rule and

documentation on forms prescribed by the Department certifying that his or her professional experience

will be supervised by a licensed speech-language pathologist. A temporary license shall be issued for a period of 18 12 months and may be renewed only once for good cause shown.

A person who has completed the course and clinical curriculum required to receive a master's degree in

speech-language pathology, as minimally required under subsection (d) of Section 8 of this Act for a license to practice speech-language pathology, but who has not yet been conferred the master's degree,

may make application to the Department for a temporary license under this Section and may begin his or

her supervised professional experience as a speech-language pathologist without a temporary license for 120 days from the date of application or until disposition of the license application by the Department,

whichever is sooner.

(Source: P.A. 93-112, eff. 1-1-04; 93-1060, eff. 12-23-04; 94-1082, eff. 1-19-07.) (225 ILCS 110/8.2 new)

Sec. 8.2. Remote practice of audiology and speech-language pathology.

(a) An audiologist licensed under this Act may conduct the practice of audiology remotely subject to the following conditions:

(1) the practice of audiology may be conducted remotely using video conferencing;

(2) the use of telephone, email, instant messaging, store and forward technology, or facsimile must be in conjunction with or supplementary to the use of video conferencing;

(3) an audiologist who practices audiology remotely must follow all applicable Health Insurance

Portability and Accountability Act privacy and security regulations; (4) an audiologist who practices audiology remotely is subject to the same standard of care required

of an audiologist who practices audiology in a clinic or office setting; and

(5) services delivered remotely by an audiologist must be equivalent to the quality of services delivered in person in a clinic or office setting.

(b) A speech-language pathologist licensed under this Act may conduct the practice of speech-language

pathology remotely subject to the following conditions: (1) the practice of speech-language pathology may be conducted remotely using video conferencing;

(2) the use of telephone, email, instant messaging, store and forward technology, or facsimile must

be in conjunction with or supplementary to the use of video conferencing; (3) a speech-language pathologist who practices speech-language pathology remotely must follow all

applicable Health Insurance Portability and Accountability Act privacy and security regulations;

(4) a speech-language pathologist who practices speech-language pathology remotely is subject to the same standard of care required of a speech-language pathologist who practices speech-language

pathology in a clinic or office setting; and

(5) services delivered remotely by a speech-language pathologist must be equivalent to the quality of services delivered in person in a clinic setting.

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(c) An out-of-state person providing speech-language pathology or audiology services to a person residing in Illinois without a license issued pursuant to this Act submits himself or herself to the

jurisdiction of the Department and the courts of this State.

(225 ILCS 110/8.3 new) Sec. 8.3. Basic health screenings. A speech-language pathologist or an audiologist may perform basic

health screenings and create the resulting plans of care if: (1) the elements of the plan of care are within

the scope of practice of a speech-language pathologist or an audiologist and (2) the speech-language pathologist or audiologist is trained in the performance of basic health screenings as set forth by rule from

one of the following: (A) as part of the curriculum of an approved program, (B) through worksite training,

or (C) through continuing education. A plan of care that includes elements that are outside the scope of practice of a speech-language pathologist or an audiologist must be referred to appropriate medical

personnel for further evaluation or management. (225 ILCS 110/8.5)


Sec. 8.5. Qualifications for licenses as a speech-language pathology assistant. A person is qualified to be licensed as a speech-language pathology assistant if that person has applied in writing or electronically

on forms prescribed by the Department, has paid the required fees, and meets both of the following criteria:

(1) Is of good moral character. In determining moral character, the Department may take

into consideration any felony conviction or plea of guilty or nolo contendere of the applicant, but such

a conviction or plea shall not operate automatically as a complete bar to licensure.

(2) Has received either (i) an associate degree from a speech-language pathology assistant program

that has been approved by the Department and that meets the minimum requirements set forth in Section

8.6 or (ii) a bachelor's degree and has completed course work from an accredited college or university

that meets the minimum requirements set forth in Section 8.6.

(Source: P.A. 94-869, eff. 6-16-06; 95-465, eff. 8-27-07.)

(225 ILCS 110/8.8)

(Section scheduled to be repealed on January 1, 2018) Sec. 8.8. Supervision of speech-language pathology assistants.

(a) A speech-language pathology assistant shall practice only under the supervision of a speech-

language pathologist who has at least 2 years experience in addition to the supervised professional experience required under subsection (f) of Section 8 of this Act. A speech-language pathologist who

supervises a speech-language pathology assistant (i) must have completed at least 6 10 clock hours of

training in the supervision related to speech-language pathology, and (ii) must complete at least 2 clock hours of continuing education in supervision related to speech-language pathology in each new licensing

cycle after completion of the initial training required under item (i) of speech-language pathology

assistants. The Department shall promulgate rules describing the supervision training requirements. The rules may allow a speech-language pathologist to apply to the Board for an exemption from this training

requirement based upon prior supervisory experience.

(b) A speech-language pathology assistant must be under the direct supervision of a speech-language pathologist at least 30% of the speech-language pathology assistant's actual patient or client contact time

per patient or client during the first 90 days of initial employment as a speech-language pathology assistant.

Thereafter, a speech-language pathology assistant must be under the direct supervision of a speech-language pathologist at least 20% of the speech-language pathology assistant's actual patient or client

contact time per patient or client. Supervision of a speech-language pathology assistant beyond the

minimum requirements of this subsection may be imposed at the discretion of the supervising speech-language pathologist. A supervising speech-language pathologist must be available to communicate with

a speech-language pathology assistant whenever the assistant is in contact with a patient or client.

(c) A speech-language pathologist that supervises a speech-language pathology assistant must document direct supervision activities. At a minimum, supervision documentation must provide (i) information

regarding the quality of the speech-language pathology assistant's performance of assigned duties, and (ii)

verification that clinical activity is limited to duties specified in Section 8.7. (d) A full-time speech-language pathologist may supervise no more than 2 speech-language pathology

assistants. A speech-language pathologist that does not work full-time may supervise no more than one

speech-language pathology assistant. (e) For purposes of this Section, "direct supervision" means on-site, in-view observation and guidance

by a speech-language pathologist while an assigned activity is performed by the speech-language

pathology assistant. (Source: P.A. 92-510, eff. 6-1-02.)

(225 ILCS 110/11) (from Ch. 111, par. 7911)

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(Section scheduled to be repealed on January 1, 2018) Sec. 11. Expiration, renewal and restoration of licenses.

(a) The expiration date and renewal period for each license issued under this Act shall be set by rule. A

speech-language pathologist, speech-language pathology assistant, or audiologist may renew such license during the month preceding the expiration date thereof by paying the required fee.

(a-5) An audiologist renewing his or her license All renewal applicants shall provide proof as

determined by the Department of having met the continuing education requirements set forth in the rules of the Department. At a minimum, the rules shall require a renewal applicant for licensure as an a speech-

language pathologist or audiologist to provide proof of completing at least 20 clock hours of continuing

education during the 2-year licensing cycle for which he or she is currently licensed , no more than 10 hours of which may be obtained through programs sponsored by hearing instrument or auditory prosthetic

device manufacturers. An audiologist must provide proof that at least 2 clock hours of training in ethics or legal requirements pertaining to the practice of audiology was completed during the 2-year licensing cycle

for which he or she is currently licensed. An audiologist who has met the continuing education

requirements of the Hearing Instrument Consumer Protection Act during an equivalent licensing cycle under this Act shall be deemed to have met the continuing education requirements of this Act. At a

minimum, the rules shall require a renewal applicant for licensure as a speech-language pathology assistant

to provide proof of completing at least 10 clock hours of continuing education during the 2-year period

for which he or she currently holds a license.

(a-10) A speech-language pathologist or a speech-language pathology assistant renewing his or her

license shall provide proof as determined by the Department of having met the continuing education requirements set forth in the rules of the Department. At a minimum, the rules shall require a renewal

applicant for license as a speech-language pathologist to provide proof of completing at least 20 clock

hours of continuing education during the 2-year licensing cycle for which he or she is currently licensed. A speech language pathologist must provide proof that at least one clock hour of ethics training was

completed during the 2-year licensing cycle for which he or she is currently licensed. At a minimum, the

rules shall require a renewal applicant for licensure as a speech-language pathology assistant to provide proof of completing at least 10 clock hours of continuing education during the 2-year period for which he

or she currently holds a license.

(b) Inactive status. (1) Any licensee who notifies the Department in writing on forms prescribed by the

Department may elect to place his or her license on an inactive status and shall, subject to rules of the

Department, be excused from payment of renewal fees until he or she notifies the Department in writing of his or her desire to resume active status.

(2) Any licensee requesting restoration from inactive status shall be required to (i)

pay the current renewal fee; and (ii) demonstrate that he or she has completed a minimum of 20 hours of continuing education and met any additional continuing education requirements established by the

Department by rule.

(3) Any licensee whose license is in an inactive status shall not practice in the State of Illinois without first restoring his or her license.

(4) Any licensee who shall engage in the practice while the license is lapsed or

inactive shall be considered to be practicing without a license which shall be grounds for discipline under Section 16 of this Act.

(c) Any speech-language pathologist, speech-language pathology assistant, or audiologist whose license

has expired may have his or her license restored at any time within 5 years after the expiration thereof, upon payment of the required fee.

(d) Any person whose license has been expired or inactive for 5 years or more may have his or her

license restored by making application to the Department and filing proof acceptable to the Department of his or her fitness to have his or her license restored, including sworn evidence certifying to active lawful

practice in another jurisdiction, and by paying the required restoration fee. A person practicing on an

expired license is deemed to be practicing without a license. (e) If a person whose license has expired has not maintained active practice in another jurisdiction, the

Department shall determine, by an evaluation process established by rule, his or her fitness to resume

active status and may require the person to complete a period of evaluated clinical experience, and may require successful completion of an examination.

(f) Any person whose license has expired while he or she has been engaged (1) in federal or State service

on active duty, or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have his or her license restored without paying any lapsed renewal

or restoration fee, if within 2 years after termination of such service, training or education he or she

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furnishes the Department with satisfactory proof that he or she has been so engaged and that his or her service, training or education has been so terminated.

(Source: P.A. 95-465, eff. 8-27-07.)


Sec. 14. Fees.

(a) The Department shall provide by rule for a schedule of fees to be paid for licenses by all applicants. The Department shall consult with the Board and consider its recommendations when establishing the

schedule of fees and any increase in fees to be paid by license applicants.

(b) Except as provided in subsection (c) below, the fees for the administration and enforcement of this Act, including but not limited to original licensure, renewal, and restoration, shall be set by rule and shall

be nonrefundable. (b-5) In addition to any fees set by the Department through administrative rule, the Department shall, at

the time of licensure and renewal, collect from each licensed audiologist a Hearing Instrument Consumer

Protection Fee of $45. (c) (Blank). Applicants for examination shall be required to pay, either to the Department or the

designated testing service, a fee covering the cost of initial screening to determine eligibility and to provide

the examination. Failure to appear for the examination on the scheduled date at the time and place

specified, after the application for examination has been received and acknowledged by the Department

or the designated testing service, shall result in the forfeiture of the examination fee.

(Source: P.A. 90-69, eff. 7-8-97; 91-932, eff. 1-1-01.) (225 ILCS 110/16) (from Ch. 111, par. 7916)


Sec. 16. Refusal, revocation or suspension of licenses. (1) The Department may refuse to issue or renew, or may revoke, suspend, place on probation, censure,

reprimand or take other disciplinary or non-disciplinary action as the Department may deem proper,

including fines not to exceed $10,000 for each violation, with regard to any license for any one or combination of the following causes:

(a) Fraud in procuring the license.

(b) (Blank). (c) Willful or repeated violations of the rules of the Department of Public Health.

(d) Division of fees or agreeing to split or divide the fees received for

speech-language pathology or audiology services with any person for referring an individual, or assisting in the care or treatment of an individual, without the knowledge of the individual or his or her

legal representative. Nothing in this paragraph (d) affects any bona fide independent contractor or

employment arrangements among health care professionals, health facilities, health care providers, or other entities, except as otherwise prohibited by law. Any employment arrangements may include

provisions for compensation, health insurance, pension, or other employment benefits for the provision

of services within the scope of the licensee's practice under this Act. Nothing in this paragraph (d) shall be construed to require an employment arrangement to receive professional fees for services rendered.

(e) Employing, procuring, inducing, aiding or abetting a person not licensed as a

speech-language pathologist or audiologist to engage in the unauthorized practice of speech-language pathology or audiology.

(e-5) Employing, procuring, inducing, aiding, or abetting a person not licensed as a

speech-language pathology assistant to perform the functions and duties of a speech-language pathology assistant.

(f) Making any misrepresentations or false promises, directly or indirectly, to

influence, persuade or induce patronage.

(g) Professional connection or association with, or lending his or her name to another

for the illegal practice of speech-language pathology or audiology by another, or professional

connection or association with any person, firm or corporation holding itself out in any manner contrary to this Act.

(h) Obtaining or seeking to obtain checks, money, or any other things of value by false

or fraudulent representations, including but not limited to, engaging in such fraudulent practice to defraud the medical assistance program of the Department of Healthcare and Family Services (formerly

Department of Public Aid).

(i) Practicing under a name other than his or her own. (j) Improper, unprofessional or dishonorable conduct of a character likely to deceive,

defraud or harm the public.

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[May 3, 2017]

(k) Conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or sentencing, including, but not limited to, convictions, preceding sentences of supervision, conditional

discharge, or first offender probation, under the laws of any jurisdiction of the United States that is (i) a

felony or (ii) a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of the profession. Conviction of or entry of a plea of guilty or nolo contendere to any crime that

is a felony under the laws of the United States or any state or territory thereof, or that is a misdemeanor of

which an essential element is dishonesty, or that is directly related to the practice of the profession. (1) Permitting a person under his or her supervision to perform any function not

authorized by this Act.

(m) A violation of any provision of this Act or rules promulgated thereunder. (n) Discipline by another state, the District of Columbia, territory, or foreign nation

of a license to practice speech-language pathology or audiology or a license to practice as a speech-language pathology assistant in its jurisdiction if at least one of the grounds for that discipline is the

same as or the equivalent of one of the grounds for discipline set forth herein.

(o) Willfully failing to report an instance of suspected child abuse or neglect as required by the Abused and Neglected Child Reporting Act.

(p) Gross or repeated malpractice.

(q) Willfully making or filing false records or reports in his or her practice as a

speech-language pathologist, speech-language pathology assistant, or audiologist, including, but not

limited to, false records to support claims against the public assistance program of the Department of

Healthcare and Family Services (formerly Illinois Department of Public Aid).

(r) Professional incompetence as manifested by poor standards of care or mental

incompetence as declared by a court of competent jurisdiction.

(s) Repeated irregularities in billing a third party for services rendered to an individual. For purposes of this Section, "irregularities in billing" shall include:

(i) reporting excessive charges for the purpose of obtaining a total payment in

excess of that usually received by the speech-language pathologist, speech-language pathology assistant, or audiologist for the services rendered;

(ii) reporting charges for services not rendered; or

(iii) incorrectly reporting services rendered for the purpose of obtaining payment not earned.

(t) (Blank).

(u) Violation of the Health Care Worker Self-Referral Act. (v) Inability to practice with reasonable judgment, skill, or safety as a result of

habitual or excessive use of or addiction to alcohol, narcotics, or stimulants or any other chemical agent

or drug or as a result of physical illness, including, but not limited to, deterioration through the aging process or loss of motor skill, mental illness, or disability.

(w) Violation of the Hearing Instrument Consumer Protection Act.

(x) Failure by a speech-language pathology assistant and supervising speech-language pathologist to comply with the supervision requirements set forth in Section 8.8.

(y) Willfully Wilfully exceeding the scope of duties customarily undertaken by speech-language

pathology assistants set forth in Section 8.7 that results in, or may result in, harm to the public.

(z) Willfully failing to report an instance of suspected abuse, neglect, financial exploitation, or self-

neglect of an eligible adult as defined in and required by the Adult Protective Services Act. (aa) Being named as a perpetrator in an indicated report by the Department on Aging under the Adult

Protective Services Act, and upon proof by clear and convincing evidence that the licensee has caused an

eligible adult to be abused, neglected, or financially exploited as defined in the Adult Protective Services Act.

(bb) Willfully violating Section 8.2 of this Act.

(2) The Department shall deny a license or renewal authorized by this Act to any person who has defaulted on an educational loan guaranteed by the Illinois State Scholarship Commission; however, the

Department may issue a license or renewal if the aforementioned persons have established a satisfactory

repayment record as determined by the Illinois State Scholarship Commission. (3) The entry of an order by a circuit court establishing that any person holding a license under this Act

is subject to involuntary admission or judicial admission as provided for in the Mental Health and

Developmental Disabilities Code, operates as an automatic suspension of that license. That person may have his or her license restored only upon the determination by a circuit court that the patient is no longer

subject to involuntary admission or judicial admission and the issuance of an order so finding and

25

[May 3, 2017]

discharging the patient, and upon the Board's recommendation to the Department that the license be restored. Where the circumstances so indicate, the Board may recommend to the Department that it require

an examination prior to restoring any license automatically suspended under this subsection.

(4) The Department may refuse to issue or may suspend the license of any person who fails to file a return, or to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of the

tax penalty or interest, as required by any tax Act administered by the Department of Revenue, until such

time as the requirements of any such tax Act are satisfied. (5) In enforcing this Section, the Board upon a showing of a possible violation may compel an individual

licensed to practice under this Act, or who has applied for licensure pursuant to this Act, to submit to a

mental or physical examination, or both, as required by and at the expense of the Department. The examining physicians or clinical psychologists shall be those specifically designated by the Board. The

individual to be examined may have, at his or her own expense, another physician or clinical psychologist of his or her choice present during all aspects of this examination. Failure of any individual to submit to a

mental or physical examination, when directed, shall be grounds for suspension of his or her license until

the individual submits to the examination if the Board finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause.

If the Board finds an individual unable to practice because of the reasons set forth in this Section, the

Board may require that individual to submit to care, counseling, or treatment by physicians or clinical

psychologists approved or designated by the Board, as a condition, term, or restriction for continued,

restored reinstated, or renewed licensure to practice; or, in lieu of care, counseling, or treatment, the Board

may recommend to the Department to file a complaint to immediately suspend, revoke, or otherwise discipline the license of the individual. Any individual whose license was granted, continued, restored

reinstated, renewed, disciplined or supervised subject to such terms, conditions, or restrictions, and who

fails to comply with such terms, conditions, or restrictions, shall be referred to the Secretary for a determination as to whether the individual shall have his or her license suspended immediately, pending a

hearing by the Board.

In instances in which the Secretary immediately suspends a person's license under this Section, a hearing on that person's license must be convened by the Board within 15 days after the suspension and completed

without appreciable delay. The Board shall have the authority to review the subject individual's record of

treatment and counseling regarding the impairment to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.

An individual licensed under this Act and affected under this Section shall be afforded an opportunity

to demonstrate to the Board that he or she can resume practice in compliance with acceptable and prevailing standards under the provisions of his or her license.

(Source: P.A. 95-331, eff. 8-21-07; 95-465, eff. 8-27-07; 96-1482, eff. 11-29-10.)


Sec. 17. Investigations; notice; hearings. Licenses may be refused, revoked, or suspended in the manner

provided by this Act and not otherwise. The Department may upon its own motion and shall upon the verified complaint in writing of any person setting forth facts that if proven would constitute grounds for

refusal to issue, suspend, or revoke under this Act, investigate the actions of any person applying for,

holding, or claiming to hold a license. The Department shall, before refusing to issue or renew or suspending or revoking any license or taking

other disciplinary action pursuant to Section 16 of this Act, and at least 30 days prior to the date set for the

hearing, notify, in writing, the applicant for or the holder of such license of any charges made, afford the accused person an opportunity to be heard in person or by counsel in reference thereto, and direct the

applicant or licensee to file a written answer to the Board under oath within 20 days after the service of

the notice and inform the applicant or licensee that failure to file an answer will result in default being taken against the applicant or licensee and that the license or certificate may be suspended, revoked, placed

on probationary status, or other disciplinary action may be taken, including limiting the scope, nature, or

extent of practice, as the Secretary may deem proper. Written or electronic notice may be served by personal delivery, of the same personally to the accused person or by mailing the same by certified mail ,

or email to the applicant or licensee at his or her address of record or email address of record his or her

last known place of residence or to the place of business last specified by the accused person in his or her last notification to the Department. In case the person fails to file an answer after receiving notice, his or

her license or certificate may, in the discretion of the Department, be suspended, revoked, or placed on

probationary status or the Department may take whatever disciplinary action deemed proper, including limiting the scope, nature, or extent of the person's practice or the imposition of a fine, without a hearing,

if the act or acts charged constitute sufficient grounds for such action under this Act.

26

[May 3, 2017]

At the time and place fixed in the notice, the Board shall proceed to hearing of the charges and both the accused person and the Department complainant shall be accorded ample opportunity to present, in person

or by counsel, any statements, testimony, evidence, and arguments as may be pertinent to the charges or

to their defense. The Board may continue such hearing from time to time. If the Board is not sitting at the time and place fixed in the notice or at the time and place to which the hearing shall have been continued,

the Department shall continue such hearing for a period not to exceed 30 days.

(Source: P.A. 95-465, eff. 8-27-07.) (225 ILCS 110/22) (from Ch. 111, par. 7922)


Sec. 22. Appointment of a hearing officer. The Secretary has shall have the authority to appoint any attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer for any action

for refusal to issue, restore, or renew a license or discipline of a license. The hearing officer shall have full authority to conduct the hearing. Board members may attend hearings. The hearing officer shall report his

or her findings and recommendations to the Board and the Secretary. The Board shall review the report of

the hearing officer and present its findings of fact, conclusions of law and recommendations to the Secretary and to all parties to the proceedings. If the Secretary disagrees in any regard with the Board's

report, he or she may issue an order in contravention of the Board's report.

(Source: P.A. 95-465, eff. 8-27-07.)

(225 ILCS 110/23) (from Ch. 111, par. 7923)


Sec. 23. Restoration. At any time after suspension, revocation, placement on probationary status, or the taking of any other disciplinary action with regard to any license, the Department may restore the license,

or take any other action to restore reinstate the license to good standing upon the written recommendation

of the Board, unless after an investigation and a hearing, the Board determines that restoration is not in the public interest. No person whose license has been revoked as authorized in this Act may apply for

restoration of that license until such time as provided for in the Civil Administrative Code of Illinois.

A license that has been suspended or revoked shall be considered nonrenewed for purposes of restoration and a person restoring his or her license from suspension or revocation must comply with the

requirements for restoration of a nonrenewed license as set forth in Section 11 of this Act and any related

rules adopted. (Source: P.A. 95-465, eff. 8-27-07.)

(225 ILCS 110/24.1)

(Section scheduled to be repealed on January 1, 2018) Sec. 24.1. Certifications of record; costs. The Department shall not be required to certify any record to

the court, to file an answer in court, or to otherwise appear in any court in a judicial review proceeding

unless and until the Department has received from the plaintiff there is filed in the court, with the complaint, a receipt from the Department acknowledging payment of the costs of furnishing and certifying

the record, which costs shall be determined by the Department. Exhibits shall be certified without cost.

Failure on the part of the plaintiff to file the receipt in court is grounds for dismissal of the action. (Source: P.A. 95-465, eff. 8-27-07.)

(225 ILCS 110/31a)

(Section scheduled to be repealed on January 1, 2018) Sec. 31a. Advertising services.

(a) A speech-language pathologist or audiologist shall include in every advertisement for services

regulated under this Act his or her title as it appears on the license or the initials authorized under this Act. (b) The terms, "audiologist", "clinical audiologist", "licensed audiologist", "speech-language

pathology", "speech-language pathologist", "clinical speech-language pathologist", "licensed speech-

language pathologist", or any other similar term, title, abbreviation, or symbol may not be used by any person in any communication that advertises services regulated under this Act unless he or she is licensed

under this Act as a speech-language pathologist or an audiologist. A person who is not a licensed

audiologist under this Act may use the term "audiology" in a communication that advertises services regulated under this Act only if that person employs or otherwise retains the services of an audiologist

who is licensed under this Act. An audiologist may use the term "doctor" if it also stated that he or she is

a "doctor of audiology." This subsection does not apply to a person who is exempt from licensure under this Act because he or she holds a professional educator license issued pursuant to the School Code with

a special education endorsement as a teaching speech-language pathologist or with a school support

personnel endorsement as a non-teaching speech-language pathologist issued prior to January 1, 2004. (Source: P.A. 91-310, eff. 1-1-00; 92-510, eff. 6-1-02.)

