Bill Amendment: IL SB1821 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: REGULATORY ACTS-REPEAL

Status: 2017-09-22 - Public Act . . . . . . . . . 100-0534 [SB1821 Detail]

Download: Illinois-2017-SB1821-Senate_Amendment_001.html

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Sen. Pamela J. Althoff

Filed: 3/10/2017

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AMENDMENT TO SENATE BILL 1821
AMENDMENT NO. ______. Amend Senate Bill 1821 by replacing
everything after the enacting clause with the following:
"Section 5. The Regulatory Sunset Act is amended by
changing Sections 4.30, 4.32, and 4.36 as follows:
(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 Acts repealed on January 1, 2020.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Acts are repealed on January 1, 2020: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.

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The Perfusionist 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.)
(5 ILCS 80/4.32)
Sec. 4.32. Acts repealed on January 1, 2022. The following
Acts are repealed on January 1, 2022:
The Boxing and Full-contact Martial Arts Act.
The Collateral Recovery Act.
The Detection of Deception Examiners Act.
The Home Inspector License Act.
The Interior Design Title Act.
The Massage Licensing Act.
The Petroleum Equipment Contractors Licensing Act.
The Real Estate Appraiser Licensing Act of 2002.
The Water Well and Pump Installation Contractor's License
Act.
(Source: P.A. 97-24, eff. 6-28-11; 97-119, eff. 7-14-11;
97-168, eff. 7-22-11; 97-226, eff. 7-28-11; 97-428, eff.
8-16-11; 97-514, eff. 8-23-11; 97-576, eff. 7-1-12; 97-598,
eff. 8-26-11; 97-602, eff. 8-26-11; 97-813, eff. 7-13-12.)

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 Acts repealed on January 1, 2026.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Acts are repealed on January 1, 2026: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

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

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

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

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

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

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

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(Section scheduled to be repealed on January 1, 2020)
Sec. 1-10. Definitions. In this Act, unless the context
otherwise requires:
"Act" means the Real Estate License Act of 2000.
"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. It is the duty of the applicant or
licensee to inform the Department of any change of address, and
those changes must be made either through the Department's
website or by contacting the Department.
"Advisory Council" means the Real Estate Education
Advisory Council created under Section 30-10 of this Act.
"Agency" means a relationship in which a broker or
licensee, whether directly or through an affiliated licensee,
represents a consumer by the consumer's consent, whether
express or implied, in a real property transaction.
"Applicant" means any person, as defined in this Section,
who applies to the Department for a valid license as a managing
broker, broker, or leasing agent.
"Blind advertisement" means any real estate advertisement
that does not include the sponsoring broker's business name and
that is used by any licensee regarding the sale or lease of
real estate, including his or her own, licensed activities, or
the hiring of any licensee under this Act. The broker's
business name in the case of a franchise shall include the

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

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

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probable selling price of a particular interest in real estate,
which may provide a varying level of detail about the
property's condition, market, and neighborhood and information
on comparable sales. The activities of a real estate broker or
managing broker engaging in the ordinary course of business as
a broker, as defined in this Section, shall not be considered a
broker price opinion if no compensation is paid to the broker
or managing broker, other than compensation based upon the sale
or rental of real estate.
"Client" means a person who is being represented by a
licensee.
"Comparative market analysis" is an analysis or opinion
regarding pricing, marketing, or financial aspects relating to
a specified interest or interests in real estate that may be
based upon an analysis of comparative market data, the
expertise of the real estate broker or managing broker, and
such other factors as the broker or managing broker may deem
appropriate in developing or preparing such analysis or
opinion. The activities of a real estate broker or managing
broker engaging in the ordinary course of business as a broker,
as defined in this Section, shall not be considered a
comparative market analysis if no compensation is paid to the
broker or managing broker, other than compensation based upon
the sale or rental of real estate.
"Compensation" means the valuable consideration given by
one person or entity to another person or entity in exchange