(225 ILCS 110/34) (from Ch. 111, par. 7934)

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[May 3, 2017]

(Section scheduled to be repealed on January 1, 2018) Sec. 34. Illinois Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby

expressly adopted and incorporated herein as if all of the provisions of that Act were included in this Act,

except that the provision of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act that provides that at hearings the speech-language pathologist or audiologist has the right to show

compliance with all lawful requirements for retention, continuation or renewal of the license is specifically

excluded. For the purposes of this Act, the notice required under Section 10-25 of the Illinois Administrative Procedure Act is deemed sufficient when mailed or emailed to the applicant or licensee at

his or her last known address of record or email address of record a party.

(Source: P.A. 88-45.) (225 ILCS 110/34.1 new)

Sec. 34.1. Confidentiality. All information collected by the Department in the course of an examination or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee

filed with the Department and information collected to investigate any such complaint, shall be maintained

for the confidential use of the Department and shall not be disclosed. The Department may not disclose the information to anyone other than law enforcement officials, other regulatory agencies that have an

appropriate regulatory interest as determined by the Secretary, or a party presenting a lawful subpoena to

the Department. Information and documents disclosed to a federal, State, county, or local law enforcement

agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal

complaint filed against a licensee by the Department or any order issued by the Department against a

licensee or applicant shall be a public record, except as otherwise prohibited by law. (225 ILCS 110/10 rep.)

Section 15. The Illinois Speech-Language Pathology and Audiology Practice Act is amended by

repealing Section 10.

Section 99. Effective date. This Act takes effect upon becoming law, except that Sections 10 and 15

take effect on January 1, 2018.".


And the amendment was adopted and ordered printed. There being no further amendments, the foregoing Amendment No. 2 was ordered engrossed, and



On motion of Senator Martinez, Senate Bill No. 771 having been transcribed and typed and all



YEAS 56; NAYS None.


Althoff Cunningham McCann Rose

Anderson Fowler McCarter Sandoval

Aquino Harmon McConchie Schimpf Barickman Harris McConnaughay Silverstein

Bennett Hastings McGuire Stadelman

Bertino-Tarrant Holmes Mulroe Steans Biss Hunter Muñoz Syverson

Bivins Hutchinson Murphy Tracy

Brady Jones, E. Nybo Trotter Bush Koehler Oberweis Van Pelt

Castro Landek Radogno Weaver

Clayborne Lightford Raoul Collins Link Rezin

Connelly Manar Righter

28

[May 3, 2017]

Cullerton, T. Martinez Rooney



therein.

On motion of Senator Harris, Senate Bill No. 822 having been transcribed and typed and all


vote:

YEAS 56; NAYS None.



Aquino Harmon McConchie Sandoval




Bivins Hutchinson Muñoz Syverson Brady Jones, E. Murphy Tracy

Bush Koehler Nybo Trotter

Castro Landek Oberweis Van Pelt Clayborne Lightford Radogno Weaver

Collins Link Raoul


Cunningham McCann Rooney




On motion of Senator Raoul, Senate Bill No. 840 having been transcribed and typed and all



YEAS 56; NAYS None.



Anderson Fowler McConchie Sandoval

Aquino Harmon McConnaughay Schimpf Barickman Harris McGuire Silverstein

Bennett Hastings Morrison Stadelman

Bertino-Tarrant Holmes Mulroe Steans Biss Hunter Muñoz Syverson

Bivins Hutchinson Murphy Tracy

Brady Jones, E. Nybo Trotter Bush Koehler Oberweis Van Pelt

Castro Landek Radogno Weaver

29

[May 3, 2017]


Connelly Manar Righter




therein.

On motion of Senator Hutchinson, Senate Bill No. 849 having been transcribed and typed and all amendments adopted thereto having been printed, was taken up and read by title a third time.


vote:

YEAS 54; NAYS None.


Anderson Cunningham Martinez Rooney Aquino Fowler McCann Rose

Barickman Harmon McCarter Sandoval

Bennett Harris McConchie Schimpf Bertino-Tarrant Hastings McConnaughay Silverstein

Biss Holmes McGuire Stadelman

Bivins Hunter Morrison Steans Brady Hutchinson Muñoz Syverson

Bush Jones, E. Murphy Tracy

Castro Koehler Nybo Trotter Clayborne Landek Radogno Van Pelt

Collins Lightford Raoul Weaver

Connelly Link Rezin Cullerton, T. Manar Righter



therein.

On motion of Senator Hutchinson, Senate Bill No. 851 having been transcribed and typed and all amendments adopted thereto having been printed, was taken up and read by title a third time.


vote:

YEAS 56; NAYS None.


Althoff Cunningham McCann Rose Anderson Fowler McCarter Sandoval

Aquino Harmon McConchie Schimpf

Barickman Harris McConnaughay Silverstein Bennett Hastings McGuire Stadelman

Bertino-Tarrant Holmes Morrison Steans

Biss Hunter Mulroe Syverson Bivins Hutchinson Muñoz Tracy

Brady Jones, E. Nybo Trotter

30

[May 3, 2017]

Bush Koehler Oberweis Van Pelt Castro Landek Radogno Weaver

Clayborne Lightford Raoul

Collins Link Rezin Connelly Manar Righter





On motion of Senator Manar, Senate Bill No. 864 having been transcribed and typed and all


vote:

YEAS 55; NAYS None.







Brady Hutchinson Muñoz Steans Bush Jones, E. Murphy Syverson

Castro Koehler Nybo Tracy

Clayborne Lightford Oberweis Trotter Collins Link Radogno Van Pelt

Connelly Manar Raoul Weaver

Cullerton, T. Martinez Rezin



therein.

On motion of Senator T. Cullerton, Senate Bill No. 867 having been transcribed and typed and all


vote:

YEAS 56; NAYS None.







31

[May 3, 2017]





Cullerton, T. Martinez Righter Cunningham McCann Rooney



On motion of Senator Hutchinson, Senate Bill No. 889 having been transcribed and typed and all



vote:

YEAS 53; NAYS None.


Althoff Fowler McCann Rose

Anderson Harmon McConnaughay Sandoval

Aquino Harris McGuire Schimpf Barickman Hastings Morrison Silverstein

Bennett Holmes Mulroe Stadelman

Bertino-Tarrant Hunter Muñoz Steans Biss Hutchinson Murphy Syverson

Brady Jones, E. Nybo Tracy

Bush Koehler Oberweis Trotter Castro Landek Radogno Van Pelt

Clayborne Lightford Raoul Weaver

Collins Link Rezin Cullerton, T. Manar Righter

Cunningham Martinez Rooney





On motion of Senator Koehler, Senate Bill No. 885 was recalled from the order of third reading to the order of second reading.

Senator Koehler offered the following amendment and moved its adoption:


AMENDMENT NO. 1 . Amend Senate Bill 885 by replacing everything after the enacting clause

with the following:

"Section 1. Short title. This Act may be cited as the Installment Sales Contract Act.

Section 5. Definitions. As used in this Act, unless the context otherwise requires:

32

[May 3, 2017]

"Amortization schedule" means a written schedule which sets forth the date of each periodic payment, the amount of each periodic payment that will be applied to the principal balance and the resulting principal

balance, and the amount of each periodic payment that will be applied to any interest charged, if applicable,

pursuant to the contract. "Balloon payment" means a payment, other than the initial down payment, in which more than the

ordinary periodic payment is charged during the contract.

"Business day" means any calendar day except Saturday, Sunday, or a State or federal holiday. "Buyer" means the person who is seeking to obtain title to a property by an installment sales contract or

is obligated to make payments to the seller pursuant to the contract.

"Date of sale" means the date that both the seller and buyer have signed the written contract. "Dwelling structure" means any private home or residence or any building or structure intended for

residential use with not less than one nor more than 4 residential dwelling units. "Installment sales contract" or "contract" means any contract or agreement, including a contract for

deed, bond for deed, or any other sale or legal device whereby a seller agrees to sell and the buyer agrees

to buy a dwelling structure, in which the consideration for the sale is payable in installments for a period of at least one year after the date of sale, and the seller continues to have an interest or security for the

purchase price or otherwise in the property.

"Seller" means the owner of a legal or beneficial interest in a dwelling structure, or the owner's agent,

who utilizes an installment sales contract to sell the dwelling structure.

Section 10. Terms and conditions of installment sales contracts. (a) The seller of residential real estate by installment sales contract shall provide the buyer with a written

contract that complies with the requirements set forth in this Section.

(b) Until both parties have a copy of the executed contract signed by the buyer and the seller with the signatures notarized, either party has the right to rescind the contract, in addition to all other remedies

provided by this Act. Upon rescission, pursuant to this Section, the seller shall refund to the buyer all

money paid to the seller as of the date of rescission. (c) An installment sales contract for the sale of a dwelling structure and any residential real estate subject

to the contract shall clearly and conspicuously disclose the following:

(1) The address, permanent index number, and legal description of the residential real estate subject to the contract.

(2) The price of the dwelling structure and any residential real estate subject to the

contract.

(3) The amount, if any, of any down payment applied to the price of the dwelling

structure and any residential real estate subject to the contract and the resulting principal on the loan.

(4) The amount of the periodic payment, any grace periods for late payments, late payment fees, and to whom, where, and how the buyer should deliver each payment.

(5) The interest rate being charged, if any, expressed only as an annual percentage rate.

(6) The term of the loan expressed in years and months and the total number of periodic payments due.

(7) The amount, if any, of any balloon payments and when each balloon payment is due.

(8) A statement outlining whether the seller or the buyer is responsible for paying real

estate taxes and insurance and how responsibilities of the buyer and seller change based on the time

period the dwelling or any residential real estate subject to the contract is occupied by the buyer and

what percentage of the principal is paid down. In all circumstances not defined in the disclosure required by this subsection, the seller has the responsibility for paying real estate taxes and insurance.

(9) The amount that will be charged periodically, if any, for the first year to pay real

estate taxes.

(10) The amount that will be charged periodically, if any, for the first year to pay

insurance.

(11) A statement that the amounts listed in items (9) and (10) of this subsection are subject to change each year.

(12) The fair cash value as defined in the Property Tax Code and set forth on the real

estate tax bill for the year immediately prior to the sale, and the assessed value of the property as set forth on the real estate tax bill for the year immediately prior to the sale.

(13) The amount of real estate taxes for the year immediately prior to the sale.

(14) Any unpaid amounts owing on prior real estate taxes. (15) The amount of the annual insurance payment for the year immediately prior to the

sale.

33

[May 3, 2017]

(16) The type of insurance coverage, including, but not limited to, property insurance and title insurance, for the buyer and seller that will be required or provided.

(17) The seller's interest in the structure being sold.

(18) Any known liens or mortgages or other title limitations existing on the property. (19) An explanation as to when the buyer will obtain the title.

(20) A statement defining what repairs the buyer is financially responsible for making

to the dwelling structure and any residential real estate subject to the contract, if any, and how responsibilities of the buyer and seller to repair the property change based on the time period the

residential real estate subject to the contract is occupied by the buyer and what percentage of the

principal is paid down by any repairs made by the buyer. In all circumstances not defined in the disclosure required by this subsection, the seller has the financial responsibility for all repairs required

to be made pursuant to the installment sales contract.

(21) A statement defining what, if any, alterations of the property must be approved by

both the buyer and the seller prior to the alterations being made, including requirements to provide

evidence of proper permits, insurance, and lien waiver agreements.

(22) Any additional charges or fees due at the time of the date of sale or at a later

date.

(23) An amortization schedule, as defined in Section 5.

(24) A certificate of compliance with applicable dwelling codes, or in the absence of

such a certificate: (i) an express written warranty that no notice from any municipality or other

governmental authority of a dwelling code violation that existed with respect to the residential real estate or dwelling structure subject to the contract before the installment sales contract was executed had been

received by the seller, his or her principal, or his or her agent within 10 years of the date of execution

of the installment sales contract; or (ii) if any notice of a violation had been received, a list of all such notices with a detailed statement of all violations referred to in the notice.

(25) A statement, in large bold font stating in substantially similar form: "NOTE TO

BUYER: BEFORE SIGNING THE CONTRACT THE BUYER HAS THE OPTION OF OBTAINING AN INDEPENDENT THIRD PARTY INSPECTION AND/OR APPRAISAL SO THAT THE BUYER

CAN DETERMINE THE CONDITION AND ESTIMATED MARKET VALUE OF THE

RESIDENTIAL REAL ESTATE AND DECIDE WHETHER TO SIGN THE CONTRACT."

(26) If the residential real estate or any dwelling structure thereon that is subject to

the contract has been condemned by the unit of government having jurisdiction, the contract shall

include a statement, in large bold font stating in substantially similar form: "NOTE TO BUYER: THE RESIDENTIAL REAL ESTATE BEING SOLD THROUGH THIS CONTRACT HAS BEEN

CONDEMNED BY THE UNIT OF GOVERNMENT HAVING JURISDICTION."

(27) A statement that the seller provided the buyer the installment sales contract

disclosure prepared by the Office of the Attorney General as required under Illinois State law. The

statement shall include the date on which the buyer was provided with the disclosure, which must be at

least 3 full business days before the contract was executed.

(28) A statement that: (i) if the buyer defaults in payment, any action brought against

the buyer under the contract shall be initiated only after the expiration of 30 days from the date of the

default; and (ii) a buyer in default may, prior to the expiration of the 30-day period, make all payments, fees and charges currently due under the contract to cure the default.

(d) The requirements of this Section cannot be waived by the buyer or seller.

Section 15. Applicability of other Acts. An installment sales contract under this Act is subject to the

Lead Poisoning Prevention Act, the Residential Real Property Disclosure Act, the Illinois Radon

Awareness Act, and the High Risk Home Loan Act. The remedies available to the buyer pursuant to this Act are cumulative and do not preclude any remedies otherwise available to a buyer at law or in equity.

Section 20. Recording of contract required. (a) Within 5 business days of the date of sale of any residential real estate or dwelling structure subject

to an installment sales contract, and prior to any subsequent sale or other transfer of any interest in the

residential real estate, dwelling structure, or contract by the seller, the seller shall record the contract or a memorandum of the contract with the county recorder of deeds. A memorandum of the contract shall be

titled "Memorandum of an Installment Sales Contract" either in capital letters or underscored above the

body of the memorandum. At a minimum, the memorandum of the contract shall include: the address, permanent index number, and legal description of the residential real estate subject to the contract; the

34

[May 3, 2017]

names of the buyer and seller; and the date the contract was executed. The memorandum of the contract shall be signed by the buyer and the seller with the signatures notarized.

(b) If the seller fails to record the contract or the memorandum of the contract as required by subsection

(a) of this Section, the buyer has the right to rescind the contract until such time as the seller records the contract. If the seller fails to record the contract or the memorandum of the contract and title to the property

becomes clouded for any reason, including, but not limited to, that another person buys the property, a

judgment lien is placed on the property, or a consensual mortgage or some other third party interest affecting the title arises, the buyer has the option to rescind, not just before the seller records, but at any

time within 90 days of discovering the title problem.

(c) Upon rescission under this Section, the seller shall refund to the buyer all money paid to the seller as of the date of rescission. This Section does not limit any other remedies provided to the buyer by this

Act or State law.

Section 25. Repairs.

(a) In all cases not included in the statement required by item (20) of subsection (c) of Section 10, the seller has the responsibility to make and pay for repairs.

(b) If the seller deems certain repairs necessary to protect the seller's interest in the property, the seller

may, at the seller's own cost, proceed to make the repairs in compliance with this Section. Before the

performance of nonemergency repairs on a dwelling unit inhabited by a buyer, the seller shall provide the

buyer with at least 72 hours' written notice of the seller's intent to make the proposed repairs. Nothing in

this Section limits the seller's right to negotiate or secure recovery of the seller's actual cost to make repairs caused due to negligence or malicious damage on the part of the buyer.

(c) Except for limitations included in the statement required by item (20) of subsection (c) of Section

10, nothing in this Section limits the buyer's right to obtain the services of a building contractor to make repairs that are chargeable to the buyer under this Act.

(d) No seller may require, by contract or otherwise, that only the seller or an agent of the seller may

make repairs. The buyer has the right to contract with other building contractors to make repairs for which the buyer is financially responsible.

Section 30. Account statements. (a) The seller shall provide the buyer with an account statement, including amounts applied to principal,

interest, tax, insurance, fees, and other charges, upon the buyer's request.

(b) A seller is not required to provide a buyer with account statements without charge more than once in any 12-month period.

(c) If the buyer's request for an account statement is made in response to a change in the terms of an

installment sales contract, then the seller must provide the account statement without charge. (d) For other buyer requests for account statements, the seller may not charge the buyer more than the

reasonable costs of copying and producing the account statement.

Section 35. Insurance proceeds. A buyer or seller who receives payment of insurance proceeds as a

result of damage to a dwelling structure shall apply the proceeds to the repair of the damage. However,

the buyer and seller may make a fair and reasonable distribution of the insurance proceeds between each of them by a signed written agreement. The written agreement shall not be made until at least 7 days after

any award of insurance on a claim has been settled and written notice of the settlement and award has been

made by the insurer to both the buyer and seller.

Section 40. Right to cure default. If the buyer defaults in payment, any action brought against the buyer

under the contract shall be initiated only after the expiration of 30 days from the date of the default. A buyer in default may, prior to the expiration of the 30-day period, make all payments, fees, and charges

currently due under the contract to cure the default.

Section 45. Unlawful acts. It is a violation of this Act for either party to make an oral or written

misrepresentation to the other party concerning a contract or regarding the rights or duties of either party

under this Act or to induce either party to sign incomplete forms, contracts, notices, or written statements relating to the sale of a dwelling structure.

Section 50. No waiver. The buyer or the seller may not waive any provisions of this Act by written contract or otherwise. Any contractual provisions or other agreements contrary to this Act are void and

unenforceable.

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Section 55. Circumstances voiding mandatory arbitration provisions. A mandatory arbitration provision

of an installment sales contract that is oppressive, unfair, unconscionable, or substantially in derogation of

the rights of either party is void.

Section 60. Prepayment penalties prohibited. The seller may not charge or collect a prepayment penalty

or any similar fee or finance charge if the buyer elects to pay the outstanding principal balance of the purchase price under the contract before the scheduled payment date under the contract.

Section 65. Prohibited contract terms. Any contract term that would put the buyer in default of the contract for failure to make improvements and repairs to residential real estate for conditions that existed

prior to the date of sale is prohibited and unenforceable.

Section 70. Cooling-off period.

(a) The buyer or the seller shall not be bound for 3 full business days after an unexecuted installment sales contract has been accepted by the buyer and the seller in the contract's full and final form.

(b) No later than the time the unexecuted installment sales contract has been accepted by the buyer and

the seller in the contract's full and final form, the seller shall provide to the buyer the document described

in Section 75 of this Act.

(c) An executed installment sales contract shall include a statement acknowledging that the seller

provided the buyer with the installment sales contract disclosure prepared by the Office of the Attorney General, as required under Section 75 of this Act.

(d) An executed installment sales contract shall include the date the seller provided the buyer with the

installment sales contract disclosure prepared by the Office of the Attorney General. (e) The requirements of this Section cannot be waived by the buyer or the seller.

Section 75. Installment sales contract disclosures. (a) The Office of the Attorney General shall develop the content and format of an educational document

providing independent consumer information regarding installment sales contracts and the availability of

independent housing counseling services, including services provided by nonprofit agencies certified by the federal government to provide housing counseling. The document shall be updated and revised as often

as deemed necessary by the Office of the Attorney General.

(b) The document described in subsection (a) of this Section shall include the following statement: "IMPORTANT NOTICE REGARDING THE COOLING-OFF PERIOD: Illinois State law requires a 3-

day cooling-off period for installment sales contracts, during which time a potential buyer cannot be

required to close or proceed with the contract. The purpose of this requirement is to provide a potential buyer with 3 business days to consider his or her decision whether to sign an installment sales contract.

Potential buyers may want to seek additional information from a HUD-approved housing counselor during

this 3-day period. The 3-day cooling-off period cannot be waived."

Section 80. Credits towards deficiency in the case of default. If the buyer defaults, the seller shall credit

toward the buyer deficiency any amount the buyer spent to repair defects in the property that existed before the sale.

Section 85. Enforcement. (a) Any violation of this Act shall constitute an unlawful practice under the Consumer Fraud and

Deceptive Business Practices Act.

(b) Any violation of this Act by a licensee under the Residential Mortgage License Act of 1987 shall also be considered a violation of the Residential Mortgage License Act of 1987.

Section 90. Applicability of Act. This Act applies to installment sales contracts executed on or after the effective date of this Act.

Section 905. The Code of Civil Procedure is amended by changing Section 15-1106 as follows: (735 ILCS 5/15-1106) (from Ch. 110, par. 15-1106)

Sec. 15-1106. Applicability of Article.

(a) Exclusive Procedure. From and after July 1, 1987 (the effective date of Public Act 84-1462) this amendatory Act of 1986, the following shall be foreclosed in a foreclosure pursuant to this Article:

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(1) any mortgage created prior to, on or after July 1, 1987 (the effective date of Public Act 84-1462) this amendatory Act of 1986;

(2) any real estate installment contract for residential real estate entered into on or

after July 1, 1987 (the effective date of Public Act 84-1462) this amendatory Act of 1986 and under which the sum of all payments made by the buyer is greater than or equal to 10% of the original purchase

price (i) the purchase price is to be paid in installments over a period in excess of five years and (ii) the

amount unpaid under the terms of the contract at the time of the filing of the foreclosure complaint, including principal and due and unpaid interest, at the rate prior to default, is less than 80% of the

original purchase price of the real estate as stated in the contract;

(3) any collateral assignment of beneficial interest made on or after July 1, 1987 (the effective date

of Public Act 84-1462) this amendatory Act of 1986 (i) which is made with respect to a land trust which

was created contemporaneously with the collateral assignment of beneficial interest, (ii) which is made pursuant to a requirement of the holder of the obligation to secure the payment of money or performance

of other obligations and (iii) as to which the security agreement or other writing creating the collateral

assignment permits the real estate which is the subject of the land trust to be sold to satisfy the obligations.

(b) Uniform Commercial Code. A secured party, as defined in Article 9 of the Uniform Commercial

Code, may at its election enforce its security interest in a foreclosure under this Article if its security

interest was created on or after July 1, 1987 (the effective date of Public Act 84-1462) this amendatory

Act of 1986 and is created by (i) a collateral assignment of beneficial interest in a land trust or (ii) an

assignment for security of a buyer's interest in a real estate installment contract. Such election shall be made by filing a complaint stating that it is brought under this Article, in which event the provisions of

this Article shall be exclusive in such foreclosure.

(c) Real Estate Installment Contracts. A contract seller may at its election enforce in a foreclosure under this Article any real estate installment contract entered into on or after July 1, 1987 (the effective date of

Public Act 84-1462) this Amendatory Act of 1986 and not required to be foreclosed under this Article.

Such election shall be made by filing a complaint stating that it is brought under this Article, in which event the provisions of this Article shall be exclusive in such foreclosure. A contract seller must enforce

its contract under this Article if the real estate installment contract is one described in paragraph (2) of

subsection (a) of this Section 15-1106. (d) Effect of Election. An election made pursuant to subsection (b) or (c) of this Section 15-1106 shall

be binding only in the foreclosure and shall be void if the foreclosure is terminated prior to entry of

judgment. (e) Supplementary General Principles of Law. General principles of law and equity, such as those

relating to capacity to contract, principal and agent, marshalling of assets, priority, subrogation, estoppel,

fraud, misrepresentations, duress, collusion, mistake, bankruptcy or other validating or invalidating cause, supplement this Article unless displaced by a particular provision of it. Section 9-110 of this the Code of

Civil Procedure shall not be applicable to any real estate installment contract which is foreclosed under

this Article. (f) Pending Actions. A complaint to foreclose a mortgage filed before July 1, 1987, and all proceedings

and third party actions in connection therewith, shall be adjudicated pursuant to the Illinois statutes and

applicable law in effect immediately prior to July 1, 1987. Such statutes shall remain in effect with respect to such complaint, proceedings and third party actions notwithstanding the amendment or repeal of such

statutes on or after July 1, 1987.

(g) The changes made to this Section by this amendatory Act of the 100th General Assembly apply to real estate installment contracts for residential real estate executed on or after the effective date of this

amendatory Act of the 100th General Assembly.

(Source: P.A. 85-907.)

Section 910. The Condominium Property Act is amended by changing Sections 18 and 18.5 as follows:

(765 ILCS 605/18) (from Ch. 30, par. 318) Sec. 18. Contents of bylaws. The bylaws shall provide for at least the following:

(a)(1) The election from among the unit owners of a board of managers, the number of

persons constituting such board, and that the terms of at least one-third of the members of the board shall expire annually and that all members of the board shall be elected at large; if there are multiple

owners of a single unit, only one of the multiple owners shall be eligible to serve as a member of the

board at any one time;

(2) the powers and duties of the board;

(3) the compensation, if any, of the members of the board;

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(4) the method of removal from office of members of the board; (5) that the board may engage the services of a manager or managing agent;

(6) that each unit owner shall receive, at least 25 days prior to the adoption thereof

by the board of managers, a copy of the proposed annual budget together with an indication of which portions are intended for reserves, capital expenditures or repairs or payment of real estate taxes;

(7) that the board of managers shall annually supply to all unit owners an itemized

accounting of the common expenses for the preceding year actually incurred or paid, together with an indication of which portions were for reserves, capital expenditures or repairs or payment of real estate

taxes and with a tabulation of the amounts collected pursuant to the budget or assessment, and showing

the net excess or deficit of income over expenditures plus reserves;

(8)(i) that each unit owner shall receive notice, in the same manner as is provided in

this Act for membership meetings, of any meeting of the board of managers concerning the adoption of the proposed annual budget and regular assessments pursuant thereto or to adopt a separate (special)

assessment, (ii) that except as provided in subsection (iv) below, if an adopted budget or any separate

assessment adopted by the board would result in the sum of all regular and separate assessments payable in the current fiscal year exceeding 115% of the sum of all regular and separate assessments payable

during the preceding fiscal year, the board of managers, upon written petition by unit owners with 20

percent of the votes of the association delivered to the board within 14 days of the board action, shall

call a meeting of the unit owners within 30 days of the date of delivery of the petition to consider the

budget or separate assessment; unless a majority of the total votes of the unit owners are cast at the

meeting to reject the budget or separate assessment, it is ratified, (iii) that any common expense not set forth in the budget or any increase in assessments over the amount adopted in the budget shall be

separately assessed against all unit owners, (iv) that separate assessments for expenditures relating to

emergencies or mandated by law may be adopted by the board of managers without being subject to unit owner approval or the provisions of item (ii) above or item (v) below. As used herein, "emergency"

means an immediate danger to the structural integrity of the common elements or to the life, health,

safety or property of the unit owners, (v) that assessments for additions and alterations to the common elements or to association-owned property not included in the adopted annual budget, shall be separately

assessed and are subject to approval of two-thirds of the total votes of all unit owners, (vi) that the board

of managers may adopt separate assessments payable over more than one fiscal year. With respect to multi-year assessments not governed by items (iv) and (v), the entire amount of the multi-year

assessment shall be deemed considered and authorized in the first fiscal year in which the assessment is

approved;

(9)(A) that every meeting of the board of managers shall be open to any unit owner,

except that the board may close any portion of a noticed meeting or meet separately from a noticed

meeting to: (i) discuss litigation when an action against or on behalf of the particular association has been filed and is pending in a court or administrative tribunal, or when the board of managers finds that

such an action is probable or imminent, (ii) discuss the appointment, employment, engagement, or

dismissal of an employee, independent contractor, agent, or other provider of goods and services, (iii) interview a potential employee, independent contractor, agent, or other provider of goods and services,

(iv) discuss violations of rules and regulations of the association, (v) discuss a unit owner's unpaid share

of common expenses, or (vi) consult with the association's legal counsel; that any vote on these matters shall take place at a meeting of the board of managers or portion thereof open to any unit owner;

(B) that board members may participate in and act at any meeting of the board of

managers in person, by telephonic means, or by use of any acceptable technological means whereby all persons participating in the meeting can communicate with each other; that participation constitutes

attendance and presence in person at the meeting;

(C) that any unit owner may record the proceedings at meetings of the board of managers

or portions thereof required to be open by this Act by tape, film or other means, and that the board may

prescribe reasonable rules and regulations to govern the right to make such recordings;

(D) that notice of every meeting of the board of managers shall be given to every board

member at least 48 hours prior thereto, unless the board member waives notice of the meeting pursuant

to subsection (a) of Section 18.8; and

(E) that notice of every meeting of the board of managers shall be posted in

entranceways, elevators, or other conspicuous places in the condominium at least 48 hours prior to the

meeting of the board of managers except where there is no common entranceway for 7 or more units,

the board of managers may designate one or more locations in the proximity of these units where the notices of meetings shall be posted; that notice of every meeting of the board of managers shall also be

given at least 48 hours prior to the meeting, or such longer notice as this Act may separately require, to:

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(i) each unit owner who has provided the association with written authorization to conduct business by acceptable technological means, and (ii) to the extent that the condominium instruments of an

association require, to each other unit owner, as required by subsection (f) of Section 18.8, by mail or

delivery, and that no other notice of a meeting of the board of managers need be given to any unit owner;

(10) that the board shall meet at least 4 times annually;

(11) that no member of the board or officer shall be elected for a term of more than 2

years, but that officers and board members may succeed themselves;

(12) the designation of an officer to mail and receive all notices and execute

amendments to condominium instruments as provided for in this Act and in the condominium

instruments;

(13) the method of filling vacancies on the board which shall include authority for the

remaining members of the board to fill the vacancy by two-thirds vote until the next annual meeting of unit owners or for a period terminating no later than 30 days following the filing of a petition signed by

unit owners holding 20% of the votes of the association requesting a meeting of the unit owners to fill

the vacancy for the balance of the term, and that a meeting of the unit owners shall be called for purposes of filling a vacancy on the board no later than 30 days following the filing of a petition signed by unit

owners holding 20% of the votes of the association requesting such a meeting, and the method of filling

vacancies among the officers that shall include the authority for the members of the board to fill the

vacancy for the unexpired portion of the term;

(14) what percentage of the board of managers, if other than a majority, shall

constitute a quorum;

(15) provisions concerning notice of board meetings to members of the board;

(16) the board of managers may not enter into a contract with a current board member or

with a corporation or partnership in which a board member or a member of the board member's immediate family has 25% or more interest, unless notice of intent to enter the contract is given to unit

owners within 20 days after a decision is made to enter into the contract and the unit owners are afforded

an opportunity by filing a petition, signed by 20% of the unit owners, for an election to approve or disapprove the contract; such petition shall be filed within 20 days after such notice and such election

shall be held within 30 days after filing the petition; for purposes of this subsection, a board member's

immediate family means the board member's spouse, parents, and children;

(17) that the board of managers may disseminate to unit owners biographical and

background information about candidates for election to the board if (i) reasonable efforts to identify

all candidates are made and all candidates are given an opportunity to include biographical and background information in the information to be disseminated; and (ii) the board does not express a

preference in favor of any candidate;

(18) any proxy distributed for board elections by the board of managers gives unit

owners the opportunity to designate any person as the proxy holder, and gives the unit owner the

opportunity to express a preference for any of the known candidates for the board or to write in a name;

(19) that special meetings of the board of managers can be called by the president or 25% of the members of the board;

(20) that the board of managers may establish and maintain a system of master metering

of public utility services and collect payments in connection therewith, subject to the requirements of the Tenant Utility Payment Disclosure Act; and

(21) that the board may ratify and confirm actions of the members of the board taken in

response to an emergency, as that term is defined in subdivision (a)(8)(iv) of this Section; that the board shall give notice to the unit owners of: (i) the occurrence of the emergency event within 7 business days

after the emergency event, and (ii) the general description of the actions taken to address the event

within 7 days after the emergency event.

The intent of the provisions of Public Act 99-472 adding this paragraph (21) is to

empower and support boards to act in emergencies.

(b)(1) What percentage of the unit owners, if other than 20%, shall constitute a quorum

provided that, for condominiums with 20 or more units, the percentage of unit owners constituting a

quorum shall be 20% unless the unit owners holding a majority of the percentage interest in the

association provide for a higher percentage, provided that in voting on amendments to the association's bylaws, a unit owner who is in arrears on the unit owner's regular or separate assessments for 60 days

or more, shall not be counted for purposes of determining if a quorum is present, but that unit owner

retains the right to vote on amendments to the association's bylaws;

(2) that the association shall have one class of membership;

(3) that the members shall hold an annual meeting, one of the purposes of which shall be

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to elect members of the board of managers;

(4) the method of calling meetings of the unit owners;

(5) that special meetings of the members can be called by the president, board of

managers, or by 20% of unit owners;

(6) that written notice of any membership meeting shall be mailed or delivered giving

members no less than 10 and no more than 30 days notice of the time, place and purpose of such meeting

except that notice may be sent, to the extent the condominium instruments or rules adopted thereunder expressly so provide, by electronic transmission consented to by the unit owner to whom the notice is

given, provided the director and officer or his agent certifies in writing to the delivery by electronic

transmission;

(7) that voting shall be on a percentage basis, and that the percentage vote to which

each unit is entitled is the percentage interest of the undivided ownership of the common elements appurtenant thereto, provided that the bylaws may provide for approval by unit owners in connection

with matters where the requisite approval on a percentage basis is not specified in this Act, on the basis

of one vote per unit;

(8) that, where there is more than one owner of a unit, if only one of the multiple

owners is present at a meeting of the association, he is entitled to cast all the votes allocated to that unit,

if more than one of the multiple owners are present, the votes allocated to that unit may be cast only in

accordance with the agreement of a majority in interest of the multiple owners, unless the declaration

expressly provides otherwise, that there is majority agreement if any one of the multiple owners cast the

votes allocated to that unit without protest being made promptly to the person presiding over the meeting by any of the other owners of the unit;

(9)(A) except as provided in subparagraph (B) of this paragraph (9) in connection with

board elections, that a unit owner may vote by proxy executed in writing by the unit owner or by his duly authorized attorney in fact; that the proxy must bear the date of execution and, unless the

condominium instruments or the written proxy itself provide otherwise, is invalid after 11 months from

the date of its execution; to the extent the condominium instruments or rules adopted thereunder expressly so provide, a vote or proxy may be submitted by electronic transmission, provided that any

such electronic transmission shall either set forth or be submitted with information from which it can

be determined that the electronic transmission was authorized by the unit owner or the unit owner's proxy;

(B) that if a rule adopted at least 120 days before a board election or the declaration

or bylaws provide for balloting as set forth in this subsection, unit owners may not vote by proxy in board elections, but may vote only (i) by submitting an association-issued ballot in person at the election

meeting or (ii) by submitting an association-issued ballot to the association or its designated agent by

mail or other means of delivery specified in the declaration, bylaws, or rule; that the ballots shall be mailed or otherwise distributed to unit owners not less than 10 and not more than 30 days before the

election meeting, and the board shall give unit owners not less than 21 days' prior written notice of the

deadline for inclusion of a candidate's name on the ballots; that the deadline shall be no more than 7 days before the ballots are mailed or otherwise distributed to unit owners; that every such ballot must

include the names of all candidates who have given the board or its authorized agent timely written

notice of their candidacy and must give the person casting the ballot the opportunity to cast votes for candidates whose names do not appear on the ballot; that a ballot received by the association or its

designated agent after the close of voting shall not be counted; that a unit owner who submits a ballot

by mail or other means of delivery specified in the declaration, bylaws, or rule may request and cast a ballot in person at the election meeting, and thereby void any ballot previously submitted by that unit

owner;

(B-5) that if a rule adopted at least 120 days before a board election or the

declaration or bylaws provide for balloting as set forth in this subparagraph, unit owners may not vote

by proxy in board elections, but may vote only (i) by submitting an association-issued ballot in person

at the election meeting; or (ii) by any acceptable technological means as defined in Section 2 of this Act; instructions regarding the use of electronic means for voting shall be distributed to all unit owners

not less than 10 and not more than 30 days before the election meeting, and the board shall give unit

owners not less than 21 days' prior written notice of the deadline for inclusion of a candidate's name on the ballots; the deadline shall be no more than 7 days before the instructions for voting using electronic

or acceptable technological means is distributed to unit owners; every instruction notice must include

the names of all candidates who have given the board or its authorized agent timely written notice of their candidacy and must give the person voting through electronic or acceptable technological means

the opportunity to cast votes for candidates whose names do not appear on the ballot; a unit owner who

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submits a vote using electronic or acceptable technological means may request and cast a ballot in person at the election meeting, thereby voiding any vote previously submitted by that unit owner;

(C) that if a written petition by unit owners with at least 20% of the votes of the

association is delivered to the board within 14 days after the board's approval of a rule adopted pursuant to subparagraph (B) or subparagraph (B-5) of this paragraph (9), the board shall call a meeting of the

unit owners within 30 days after the date of delivery of the petition; that unless a majority of the total

votes of the unit owners are cast at the meeting to reject the rule, the rule is ratified;

(D) that votes cast by ballot under subparagraph (B) or electronic or acceptable

technological means under subparagraph (B-5) of this paragraph (9) are valid for the purpose of

establishing a quorum;

(10) that the association may, upon adoption of the appropriate rules by the board of

managers, conduct elections by secret ballot whereby the voting ballot is marked only with the percentage interest for the unit and the vote itself, provided that the board further adopt rules to verify

the status of the unit owner issuing a proxy or casting a ballot; and further, that a candidate for election

to the board of managers or such candidate's representative shall have the right to be present at the counting of ballots at such election;

(11) that in the event of a resale of a condominium unit the purchaser of a unit from a

seller other than the developer pursuant to an installment sales contract for purchase shall during such

times as he or she resides in the unit be counted toward a quorum for purposes of election of members

of the board of managers at any meeting of the unit owners called for purposes of electing members of

the board, shall have the right to vote for the election of members of the board of managers and to be elected to and serve on the board of managers unless the seller expressly retains in writing any or all of

such rights. In no event may the seller and purchaser both be counted toward a quorum, be permitted to

vote for a particular office or be elected and serve on the board. Satisfactory evidence of the installment sales contract shall be made available to the association or its agents. For purposes of this subsection,

"installment sales contract" shall have the same meaning as set forth in Section 5 of the Installment

Sales Contract Act Section 1(e) of the Dwelling Unit Installment Contract Act;

(12) the method by which matters subject to the approval of unit owners set forth in

this Act, or in the condominium instruments, will be submitted to the unit owners at special membership

meetings called for such purposes; and

(13) that matters subject to the affirmative vote of not less than 2/3 of the votes of

unit owners at a meeting duly called for that purpose, shall include, but not be limited to:

(i) merger or consolidation of the association; (ii) sale, lease, exchange, or other disposition (excluding the mortgage or pledge) of

all, or substantially all of the property and assets of the association; and

(iii) the purchase or sale of land or of units on behalf of all unit owners. (c) Election of a president from among the board of managers, who shall preside over the

meetings of the board of managers and of the unit owners.

(d) Election of a secretary from among the board of managers, who shall keep the minutes

of all meetings of the board of managers and of the unit owners and who shall, in general, perform all

the duties incident to the office of secretary.

(e) Election of a treasurer from among the board of managers, who shall keep the financial records and books of account.

(f) Maintenance, repair and replacement of the common elements and payments therefor,

including the method of approving payment vouchers.

(g) An association with 30 or more units shall obtain and maintain fidelity insurance

covering persons who control or disburse funds of the association for the maximum amount of coverage

available to protect funds in the custody or control of the association plus the association reserve fund. All management companies which are responsible for the funds held or administered by the association

shall maintain and furnish to the association a fidelity bond for the maximum amount of coverage

available to protect funds in the custody of the management company at any time. The association shall bear the cost of the fidelity insurance and fidelity bond, unless otherwise provided by contract between

the association and a management company. The association shall be the direct obligee of any such

fidelity bond. A management company holding reserve funds of an association shall at all times maintain a separate account for each association, provided, however, that for investment purposes, the Board of

Managers of an association may authorize a management company to maintain the association's reserve

funds in a single interest bearing account with similar funds of other associations. The management company shall at all times maintain records identifying all moneys of each association in such

investment account. The management company may hold all operating funds of associations which it

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manages in a single operating account but shall at all times maintain records identifying all moneys of each association in such operating account. Such operating and reserve funds held by the management

company for the association shall not be subject to attachment by any creditor of the management

company.

For the purpose of this subsection, a management company shall be defined as a person,

partnership, corporation, or other legal entity entitled to transact business on behalf of others, acting on

behalf of or as an agent for a unit owner, unit owners or association of unit owners for the purpose of carrying out the duties, responsibilities, and other obligations necessary for the day to day operation and

management of any property subject to this Act. For purposes of this subsection, the term "fiduciary

insurance coverage" shall be defined as both a fidelity bond and directors and officers liability coverage, the fidelity bond in the full amount of association funds and association reserves that will be in the

custody of the association, and the directors and officers liability coverage at a level as shall be determined to be reasonable by the board of managers, if not otherwise established by the declaration

or by laws.

Until one year after September 21, 1985 (the effective date of Public Act 84-722), if a

condominium association has reserves plus assessments in excess of $250,000 and cannot reasonably

obtain 100% fidelity bond coverage for such amount, then it must obtain a fidelity bond coverage of

$250,000.

(h) Method of estimating the amount of the annual budget, and the manner of assessing

and collecting from the unit owners their respective shares of such estimated expenses, and of any other

expenses lawfully agreed upon.

(i) That upon 10 days notice to the manager or board of managers and payment of a

reasonable fee, any unit owner shall be furnished a statement of his account setting forth the amount of

any unpaid assessments or other charges due and owing from such owner.

(j) Designation and removal of personnel necessary for the maintenance, repair and

replacement of the common elements.

(k) Such restrictions on and requirements respecting the use and maintenance of the

units and the use of the common elements, not set forth in the declaration, as are designed to prevent

unreasonable interference with the use of their respective units and of the common elements by the

several unit owners.

(l) Method of adopting and of amending administrative rules and regulations governing

the operation and use of the common elements.

(m) The percentage of votes required to modify or amend the bylaws, but each one of the particulars set forth in this section shall always be embodied in the bylaws.

(n)(i) The provisions of this Act, the declaration, bylaws, other condominium

instruments, and rules and regulations that relate to the use of the individual unit or the common elements shall be applicable to any person leasing a unit and shall be deemed to be incorporated in any

lease executed or renewed on or after August 30, 1984 (the effective date of Public Act 83-1271).

(ii) With regard to any lease entered into subsequent to July 1, 1990 (the effective

date of Public Act 86-991), the unit owner leasing the unit shall deliver a copy of the signed lease to the

board or if the lease is oral, a memorandum of the lease, not later than the date of occupancy or 10 days

after the lease is signed, whichever occurs first. In addition to any other remedies, by filing an action jointly against the tenant and the unit owner, an association may seek to enjoin a tenant from occupying

a unit or seek to evict a tenant under the provisions of Article IX of the Code of Civil Procedure for

failure of the lessor-owner to comply with the leasing requirements prescribed by this Section or by the declaration, bylaws, and rules and regulations. The board of managers may proceed directly against a

tenant, at law or in equity, or under the provisions of Article IX of the Code of Civil Procedure, for any

other breach by tenant of any covenants, rules, regulations or bylaws.

(o) The association shall have no authority to forbear the payment of assessments by any

unit owner.

(p) That when 30% or fewer of the units, by number, possess over 50% in the aggregate of

the votes in the association, any percentage vote of members specified herein or in the condominium

instruments shall require the specified percentage by number of units rather than by percentage of

interest in the common elements allocated to units that would otherwise be applicable and garage units or storage units, or both, shall have, in total, no more votes than their aggregate percentage of ownership

in the common elements; this shall mean that if garage units or storage units, or both, are to be given a

vote, or portion of a vote, that the association must add the total number of votes cast of garage units, storage units, or both, and divide the total by the number of garage units, storage units, or both, and

multiply by the aggregate percentage of ownership of garage units and storage units to determine the

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[May 3, 2017]

vote, or portion of a vote, that garage units or storage units, or both, have. For purposes of this subsection (p), when making a determination of whether 30% or fewer of the units, by number, possess over 50%

in the aggregate of the votes in the association, a unit shall not include a garage unit or a storage unit.

(q) That a unit owner may not assign, delegate, transfer, surrender, or avoid the

duties, responsibilities, and liabilities of a unit owner under this Act, the condominium instruments, or

the rules and regulations of the Association; and that such an attempted assignment, delegation, transfer,

surrender, or avoidance shall be deemed void.

The provisions of this Section are applicable to all condominium instruments recorded under this Act.

Any portion of a condominium instrument which contains provisions contrary to these provisions shall be

void as against public policy and ineffective. Any such instrument which fails to contain the provisions required by this Section shall be deemed to incorporate such provisions by operation of law.

(Source: P.A. 98-1042, eff. 1-1-15; 99-472, eff. 6-1-16; 99-567, eff. 1-1-17; 99-642, eff. 7-28-16.) (765 ILCS 605/18.5) (from Ch. 30, par. 318.5)

Sec. 18.5. Master Associations.

(a) If the declaration, other condominium instrument, or other duly recorded covenants provide that any of the powers of the unit owners associations are to be exercised by or may be delegated to a nonprofit

corporation or unincorporated association that exercises those or other powers on behalf of one or more

condominiums, or for the benefit of the unit owners of one or more condominiums, such corporation or

association shall be a master association.

(b) There shall be included in the declaration, other condominium instruments, or other duly recorded

covenants establishing the powers and duties of the master association the provisions set forth in subsections (c) through (h).

In interpreting subsections (c) through (h), the courts should interpret these provisions so that they are

interpreted consistently with the similar parallel provisions found in other parts of this Act. (c) Meetings and finances.

(1) Each unit owner of a condominium subject to the authority of the board of the master

association shall receive, at least 30 days prior to the adoption thereof by the board of the master association, a copy of the proposed annual budget.

(2) The board of the master association shall annually supply to all unit owners of

condominiums subject to the authority of the board of the master association an itemized accounting of the common expenses for the preceding year actually incurred or paid, together with a tabulation of the

amounts collected pursuant to the budget or assessment, and showing the net excess or deficit of income

over expenditures plus reserves.

(3) Each unit owner of a condominium subject to the authority of the board of the master

association shall receive written notice mailed or delivered no less than 10 and no more than 30 days

prior to any meeting of the board of the master association concerning the adoption of the proposed annual budget or any increase in the budget, or establishment of an assessment.

(4) Meetings of the board of the master association shall be open to any unit owner in a

condominium subject to the authority of the board of the master association, except for the portion of any meeting held:

(A) to discuss litigation when an action against or on behalf of the particular

master association has been filed and is pending in a court or administrative tribunal, or when the board of the master association finds that such an action is probable or imminent,

(B) to consider information regarding appointment, employment or dismissal of an

employee, or

(C) to discuss violations of rules and regulations of the master association or

unpaid common expenses owed to the master association.

Any vote on these matters shall be taken at a meeting or portion thereof open to any unit owner of a condominium subject to the authority of the master association.

Any unit owner may record the proceedings at meetings required to be open by this Act by

tape, film or other means; the board may prescribe reasonable rules and regulations to govern the right to make such recordings. Notice of meetings shall be mailed or delivered at least 48 hours prior thereto,

unless a written waiver of such notice is signed by the persons entitled to notice before the meeting is

convened. Copies of notices of meetings of the board of the master association shall be posted in entranceways, elevators, or other conspicuous places in the condominium at least 48 hours prior to the

meeting of the board of the master association. Where there is no common entranceway for 7 or more

units, the board of the master association may designate one or more locations in the proximity of these units where the notices of meetings shall be posted.