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

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

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

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

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

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

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

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hours per week for a person or entity who would be considered
as an employee under the Internal Revenue Service eleven main
tests in three categories being behavioral control, financial
control and the type of relationship of the parties, formerly
the twenty factor test.
"Secretary" means the Secretary of the Department of
Financial and Professional Regulation, or a person authorized
by the Secretary to act in the Secretary's stead.
"Sponsoring broker" means the broker who has issued a
sponsor card to a licensed managing broker, broker, or a
leasing agent.
"Sponsor card" means the temporary permit issued by the
sponsoring broker certifying that the managing broker, broker,
or leasing agent named thereon is employed by or associated by
written agreement with the sponsoring broker, as provided for
in Section 5-40 of this Act.
(Source: P.A. 98-531, eff. 8-23-13; 98-1109, eff. 1-1-15;
99-227, eff. 8-3-15.)
(225 ILCS 454/5-20)
(Section scheduled to be repealed on January 1, 2020)
Sec. 5-20. Exemptions from managing broker, broker, or
leasing agent license requirement. The requirement for holding
a license under this Article 5 shall not apply to:
(1) Any person, partnership, or corporation that as
owner or lessor performs any of the acts described in the

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

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

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

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

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

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

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

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

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

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

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(A) A "guaranteed sales plan" is any real estate
purchase or sales plan whereby a licensee enters into a
conditional or unconditional written contract with a
seller, prior to entering into a brokerage agreement
with the seller, by the terms of which a licensee
agrees to purchase a property of the seller within a
specified period of time at a specific price in the
event the property is not sold in accordance with the
terms of a brokerage agreement to be entered into
between the sponsoring broker and the seller.
(B) A licensee offering a guaranteed sales plan
shall provide the details and conditions of the plan in
writing to the party to whom the plan is offered.
(C) A licensee offering a guaranteed sales plan
shall provide to the party to whom the plan is offered
evidence of sufficient financial resources to satisfy
the commitment to purchase undertaken by the broker in
the plan.
(D) Any licensee offering a guaranteed sales plan
shall undertake to market the property of the seller
subject to the plan in the same manner in which the
broker would market any other property, unless the
agreement with the seller provides otherwise.
(E) The licensee cannot purchase seller's property
until the brokerage agreement has ended according to
its terms or is otherwise terminated.

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

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

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

10000SB1821sam001 - 36 - LRB100 09678 SMS 23321 a
(b) The Department may refuse to issue or renew or may
suspend the license of any person who fails to file a return,
pay the tax, penalty or interest shown in a filed return, or
pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Department of
Revenue, until such time as the requirements of that tax Act
are satisfied in accordance with subsection (g) of Section
2105-15 of the Civil Administrative Code of Illinois.
(c) The Department shall deny a license or renewal
authorized by this Act to a person who has defaulted on an
educational loan or scholarship provided or guaranteed by the
Illinois Student Assistance Commission or any governmental
agency of this State in accordance with item (5) of subsection
(a) of Section 2105-15 of the Civil Administrative Code of
Illinois.
(d) In cases where the Department of Healthcare and Family
Services (formerly Department of Public Aid) has previously
determined that a licensee or a potential licensee is more than
30 days delinquent in the payment of child support and has
subsequently certified the delinquency to the Department may
refuse to issue or renew or may revoke or suspend that person's
license or may take other disciplinary action against that
person based solely upon the certification of delinquency made
by the Department of Healthcare and Family Services in
accordance with item (5) of subsection (a) of Section 2105-15
of the Civil Administrative Code of Illinois.