(5) If the declaration provides for election by unit owners of members of the board of

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[May 3, 2017]

directors in the event of a resale of a unit in the master association, the purchaser of a unit from a seller other than the developer pursuant to an installment sales contract for purchase shall, during such times

as he or she resides in the unit, be counted toward a quorum for purposes of election of members of the

board of directors at any meeting of the unit owners called for purposes of electing members of the board, and shall have the right to vote for the election of members of the board of directors and to be

elected to and serve on the board of directors unless the seller expressly retains in writing any or all of

those rights. In no event may the seller and purchaser both be counted toward a quorum, be permitted to vote for a particular office, or be elected and serve on the board. Satisfactory evidence of the

installment sales contract shall be made available to the association or its agents. For purposes of this

subsection, "installment sales contract" shall have the same meaning as set forth in Section 5 of the Installment Sales Contract Act subsection (e) of Section 1 of the Dwelling Unit Installment Contract

Act.

(6) The board of the master association shall have the authority to establish and

maintain a system of master metering of public utility services and to collect payments in connection

therewith, subject to the requirements of the Tenant Utility Payment Disclosure Act.

(7) The board of the master association or a common interest community association shall

have the power, after notice and an opportunity to be heard, to levy and collect reasonable fines from

members for violations of the declaration, bylaws, and rules and regulations of the master association

or the common interest community association. Nothing contained in this subdivision (7) shall give rise

to a statutory lien for unpaid fines.

(8) Other than attorney's fees, no fees pertaining to the collection of a unit owner's

financial obligation to the Association, including fees charged by a manager or managing agent, shall

be added to and deemed a part of an owner's respective share of the common expenses unless: (i) the

managing agent fees relate to the costs to collect common expenses for the Association; (ii) the fees are set forth in a contract between the managing agent and the Association; and (iii) the authority to add the

management fees to an owner's respective share of the common expenses is specifically stated in the

declaration or bylaws of the Association.

(d) Records.

(1) The board of the master association shall maintain the following records of the

association and make them available for examination and copying at convenient hours of weekdays by any unit owners in a condominium subject to the authority of the board or their mortgagees and their

duly authorized agents or attorneys:

(i) Copies of the recorded declaration, other condominium instruments, other duly

recorded covenants and bylaws and any amendments, articles of incorporation of the master

association, annual reports and any rules and regulations adopted by the master association or its

board shall be available. Prior to the organization of the master association, the developer shall maintain and make available the records set forth in this subdivision (d)(1) for examination and

copying.

(ii) Detailed and accurate records in chronological order of the receipts and

expenditures affecting the common areas, specifying and itemizing the maintenance and repair

expenses of the common areas and any other expenses incurred, and copies of all contracts, leases,

or other agreements entered into by the master association, shall be maintained.

(iii) The minutes of all meetings of the master association and the board of the

master association shall be maintained for not less than 7 years.

(iv) Ballots and proxies related thereto, if any, for any election held for the

board of the master association and for any other matters voted on by the unit owners shall be

maintained for not less than one year.

(v) Such other records of the master association as are available for inspection by

members of a not-for-profit corporation pursuant to Section 107.75 of the General Not For Profit

Corporation Act of 1986 shall be maintained.

(vi) With respect to units owned by a land trust, if a trustee designates in writing

a person to cast votes on behalf of the unit owner, the designation shall remain in effect until a

subsequent document is filed with the association.

(2) Where a request for records under this subsection is made in writing to the board of

managers or its agent, failure to provide the requested record or to respond within 30 days shall be

deemed a denial by the board of directors.

(3) A reasonable fee may be charged by the master association or its board for the cost of copying.

(4) If the board of directors fails to provide records properly requested under

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[May 3, 2017]

subdivision (d)(1) within the time period provided in subdivision (d)(2), the unit owner may seek appropriate relief, including an award of attorney's fees and costs.

(e) The board of directors shall have standing and capacity to act in a representative capacity in relation

to matters involving the common areas of the master association or more than one unit, on behalf of the unit owners as their interests may appear.

(f) Administration of property prior to election of the initial board of directors.

(1) Until the election, by the unit owners or the boards of managers of the underlying

condominium associations, of the initial board of directors of a master association whose declaration is

recorded on or after August 10, 1990, the same rights, titles, powers, privileges, trusts, duties and

obligations that are vested in or imposed upon the board of directors by this Act or in the declaration or other duly recorded covenant shall be held and performed by the developer.

(2) The election of the initial board of directors of a master association whose

declaration is recorded on or after August 10, 1990, by the unit owners or the boards of managers of the

underlying condominium associations, shall be held not later than 60 days after the conveyance by the

developer of 75% of the units, or 3 years after the recording of the declaration, whichever is earlier. The developer shall give at least 21 days notice of the meeting to elect the initial board of directors and shall

upon request provide to any unit owner, within 3 working days of the request, the names, addresses, and

weighted vote of each unit owner entitled to vote at the meeting. Any unit owner shall upon receipt of

the request be provided with the same information, within 10 days of the request, with respect to each

subsequent meeting to elect members of the board of directors.

(3) If the initial board of directors of a master association whose declaration is

recorded on or after August 10, 1990 is not elected by the unit owners or the members of the underlying

condominium association board of managers at the time established in subdivision (f)(2), the developer

shall continue in office for a period of 30 days, whereupon written notice of his resignation shall be sent to all of the unit owners or members of the underlying condominium board of managers entitled to vote

at an election for members of the board of directors.

(4) Within 60 days following the election of a majority of the board of directors, other than the developer, by unit owners, the developer shall deliver to the board of directors:

(i) All original documents as recorded or filed pertaining to the property, its

administration, and the association, such as the declaration, articles of incorporation, other instruments, annual reports, minutes, rules and regulations, and contracts, leases, or other agreements

entered into by the association. If any original documents are unavailable, a copy may be provided if

certified by affidavit of the developer, or an officer or agent of the developer, as being a complete copy of the actual document recorded or filed.

(ii) A detailed accounting by the developer, setting forth the source and nature of

receipts and expenditures in connection with the management, maintenance and operation of the property, copies of all insurance policies, and a list of any loans or advances to the association which

are outstanding.

(iii) Association funds, which shall have been at all times segregated from any other moneys of the developer.

(iv) A schedule of all real or personal property, equipment and fixtures belonging

to the association, including documents transferring the property, warranties, if any, for all real and personal property and equipment, deeds, title insurance policies, and all tax bills.

(v) A list of all litigation, administrative action and arbitrations involving the

association, any notices of governmental bodies involving actions taken or which may be taken concerning the association, engineering and architectural drawings and specifications as approved by

any governmental authority, all other documents filed with any other governmental authority, all

governmental certificates, correspondence involving enforcement of any association requirements, copies of any documents relating to disputes involving unit owners, and originals of all documents

relating to everything listed in this subparagraph.

(vi) If the developer fails to fully comply with this paragraph (4) within the 60

days provided and fails to fully comply within 10 days of written demand mailed by registered or

certified mail to his or her last known address, the board may bring an action to compel compliance

with this paragraph (4). If the court finds that any of the required deliveries were not made within the required period, the board shall be entitled to recover its reasonable attorneys' fees and costs incurred

from and after the date of expiration of the 10 day demand.

(5) With respect to any master association whose declaration is recorded on or after

August 10, 1990, any contract, lease, or other agreement made prior to the election of a majority of the

board of directors other than the developer by or on behalf of unit owners or underlying condominium

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associations, the association or the board of directors, which extends for a period of more than 2 years from the recording of the declaration, shall be subject to cancellation by more than 1/2 of the votes of

the unit owners, other than the developer, cast at a special meeting of members called for that purpose

during a period of 90 days prior to the expiration of the 2 year period if the board of managers is elected by the unit owners, otherwise by more than 1/2 of the underlying condominium board of managers. At

least 60 days prior to the expiration of the 2 year period, the board of directors, or, if the board is still

under developer control, then the board of managers or the developer shall send notice to every unit owner or underlying condominium board of managers, notifying them of this provision, of what

contracts, leases and other agreements are affected, and of the procedure for calling a meeting of the

unit owners or for action by the underlying condominium board of managers for the purpose of acting to terminate such contracts, leases or other agreements. During the 90 day period the other party to the

contract, lease, or other agreement shall also have the right of cancellation.

(6) The statute of limitations for any actions in law or equity which the master

association may bring shall not begin to run until the unit owners or underlying condominium board of

managers have elected a majority of the members of the board of directors.

(g) In the event of any resale of a unit in a master association by a unit owner other than the developer,

the owner shall obtain from the board of directors and shall make available for inspection to the prospective

purchaser, upon demand, the following:

(1) A copy of the declaration, other instruments and any rules and regulations.

(2) A statement of any liens, including a statement of the account of the unit setting

forth the amounts of unpaid assessments and other charges due and owing.

(3) A statement of any capital expenditures anticipated by the association within the

current or succeeding 2 fiscal years.

(4) A statement of the status and amount of any reserve for replacement fund and any portion of such fund earmarked for any specified project by the board of directors.

(5) A copy of the statement of financial condition of the association for the last

fiscal year for which such a statement is available.

(6) A statement of the status of any pending suits or judgments in which the association

is a party.

(7) A statement setting forth what insurance coverage is provided for all unit owners by the association.

(8) A statement that any improvements or alterations made to the unit, or any part of

the common areas assigned thereto, by the prior unit owner are in good faith believed to be in compliance with the declaration of the master association.

The principal officer of the unit owner's association or such other officer as is specifically designated

shall furnish the above information when requested to do so in writing, within 30 days of receiving the request.

A reasonable fee covering the direct out-of-pocket cost of copying and providing such information may

be charged by the association or its board of directors to the unit seller for providing the information. (g-1) The purchaser of a unit of a common interest community at a judicial foreclosure sale, other than

a mortgagee, who takes possession of a unit of a common interest community pursuant to a court order or

a purchaser who acquires title from a mortgagee shall have the duty to pay the proportionate share, if any, of the common expenses for the unit that would have become due in the absence of any assessment

acceleration during the 6 months immediately preceding institution of an action to enforce the collection

of assessments and the court costs incurred by the association in an action to enforce the collection that remain unpaid by the owner during whose possession the assessments accrued. If the outstanding

assessments and the court costs incurred by the association in an action to enforce the collection are paid

at any time during any action to enforce the collection of assessments, the purchaser shall have no obligation to pay any assessments that accrued before he or she acquired title. The notice of sale of a unit

of a common interest community under subsection (c) of Section 15-1507 of the Code of Civil Procedure

shall state that the purchaser of the unit other than a mortgagee shall pay the assessments and court costs required by this subsection (g-1).

(h) Errors and omissions.

(1) If there is an omission or error in the declaration or other instrument of the

master association, the master association may correct the error or omission by an amendment to the

declaration or other instrument, as may be required to conform it to this Act, to any other applicable

statute, or to the declaration. The amendment shall be adopted by vote of two-thirds of the members of the board of directors or by a majority vote of the unit owners at a meeting called for that purpose,

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[May 3, 2017]

unless the Act or the declaration of the master association specifically provides for greater percentages or different procedures.

(2) If, through a scrivener's error, a unit has not been designated as owning an

appropriate undivided share of the common areas or does not bear an appropriate share of the common expenses, or if all of the common expenses or all of the common elements in the condominium have not

been distributed in the declaration, so that the sum total of the shares of common areas which have been

distributed or the sum total of the shares of the common expenses fail to equal 100%, or if it appears that more than 100% of the common elements or common expenses have been distributed, the error

may be corrected by operation of law by filing an amendment to the declaration, approved by vote of

two-thirds of the members of the board of directors or a majority vote of the unit owners at a meeting called for that purpose, which proportionately adjusts all percentage interests so that the total is equal

to 100%, unless the declaration specifically provides for a different procedure or different percentage vote by the owners of the units and the owners of mortgages thereon affected by modification being

made in the undivided interest in the common areas, the number of votes in the unit owners association

or the liability for common expenses appertaining to the unit.

(3) If an omission or error or a scrivener's error in the declaration or other

instrument is corrected by vote of two-thirds of the members of the board of directors pursuant to the

authority established in subdivisions (h)(1) or (h)(2) of this Section, the board, upon written petition by

unit owners with 20% of the votes of the association or resolutions adopted by the board of managers

or board of directors of the condominium and common interest community associations which select

20% of the members of the board of directors of the master association, whichever is applicable, received within 30 days of the board action, shall call a meeting of the unit owners or the boards of the

condominium and common interest community associations which select members of the board of

directors of the master association within 30 days of the filing of the petition or receipt of the condominium and common interest community association resolution to consider the board action.

Unless a majority of the votes of the unit owners of the association are cast at the meeting to reject the

action, or board of managers or board of directors of condominium and common interest community associations which select over 50% of the members of the board of the master association adopt

resolutions prior to the meeting rejecting the action of the board of directors of the master association,

it is ratified whether or not a quorum is present.

(4) The procedures for amendments set forth in this subsection (h) cannot be used if

such an amendment would materially or adversely affect property rights of the unit owners unless the

affected unit owners consent in writing. This Section does not restrict the powers of the association to otherwise amend the declaration, bylaws, or other condominium instruments, but authorizes a simple

process of amendment requiring a lesser vote for the purpose of correcting defects, errors, or omissions

when the property rights of the unit owners are not materially or adversely affected.

(5) If there is an omission or error in the declaration or other instruments that may

not be corrected by an amendment procedure set forth in subdivision (h)(1) or (h)(2) of this Section,

then the circuit court in the county in which the master association is located shall have jurisdiction to hear a petition of one or more of the unit owners thereon or of the association, to correct the error or

omission, and the action may be a class action. The court may require that one or more methods of

correcting the error or omission be submitted to the unit owners to determine the most acceptable correction. All unit owners in the association must be joined as parties to the action. Service of process

on owners may be by publication, but the plaintiff shall furnish all unit owners not personally served

with process with copies of the petition and final judgment of the court by certified mail, return receipt requested, at their last known address.

(6) Nothing contained in this Section shall be construed to invalidate any provision of

a declaration authorizing the developer to amend an instrument prior to the latest date on which the initial membership meeting of the unit owners must be held, whether or not it has actually been held, to

bring the instrument into compliance with the legal requirements of the Federal National Mortgage

Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, the United States Veterans Administration or their respective successors and assigns.

(i) The provisions of subsections (c) through (h) are applicable to all declarations, other condominium

instruments, and other duly recorded covenants establishing the powers and duties of the master association recorded under this Act. Any portion of a declaration, other condominium instrument, or other

duly recorded covenant establishing the powers and duties of a master association which contains

provisions contrary to the provisions of subsection (c) through (h) shall be void as against public policy and ineffective. Any declaration, other condominium instrument, or other duly recorded covenant

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establishing the powers and duties of the master association which fails to contain the provisions required by subsections (c) through (h) shall be deemed to incorporate such provisions by operation of law.

(j) (Blank).

(Source: P.A. 96-1045, eff. 7-14-10; 97-535, eff. 1-1-12; 97-605, eff. 8-26-11; 97-813, eff. 7-13-12.) (765 ILCS 70/Act rep.)

Section 915. The Dwelling Structure Contract Act is repealed.

(765 ILCS 75/Act rep.) Section 920. The Dwelling Unit Installment Contract Act is repealed.

Section 925. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows:

(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z) Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the

Automotive Collision Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the

Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Installment Sales Contract Act, the Job Referral and Job Listing Services Consumer Protection

Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic

Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations

Act, the Illinois Funeral or Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care Act, the

Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Payday

Loan Reform Act, the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the

Internet Caller Identification Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle

Code, Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois Vehicle Code, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, the

Reverse Mortgage Act, Section 25 of the Youth Mental Health Protection Act, or the Personal Information

Protection Act commits an unlawful practice within the meaning of this Act. (Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642, eff. 7-28-16.)

Section 999. Effective date. This Act takes effect January 1, 2018.".





On motion of Senator Koehler, Senate Bill No. 885 having been transcribed and typed and all



YEAS 37; NAYS 19.


Aquino Harmon Link Sandoval

Bennett Harris Manar Silverstein

Bertino-Tarrant Hastings Martinez Stadelman Biss Holmes McCann Steans

Bush Hunter McGuire Tracy

Castro Hutchinson Morrison Trotter Clayborne Jones, E. Mulroe Van Pelt

Collins Koehler Muñoz

Cullerton, T. Landek Murphy Cunningham Lightford Raoul

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[May 3, 2017]

The following voted in the negative:

Althoff Connelly Oberweis Rose

Anderson Fowler Radogno Schimpf Barickman McConchie Rezin Syverson

Bivins McConnaughay Righter Weaver

Brady Nybo Rooney



therein.


On motion of Senator Righter, Senate Bill No. 902 was recalled from the order of third reading to

the order of second reading.

Senator Righter offered the following amendment and moved its adoption:


AMENDMENT NO. 1 . Amend Senate Bill 902 by replacing everything after the enacting clause

with the following:

"Section 5. The Regulatory Sunset Act is amended by changing Sections 4.28 and 4.30 as follows:

(5 ILCS 80/4.28)

Sec. 4.28. Acts repealed on January 1, 2018. The following Acts are repealed on January 1, 2018: The Illinois Petroleum Education and Marketing Act.

The Podiatric Medical Practice Act of 1987.

The Acupuncture Practice Act. The Illinois Speech-Language Pathology and Audiology Practice Act.

The Interpreter for the Deaf Licensure Act of 2007.

The Nurse Practice Act. The Clinical Social Work and Social Work Practice Act.

The Pharmacy Practice Act.

The Home Medical Equipment and Services Provider License Act. The Marriage and Family Therapy Licensing Act.

The Nursing Home Administrators Licensing and Disciplinary Act.

The Physician Assistant Practice Act of 1987. (Source: P.A. 95-187, eff. 8-16-07; 95-235, eff. 8-17-07; 95-450, eff. 8-27-07; 95-465, eff. 8-27-07; 95-

617, eff. 9-12-07; 95-639, eff. 10-5-07; 95-687, eff. 10-23-07; 95-689, eff. 10-29-07; 95-703, eff. 12-31-

07; 95-876, eff. 8-21-08; 96-328, eff. 8-11-09.) (5 ILCS 80/4.30)

Sec. 4.30. Acts repealed on January 1, 2020. The following Acts are repealed on January 1, 2020:

The Auction License Act. The Community Association Manager Licensing and Disciplinary Act.

The Illinois Architecture Practice Act of 1989.

The Illinois Landscape Architecture Act of 1989. The Illinois Professional Land Surveyor Act of 1989.

The Land Sales Registration Act of 1999.

The Orthotics, Prosthetics, and Pedorthics Practice Act. The Perfusionist Practice Act.

The Pharmacy Practice Act.

The Professional Engineering Practice Act of 1989. The Real Estate License Act of 2000.

The Structural Engineering Practice Act of 1989.

(Source: P.A. 96-610, eff. 8-24-09; 96-626, eff. 8-24-09; 96-682, eff. 8-25-09; 96-726, eff. 7-1-10; 96-730, eff. 8-25-09; 96-855, eff. 12-31-09; 96-856, eff. 12-31-09; 96-1000, eff. 7-2-10.)

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[May 3, 2017]

Section 10. The Pharmacy Practice Act is amended by changing Sections 3, 5.5, 7, 9, 9.5, 10, 11, 12, 13, 15, 16, 16a, 17, 17.1, 18, 19, 20, 22, 22b, 25.10, 25.15, 27, 28, 30, 30.5, 32, 33, 34, 35.1, 35.2, 35.5,

35.6, 35.7, 35.8, 35.12, 35.13, 35.14, 35.15, 35.16, 35.18, and 36 and by adding Sections 3.5, 4.5, 35.20,

and 35.21 as follows: (225 ILCS 85/3)


Sec. 3. Definitions. For the purpose of this Act, except where otherwise limited therein: (a) "Pharmacy" or "drugstore" means and includes every store, shop, pharmacy department, or other

place where pharmacist care is provided by a pharmacist (1) where drugs, medicines, or poisons are

dispensed, sold or offered for sale at retail, or displayed for sale at retail; or (2) where prescriptions of physicians, dentists, advanced practice nurses, physician assistants, veterinarians, podiatric physicians, or

optometrists, within the limits of their licenses, are compounded, filled, or dispensed; or (3) which has upon it or displayed within it, or affixed to or used in connection with it, a sign bearing the word or words

"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care", "Apothecary", "Drugstore", "Medicine

Store", "Prescriptions", "Drugs", "Dispensary", "Medicines", or any word or words of similar or like import, either in the English language or any other language; or (4) where the characteristic prescription

sign (Rx) or similar design is exhibited; or (5) any store, or shop, or other place with respect to which any

of the above words, objects, signs or designs are used in any advertisement.

(b) "Drugs" means and includes (1) articles recognized in the official United States

Pharmacopoeia/National Formulary (USP/NF), or any supplement thereto and being intended for and

having for their main use the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals, as approved by the United States Food and Drug Administration, but does not include devices or

their components, parts, or accessories; and (2) all other articles intended for and having for their main use

the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals, as approved by the United States Food and Drug Administration, but does not include devices or their components, parts,

or accessories; and (3) articles (other than food) having for their main use and intended to affect the

structure or any function of the body of man or other animals; and (4) articles having for their main use and intended for use as a component or any articles specified in clause (1), (2) or (3); but does not include

devices or their components, parts or accessories.

(c) "Medicines" means and includes all drugs intended for human or veterinary use approved by the United States Food and Drug Administration.

(d) "Practice of pharmacy" means (1) the interpretation and the provision of assistance in the monitoring,

evaluation, and implementation of prescription drug orders; (2) the dispensing of prescription drug orders; (3) participation in drug and device selection; (4) drug administration limited to the administration of oral,

topical, injectable, and inhalation as follows: in the context of patient education on the proper use or

delivery of medications; vaccination of patients 14 years of age and older pursuant to a valid prescription or standing order, by a physician licensed to practice medicine in all its branches, upon completion of

appropriate training, including how to address contraindications and adverse reactions set forth by rule,

with notification to the patient's physician and appropriate record retention, or pursuant to hospital pharmacy and therapeutics committee policies and procedures; (5) vaccination of patients ages 10 through

13 limited to the Influenza (inactivated influenza vaccine and live attenuated influenza intranasal vaccine)

and Tdap (defined as tetanus, diphtheria, acellular pertussis) vaccines, pursuant to a valid prescription or standing order, by a physician licensed to practice medicine in all its branches, upon completion of

appropriate training, including how to address contraindications and adverse reactions set forth by rule,

with notification to the patient's physician and appropriate record retention, or pursuant to hospital pharmacy and therapeutics committee policies and procedures; (6) drug regimen review; (7) drug or drug-

related research; (8) the provision of patient counseling; (9) the practice of telepharmacy; (10) the

provision of those acts or services necessary to provide pharmacist care; (11) medication therapy management; and (12) the responsibility for compounding and labeling of drugs and devices (except

labeling by a manufacturer, repackager, or distributor of non-prescription drugs and commercially

packaged legend drugs and devices), proper and safe storage of drugs and devices, and maintenance of required records. A pharmacist who performs any of the acts defined as the practice of pharmacy in this

State must be actively licensed as a pharmacist under this Act.

(e) "Prescription" means and includes any written, oral, facsimile, or electronically transmitted order for drugs or medical devices, issued by a physician licensed to practice medicine in all its branches, dentist,

veterinarian, podiatric physician, or optometrist, within the limits of their licenses, by a physician assistant

in accordance with subsection (f) of Section 4, or by an advanced practice nurse in accordance with subsection (g) of Section 4, containing the following: (1) name of the patient; (2) date when prescription

was issued; (3) name and strength of drug or description of the medical device prescribed; and (4) quantity;

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(5) directions for use; (6) prescriber's name, address, and signature; and (7) DEA registration number where required, for controlled substances. The prescription may, but is not required to, list the illness,

disease, or condition for which the drug or device is being prescribed. DEA registration numbers shall not

be required on inpatient drug orders. (f) "Person" means and includes a natural person, partnership copartnership, association, corporation,

government entity, or any other legal entity.

(g) "Department" means the Department of Financial and Professional Regulation. (h) "Board of Pharmacy" or "Board" means the State Board of Pharmacy of the Department of Financial

and Professional Regulation.

(i) "Secretary" means the Secretary of Financial and Professional Regulation. (j) "Drug product selection" means the interchange for a prescribed pharmaceutical product in

accordance with Section 25 of this Act and Section 3.14 of the Illinois Food, Drug and Cosmetic Act. (k) "Inpatient drug order" means an order issued by an authorized prescriber for a resident or patient of

a facility licensed under the Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD Act,

the Specialized Mental Health Rehabilitation Act of 2013, or the Hospital Licensing Act, or "An Act in relation to the founding and operation of the University of Illinois Hospital and the conduct of University

of Illinois health care programs", approved July 3, 1931, as amended, or a facility which is operated by

the Department of Human Services (as successor to the Department of Mental Health and Developmental

Disabilities) or the Department of Corrections.