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(e) In enforcing this Section, the Department or Board upon
a showing of a possible violation may compel an individual
licensed to practice under this Act, or who has applied 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 Department or Board may order the examining
physician to present testimony concerning the mental or
physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
examining physicians shall be specifically designated by the
Board or Department. 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 this examination. Failure of an
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
Department finds, after notice and hearing, that the refusal to
submit to the examination was without reasonable cause.
If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board may require that individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to

10000SB1821sam001 - 38 - LRB100 09678 SMS 23321 a
practice; or, in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. An
individual 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, 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 Department.
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 Department within 30 days after
the suspension and completed without appreciable delay. The
Department and 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 Department or 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. 98-553, eff. 1-1-14; 98-756, eff. 7-16-14;

10000SB1821sam001 - 39 - LRB100 09678 SMS 23321 a
99-227, eff. 8-3-15.)
(225 ILCS 454/20-85)
(Section scheduled to be repealed on January 1, 2020)
Sec. 20-85. Recovery from Real Estate Recovery Fund. The
Department shall maintain a Real Estate Recovery Fund from
which any person aggrieved by an act, representation,
transaction, or conduct of a licensee or unlicensed employee of
a licensee that is in violation of this Act or the rules
promulgated pursuant thereto, constitutes embezzlement of
money or property, or results in money or property being
unlawfully obtained from any person by false pretenses,
artifice, trickery, or forgery or by reason of any fraud,
misrepresentation, discrimination, or deceit by or on the part
of any such licensee or the unlicensed employee of a licensee
and that results in a loss of actual cash money, as opposed to
losses in market value, may recover. The aggrieved person may
recover, by a post-judgment order of the circuit court of the
county where the violation occurred in a proceeding described
in Section 20-90 of this Act, an amount of not more than
$25,000 from the Fund for damages sustained by the act,
representation, transaction, or conduct, together with costs
of suit and attorney's fees incurred in connection therewith of
not to exceed 15% of the amount of the recovery ordered paid
from the Fund. However, no person may recover from the Fund
unless the court finds that the person suffered a loss

10000SB1821sam001 - 40 - LRB100 09678 SMS 23321 a
resulting from intentional misconduct. The post-judgment order
shall not include interest on the judgment. The maximum
liability against the Fund arising out of any one act shall be
as provided in this Section, and the post-judgment order shall
spread the award equitably among all co-owners or otherwise
aggrieved persons, if any. The maximum liability against the
Fund arising out of the activities of any one licensee or one
unlicensed employee of a licensee, since January 1, 1974, shall
be $100,000. Nothing in this Section shall be construed to
authorize recovery from the Fund unless the loss of the
aggrieved person results from an act or omission of a licensee
under this Act who was at the time of the act or omission
acting in such capacity or was apparently acting in such
capacity or their unlicensed employee and unless the aggrieved
person has obtained a valid judgment and post-judgment order of
the court as provided for in Section 20-90 of this Act. No
person aggrieved by an act, representation, or transaction that
is in violation of the Illinois Real Estate Time-Share Act or
the Land Sales Registration Act of 1989 may recover from the
Fund.
(Source: P.A. 99-227, eff. 8-3-15.)
(225 ILCS 745/Act rep.)
Section 35. The Professional Geologist Licensing Act is
repealed.

10000SB1821sam001 - 41 - LRB100 09678 SMS 23321 a
Section 40. The Environmental Protection Act is amended by
changing Sections 22.51, 22.51a, 57.2, 57.8, 57.10, 58.2, 58.6,
and 58.7 as follows:
(415 ILCS 5/22.51)
Sec. 22.51. Clean Construction or Demolition Debris Fill
Operations.
(a) No person shall conduct any clean construction or
demolition debris fill operation in violation of this Act or
any regulations or standards adopted by the Board.
(b)(1)(A) Beginning August 18, 2005 but prior to July 1,
2008, no person shall use clean construction or demolition
debris as fill material in a current or former quarry, mine, or
other excavation, unless they have applied for an interim
authorization from the Agency for the clean construction or
demolition debris fill operation.
(B) The Agency shall approve an interim authorization upon
its receipt of a written application for the interim
authorization that is signed by the site owner and the site
operator, or their duly authorized agent, and that contains the
following information: (i) the location of the site where the
clean construction or demolition debris fill operation is
taking place, (ii) the name and address of the site owner,
(iii) the name and address of the site operator, and (iv) the
types and amounts of clean construction or demolition debris
being used as fill material at the site.