(k-5) "Pharmacist" means an individual health care professional and provider currently licensed by this

State to engage in the practice of pharmacy. (l) "Pharmacist in charge" means the licensed pharmacist whose name appears on a pharmacy license

and who is responsible for all aspects of the operation related to the practice of pharmacy.

(m) "Dispense" or "dispensing" means the interpretation, evaluation, and implementation of a prescription drug order, including the preparation and delivery of a drug or device to a patient or patient's

agent in a suitable container appropriately labeled for subsequent administration to or use by a patient in

accordance with applicable State and federal laws and regulations. "Dispense" or "dispensing" does not mean the physical delivery to a patient or a patient's representative in a home or institution by a designee

of a pharmacist or by common carrier. "Dispense" or "dispensing" also does not mean the physical delivery

of a drug or medical device to a patient or patient's representative by a pharmacist's designee within a pharmacy or drugstore while the pharmacist is on duty and the pharmacy is open.

(n) "Nonresident pharmacy" means a pharmacy that is located in a state, commonwealth, or territory of

the United States, other than Illinois, that delivers, dispenses, or distributes, through the United States Postal Service, commercially acceptable parcel delivery service, or other common carrier, to Illinois

residents, any substance which requires a prescription.

(o) "Compounding" means the preparation and mixing of components, excluding flavorings, (1) as the result of a prescriber's prescription drug order or initiative based on the prescriber-patient-pharmacist

relationship in the course of professional practice or (2) for the purpose of, or incident to, research,

teaching, or chemical analysis and not for sale or dispensing. "Compounding" includes the preparation of drugs or devices in anticipation of receiving prescription drug orders based on routine, regularly observed

dispensing patterns. Commercially available products may be compounded for dispensing to individual

patients only if all of the following conditions are met: (i) the commercial product is not reasonably available from normal distribution channels in a timely manner to meet the patient's needs and (ii) the

prescribing practitioner has requested that the drug be compounded.

(p) (Blank). (q) (Blank).

(r) "Patient counseling" means the communication between a pharmacist or a student pharmacist under

the supervision of a pharmacist and a patient or the patient's representative about the patient's medication or device for the purpose of optimizing proper use of prescription medications or devices. "Patient

counseling" may include without limitation (1) obtaining a medication history; (2) acquiring a patient's

allergies and health conditions; (3) facilitation of the patient's understanding of the intended use of the medication; (4) proper directions for use; (5) significant potential adverse events; (6) potential food-drug

interactions; and (7) the need to be compliant with the medication therapy. A pharmacy technician may

only participate in the following aspects of patient counseling under the supervision of a pharmacist: (1) obtaining medication history; (2) providing the offer for counseling by a pharmacist or student pharmacist;

and (3) acquiring a patient's allergies and health conditions.

(s) "Patient profiles" or "patient drug therapy record" means the obtaining, recording, and maintenance of patient prescription information, including prescriptions for controlled substances, and personal

information.

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(t) (Blank). (u) "Medical device" or "device" means an instrument, apparatus, implement, machine, contrivance,

implant, in vitro reagent, or other similar or related article, including any component part or accessory,

required under federal law to bear the label "Caution: Federal law requires dispensing by or on the order of a physician". A seller of goods and services who, only for the purpose of retail sales, compounds, sells,

rents, or leases medical devices shall not, by reasons thereof, be required to be a licensed pharmacy.

(v) "Unique identifier" means an electronic signature, handwritten signature or initials, thumb print, or other acceptable biometric or electronic identification process as approved by the Department.

(w) "Current usual and customary retail price" means the price that a pharmacy charges to a non-third-

party payor. (x) "Automated pharmacy system" means a mechanical system located within the confines of the

pharmacy or remote location that performs operations or activities, other than compounding or administration, relative to storage, packaging, dispensing, or distribution of medication, and which

collects, controls, and maintains all transaction information.

(y) "Drug regimen review" means and includes the evaluation of prescription drug orders and patient records for (1) known allergies; (2) drug or potential therapy contraindications; (3) reasonable dose,

duration of use, and route of administration, taking into consideration factors such as age, gender, and

contraindications; (4) reasonable directions for use; (5) potential or actual adverse drug reactions; (6) drug-

drug interactions; (7) drug-food interactions; (8) drug-disease contraindications; (9) therapeutic

duplication; (10) patient laboratory values when authorized and available; (11) proper utilization

(including over or under utilization) and optimum therapeutic outcomes; and (12) abuse and misuse. (z) "Electronically transmitted Electronic transmission prescription" means a prescription that is created,

recorded, or stored by electronic means; issued and validated with an electronic signature; and transmitted

by electronic means directly from the prescriber to a pharmacy. An electronic prescription is not an image of a physical prescription that is transferred by electronic means from computer to computer, facsimile to

facsimile, or facsimile to computer any prescription order for which a facsimile or electronic image of the

order is electronically transmitted from a licensed prescriber to a pharmacy. "Electronic transmission prescription" includes both data and image prescriptions.

(aa) "Medication therapy management services" means a distinct service or group of services offered

by licensed pharmacists, physicians licensed to practice medicine in all its branches, advanced practice nurses authorized in a written agreement with a physician licensed to practice medicine in all its branches,

or physician assistants authorized in guidelines by a supervising physician that optimize therapeutic

outcomes for individual patients through improved medication use. In a retail or other non-hospital pharmacy, medication therapy management services shall consist of the evaluation of prescription drug

orders and patient medication records to resolve conflicts with the following:

(1) known allergies; (2) drug or potential therapy contraindications;

(3) reasonable dose, duration of use, and route of administration, taking into

consideration factors such as age, gender, and contraindications;

(4) reasonable directions for use;

(5) potential or actual adverse drug reactions;

(6) drug-drug interactions; (7) drug-food interactions;

(8) drug-disease contraindications;

(9) identification of therapeutic duplication; (10) patient laboratory values when authorized and available;

(11) proper utilization (including over or under utilization) and optimum therapeutic

outcomes; and

(12) drug abuse and misuse.

"Medication therapy management services" includes the following:

(1) documenting the services delivered and communicating the information provided to patients' prescribers within an appropriate time frame, not to exceed 48 hours;

(2) providing patient counseling designed to enhance a patient's understanding and the

appropriate use of his or her medications; and

(3) providing information, support services, and resources designed to enhance a

patient's adherence with his or her prescribed therapeutic regimens.

"Medication therapy management services" may also include patient care functions authorized by a physician licensed to practice medicine in all its branches for his or her identified patient or groups of

patients under specified conditions or limitations in a standing order from the physician.

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"Medication therapy management services" in a licensed hospital may also include the following: (1) reviewing assessments of the patient's health status; and

(2) following protocols of a hospital pharmacy and therapeutics committee with respect

to the fulfillment of medication orders.

(bb) "Pharmacist care" means the provision by a pharmacist of medication therapy management

services, with or without the dispensing of drugs or devices, intended to achieve outcomes that improve

patient health, quality of life, and comfort and enhance patient safety. (cc) "Protected health information" means individually identifiable health information that, except as

otherwise provided, is:

(1) transmitted by electronic media; (2) maintained in any medium set forth in the definition of "electronic media" in the

federal Health Insurance Portability and Accountability Act; or

(3) transmitted or maintained in any other form or medium.

"Protected health information" does not include individually identifiable health information found in:

(1) education records covered by the federal Family Educational Right and Privacy Act; or (2) employment records held by a licensee in its role as an employer.

(dd) "Standing order" means a specific order for a patient or group of patients issued by a physician

licensed to practice medicine in all its branches in Illinois.

(ee) "Address of record" means the designated address recorded by the Department in the applicant's

application file or licensee's license file maintained by the Department's licensure maintenance unit.

address recorded by the Department in the applicant's or licensee's application file or license file, as maintained by the Department's licensure maintenance unit.

(ff) "Home pharmacy" means the location of a pharmacy's primary operations.

(gg) "Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file, as maintained by the Department's licensure

maintenance unit.

(Source: P.A. 98-104, eff. 7-22-13; 98-214, eff. 8-9-13; 98-756, eff. 7-16-14; 99-180, eff. 7-29-15.) (225 ILCS 85/3.5 new)

Sec. 3.5. Address of record; email address of record. All applicants and licensees shall:

(1) provide a valid address and email address to the Department, which shall serve as the address of record and email address of record, respectively, at the time of application for licensure or renewal of a

license; and

(2) inform the Department of any change of address of record or email address of record within 14 days after such change either through the Department's website or by contacting the Department's licensure

maintenance unit.

(225 ILCS 85/4.5 new) Sec. 4.5. The Collaborative Pharmaceutical Task Force. In order to protect the public and provide

quality pharmaceutical care, the Collaborative Pharmaceutical Task Force is established. The Task Force

shall discuss how to further advance the practice of pharmacy in a manner that recognizes the needs of the healthcare system, patients, pharmacies, pharmacists, and pharmacy technicians. As a part of its

discussions, the Task Force shall consider, at a minimum, the following:

(1) the extent to which providing whistleblower protections for pharmacists and pharmacy technicians reporting violation of worker policies and requiring pharmacies to have at least one pharmacy

technician on duty whenever the practice of pharmacy is conducted, to set a prescription filling limit of

not more than 10 prescriptions filled per hour, to mandate at least 10 pharmacy technician hours per 100 prescriptions filled, to place a general prohibition on activities that distract pharmacists, to provide a

pharmacist a minimum of 2 15-minute paid rest breaks and one 30-minute meal period in each workday

on which the pharmacist works at least 7 hours, to not require a pharmacist to work during a break period, to pay to the pharmacist 3 times the pharmacist's regular hourly rate of pay for each workday during which

the required breaks were not provided, to make available at all times a room on the pharmacy's premises

with adequate seating and tables for the purpose of allowing a pharmacist to enjoy break periods in a clean and comfortable environment, to keep a complete and accurate record of the break periods of its

pharmacists, to limit a pharmacist from working more than 8 hours a workday, and to retain records of

any errors in the receiving, filling, or dispensing of prescriptions of any kind could be integrated into the Pharmacy Practice Act; and

(2) the extent to which requiring the Department to adopt rules requiring pharmacy prescription

systems contain mechanisms to require prescription discontinuation orders to be forwarded to a pharmacy, to require patient verification features for pharmacy automated prescription refills, and to require that

automated prescription refills notices clearly communicate to patients the medication name, dosage

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strength, and any other information required by the Department governing the use of automated dispensing and storage systems to ensure that discontinued medications are not dispensed to a patient by a pharmacist

or by any automatic refill dispensing systems whether prescribed through electronic prescriptions or paper

prescriptions may be integrated into the Pharmacy Practice Act to better protect the public. In developing standards related to its discussions, the Collaborative Pharmaceutical Task Force shall

consider the extent to which Public Act 99-473 (enhancing continuing education requirements for

pharmacy technicians) and Public Act 99-863 (enhancing reporting requirements to the Department of pharmacy employee terminations) may be relevant to the issues listed in paragraphs (1) and (2).

The voting members of the Collaborative Pharmaceutical Task Force shall be appointed as follows:

(1) the Speaker of the House of Representatives, or his or her designee, shall appoint: a representative of a statewide organization exclusively representing retailers, including pharmacies; and a retired licensed

pharmacist who has previously served on the Board of Pharmacy and on the executive committee of a national association representing pharmacists and who shall serve as the chairperson of the Collaborative

Pharmaceutical Task Force;

(2) the President of the Senate, or his or her designee, shall appoint: a representative of a statewide organization representing pharmacists; and a representative of a statewide organization representing

unionized pharmacy employees;

(3) the Minority Leader of the House of Representatives, or his or her designee, shall appoint: a

representative of a statewide organization representing physicians licensed to practice medicine in all its

branches in Illinois; and a representative of a statewide professional association representing pharmacists,

pharmacy technicians, pharmacy students, and others working in or with an interest in hospital and health-system pharmacy; and

(4) the Minority Leader of the Senate, or his or her designee, shall appoint: a representative of a

statewide organization representing hospitals; and a representative of a statewide association exclusively representing long-term care pharmacists.

The Secretary, or his or her designee, shall appoint the following non-voting members of the Task Force:

a representative of the University of Illinois at Chicago College of Pharmacy; a clinical pharmacist who has done extensive study in pharmacy e-prescribing and e-discontinuation; and a representative of the

Department.

The Department shall provide administrative support to the Collaborative Pharmaceutical Task Force. The Collaborative Pharmaceutical Task Force shall meet at least monthly at the call of the chairperson.

No later than September 1, 2019, the voting members of the Collaborative Pharmaceutical Task Force

shall vote on recommendations concerning the standards in paragraphs (1) and (2) of this Section. No later than November 1, 2019, the Department, in direct consultation with the Collaborative

Pharmaceutical Task Force, shall propose rules for adoption that are consistent with the Collaborative

Pharmaceutical Task Force's recommendations, or recommend legislation to the General Assembly, concerning the standards in paragraphs (1) and (2) of this Section.

This Section is repealed on November 1, 2020.


Sec. 5.5. Unlicensed practice; violation; civil penalty.

(a) Any person who practices, offers to practice, attempts to practice, or holds oneself out to practice pharmacy without being licensed under this Act shall, in addition to any other penalty provided by law,

pay a civil penalty to the Department in an amount not to exceed $10,000 $5,000 for each offense as

determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the

discipline of a licensee.

(b) The Department has the authority and power to investigate any and all unlicensed activity. (c) The civil penalty shall be paid within 60 days after the effective date of the order imposing the civil

penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same

manner as any judgment from any court of record. (Source: P.A. 89-474, eff. 6-18-96.)

(225 ILCS 85/7) (from Ch. 111, par. 4127)

(Section scheduled to be repealed on January 1, 2018) Sec. 7. Application; examination. Applications for original licenses shall be made to the Department in

writing or electronically on forms prescribed by the Department and shall be accompanied by the required

fee, which shall not be refundable. Any such application shall require such information as in the judgment of the Department will enable the Board and Department to pass on the qualifications of the applicant for

a license.

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The Department shall authorize examinations of applicants as pharmacists not less than 3 times per year at such times and places as it may determine. The examination of applicants shall be of a character to give

a fair test of the qualifications of the applicant to practice pharmacy.

Applicants for examination as pharmacists shall be required to pay, either to the Department or the designated testing service, a fee covering the cost of providing the examination. Failure to appear for the

examination on the scheduled date, at the time and place specified, after the applicant's application for

examination has been received and acknowledged by the Department or the designated testing service, shall result in the forfeiture of the examination fee. The examination shall be developed and provided by

the National Association of Boards of Pharmacy.

If an applicant neglects, fails or refuses to take an examination or fails to pass an examination for a license under this Act within 3 years after filing his application, the application is denied. However, such

applicant may thereafter make a new application accompanied by the required fee and show evidence of meeting the requirements in force at the time of the new application.

The Department shall notify applicants taking the examination of their results within 7 weeks of the

examination date. Further, the Department shall have the authority to immediately authorize such applicants who successfully pass the examination to engage in the practice of pharmacy.

An applicant shall have one year from the date of notification of successful completion of the

examination to apply to the Department for a license. If an applicant fails to make such application within

one year the applicant shall be required to again take and pass the examination.

An applicant who has graduated with a professional degree from a school of pharmacy located outside

of the United States must do the following: (1) obtain a Foreign Pharmacy Graduate Examination Committee (FPGEC) Certificate;

(2) complete 1,200 hours of clinical training and experience, as defined by rule, in the

United States or its territories; and

(3) successfully complete the licensing requirements set forth in Section 6 of this Act,

as well as those adopted by the Department by rule.

The Department may employ consultants for the purpose of preparing and conducting examinations. (Source: P.A. 95-689, eff. 10-29-07.)

(225 ILCS 85/9) (from Ch. 111, par. 4129)

(Section scheduled to be repealed on January 1, 2018) Sec. 9. Licensure Registration as registered pharmacy technician.

(a) Any person shall be entitled to licensure registration as a registered pharmacy technician who is of

the age of 16 or over, has not engaged in conduct or behavior determined to be grounds for discipline under this Act, is attending or has graduated from an accredited high school or comparable school or

educational institution or received a high school equivalency certificate, and has filed a written or

electronic application for licensure registration on a form to be prescribed and furnished by the Department for that purpose. The Department shall issue a license certificate of registration as a registered pharmacy

technician to any applicant who has qualified as aforesaid, and such license registration shall be the sole

authority required to assist licensed pharmacists in the practice of pharmacy, under the supervision of a licensed pharmacist. A registered pharmacy technician may, under the supervision of a pharmacist, assist

in the practice of pharmacy and perform such functions as assisting in the dispensing process, offering

counseling, receiving new verbal prescription orders, and having prescriber contact concerning prescription drug order clarification. A registered pharmacy technician may not engage in patient

counseling, drug regimen review, or clinical conflict resolution.

(b) Beginning on January 1, 2017, within 2 years after initial licensure registration as a registered pharmacy technician, the licensee registrant must meet the requirements described in Section 9.5 of this

Act and become licensed register as a registered certified pharmacy technician. If the licensee registrant

has not yet attained the age of 18, then upon the next renewal as a registered pharmacy technician, the licensee registrant must meet the requirements described in Section 9.5 of this Act and become licensed

register as a registered certified pharmacy technician. This requirement does not apply to pharmacy

technicians registered prior to January 1, 2008. (c) Any person registered as a pharmacy technician who is also enrolled in a first professional degree

program in pharmacy in a school or college of pharmacy or a department of pharmacy of a university

approved by the Department or has graduated from such a program within the last 18 months, shall be considered a "student pharmacist" and entitled to use the title "student pharmacist". A student pharmacist

must meet all of the requirements for licensure registration as a registered pharmacy technician set forth

in this Section excluding the requirement of certification prior to the second license registration renewal and pay the required registered pharmacy technician license registration fees. A student pharmacist may,

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under the supervision of a pharmacist, assist in the practice of pharmacy and perform any and all functions delegated to him or her by the pharmacist.

(d) Any person seeking licensure as a pharmacist who has graduated from a pharmacy program outside

the United States must register as a pharmacy technician and shall be considered a "student pharmacist" and be entitled to use the title "student pharmacist" while completing the 1,200 clinical hours of training

approved by the Board of Pharmacy described and for no more than 18 months after completion of these

hours. These individuals are not required to become registered certified pharmacy technicians while completing their Board approved clinical training, but must become licensed as a pharmacist or become

licensed as a registered certified pharmacy technician before the second pharmacy technician license

registration renewal following completion of the Board approved clinical training. (e) The Department shall not renew the registered pharmacy technician license of any person who has

been licensed registered as a registered pharmacy technician with the designation "student pharmacist" who: (1) and has dropped out of or been expelled from an ACPE accredited college of pharmacy ; (2) ,

who has failed to complete his or her 1,200 hours of Board approved clinical training within 24 months ;

or (3) who has failed the pharmacist licensure examination 3 times . The Department and shall require these individuals to meet the requirements of and become licensed registered as a registered certified

pharmacy technician.

(f) The Department may take any action set forth in Section 30 of this Act with regard to a license

registrations pursuant to this Section.

(g) Any person who is enrolled in a non-traditional Pharm.D. program at an ACPE accredited college

of pharmacy and is a licensed as a registered pharmacist under the laws of another United States jurisdiction shall be permitted to engage in the program of practice experience required in the academic

program by virtue of such license. Such person shall be exempt from the requirement of licensure

registration as a registered pharmacy technician or registered certified pharmacy technician while engaged in the program of practice experience required in the academic program.

An applicant for licensure registration as a registered pharmacy technician may assist a pharmacist in

the practice of pharmacy for a period of up to 60 days prior to the issuance of a license certificate of registration if the applicant has submitted the required fee and an application for licensure registration to

the Department. The applicant shall keep a copy of the submitted application on the premises where the

applicant is assisting in the practice of pharmacy. The Department shall forward confirmation of receipt of the application with start and expiration dates of practice pending licensure registration.

(Source: P.A. 98-718, eff. 1-1-15; 99-473, eff. 1-1-17.)


Sec. 9.5. Registered certified pharmacy technician.

(a) An individual licensed registered as a registered pharmacy technician under this Act may be licensed registered as a registered certified pharmacy technician, if he or she meets all of the following

requirements:

(1) He or she has submitted a written application in the form and manner prescribed by the Department.

(2) He or she has attained the age of 18.

(3) He or she is of good moral character, as determined by the Department. (4) He or she has (i) graduated from pharmacy technician training meeting the

requirements set forth in subsection (a) of Section 17.1 of this Act or (ii) obtained documentation from

the pharmacist-in-charge of the pharmacy where the applicant is employed verifying that he or she has successfully completed a training program and has successfully completed an objective assessment

mechanism prepared in accordance with rules established by the Department.

(5) He or she has successfully passed an examination accredited by the National Commission for Certifying Agencies, as approved and required by the Board or by rule.

(6) He or she has paid the required licensure certification fees.

(b) No pharmacist whose license has been denied, revoked, suspended, or restricted for disciplinary purposes may be eligible to be registered as a certified pharmacy technician unless authorized by order of

the Department as a condition of restoration from revocation, suspension, or restriction.

(c) The Department may, by rule, establish any additional requirements for licensure certification under this Section.

(d) A person who is not a licensed registered pharmacy technician and meets the requirements of this

Section may be licensed register as a registered certified pharmacy technician without first being licensed registering as a registered pharmacy technician.

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(e) As a condition for the renewal of a license certificate of registration as a registered certified pharmacy technician, the licensee registrant shall provide evidence to the Department of completion of a total of 20

hours of continuing pharmacy education during the 24 months preceding the expiration date of the

certificate as established by rule. One hour of continuing pharmacy education must be in the subject of pharmacy law. One hour of continuing pharmacy education must be in the subject of patient safety. The

continuing education shall be approved by the Accreditation Council on Pharmacy Education.

The Department may shall establish by rule a means for the verification of completion of the continuing education required by this subsection (e). This verification may be accomplished through audits of records

maintained by licensees registrants, by requiring the filing of continuing education certificates with the

Department or a qualified organization selected by the Department to maintain such records, or by other means established by the Department.

Rules developed under this subsection (e) may provide for a reasonable annual fee, not to exceed $20, to fund the cost of such recordkeeping. The Department may shall, by rule, further provide an orderly

process for the restoration reinstatement of a license registration that has not been renewed due to the

failure to meet the continuing pharmacy education requirements of this subsection (e). The Department may waive the requirements of continuing pharmacy education, in whole or in part, in cases of extreme

hardship as defined by rule of the Department. The waivers may shall be granted for not more than one of

any 3 consecutive renewal periods.

(Source: P.A. 99-473, eff. 1-1-17.)

(225 ILCS 85/10) (from Ch. 111, par. 4130)

(Section scheduled to be repealed on January 1, 2018) Sec. 10. State Board of Pharmacy.

(a) There is created in the Department the State Board of Pharmacy. It shall consist of 9 members, 7 of

whom shall be licensed pharmacists. Each of those 7 members must be a licensed pharmacist in good standing in this State, a graduate of an accredited college of pharmacy or hold a Bachelor of Science degree

in Pharmacy and have at least 5 years' practical experience in the practice of pharmacy subsequent to the

date of his licensure as a licensed pharmacist in the State of Illinois. There shall be 2 public members, who shall be voting members, who shall not be engaged in any way, directly or indirectly, as providers of health

care licensed pharmacists in this State or any other state.

(b) Each member shall be appointed by the Governor. (c) Members shall be appointed to 5 year terms. The Governor shall fill any vacancy for the remainder

of the unexpired term. Partial terms over 3 years in length shall be considered full terms. A member may

be reappointed for a successive term, but no member shall serve more than 2 full terms in his or her lifetime.

(d) In making the appointment of members on the Board, the Governor shall give due consideration to

recommendations by the members of the profession of pharmacy and by pharmacy organizations therein. The Governor shall notify the pharmacy organizations promptly of any vacancy of members on the Board

and in appointing members shall give consideration to individuals engaged in all types and settings of

pharmacy practice. (e) The Governor may remove any member of the Board for misconduct, incapacity, or neglect of duty,

and he or she shall be the sole judge of the sufficiency of the cause for removal.