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(C) The Agency may deny an interim authorization if the
site owner or the site operator, or their duly authorized
agent, fails to provide to the Agency the information listed in
subsection (b)(1)(B) of this Section. Any denial of an interim
authorization shall be subject to appeal to the Board in
accordance with the procedures of Section 40 of this Act.
(D) No person shall use clean construction or demolition
debris as fill material in a current or former quarry, mine, or
other excavation for which the Agency has denied interim
authorization under subsection (b)(1)(C) of this Section. The
Board may stay the prohibition of this subsection (D) during
the pendency of an appeal of the Agency's denial of the interim
authorization brought under subsection (b)(1)(C) of this
Section.
(2) Beginning September 1, 2006, owners and operators of
clean construction or demolition debris fill operations shall,
in accordance with a schedule prescribed by the Agency, submit
to the Agency applications for the permits required under this
Section. The Agency shall notify owners and operators in
writing of the due date for their permit application. The due
date shall be no less than 90 days after the date of the
Agency's written notification. Owners and operators who do not
receive a written notification from the Agency by October 1,
2007, shall submit a permit application to the Agency by
January 1, 2008. The interim authorization of owners and
operators who fail to submit a permit application to the Agency

10000SB1821sam001 - 43 - LRB100 09678 SMS 23321 a
by the permit application's due date shall terminate on (i) the
due date established by the Agency if the owner or operator
received a written notification from the Agency prior to
October 1, 2007, or (ii) or January 1, 2008, if the owner or
operator did not receive a written notification from the Agency
by October 1, 2007.
(3) On and after July 1, 2008, no person shall use clean
construction or demolition debris as fill material in a current
or former quarry, mine, or other excavation (i) without a
permit granted by the Agency for the clean construction or
demolition debris fill operation or in violation of any
conditions imposed by such permit, including periodic reports
and full access to adequate records and the inspection of
facilities, as may be necessary to assure compliance with this
Act and with Board regulations and standards adopted under this
Act or (ii) in violation of any regulations or standards
adopted by the Board under this Act.
(4) This subsection (b) does not apply to:
(A) the use of clean construction or demolition debris
as fill material in a current or former quarry, mine, or
other excavation located on the site where the clean
construction or demolition debris was generated;
(B) the use of clean construction or demolition debris
as fill material in an excavation other than a current or
former quarry or mine if this use complies with Illinois
Department of Transportation specifications; or

10000SB1821sam001 - 44 - LRB100 09678 SMS 23321 a
(C) current or former quarries, mines, and other
excavations that do not use clean construction or
demolition debris as fill material.
(c) In accordance with Title VII of this Act, the Board may
adopt regulations to promote the purposes of this Section. The
Agency shall consult with the mining and construction
industries during the development of any regulations to promote
the purposes of this Section.
(1) No later than December 15, 2005, the Agency shall
propose to the Board, and no later than September 1, 2006,
the Board shall adopt, regulations for the use of clean
construction or demolition debris as fill material in
current and former quarries, mines, and other excavations.
Such regulations shall include, but shall not be limited
to, standards for clean construction or demolition debris
fill operations and the submission and review of permits
required under this Section.
(2) Until the Board adopts rules under subsection
(c)(1) of this Section, all persons using clean
construction or demolition debris as fill material in a
current or former quarry, mine, or other excavation shall:
(A) Assure that only clean construction or
demolition debris is being used as fill material by
screening each truckload of material received using a
device approved by the Agency that detects volatile
organic compounds. Such devices may include, but are