(f) Each member of the Board shall be reimbursed for such actual and legitimate expenses as he or she may incur in going to and from the place of meeting and remaining there thereat during sessions of the

Board. In addition, each member of the Board may receive a per diem payment in an amount determined

from time to time by the Director for attendance at meetings of the Board and conducting other official business of the Board.

(g) The Board shall hold quarterly meetings at such times and places and upon notice as the Department

may determine and as its business may require. A majority of the Board members currently appointed shall constitute a quorum. A vacancy in the membership of the Board shall not impair the right of a quorum to

exercise all the rights and perform all the duties of the Board.

(h) The Board shall exercise the rights, powers and duties which have been vested in the Board under this Act, and any other duties conferred upon the Board by law.

(Source: P.A. 95-689, eff. 10-29-07.)


Sec. 11. Duties of the Department. The Department shall exercise the powers and duties prescribed by

the Civil Administrative Code of Illinois for the administration of Licensing Acts and shall exercise such other powers and duties necessary for effectuating the purpose of this Act. The powers and duties of the

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Department also include However, the following powers and duties shall be exercised only upon review of the Board of Pharmacy to take such action:

(a) Formulation of Formulate such rules, not inconsistent with law and subject to the Illinois

Administrative Procedure Act, as may be necessary to carry out the purposes and enforce the provisions of this Act. The Secretary Director may grant variances from any such rules as provided for in this Section

. ;

(b) The suspension, revocation, placing on probationary status, reprimand, and refusing to issue or restore , or taking any other disciplinary or non-disciplinary action against any license or certificate of

registration issued under the provisions of this Act for the reasons set forth in Section 30 of this Act.

(c) The issuance, renewal, restoration, or reissuance of any license or certificate which has been previously refused to be issued or renewed, or has been revoked, suspended or placed on probationary

status. (c-5) The granting of variances from rules promulgated pursuant to this Section in individual cases

where there is a finding that:

(1) the provision from which the variance is granted is not statutorily mandated; (2) no party will be injured by the granting of the variance; and

(3) the rule from which the variance is granted would, in the particular case, be

unreasonable or unnecessarily burdensome.

The Secretary Director shall give consideration to the recommendations of notify the State Board of

Pharmacy regarding of the granting of such variance and the reasons therefor, at the next meeting of the

Board. (d) The Secretary shall appoint a chief pharmacy coordinator who and at least 2 deputy pharmacy

coordinators, all of whom shall be a licensed pharmacist registered pharmacists in good standing in this

State, shall be a graduate graduates of an accredited college of pharmacy or hold, at a minimum, a bachelor of science degree in pharmacy, and shall have at least 5 years of experience in the practice of pharmacy

immediately prior to his or her appointment. The chief pharmacy coordinator shall be the executive

administrator and the chief enforcement officer of this Act. The deputy pharmacy coordinators shall report to the chief pharmacy coordinator. The Secretary shall assign at least one deputy pharmacy coordinator to

a region composed of Cook County and such other counties as the Secretary may deem appropriate, and

such deputy pharmacy coordinator shall have his or her primary office in Chicago. The Secretary shall assign at least one deputy pharmacy coordinator to a region composed of the balance of counties in the

State, and such deputy pharmacy coordinator shall have his or her primary office in Springfield.

(e) The Department Secretary shall, in conformity with the Personnel Code, employ such pharmacy investigators as deemed necessary not less than 4 pharmacy investigators who shall report to the chief

pharmacy coordinator or a deputy pharmacy coordinator. Each pharmacy investigator shall be a licensed

pharmacist unless employed as a pharmacy investigator on or before August 27, 2015 (the effective date of Public Act 99-473) this amendatory Act of the 99th General Assembly. The Department shall also

employ at least one attorney to prosecute violations of this Act and its rules. The Department may, in

conformity with the Personnel Code, employ such clerical and other employees as are necessary to carry out the duties of the Board and Department.

The duly authorized pharmacy investigators of the Department shall have the right to enter and inspect,

during business hours, any pharmacy or any other place in this State holding itself out to be a pharmacy where medicines, drugs or drug products, or proprietary medicines are sold, offered for sale, exposed for

sale, or kept for sale.



Sec. 12. Expiration of license; renewal. (a) The expiration date and renewal period for each license and certificate of registration issued under

this Act shall be set by rule.

(b) As a condition for the renewal of a license certificate of registration as a pharmacist, the licensee registrant shall provide evidence to the Department of completion of a total of 30 hours of pharmacy

continuing education during the 24 months preceding the expiration date of the certificate. Such continuing

education shall be approved by the Accreditation Council on Pharmacy Education. (c) The Department may shall establish by rule a means for the verification of completion of the

continuing education required by this Section. This verification may be accomplished through audits of

records maintained by licensees registrants, by requiring the filing of continuing education certificates with the Department or a qualified organization selected by the Department to maintain such records or

by other means established by the Department.

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(d) Rules developed under this Section may provide for a reasonable biennial fee, not to exceed $20, to fund the cost of such recordkeeping. The Department may shall, by rule, further provide an orderly process

for the restoration reinstatement of licenses which have not been renewed due to the failure to meet the

continuing education requirements of this Section. The requirements of continuing education may be waived, in whole or in part, in cases of extreme hardship as defined by rule of the Department. Such

waivers shall be granted for not more than one of any 3 consecutive renewal periods.

(e) Any pharmacist who has permitted his license to expire or who has had his license on inactive status may have his license restored by making application to the Department and filing proof acceptable to the

Department of his fitness to have his license restored, and by paying the required restoration fee. The

Department shall determine, by an evaluation program established by rule his fitness for restoration of his license and shall establish procedures and requirements for such restoration. However, any pharmacist

who demonstrates that he has continuously maintained active practice in another jurisdiction pursuant to a license in good standing, and who has substantially complied with the continuing education requirements

of this Section shall not be subject to further evaluation for purposes of this Section.

(f) Any licensee who shall engage in the practice for which his or her license was issued while the license is expired or on inactive status shall be considered to be practicing without a license which, shall

be grounds for discipline under Section 30 of this Act.

(g) Any pharmacy operating on an expired license is engaged in the unlawful practice of pharmacy and

is subject to discipline under Section 30 of this Act. A pharmacy whose license has been expired for one

year or more may not have its license restored but must apply for a new license and meet all requirements

for licensure. Any pharmacy whose license has been expired for less than one year may apply for restoration of its license and shall have its license restored.

(h) However, any pharmacist whose license expired while he was (1) in Federal Service on active duty

with the Armed Forces of the United States, or the State Militia called into service or training, or (2) in training or education under the supervision of the United States preliminary to induction into the military

service, may have his license or certificate restored without paying any lapsed renewal fees, if within 2

years after honorable termination of such service, training or education he furnishes the Department with satisfactory evidence to the effect that he has been so engaged and that his service, training or education

has been so terminated.



Sec. 13. Inactive status. (a) Any pharmacist, registered certified pharmacy technician, or registered pharmacy technician who

notifies the Department, in writing or electronically on forms prescribed by the Department, may elect to

place his or her license on an inactive status and shall be excused from payment of renewal fees and completion of continuing education requirements until he or she notifies the Department in writing of his

or her intent to restore his license.

(b) Any pharmacist, registered certified pharmacy technician, or registered pharmacy pharmacist technician requesting restoration from inactive status shall be required to pay the current renewal fee and

shall be required to restore his or her license or certificate, as provided by rule of the Department.

(c) Any pharmacist, registered certified pharmacy technician, or registered pharmacy pharmacist technician whose license is in inactive status shall not practice in the State of Illinois.

(d) A pharmacy license may not be placed on inactive status.

(e) Continued practice on a license which has lapsed or been placed on inactive status shall be considered to be practicing without a license.

(Source: P.A. 95-689, eff. 10-29-07.)


Sec. 15. Pharmacy requirements.

(1) It shall be unlawful for the owner of any pharmacy, as defined in this Act, to operate or conduct the same, or to allow the same to be operated or conducted, unless:

(a) It has a licensed pharmacist, authorized to practice pharmacy in this State under

the provisions of this Act, on duty whenever the practice of pharmacy is conducted;

(b) Security provisions for all drugs and devices, as determined by rule of the

Department, are provided during the absence from the licensed pharmacy of all licensed pharmacists.

Maintenance of security provisions is the responsibility of the licensed pharmacist in charge; and

(c) The pharmacy is licensed under this Act to conduct the practice of pharmacy in any

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and all forms from the physical address of the pharmacy's primary inventory where U.S. mail is delivered. If a facility, company, or organization operates multiple pharmacies from multiple physical

addresses, a separate pharmacy license is required for each different physical address.

(2) The Department may allow a pharmacy that is not located at the same location as its home pharmacy and at which pharmacy services are provided during an emergency situation, as defined by rule, to be

operated as an emergency remote pharmacy. An emergency remote pharmacy operating under this

subsection (2) shall operate under the license of the home pharmacy. (3) The Secretary may waive the requirement for a pharmacist to be on duty at all times for State

facilities not treating human ailments. This waiver of the requirement remains in effect until it is rescinded

by the Secretary and the Department provides written notice of the rescission to the State facility. (4) It shall be unlawful for any person, who is not a licensed pharmacy or health care facility, to purport

to be such or to use in name, title, or sign designating, or in connection with that place of business, any of the words: "pharmacy", "pharmacist", "pharmacy department", "apothecary", "druggist", "drug", "drugs",

"medicines", "medicine store", "drug sundries", "prescriptions filled", or any list of words indicating that

drugs are compounded or sold to the lay public, or prescriptions are dispensed therein. Each day during which, or a part which, such representation is made or appears or such a sign is allowed to remain upon or

in such a place of business shall constitute a separate offense under this Act.

(5) The holder of any license or certificate of registration shall conspicuously display it in the pharmacy

in which he is engaged in the practice of pharmacy. The pharmacist in charge shall conspicuously display

his name in such pharmacy. The pharmacy license shall also be conspicuously displayed.

(Source: P.A. 95-689, eff. 10-29-07; 96-219, eff. 8-10-09; 96-1000, eff. 7-2-10.) (225 ILCS 85/16) (from Ch. 111, par. 4136)


Sec. 16. The Department shall require and provide for the licensure of every pharmacy doing business in this State. Such licensure shall expire 30 days after the pharmacist in charge dies or is no longer

employed by or leaves the place where the pharmacy is licensed or after such pharmacist's license has been

suspended or revoked. In the event the designated pharmacist in charge dies or otherwise ceases to function in that capacity, or

when the license of the pharmacist in charge has been suspended or revoked, the owner of the pharmacy

shall be required to notify the Department, on forms provided by the Department, of the identity of the new pharmacist in charge.

It is the duty of every pharmacist in charge who ceases to function in that capacity to report to the

Department within 30 days of the date on which he ceased such functions for such pharmacy. It is the duty of every owner of a pharmacy licensed under this Act to report to the Department within 30 days of the

date on which the pharmacist in charge died or ceased to function in that capacity and to specify a new

pharmacist in charge. Failure to provide such notification to the Department shall be grounds for disciplinary action.

No license shall be issued to any pharmacy unless such pharmacy has a pharmacist in charge and each

such pharmacy license shall indicate on the face thereof the pharmacist in charge. (Source: P.A. 95-689, eff. 10-29-07.)

(225 ILCS 85/16a) (from Ch. 111, par. 4136a)

(Section scheduled to be repealed on January 1, 2018) Sec. 16a. (a) The Department shall establish rules and regulations, consistent with the provisions of this

Act, governing nonresident pharmacies, including pharmacies providing services via the Internet, which

sell, or offer for sale, drugs, medicines, or other pharmaceutical services in this State. (b) The Department shall require and provide for a an annual nonresident special pharmacy license

registration for all pharmacies located outside of this State that dispense medications for Illinois residents

and mail, ship, or deliver prescription medications into this State. A nonresident Nonresident special pharmacy license registration shall be granted by the Department upon the disclosure and certification by

a pharmacy:

(1) that it is licensed in the state in which the dispensing facility is located and from which the drugs are dispensed;

(2) of the location, names, and titles of all principal corporate officers of the business and all

pharmacists who are dispensing drugs to residents of this State;

(3) that it complies with all lawful directions and requests for information from the

board of pharmacy of each state in which it is licensed or registered, except that it shall respond directly to all communications from the Board or Department concerning any circumstances arising from the

dispensing of drugs to residents of this State;

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(4) that it maintains its records of drugs dispensed to residents of this State so that the records are readily retrievable from the records of other drugs dispensed;

(5) that it cooperates with the Board or Department in providing information to the

board of pharmacy of the state in which it is licensed concerning matters related to the dispensing of drugs to residents of this State; and

(6) that during its regular hours of operation, but not less than 6 days per week, for a

minimum of 40 hours per week, a toll-free telephone service is provided to facilitate communication between patients in this State and a pharmacist at the nonresident pharmacy who has access to the

patients' records. The toll-free number must be disclosed on the label affixed to each container of drugs

dispensed to residents of this State.

(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)


Sec. 17. Disposition of legend drugs on cessation of pharmacy operations.

(a) The pharmacist in charge of a pharmacy which has its pharmacy license revoked or otherwise ceases operation shall notify the Department and forward to the Department a copy of the closing inventory of

controlled substances and a statement indicating the intended manner of disposition of all legend drugs

and prescription files within 30 days of such revocation or cessation of operation.

(b) The Department shall approve the intended manner of disposition of all legend drugs prior to

disposition of such drugs by the pharmacist in charge.

(1) The Department shall notify the pharmacist in charge of approval of the manner of

disposition of all legend drugs, or disapproval accompanied by reasons for such disapproval, within 30

days of receipt of the statement from the pharmacist in charge. In the event that the manner of disposition

is not approved, the pharmacist in charge shall notify the Department of an alternative manner of disposition within 30 days of the receipt of disapproval.

(2) If disposition of all legend drugs does not occur within 30 days after approval is

received from the Department, or if no alternative method of disposition is submitted to the Department within 30 days of the Department's disapproval, the Secretary Director shall notify the pharmacist in

charge by mail at the address of the closing pharmacy, of the Department's intent to confiscate all legend

drugs. The Notice of Intent to Confiscate shall be the final administrative decision of the Department, as that term is defined in the Administrative Review Law, and the confiscation of all prescription drugs

shall be effected.

(b-5) In the event that the pharmacist in charge has died or is otherwise physically incompetent to perform the duties of this Section, the owner of a pharmacy that has its license revoked or otherwise ceases

operation shall be required to fulfill the duties otherwise imposed upon the pharmacist in charge.

(c) The pharmacist in charge of a pharmacy which acquires prescription files from a pharmacy which ceases operation shall be responsible for the preservation of such acquired prescriptions for the remainder

of the term that such prescriptions are required to be preserved by this Act.

(d) Failure to comply with this Section shall be grounds for denying an application or renewal application for a pharmacy license or for disciplinary action against a license registration.

(e) Compliance with the provisions of the Illinois Controlled Substances Act concerning the disposition

of controlled substances shall be deemed compliance with this Section with respect to legend drugs which are controlled substances.

(Source: P.A. 95-689, eff. 10-29-07.)


Sec. 17.1. Registered pharmacy Pharmacy technician training.

(a) Beginning January 1, 2004, it shall be the joint responsibility of a pharmacy and its pharmacist in charge to have trained all of its registered pharmacy technicians or obtain proof of prior training in all of

the following topics as they relate to the practice site:

(1) The duties and responsibilities of the technicians and pharmacists. (2) Tasks and technical skills, policies, and procedures.

(3) Compounding, packaging, labeling, and storage.

(4) Pharmaceutical and medical terminology. (5) Record keeping requirements.

(6) The ability to perform and apply arithmetic calculations.

(b) Within 6 months after initial employment or changing the duties and responsibilities of a registered pharmacy technician, it shall be the joint responsibility of the pharmacy and the pharmacist in charge to

train the registered pharmacy technician or obtain proof of prior training in the areas listed in subsection

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(a) of this Section as they relate to the practice site or to document that the pharmacy technician is making appropriate progress.

(c) All pharmacies shall maintain an up-to-date training program describing the duties and

responsibilities of a registered pharmacy technician. (d) All pharmacies shall create and maintain retrievable records of training or proof of training as

required in this Section.



Sec. 18. Record retention. There Except as provided in subsection (b), there shall be kept in every drugstore or pharmacy a suitable book, file, or electronic record keeping system in which shall be

preserved for a period of not less than 5 years the original, or an exact, unalterable image, of every written prescription and the original transcript or copy of every verbal prescription filled, compounded, or

dispensed, in such pharmacy; and such book , or file , or electronic record keeping system of prescriptions

shall at all reasonable times be open to inspection to the chief pharmacy coordinator and the duly authorized agents or employees of the Department.

Every prescription filled or refilled shall contain the unique identifiers of the persons authorized to

practice pharmacy under the provision of this Act who fills or refills the prescription.

Records kept pursuant to this Section may be maintained in an alternative data retention system, such

as a direct digital imaging system, provided that:

(1) the records maintained in the alternative data retention system contain all of the information required in a manual record;

(2) the data processing system is capable of producing a hard copy of the electronic

record on the request of the Board, its representative, or other authorized local, State, or federal law enforcement or regulatory agency;

(3) the digital images are recorded and stored only by means of a technology that does

not allow subsequent revision or replacement of the images; and

(4) the prescriptions may be retained in written form or recorded in a data processing

system, provided that such order can be produced in printed form upon lawful request.

As used in this Section, "digital imaging system" means a system, including people, machines, methods of organization, and procedures, that provides input, storage, processing, communications, output, and

control functions for digitized representations of original prescription records.

Inpatient drug orders may be maintained within an institution in a manner approved by the Department. (Source: P.A. 94-84, eff. 6-28-05; 95-689, eff. 10-29-07.)

(225 ILCS 85/19) (from Ch. 111, par. 4139)

(Section scheduled to be repealed on January 1, 2018) Sec. 19. Nothing contained in this Act shall be construed to prohibit a pharmacist licensed in this State

from filling or refilling a valid prescription for prescription drugs which is on file in a pharmacy licensed

in any state and has been transferred from one pharmacy to another by any means, including by way of electronic data processing equipment upon the following conditions and exceptions:

(1) Prior to dispensing pursuant to any such prescription, the dispensing pharmacist shall:

(a) Advise the patient that the prescription on file at such other pharmacy must be canceled before he or she will be able to fill or refill it.

(b) Determine that the prescription is valid and on file at such other pharmacy and that

such prescription may be filled or refilled, as requested, in accordance with the prescriber's intent expressed on such prescription.

(c) Notify the pharmacy where the prescription is on file that the prescription must be

canceled.

(d) Record in writing or electronically the prescription order, the name of the pharmacy at which the

prescription was on file, the prescription number, the name of the drug and the original amount

dispensed, the date of original dispensing, and the number of remaining authorized refills.

(e) Obtain the consent of the prescriber to the refilling of the prescription when the

prescription, in the professional judgment of the dispensing pharmacist, so requires.

(2) Upon receipt of a request for prescription information set forth in subparagraph (d) of paragraph (1) of this Section, if the requested pharmacist is satisfied in his professional judgment that such request is

valid and legal, the requested pharmacist shall:

(a) Provide such information accurately and completely. (b) Record electronically or, if in writing, on the face of the prescription, the name

of the requesting pharmacy and pharmacist and the date of request.

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(c) Cancel the prescription on file by writing the word "void" on its face or the

electronic equivalent, if not in written format. No further prescription information shall be given or

medication dispensed pursuant to such original prescription.

(3) In the event that, after the information set forth in subparagraph (d) of paragraph (1) of this Section has been provided, a prescription is not dispensed by the requesting pharmacist, then such pharmacist shall

provide notice of this fact to the pharmacy from which such information was obtained; such notice shall

then cancel the prescription in the same manner as set forth in subparagraph (c) of paragraph (2) of this Section.

(4) When filling or refilling a valid prescription on file in another state, the dispensing pharmacist shall

be required to follow all the requirements of Illinois law which apply to the dispensing of prescription drugs. If anything in Illinois law prevents the filling or refilling of the original prescription it shall be

unlawful to dispense pursuant to this Section. (5) Prescriptions for drugs in Schedules III, IV, and V of the Illinois Controlled Substances Act may be

transferred only once and may not be further transferred. However, pharmacies electronically sharing a

real-time, online database may transfer up to the maximum refills permitted by the law and the prescriber's authorization.

(Source: P.A. 95-689, eff. 10-29-07.)

(225 ILCS 85/20) (from Ch. 111, par. 4140)


Sec. 20. Dispensing systems.

(a) Two or more pharmacies may establish and use a common electronic file to maintain required dispensing information.

(b) Pharmacies using such a common electronic file are not required to physically transfer prescriptions

or information for dispensing purposes between or among pharmacies participating in the same common prescription file; provided, however any such common file must contain complete and adequate records

of such prescription and refill dispensed as stated in Section 18.

(c) The Department and Board may formulate such rules and regulations, not inconsistent with law, as may be necessary to carry out the purposes of and to enforce the provisions of this Section within the

following exception: The Department and Board shall not impose greater requirements on either common

electronic files or a hard copy record system. (d) Drugs shall in no event be dispensed more frequently or in larger amounts than the prescriber ordered

without direct prescriber authorization by way of a new prescription order.

(e) The dispensing by a pharmacist licensed in this State or another state of a prescription contained in a common database shall not constitute a transfer, provided that (1) (i) all pharmacies involved in the

transactions pursuant to which the prescription is dispensed and all pharmacists engaging in dispensing

functions are properly licensed, permitted, or registered in this State or another jurisdiction, (2) (ii) a policy and procedures manual that governs all participating pharmacies and pharmacists is available to the

Department upon request and includes the procedure for maintaining appropriate records for regulatory

oversight for tracking a prescription during each stage of the filling and dispensing process, and (3) (iii) the pharmacists involved in filling and dispensing the prescription and counseling the patient are identified.

A pharmacist shall be accountable only for the specific tasks performed.

(f) Nothing in this Section shall prohibit a pharmacist who is exercising his or her professional judgment from dispensing additional quantities of medication up to the total number of dosage units authorized by

the prescriber on the original prescription and any refills.



Sec. 22. Except only in the case of a drug, medicine or poison which is lawfully sold or dispensed, at retail, in the original and unbroken package of the manufacturer, packer, or distributor thereof, and which

package bears the original label thereon showing the name and address of the manufacturer, packer, or

distributor thereof, and the name of the drug, medicine, or poison therein contained, and the directions for its use, no person shall sell or dispense, at retail, any drug, medicine, or poison, without affixing to the

box, bottle, vessel, or package containing the same, a label bearing the name of the article distinctly shown,

and the directions for its use, with the name and address of the pharmacy wherein the same is sold or dispensed. However, in the case of a drug, medicine, or poison which is sold or dispensed pursuant to a

prescription of a physician licensed to practice medicine in all of its branches, a physician assistant in

accordance with subsection (f) of Section 4 of this Act, an advanced practice registered nurse in accordance with subsection (g) of Section 4 of this Act, a licensed dentist, a licensed veterinarian, a licensed podiatric

physician, or a licensed therapeutically or diagnostically certified optometrist authorized by law to

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prescribe drugs or medicines or poisons, the label affixed to the box, bottle, vessel, or package containing the same shall show: (a) the name and address of the pharmacy wherein the same is sold or dispensed; (b)

the name or initials of the person, authorized to practice pharmacy under the provisions of this Act, selling

or dispensing the same, (c) the date on which such prescription was filled; (d) the name of the patient; (e) the serial number of such prescription as filed in the prescription files; (f) the last name of the practitioner

who prescribed such prescriptions; (g) the directions for use thereof as contained in such prescription; and

(h) the proprietary name or names or the established name or names of the drugs, the dosage and quantity, except as otherwise authorized by rule regulation of the Department.

(Source: P.A. 98-214, eff. 8-9-13.)

(225 ILCS 85/22b) (Section scheduled to be repealed on January 1, 2018)

Sec. 22b. Automated pharmacy systems; remote dispensing. (a) Automated pharmacy systems must have adequate security and procedures to comply with federal

and State laws and regulations and maintain patient confidentiality, as defined by rule.

(b) Access to and dispensing from an automated pharmacy system shall be limited to pharmacists or personnel who are designated in writing by the pharmacist-in-charge and have completed documented

training concerning their duties associated with the automated pharmacy system.

(c) All drugs stored in relation to an automated pharmacy system must be stored in compliance with this

Act and the rules adopted under this Act, including the requirements for temperature, proper storage

containers, handling of outdated drugs, prescription dispensing, and delivery.

(d) An automated pharmacy system operated from a remote site shall be under the continuous supervision of a home pharmacy pharmacist. To qualify as continuous supervision, the pharmacist is not

required to be physically present at the site of the automated pharmacy system if the system is supervised

electronically by a pharmacist, as defined by rule. (e) Drugs may only be dispensed at a remote site through an automated pharmacy system after receipt

of an original prescription drug order by a pharmacist at the home pharmacy. A pharmacist at the home

pharmacy must control all operations of the automated pharmacy system and approve the release of the initial dose of a prescription drug order. Refills from an approved prescription drug order may be removed

from the automated medication system after this initial approval. Any change made in the prescription

drug order shall require a new approval by a pharmacist to release the drug. (f) If an automated pharmacy system uses removable cartridges or containers to store a drug, the

stocking or restocking of the cartridges or containers may occur at a licensed wholesale drug distributor

and be sent to the home pharmacy to be loaded after pharmacist verification by personnel designated by the pharmacist, provided that the individual cartridge or container is transported to the home pharmacy in

a secure, tamper evident container. An automated pharmacy system must use a bar code verification or

weight verification or electronic verification or similar process to ensure that the cartridge or container is accurately loaded into the automated pharmacy system. The pharmacist verifying the filling and labeling

shall be responsible for ensuring that the cartridge or container is stocked or restocked correctly by

personnel designated to load the cartridges or containers who are either registered pharmacy technicians or registered certified pharmacy technicians employed by the home pharmacy. An automated pharmacy

system must use a bar code verification, electronic, or similar process, as defined by rule, to ensure that

the proper medication is dispensed from the automated system. A record of each transaction with the automated pharmacy system must be maintained for 5 years. A prescription dispensed from an automated

pharmacy system shall be deemed to have been approved by the pharmacist. No automated pharmacy

system shall be operated prior to inspection and approval by the Department. (Source: P.A. 95-689, eff. 10-29-07.)

(225 ILCS 85/25.10)

(Section scheduled to be repealed on January 1, 2018) Sec. 25.10. Remote prescription processing.

(a) In this Section, "remote prescription processing" means and includes the outsourcing of certain

prescription functions to another pharmacy or licensed non-resident pharmacy, including the dispensing of drugs. "Remote prescription processing" includes any of the following activities related to the

dispensing process:

(1) Receiving, interpreting, evaluating, or clarifying prescriptions. (2) Entering prescription and patient data into a data processing system.

(3) Transferring prescription information.

(4) Performing a drug regimen review. (5) Obtaining refill or substitution authorizations or otherwise communicating with the

prescriber concerning a patient's prescription.

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(6) Evaluating clinical data for prior authorization for dispensing. (7) Discussing therapeutic interventions with prescribers.

(8) Providing drug information or counseling concerning a patient's prescription to the

patient or patient's agent, as defined in this Act.

(b) A pharmacy may engage in remote prescription processing under the following conditions:

(1) The pharmacies shall either have the same owner or have a written contract

describing the scope of services to be provided and the responsibilities and accountabilities of each pharmacy in compliance with all federal and State laws and regulations related to the practice of

pharmacy.

(2) The pharmacies shall share a common electronic file or have technology that allows sufficient information necessary to process a non-dispensing function.

(3) The records may be maintained separately by each pharmacy or in common electronic

file shared by both pharmacies, provided that the system can produce a record at either location that

shows showing each processing task, the identity of the person performing each task, and the location

where each task was performed.

(c) Nothing in this Section shall prohibit an individual employee licensed as a pharmacist from accessing

the employer pharmacy's database from a pharmacist's home or other remote location or home verification

for the purpose of performing certain prescription processing functions, provided that the pharmacy

establishes controls to protect the privacy and security of confidential records.

(Source: P.A. 95-689, eff. 10-29-07.)


Sec. 25.15. Telepharmacy.

(a) In this Section, "telepharmacy" means the provision of pharmacist care by a pharmacist that is accomplished through the use of telecommunications or other technologies to patients or their agents who

are at a distance and are located within the United States, and which follows all federal and State laws,

rules, and regulations with regard to privacy and security. (b) Any pharmacy engaged in the practice of telepharmacy must meet all of the following conditions:

(1) All events involving the contents of an automated pharmacy system must be stored in

a secure location and may be recorded electronically.

(2) An automated pharmacy or prescription dispensing machine system may be used in

conjunction with the pharmacy's practice of telepharmacy after inspection and approval by the

Department.

(3) The pharmacist in charge shall:

(A) be responsible for the practice of telepharmacy performed at a remote pharmacy,

including the supervision of any prescription dispensing machine or automated medication system;

(B) ensure that the home pharmacy has sufficient pharmacists on duty for the safe

operation and supervision of all remote pharmacies;

(C) ensure, through the use of a video and auditory communication system, that a registered

certified pharmacy technician at the remote pharmacy has accurately and correctly prepared any

prescription for dispensing according to the prescription;

(D) be responsible for the supervision and training of registered certified pharmacy technicians at remote pharmacies who shall be subject to all rules and regulations; and

(E) ensure that patient counseling at the remote pharmacy is performed by a

pharmacist or student pharmacist.

(Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)

(225 ILCS 85/27) (from Ch. 111, par. 4147)

(Section scheduled to be repealed on January 1, 2018) Sec. 27. Fees.

(a) The Department shall, by rule, provide for a schedule of fees to be paid for licenses and certificates.

These fees shall be for the administration and enforcement of this Act, including without limitation original licensure and renewal and restoration of licensure. All fees are nonrefundable.

(b) Applicants for any examination as a pharmacist shall be required to pay, either to the Department or

to the designated testing service, a fee covering the cost of determining an applicant's eligibility and providing the examination. Failure to appear for the examination on the scheduled date, at the time and

place specified, after the applicant's application for examination has been received and acknowledged by

the Department or the designated testing service, shall result in the forfeiture of the examination fee. (c) Applicants for the preliminary diagnostic examination shall be required to pay, either to the

Department or to the designated testing service, a fee covering the cost of determining an applicant's

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eligibility and providing the examination. Failure to appear for the examination on the scheduled date, at the time and place specified, after the application for examination has been received and acknowledged

by the Department or the designated testing service, shall result in the forfeiture of the examination fee.

(d) All fees, fines, or penalties received by the Department under this Act shall be deposited in the Illinois State Pharmacy Disciplinary Fund hereby created in the State Treasury and shall be used by the

Department in the exercise of its powers and performance of its duties under this Act, including, but not

limited to, the provision for evidence in pharmacy investigations. Moneys in the Fund may be transferred to the Professions Indirect Cost Fund as authorized under

Section 2105-300 of the Department of Professional Regulation Law (20 ILCS 2105/2105-300).

The moneys deposited in the Illinois State Pharmacy Disciplinary Fund shall be invested to earn interest which shall accrue to the Fund.

(e) From the money received for license renewal fees, $5 from each pharmacist fee, and $2.50 from each pharmacy technician fee, shall be set aside within the Illinois State Pharmacy Disciplinary Fund for

the purpose of supporting a substance abuse program for pharmacists and pharmacy technicians.

(f) A pharmacy, manufacturer of controlled substances, or wholesale distributor of controlled substances that is licensed under this Act and owned and operated by the State is exempt from licensure, registration,

renewal, and other fees required under this Act.

Pharmacists and pharmacy technicians working in facilities owned and operated by the State are not

exempt from the payment of fees required by this Act and any rules adopted under this Act.

Nothing in this subsection (f) shall be construed to prohibit the Department from imposing any fine or

other penalty allowed under this Act. (Source: P.A. 95-689, eff. 10-29-07.)

(225 ILCS 85/28) (from Ch. 111, par. 4148)

(Section scheduled to be repealed on January 1, 2018) Sec. 28. Returned checks; fines. Any person who delivers a check or other payment to the Department

that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to

the Department, in addition to the amount already owed to the Department, a fine of $50. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed

practice or practice on a nonrenewed license. The Department shall notify the person that payment of fees

and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to

submit the necessary remittance, the Department shall automatically terminate the license or certificate or

deny the application, without hearing. If, after termination or denial, the person seeks a license or certificate, he or she shall apply to the Department for restoration or issuance of the license or certificate

and pay all fees and fines due to the Department. The Department may establish a fee for the processing

of an application for restoration of a license or certificate to pay all expenses of processing this application. The Secretary Director may waive the fines due under this Section in individual cases where the Secretary

Director finds that the fines would be unreasonable or unnecessarily burdensome.



Sec. 30. Refusal, revocation, or suspension , or other discipline. (a) The Department may refuse to issue or renew, or may revoke a license or registration, or may

suspend, place on probation, fine, or take any disciplinary or non-disciplinary action as the Department

may deem proper, including fines not to exceed $10,000 for each violation, with regard to any licensee or registrant for any one or combination of the following causes:

1. Material misstatement in furnishing information to the Department.

2. Violations of this Act, or the rules promulgated hereunder. 3. Making any misrepresentation for the purpose of obtaining licenses.

4. A pattern of conduct which demonstrates incompetence or unfitness to practice.

5. Aiding or assisting another person in violating any provision of this Act or rules. 6. Failing, within 60 days, to respond to a written request made by the Department for

information.

7. Engaging in unprofessional, dishonorable, or unethical conduct of a character likely to deceive, defraud or harm the public.

8. Adverse action taken by another state or jurisdiction against a license or other authorization to

practice as a pharmacy, pharmacist, registered certified pharmacy technician, or registered pharmacy technician that is the same or substantially equivalent to those set forth in this Section, a certified copy of

the record of the action taken by the other state or jurisdiction being prima facie evidence thereof.

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Discipline by another U.S. jurisdiction or foreign nation, if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth herein.

9. Directly or indirectly giving to or receiving from any person, firm, corporation,

partnership, or association any fee, commission, rebate or other form of compensation for any professional services not actually or personally rendered. Nothing in this item 9 affects any bona fide

independent contractor or employment arrangements among health care professionals, health facilities,

health care providers, or other entities, except as otherwise prohibited by law. Any employment arrangements may include provisions for compensation, health insurance, pension, or other employment

benefits for the provision of services within the scope of the licensee's practice under this Act. Nothing

in this item 9 shall be construed to require an employment arrangement to receive professional fees for services rendered.

10. A finding by the Department that the licensee, after having his license placed on probationary status has violated the terms of probation.

11. Selling or engaging in the sale of drug samples provided at no cost by drug

manufacturers.

12. Physical illness, including but not limited to, deterioration through the aging

process, or loss of motor skill which results in the inability to practice the profession with reasonable

judgment, skill or safety.

13. A finding that licensure or registration has been applied for or obtained by

fraudulent means.

14. Conviction by plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or sentencing, including, but not limited to, convictions, preceding sentences of supervision, conditional

discharge, or first offender probation, under the laws of any jurisdiction of the United States that is (i) a

felony or (ii) a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of pharmacy. The applicant or licensee has been convicted in state or federal court of or entered

a plea of guilty, nolo contendere, or the equivalent in a state or federal court to any crime which is a felony

or any misdemeanor related to the practice of pharmacy or which an essential element is dishonesty. 15. Habitual or excessive use or addiction to alcohol, narcotics, stimulants or any

other chemical agent or drug which results in the inability to practice with reasonable judgment, skill or

safety.

16. Willfully making or filing false records or reports in the practice of pharmacy,

including, but not limited to false records to support claims against the medical assistance program of

the Department of Healthcare and Family Services (formerly Department of Public Aid) under the Public Aid Code.

17. Gross and willful overcharging for professional services including filing false

statements for collection of fees for which services are not rendered, including, but not limited to, filing false statements for collection of monies for services not rendered from the medical assistance program

of the Department of Healthcare and Family Services (formerly Department of Public Aid) under the

Public Aid Code.

18. Dispensing prescription drugs without receiving a written or oral prescription in

violation of law.

19. Upon a finding of a substantial discrepancy in a Department audit of a prescription

drug, including controlled substances, as that term is defined in this Act or in the Illinois Controlled

Substances Act.

20. Physical or mental illness or any other impairment or disability, including, without

limitation: (A) deterioration through the aging process or loss of motor skills that results in the inability

to practice with reasonable judgment, skill or safety; , or (B) mental incompetence, as declared by a

court of competent jurisdiction.

21. Violation of the Health Care Worker Self-Referral Act.

22. Failing to sell or dispense any drug, medicine, or poison in good faith. "Good

faith", for the purposes of this Section, has the meaning ascribed to it in subsection (u) of Section 102 of the Illinois Controlled Substances Act. "Good faith", as used in this item (22), shall not be limited to

the sale or dispensing of controlled substances, but shall apply to all prescription drugs.

23. Interfering with the professional judgment of a pharmacist by any licensee registrant under this Act,

or the licensee's his or her agents or employees.

24. Failing to report within 60 days to the Department any adverse final action taken

against a pharmacy, pharmacist, registered pharmacy pharmacist technician, or registered certified

pharmacy pharmacist technician by another licensing jurisdiction in any other state or any territory of

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the United States or any foreign jurisdiction, any governmental agency, any law enforcement agency, or any court for acts or conduct similar to acts or conduct that would constitute grounds for discipline

as defined in this Section.

25. Failing to comply with a subpoena issued in accordance with Section 35.5 of this Act.

26. Disclosing protected health information in violation of any State or federal law.

27. Willfully failing to report an instance of suspected abuse, neglect, financial exploitation, or self-neglect of an eligible adult as defined in and required by the Adult Protective Services Act.

28. Being named as an abuser in a verified report by the Department on Aging under the Adult

Protective Services Act, and upon proof by clear and convincing evidence that the licensee abused, neglected, or financially exploited an eligible adult as defined in the Adult Protective Services Act.

(b) The Department may refuse to issue or may suspend the license or registration of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final

assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department

of Revenue, until such time as the requirements of any such tax Act are satisfied. (c) The Department shall revoke any the license or certificate of registration issued under the provisions

of this Act or any prior Act of this State of any person who has been convicted a second time of committing

any felony under the Illinois Controlled Substances Act, or who has been convicted a second time of

committing a Class 1 felony under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A person

whose license or certificate of registration issued under the provisions of this Act or any prior Act of this

State is revoked under this subsection (c) shall be prohibited from engaging in the practice of pharmacy in this State.

(d) Fines may be imposed in conjunction with other forms of disciplinary action, but shall not be the

exclusive disposition of any disciplinary action arising out of conduct resulting in death or injury to a patient. Fines shall be paid within 60 days or as otherwise agreed to by the Department. Any funds

collected from such fines shall be deposited in the Illinois State Pharmacy Disciplinary Fund.

(e) The entry of an order or judgment by any circuit court establishing that any person holding a license or certificate under this Act is a person in need of mental treatment operates as a suspension of that license.

A licensee may resume his or her practice only upon the entry of an order of the Department based upon

a finding by the Board that he or she has been determined to be recovered from mental illness by the court and upon the Board's recommendation that the licensee be permitted to resume his or her practice.

(f) The Department shall issue quarterly to the Board a status of all complaints related to the profession

received by the Department. (g) In enforcing this Section, the Board or the Department, upon a showing of a possible violation, may

compel any licensee or applicant for licensure under this Act to submit to a mental or physical examination

or both, as required by and at the expense of the Department. The examining physician, or multidisciplinary team involved in providing physical and mental examinations led by a physician

consisting of one or a combination of licensed physicians, licensed clinical psychologists, licensed clinical

social workers, licensed clinical professional counselors, and other professional and administrative staff, shall be those specifically designated by the Department. The Board or the Department may order the

examining physician or any member of the multidisciplinary team to present testimony concerning this

mental or physical examination of the licensee or applicant. No information, report, or other documents in any way related to the examination shall be excluded by reason of any common law or statutory privilege

relating to communication between the licensee or applicant and the examining physician or any member

of the multidisciplinary team. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of the examination. Failure of any individual to

submit to a mental or physical examination when directed shall result in the automatic suspension be

grounds for suspension of his or her license until such time as the individual submits to the examination if the Board finds, after notice and hearing, that the refusal to submit to the examination was without

reasonable cause. If the Board or Department finds a pharmacist, registered certified pharmacy technician,

or registered pharmacy technician unable to practice because of the reasons set forth in this Section, the Board or Department shall require such pharmacist, registered certified pharmacy technician, or registered

pharmacy technician to submit to care, counseling, or treatment by physicians or other appropriate health

care providers approved or designated by the Department Board as a condition for continued, reinstated, or renewed licensure to practice. Any pharmacist, registered certified pharmacy technician, or registered

pharmacy technician whose license was granted, continued, reinstated, renewed, disciplined, or

supervised, subject to such terms, conditions, or restrictions, and who fails to comply with such terms, conditions, or restrictions or to complete a required program of care, counseling, or treatment, as

determined by the chief pharmacy coordinator or a deputy pharmacy coordinator, shall be referred to the

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Secretary for a determination as to whether the licensee shall have his or her license suspended immediately, pending a hearing by the Board. In instances in which the Secretary immediately suspends a

license under this subsection (g), a hearing upon such person's license must be convened by the Board

within 15 days after such suspension and completed without appreciable delay. The Department and Board Board shall have the authority to review the subject pharmacist's, registered certified pharmacy

technician's, or registered pharmacy technician's record of treatment and counseling regarding the

impairment. (h) An individual or organization acting in good faith, and not in a willful and wanton manner, in

complying with this Section by providing a report or other information to the Board, by assisting in the

investigation or preparation of a report or information, by participating in proceedings of the Board, or by serving as a member of the Board shall not, as a result of such actions, be subject to criminal prosecution

or civil damages. (i) Members of the Board shall be indemnified by the State for any actions occurring within the scope

of services on the Board, done in good faith, and not willful and wanton in nature. The Attorney General

shall defend all such actions unless he or she determines either that there would be a conflict of interest in such representation or that the actions complained of were not in good faith or were willful and wanton.

If the Attorney General declines representation, the member shall have the right to employ counsel of

his or her choice, whose fees shall be provided by the State, after approval by the Attorney General, unless

there is a determination by a court that the member's actions were not in good faith or were willful and

wanton.

The member must notify the Attorney General within 7 days of receipt of notice of the initiation of any action involving services of the Board. Failure to so notify the Attorney General shall constitute an

absolute waiver of the right to a defense and indemnification.

The Attorney General shall determine, within 7 days after receiving such notice, whether he or she will undertake to represent the member.

(Source: P.A. 95-331, eff. 8-21-07; 95-689, eff. 10-29-07; 96-673, eff. 1-1-10; 96-1482, eff. 11-29-10.)


Sec. 30.5. Suspension of license or certificate for failure to pay restitution. The Department, without

further process or hearing, shall suspend the license issued under this Act or other authorization to practice of any person issued under this Act who has been certified by court order as not having paid restitution to

a person under Section 8A-3.5 of the Illinois Public Aid Code or under Section 17-10.5 or 46-1 of the

Criminal Code of 1961 or the Criminal Code of 2012. A person whose license or other authorization to practice is suspended under this Section is prohibited from practicing until the restitution is made in full.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)


Sec. 32. The Department shall render no final administrative decision relative to any application for a

license or certificate of registration under this Act if the applicant for such license or certificate of registration is the subject of a pending disciplinary proceeding under this Act or another Act administered

by the Department. For purposes of this Section "applicant" means an individual or sole proprietor, or an

individual who is an officer, director or owner of a 5 percent or more beneficial interest of the applicant. (Source: P.A. 85-796.)

(225 ILCS 85/33) (from Ch. 111, par. 4153)

(Section scheduled to be repealed on January 1, 2018) Sec. 33. The Secretary Director of the Department may, upon receipt of a written communication from

the Secretary of Human Services, the Director of Healthcare and Family Services (formerly Director of

Public Aid), or the Director of Public Health that continuation of practice of a person licensed or registered under this Act constitutes an immediate danger to the public, immediately suspend the license or

registration of such person without a hearing. In instances in which the Secretary Director immediately

suspends a license or registration under this Act, a hearing upon such person's license must be convened by the Board within 15 days after such suspension and completed without appreciable delay, such hearing

held to determine whether to recommend to the Secretary Director that the person's license be revoked,

suspended, placed on probationary status or reinstated, or such person be subject to other disciplinary action. In such hearing, the written communication and any other evidence submitted therewith may be

introduced as evidence against such person; provided however, the person, or his counsel, shall have the

opportunity to discredit or impeach such evidence and submit evidence rebutting same. (Source: P.A. 95-331, eff. 8-21-07.)

(225 ILCS 85/34) (from Ch. 111, par. 4154)

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(Section scheduled to be repealed on January 1, 2018) Sec. 34. The determination by a circuit court that a licensee is subject to involuntary admission or

judicial admission as provided in the "Mental Health and Developmental Disabilities Code", approved

September 5, 1978, as now or hereafter amended operates as an automatic suspension. Such suspension will end only upon a finding by a court that the patient is no longer subject to involuntary admission or

judicial admission and issues an order so finding and discharging the patient; and upon the

recommendation of the Board to the Department Director that the licensee be allowed to resume his practice.

(Source: P.A. 85-796.)

(225 ILCS 85/35.1) (from Ch. 111, par. 4155.1) (Section scheduled to be repealed on January 1, 2018)

Sec. 35.1. (a) If any person violates the provision of this Act, the Secretary Director may, in the name of the People of the State of Illinois, through the Attorney General of the State of Illinois, or the State's

Attorney of any county in which the action is brought, petition, for an order enjoining such violation or

for an order enforcing compliance with this Act. Upon the filing of a verified petition in such court, the court may issue a temporary restraining order, without notice or bond, and may preliminarily and

permanently enjoin such violation, and if it is established that such person has violated or is violating the

injunction, the Court may punish the offender for contempt of court. Proceedings under this Section shall

be in addition to, and not in lieu of, all other remedies and penalties provided by this Act.

(b) If any person shall practice as a pharmacist or hold himself out as a pharmacist or operate a pharmacy

or drugstore, including a nonresident pharmacy under Section 16a, without being licensed under the provisions of this Act, then any licensed pharmacist, any interested party or any person injured thereby

may, in addition to the Secretary Director, petition for relief as provided in subsection (a) of this Section.

Whoever knowingly practices or offers to practice in this State without being appropriately licensed or registered under this Act shall be guilty of a Class A misdemeanor and for each subsequent conviction,

shall be guilty of a Class 4 felony.

(c) Whenever in the opinion of the Department any person not licensed in good standing under this Act violates any provision of this Act, the Department may issue a rule to show cause why an order to cease

and desist should not be entered against him. The rule shall clearly set forth the grounds relied upon by

the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order

to cease and desist to be issued forthwith.

(Source: P.A. 95-689, eff. 10-29-07.) (225 ILCS 85/35.2) (from Ch. 111, par. 4155.2)


Sec. 35.2. The Department's pharmacy investigators may investigate the actions of any applicant or of any person or persons holding or claiming to hold a license or registration. The Department shall, before

suspending, revoking, placing on probationary status, or taking any other disciplinary or non-disciplinary

action as the Department may deem proper with regard to any license or certificate, at least 30 days prior to the date set for the hearing, notify the accused in writing of any charges made and the time and place

for a hearing of the charges before the Board, direct him or her to file his or her written answer thereto to

the Board under oath within 20 days after the service on him or her of such notice and inform him or her that if he or she fails to file such answer default will be taken against him or her and his or her license or

certificate may be suspended, revoked, placed on probationary status, or have other disciplinary action,

including limiting the scope, nature or extent of his or her practice, provided for herein. Such written notice may be served by personal delivery , email to the respondent's email address of record, or certified or

registered mail to the respondent at his or her address of record. At the time and place fixed in the notice,

the Board shall proceed to hear the charges and the parties or their counsel shall be accorded ample opportunity to present such statements, testimony, evidence and argument as may be pertinent to the

charges or to the defense thereto. Such hearing may be continued from time to time. In case the accused

person, after receiving notice, fails to file an answer, his or her license or certificate may , in the discretion of the Secretary Director, having received first the recommendation of the Board, be suspended, revoked,

placed on probationary status, or the Secretary Director may take whatever disciplinary action as he or she

may deem proper as provided herein, including limiting the scope, nature, or extent of said person's practice, without a hearing, if the act or acts charged constitute sufficient grounds for such action under

this Act.