10000SB1821sam001 - 45 - LRB100 09678 SMS 23321 a
not limited to, photo ionization detectors. All
screening devices shall be operated and maintained in
accordance with manufacturer's specifications.
Unacceptable fill material shall be rejected from the
site; and
(B) Retain for a minimum of 3 years the following
information:
(i) The name of the hauler, the name of the
generator, and place of origin of the debris or
soil;
(ii) The approximate weight or volume of the
debris or soil; and
(iii) The date the debris or soil was received.
(d) This Section applies only to clean construction or
demolition debris that is not considered "waste" as provided in
Section 3.160 of this Act.
(e) For purposes of this Section:
(1) The term "operator" means a person responsible for
the operation and maintenance of a clean construction or
demolition debris fill operation.
(2) The term "owner" means a person who has any direct
or indirect interest in a clean construction or demolition
debris fill operation or in land on which a person operates
and maintains a clean construction or demolition debris
fill operation. A "direct or indirect interest" does not
include the ownership of publicly traded stock. The "owner"

10000SB1821sam001 - 46 - LRB100 09678 SMS 23321 a
is the "operator" if there is no other person who is
operating and maintaining a clean construction or
demolition debris fill operation.
(3) The term "clean construction or demolition debris
fill operation" means a current or former quarry, mine, or
other excavation where clean construction or demolition
debris is used as fill material.
(4) The term "uncontaminated soil" shall have the same
meaning as uncontaminated soil under Section 3.160 of this
Act.
(f)(1) No later than one year after the effective date of
this amendatory Act of the 96th General Assembly, the Agency
shall propose to the Board, and, no later than one year after
the Board's receipt of the Agency's proposal, the Board shall
adopt, rules for the use of clean construction or demolition
debris and uncontaminated soil as fill material at clean
construction or demolition debris fill operations. The rules
must include standards and procedures necessary to protect
groundwater, which may include, but shall not be limited to,
the following: requirements regarding testing and
certification of soil used as fill material, surface water
runoff, liners or other protective barriers, monitoring
(including, but not limited to, groundwater monitoring),
corrective action, recordkeeping, reporting, closure and
post-closure care, financial assurance, post-closure land use
controls, location standards, and the modification of existing

10000SB1821sam001 - 47 - LRB100 09678 SMS 23321 a
permits to conform to the requirements of this Act and Board
rules. The rules may also include limits on the use of
recyclable concrete and asphalt as fill material at clean
construction or demolition debris fill operations, taking into
account factors such as technical feasibility, economic
reasonableness, and the availability of markets for such
materials.
(2) Until the effective date of the Board rules adopted
under subdivision (f)(1) of this Section, and in addition to
any other requirements, owners and operators of clean
construction or demolition debris fill operations must do all
of the following in subdivisions (f)(2)(A) through (f)(2)(D) of
this Section for all clean construction or demolition debris
and uncontaminated soil accepted for use as fill material. The
requirements in subdivisions (f)(2)(A) through (f)(2)(D) of
this Section shall not limit any rules adopted by the Board.
(A) Document the following information for each load of
clean construction or demolition debris or uncontaminated
soil received: (i) the name of the hauler, the address of
the site of origin, and the owner and the operator of the
site of origin of the clean construction or demolition
debris or uncontaminated soil, (ii) the weight or volume of
the clean construction or demolition debris or
uncontaminated soil, and (iii) the date the clean
construction or demolition debris or uncontaminated soil
was received.