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Sec. 35.5. The Department shall have power to subpoena and bring before it any person in this State and to take testimony, either orally or by deposition or both, with the same fees and mileage and in the

same manner as prescribed by law in judicial proceedings in civil cases in circuit courts of this State. The

Department may subpoena and compel the production of documents, papers, files, books, and records in connection with any hearing or investigation.

The Secretary Director, and any member of the Board, shall each have power to administer oaths to

witnesses at any hearing which the Department is authorized to conduct under this Act, and any other oaths required or authorized to be administered by the Department hereunder.

(Source: P.A. 95-689, eff. 10-29-07.)


Sec. 35.6. At the conclusion of the hearing, the Board shall present to the Secretary Director a written report of its findings of fact, conclusions of law, and recommendations. The report shall contain a finding

whether or not the accused person violated this Act or failed to comply with the conditions required in this

Act. The Board shall specify the nature of the violation or failure to comply, and shall make its recommendations to the Secretary Director.

The report of findings of fact, conclusions of law, and recommendations of the Board shall be the basis

for the Department's order or refusal or for the granting of a license or registration. The finding is not

admissible in evidence against the person in a criminal prosecution brought for the violation of this Act,

but the hearing and finding are not a bar to a criminal prosecution brought for the violation of this Act.

(Source: P.A. 85-796.) (225 ILCS 85/35.7) (from Ch. 111, par. 4155.7)


Sec. 35.7. Notwithstanding the provisions of Section 35.6 of this Act, the Secretary Director shall have the authority to appoint any attorney duly licensed to practice law in the State of Illinois to serve as the

hearing officer in any action before the Board for refusal to issue, renew, or discipline of a license or

certificate. The Director shall notify the Board of any such appointment. The hearing officer shall have full authority to conduct the hearing. There may shall be present at least one or more members member of

the Board at any such hearing. The hearing officer shall report his findings of fact, conclusions of law and

recommendations to the Board and the Secretary Director. The Board shall have 60 days from receipt of the report to review the report of the hearing officer and present their findings of fact, conclusions of law,

and recommendations to the Secretary Director. If the Board fails to present its report within the 60-day

60 day period, the respondent may request in writing a direct appeal to the Secretary, in which case the Secretary may shall, within 7 calendar days after the request, issue an order directing the Board to issue

its findings of fact, conclusions of law, and recommendations to the Secretary within 30 calendar days

after such order. If the Board fails to issue its findings of fact, conclusions of law, and recommendations within that time frame to the Secretary after the entry of such order, the Secretary shall, within 30 calendar

days thereafter, issue an order based upon the report of the hearing officer and the record of the proceedings

or issue an order remanding the matter back to the hearing officer for additional proceedings in accordance with the order. If (i) a direct appeal is requested, (ii) the Board fails to issue its findings of fact, conclusions

of law, and recommendations within the 30-day mandate from the Secretary or the Secretary fails to order

the Board to do so, and (iii) the Secretary fails to issue an order within 30 calendar days thereafter, then the hearing officer's report is deemed accepted and a final decision of the Secretary. Notwithstanding any

other provision of this Section, if the Secretary, upon review, determines that substantial justice has not

been done in the revocation, suspension, or refusal to issue or renew a license or other disciplinary action taken as the result of the entry of the hearing officer's report, the Secretary may order a rehearing by the

same or other examiners. If the Secretary disagrees with the recommendation of the Board or the hearing

officer, the Secretary may issue an order in contravention of the recommendation. (Source: P.A. 95-689, eff. 10-29-07.)

(225 ILCS 85/35.8) (from Ch. 111, par. 4155.8)

(Section scheduled to be repealed on January 1, 2018) Sec. 35.8. In any case involving the refusal to issue, renew or discipline of a license or registration, a

copy of the Board's report shall be served upon the respondent by the Department, either personally or as

provided in this Act for the service of the notice of hearing. Within 20 days after such service, the respondent may present to the Department a motion in writing for a rehearing, which motion shall specify

the particular grounds therefor. If no motion for rehearing is filed, then upon the expiration of the time

specified for filing such a motion, or if a motion for rehearing is denied, then upon such denial the Secretary Director may enter an order in accordance with recommendations of the Board except as provided in

Section 35.6 or 35.7 of this Act. If the respondent shall order from the reporting service, and pay for a

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transcript of the record within the time for filing a motion for rehearing, the 20-day 20 day period within which such a motion may be filed shall commence upon the delivery of the transcript to the respondent.

(Source: P.A. 85-796.)


Sec. 35.12. Notwithstanding the provisions herein concerning the conduct of hearings and

recommendations for disciplinary actions, the Secretary Director shall have the authority to negotiate agreements with licensees and registrants resulting in disciplinary consent orders provided a Board

member is present and the discipline is recommended by a the Board member. Such consent orders may

provide for any of the forms of discipline otherwise provided herein or any other disciplinary or non-disciplinary action the parties agree to. Such consent orders shall provide that they were not entered into

as a result of any coercion by the Department. (Source: P.A. 95-689, eff. 10-29-07.)

(225 ILCS 85/35.13) (from Ch. 111, par. 4155.13)

(Section scheduled to be repealed on January 1, 2018) Sec. 35.13. Order or certified copy; prima facie proof. An order or a certified copy thereof, over the seal

of the Department and purporting to be signed by the Secretary Director, shall be prima facie proof that:

(a) the signature is the genuine signature of the Secretary Director;

(b) the Secretary Director is duly appointed and qualified; and

(c) the Board and the members thereof are qualified to act.



Sec. 35.14. At any time after the successful completion of a term of probation, suspension, or revocation of any license certificate, the Department may restore it to the accused person without examination, upon

the written recommendation of the Board. A license that has been suspended or revoked shall be

considered nonrenewed for purposes of restoration and a person restoring his or her license from suspension or revocation must comply with the requirements for restoration of a nonrenewed license as

set forth in Section 12 of this Act and any related rules adopted.



Sec. 35.15. Upon the revocation or suspension of any license or registration, the holder shall forthwith surrender the license license(s) or registration(s) to the Department and if the licensee fails to do so, the

Department shall have the right to seize the license license(s) or certificate(s).



Sec. 35.16. The Secretary may temporarily suspend the license of a pharmacist, or pharmacy, registered or the registration of a pharmacy technician , or registered certified pharmacy technician, without a

hearing, simultaneously with the institution of proceedings for a hearing provided for in Section 35.2 of

this Act, if the Secretary finds that evidence in his possession indicates that a continuation in practice would constitute an imminent danger to the public. In the event that the Secretary suspends, temporarily,

this license or registration without a hearing, a hearing by the Department must be held within 15 days

after such suspension has occurred, and be concluded without appreciable delay. (Source: P.A. 95-689, eff. 10-29-07; 96-673, eff. 1-1-10.)

(225 ILCS 85/35.18) (from Ch. 111, par. 4155.18)

(Section scheduled to be repealed on January 1, 2018) Sec. 35.18. Certification of record. The Department shall not be required to certify any record to the

court, or to file an any answer in court , or to otherwise appear in any court in a judicial review proceeding

, unless and until the Department has received from the plaintiff there is filed in the court, with the complaint, a receipt from the Department acknowledging payment of the costs of furnishing and certifying

the record , which costs shall be determined by the Department. Exhibits shall be certified without cost.

Failure on the part of the plaintiff to file a receipt in court shall be grounds for dismissal of the action. During the pendency and hearing of any and all judicial proceedings incident to the disciplinary action the

sanctions imposed upon the accused by the Department because of acts or omissions related to the delivery

of direct patient care as specified in the Department's final administrative decision, shall, as a matter of public policy, remain in full force and effect in order to protect the public pending final resolution of any

of the proceedings.

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(Source: P.A. 87-1031.) (225 ILCS 85/35.20 new)

Sec. 35.20. Confidentiality. All information collected by the Department in the course of an examination

or investigation of a licensee or applicant, including, but not limited to, any complaint against a licensee filed with the Department and information collected to investigate any such complaint, shall be maintained

for the confidential use of the Department and shall not be disclosed. The Department may not disclose

the information to anyone other than law enforcement officials, other regulatory agencies that have an appropriate regulatory interest as determined by the Secretary, or to a party presenting a lawful subpoena

to the Department. Information and documents disclosed to a federal, State, county, or local law

enforcement agency shall not be disclosed by the agency for any purpose to any other agency or person. A formal complaint filed against a licensee by the Department or any order issued by the Department

against a licensee or applicant shall be a public record, except as otherwise prohibited by law. (225 ILCS 85/35.21 new)

Sec. 35.21. Citations.

(a) The Department shall adopt rules to permit the issuance of citations to any licensee for any violation of this Act or the rules. The citation shall be issued to the licensee or other person alleged to have

committed one or more violations and shall contain the licensee's or other person's name and address, the

licensee's license number, if any, a brief factual statement, the Sections of this Act or the rules allegedly

violated, and the penalty imposed, which shall not exceed $1,000. The citation must clearly state that if

the cited person wishes to dispute the citation, he or she may request in writing, within 30 days after the

citation is served, a hearing before the Department. If the cited person does not request a hearing within 30 days after the citation is served, then the citation shall become a final, non-disciplinary order and any

fine imposed is due and payable. If the cited person requests a hearing within 30 days after the citation is

served, the Department shall afford the cited person a hearing conducted in the same manner as a hearing provided in this Act for any violation of this Act and shall determine whether the cited person committed

the violation as charged and whether the fine as levied is warranted. If the violation is found, any fine shall

constitute discipline and be due and payable within 30 days of the order of the Secretary. Failure to comply with any final order may subject the licensed person to further discipline or other action by the Department

or a referral to the State's Attorney.

(b) A citation must be issued within 6 months after the reporting of a violation that is the basis for the citation.

(c) Service of a citation shall be made in person, electronically, or by mail to the licensee at the licensee's

address of record or email address of record. (d) Nothing in this Section shall prohibit or limit the Department from taking further action pursuant to

this Act and rules for additional, repeated, or continuing violations.


Sec. 36. Illinois Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby

expressly adopted and incorporated herein as if all of the provisions of that Act were included in this Act, except that the provision of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act

that provides that at hearings the licensee has the right to show compliance with all lawful requirements

for retention, continuation or renewal of the license is specifically excluded. For the purpose of this Act, the notice required under Section 10-25 of the Illinois Administrative Procedure Act is deemed sufficient

when personally served, mailed to the address of record of the applicant or licensee, or emailed to the

email address of record of the applicant or licensee last known address of a party. (Source: P.A. 88-45.)






On motion of Senator Righter, Senate Bill No. 902 having been transcribed and typed and all


73

[May 3, 2017]


YEAS 55; NAYS None.


Althoff Cullerton, T. Martinez Righter

Anderson Cunningham McCann Rooney

Aquino Fowler McConchie Rose Barickman Harmon McConnaughay Sandoval

Bennett Harris McGuire Schimpf Bertino-Tarrant Hastings Morrison Silverstein

Biss Holmes Mulroe Stadelman

Bivins Hunter Muñoz Steans Brady Jones, E. Murphy Syverson

Bush Koehler Nybo Tracy

Castro Landek Oberweis Trotter

Clayborne Lightford Radogno Van Pelt

Collins Link Raoul Weaver




therein.


On motion of Senator Bertino-Tarrant, Senate Bill No. 928 was recalled from the order of third

reading to the order of second reading.

Senator Bertino-Tarrant offered the following amendment and moved its adoption:



"Section 5. The Common Interest Community Association Act is amended by changing Section 1-35 as follows:

(765 ILCS 160/1-35)

Sec. 1-35. Member powers, duties, and obligations. (a) The provisions of this Act, the declaration, bylaws, other community instruments, and rules and

regulations that relate to the use of an individual unit or the common areas shall be applicable to any person

leasing a unit and shall be deemed to be incorporated in any lease executed or renewed on or after the effective date of this Act. Unless otherwise provided in the community instruments, with regard to any

lease entered into subsequent to the effective date of this Act, the unit owner leasing the unit shall deliver

a copy of the signed lease to the association or if the lease is oral, a memorandum of the lease, not later than the date of occupancy or 10 days after the lease is signed, whichever occurs first.

(b) If there are multiple owners of a single unit, only one of the multiple owners shall be eligible to

serve as a member of the board at any one time, unless the unit owner owns another unit independently. (c) Two-thirds of the membership may remove a board member as a director at a duly called special

meeting.

(d) In the event of any resale of a unit in a common interest community association by a member or unit owner other than the developer, the board shall make available for inspection to the prospective purchaser,

upon demand, the following:

(1) A copy of the declaration, other instruments, and any rules and regulations , and any adopted common expense collection policies.

(2) A statement of any liens, including a statement of the account of the unit setting

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[May 3, 2017]

forth the amounts of unpaid assessments and other charges due and owing.

(3) A statement of any capital expenditures anticipated by the association within the

current or succeeding 2 fiscal years.

(4) A statement of the status and amount of any reserve or replacement fund and any other fund specifically designated for association projects.

(5) A copy of the statement of financial condition of the association for the last

fiscal year for which such a statement is available.

(6) A statement of the status of any pending suits or judgments in which the association

is a party.

(7) A statement setting forth what insurance coverage is provided for all members or unit owners by the association for common properties.

(8) A statement setting forth the current assessment obligations, including any special assessments or other common expenses.

(9) A statement setting forth the current late fees or interest that may be charged on an unpaid balance,

if any. The principal officer of the board, or such other officer as is specifically designated , or agent for the

association shall disclose furnish the above information within 30 days after receiving a written request

for such information.

A reasonable fee covering the direct out-of-pocket cost of copying and providing such information may

be charged by the association or the board to the unit seller for providing the information.

(Source: P.A. 97-605, eff. 8-26-11; 97-1090, eff. 8-24-12; 98-842, eff. 1-1-15.)".





On motion of Senator Bertino-Tarrant, Senate Bill No. 928 having been transcribed and typed and

all amendments adopted thereto having been printed, was taken up and read by title a third time.


YEAS 57; NAYS None.















therein.

75

[May 3, 2017]

On motion of Senator McGuire, Senate Bill No. 937 having been transcribed and typed and all


vote:

YEAS 57; NAYS None.


Althoff Cunningham McCann Rooney Anderson Fowler McCarter Rose

Aquino Harmon McConchie Sandoval

Barickman Harris McConnaughay Schimpf Bennett Hastings McGuire Silverstein

Bertino-Tarrant Holmes Morrison Stadelman



Brady Jones, E. Murphy Tracy

Bush Koehler Nybo Trotter Castro Landek Oberweis Van Pelt

Clayborne Lightford Radogno Weaver

Collins Link Raoul Connelly Manar Rezin





On motion of Senator Steans, Senate Bill No. 938 having been transcribed and typed and all



YEAS 55; NAYS None.


Althoff Cullerton, T. Martinez Rezin






Brady Hutchinson Muñoz Steans Bush Jones, E. Murphy Syverson

Castro Koehler Nybo Tracy

Clayborne Lightford Oberweis Trotter Collins Link Radogno Weaver

Connelly Manar Raoul



76

[May 3, 2017]


On motion of Senator Connelly, Senate Bill No. 941 having been transcribed and typed and all



YEAS 55; NAYS None.


Althoff Cullerton, T. Martinez Righter

Anderson Cunningham McCann Rooney Aquino Fowler McConchie Rose

Barickman Harmon McConnaughay Sandoval

Bennett Harris McGuire Schimpf

Bertino-Tarrant Hastings Morrison Silverstein

Biss Holmes Mulroe Stadelman

Bivins Hunter Muñoz Steans Brady Hutchinson Murphy Syverson

Bush Koehler Nybo Tracy

Castro Landek Oberweis Trotter Clayborne Lightford Radogno Van Pelt

Collins Link Raoul Weaver




therein.


On motion of Senator Bivins, Senate Bill No. 984 was recalled from the order of third reading to

the order of second reading.

Senator Bivins offered the following amendment and moved its adoption:



"Section 5. The State Police Act is amended by changing Section 8 as follows: (20 ILCS 2610/8) (from Ch. 121, par. 307.8)

Sec. 8. The Board shall exercise jurisdiction over the certification for appointment and promotion, and

over the discipline, removal, demotion and suspension of Department of State Police officers. Pursuant to recognized merit principles of public employment, the Board shall formulate, adopt, and put into effect

rules, regulations and procedures for its operation and the transaction of its business. The Board shall

establish a classification of ranks of persons subject to its jurisdiction and shall set standards and qualifications for each rank. Each Department of State Police officer appointed by the Director shall be

classified as a State Police officer as follows: trooper, sergeant, master sergeant, lieutenant, captain, or

major, or as a Special Agent, Special Agent Sergeant, Special Agent Master Sergeant, Special Agent Lieutenant, Special Agent Captain or Special Agent Major.

(Source: P.A. 84-25.)

Section 99. Effective date. This Act takes effect January 1, 2018.".

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[May 3, 2017]

The motion prevailed. And the amendment was adopted and ordered printed.




On motion of Senator Bivins, Senate Bill No. 984 having been transcribed and typed and all


vote:

YEAS 56; NAYS None.



Anderson Fowler McCarter Sandoval

Aquino Harmon McConchie Schimpf

Barickman Harris McGuire Silverstein Bennett Hastings Morrison Stadelman

Bertino-Tarrant Holmes Mulroe Steans

Biss Hunter Muñoz Syverson Bivins Hutchinson Murphy Tracy



Clayborne Lightford Raoul

Collins Link Rezin Connelly Manar Righter






On motion of Senator McConnaughay, Senate Bill No. 986 was recalled from the order of third reading to the order of second reading.

Floor Amendment No. 1 was postponed in the Committee on State Government.

Senator McConnaughay offered the following amendment and moved its adoption:



"Section 5. The Human Trafficking Task Force Act is amended by changing Sections 20 and 25 as follows:

(20 ILCS 5085/20)

(Section scheduled to be repealed on July 1, 2017) Sec. 20. Report. On or before June 30, 2018 2017, the Human Trafficking Task Force shall report its

findings and recommendations to the General Assembly, by filing copies of its report as provided in

Section 3.1 of the General Assembly Organization Act, and to the Governor. (Source: P.A. 99-864, eff. 8-22-16.)

(20 ILCS 5085/25)

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[May 3, 2017]

(Section scheduled to be repealed on July 1, 2017) Sec. 25. Task force abolished; Act repealed. The Human Trafficking Task Force is abolished and this

Act is repealed on July 1, 2018 2017.

(Source: P.A. 99-864, eff. 8-22-16.)



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 McConnaughay, Senate Bill No. 986 having been transcribed and typed and

all amendments adopted thereto having been printed, was taken up and read by title a third time.


vote:

YEAS 55; NAYS None.


Althoff Cullerton, T. McCann Righter

Anderson Cunningham McCarter Rooney

Aquino Fowler McConchie Rose Barickman Harmon McConnaughay Sandoval

Bennett Harris McGuire Schimpf

Bertino-Tarrant Hastings Morrison Silverstein Biss Holmes Mulroe Stadelman

Bivins Hunter Muñoz Steans

Brady Hutchinson Murphy Syverson Bush Jones, E. Nybo Tracy

Castro Koehler Oberweis Trotter

Clayborne Landek Radogno Van Pelt Collins Lightford Raoul Weaver





On motion of Senator Link, Senate Bill No. 636 having been transcribed and typed and all



YEAS 56; NAYS None.


Althoff Fowler McCarter Rose

Anderson Harmon McConchie Sandoval

Aquino Harris McConnaughay Schimpf Barickman Hastings McGuire Silverstein

Bennett Holmes Morrison Stadelman

79

[May 3, 2017]

Bertino-Tarrant Hunter Mulroe Steans Biss Hutchinson Muñoz Syverson

Bivins Jones, E. Murphy Tracy

Brady Koehler Nybo Trotter Bush Landek Oberweis Van Pelt

Clayborne Lightford Radogno Weaver

Collins Link Raoul Connelly Manar Rezin





therein.

On motion of Senator Cunningham, Senate Bill No. 695 having been transcribed and typed and all



vote:

YEAS 56; NAYS None.


Althoff Fowler McCarter Rose Anderson Harmon McConchie Sandoval







Collins Link Raoul






At the hour of 2:10 o'clock p.m., Senator Link, presiding.

On motion of Senator Lightford, Senate Bill No. 838 having been transcribed and typed and all



YEAS 52; NAYS None.


80

[May 3, 2017]

Althoff Fowler McCann Rose

Anderson Harmon McConnaughay Sandoval

Aquino Harris McGuire Schimpf Barickman Hastings Morrison Silverstein

Bennett Holmes Mulroe Stadelman

Bertino-Tarrant Hunter Muñoz Steans Biss Hutchinson Murphy Tracy




Cullerton, T. Manar Righter

Cunningham Martinez Rooney




therein.

On motion of Senator Lightford, Senate Bill No. 1223 having been transcribed and typed and all


vote:

YEAS 57; NAYS None.



Anderson Fowler McCarter Rose Aquino Harmon McConchie Sandoval







Collins Link Raoul




therein.

CONSIDERATION OF RESOLUTIONS ON SECRETARY’S DESK

Senator Murphy moved that Senate Resolution No. 140, on the Secretary’s Desk, be taken up for

immediate consideration. The motion prevailed.

Senator Murphy moved that Senate Resolution No. 140 be adopted.

81

[May 3, 2017]

The motion prevailed. And the resolution was adopted.

Senator Lightford moved that Senate Joint Resolution No. 15, on the Secretary’s Desk, be taken up for immediate consideration.


The following amendment was offered in the Committee on Environment and Conservation, adopted and ordered printed.

AMENDMENT NO. 1 TO SENATE JOINT RESOLUTION 15

AMENDMENT NO. 1 . Amend Senate Joint Resolution 15 as follows:

on page 2, lines 11 and 12, by deleting "September 16, 2017 as "Illinois Waterway Cleanup Day"" and

inserting "September 10-16, 2017 as "Illinois Waterway Cleanup Week"".

Senator Lightford moved that Senate Joint Resolution No. 15, as amended, be adopted.


And the resolution, as amended, was adopted.


therein.

READING BILL OF THE SENATE A SECOND TIME

On motion of Senator Holmes, Senate Bill No. 1415 having been printed, was taken up, read by

title a second time. Committee Amendment No. 1 was postponed in the Committee on Local Government.

The following amendment was offered in the Committee on Local Government, adopted and

ordered printed:


AMENDMENT NO. 2 . Amend Senate Bill 1415, on page 37, line 7, by deleting "or operating".



CONSIDERATION OF RESOLUTION ON SECRETARY’S DESK

Senator T. Cullerton moved that Senate Resolution No. 454, on the Secretary’s Desk, be taken up

for immediate consideration. The motion prevailed.

Senator T. Cullerton moved that Senate Resolution No. 454 be adopted.

The motion prevailed. And the resolution was adopted.

MESSAGES 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

May 3, 2017

82

[May 3, 2017]

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 John Mulroe to temporarily replace Senator John J.

Cullerton 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


STATE OF ILLINOIS

JOHN J. CULLERTON 327 STATE CAPITOL

SENATE PRESIDENT SPRINGFIELD, IL 62706

217-782-2728

May 3, 2017

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 James

Clayborne 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



STATE OF ILLINOIS



217-782-2728

May 3, 2017

Mr. Tim Anderson

Secretary of the Senate

Room 401 State House Springfield, IL 62706

83

[May 3, 2017]

Dear Mr. Secretary:

Pursuant to Rule 3-2(c), I hereby appoint Senator Dave Koehler 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



STATE OF ILLINOIS



217-782-2728

May 3, 2017

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 Tom Cullerton to temporarily replace Senator Emil Jones

III as a member of the Senate Revenue Committee. This appointment is effective immediately and will

automatically expire upon adjournment of the Senate Revenue Committee.

Sincerely,

s/John J. Cullerton John J. Cullerton

Senate President


At the hour of 2:21 o'clock p.m., the Chair announced the Senate stand adjourned until Thursday,

May 4, 2017, at 12:00 o'clock noon.

STATE OF ILLINOIS ONE HUNDREDTH GENERAL ASSEMBLY...

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