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

10000SB1821sam001 - 49 - LRB100 09678 SMS 23321 a
analysis must include, but is not limited to, (i) a copy of
the lab analysis, (ii) accreditation status of the
laboratory performing the analysis, and (iii)
certification by an authorized agent of the laboratory that
the analysis has been performed in accordance with the
Agency's rules for the accreditation of environmental
laboratories and the scope of accreditation.
(3) Owners and operators of clean construction or
demolition debris fill operations must maintain all
documentation required under subdivision (f)(2) of this
Section for a minimum of 3 years following the receipt of each
load of clean construction or demolition debris or
uncontaminated soil, except that documentation relating to an
appeal, litigation, or other disputed claim must be maintained
until at least 3 years after the date of the final disposition
of the appeal, litigation, or other disputed claim. Copies of
the documentation must be made available to the Agency and to
units of local government for inspection and copying during
normal business hours. The Agency may prescribe forms and
formats for the documentation required under subdivision
(f)(2) of this Section.
Chemical analysis conducted under subdivision (f)(2) of
this Section must be conducted in accordance with the
requirements of 35 Ill. Adm. Code 742, as amended, and "Test
Methods for Evaluating Solid Waste, Physical/Chemical
Methods", USEPA Publication No. SW-846, as amended.

10000SB1821sam001 - 50 - LRB100 09678 SMS 23321 a
(g)(1) No person shall use soil other than uncontaminated
soil as fill material at a clean construction or demolition
debris fill operation.
(2) No person shall use construction or demolition debris
other than clean construction or demolition debris as fill
material at a clean construction or demolition debris fill
operation.
(Source: P.A. 96-1416, eff. 7-30-10; 97-137, eff. 7-14-11.)
(415 ILCS 5/22.51a)
Sec. 22.51a. Uncontaminated Soil Fill Operations.
(a) For purposes of this Section:
(1) The term "uncontaminated soil" shall have the same
meaning as uncontaminated soil under Section 3.160 of this
Act.
(2) The term "uncontaminated soil fill operation"
means a current or former quarry, mine, or other excavation
where uncontaminated soil is used as fill material, but
does not include a clean construction or demolition debris
fill operation.
(b) No person shall use soil other than uncontaminated soil
as fill material at an uncontaminated soil fill operation.
(c) Owners and operators of uncontaminated soil fill
operations must register the fill operations with the Agency.
Uncontaminated soil fill operations that received
uncontaminated soil prior to the effective date of this

10000SB1821sam001 - 51 - LRB100 09678 SMS 23321 a
amendatory Act of the 96th General Assembly must be registered
with the Agency no later than March 31, 2011. Uncontaminated
soil fill operations that first receive uncontaminated soil on
or after the effective date of this amendatory Act of the 96th
General Assembly must be registered with the Agency prior to
the receipt of any uncontaminated soil. Registrations must be
submitted on forms and in a format prescribed by the Agency.
(d)(1) No later than one year after the effective date of
this amendatory Act of the 96th General Assembly, the Agency
shall propose to the Board, and, no later than one year after
the Board's receipt of the Agency's proposal, the Board shall
adopt, rules for the use of uncontaminated soil as fill
material at uncontaminated soil fill operations. The rules must
include standards and procedures necessary to protect
groundwater, which shall include, but shall not be limited to,
testing and certification of soil used as fill material and
requirements for recordkeeping.
(2) Until the effective date of the Board rules adopted
under subdivision (d)(1) of this Section, owners and operators
of uncontaminated soil fill operations must do all of the
following in subdivisions (d)(2)(A) through (d)(2)(F) of this
Section for all uncontaminated soil accepted for use as fill
material. The requirements in subdivisions (d)(2)(A) through
(d)(2)(F) of this Section shall not limit any rules adopted by
the Board.
(A) Document the following information for each load of

10000SB1821sam001 - 52 - LRB100 09678 SMS 23321 a
uncontaminated soil received: (i) the name of the hauler,
the address of the site of origin, and the owner and the
operator of the site of origin of the uncontaminated soil,
(ii) the weight or volume of the uncontaminated soil, and
(iii) the date the uncontaminated soil was received.
(B) Obtain either (i) a certification from the owner or
operator of the site from which the soil was removed that
the site has never been used for commercial or industrial
purposes and is presumed to be uncontaminated soil or (ii)
a certification from a licensed Professional Engineer or a
professional geologist licensed Professional Geologist
that the soil is uncontaminated soil. Certifications
required under this subdivision (d)(2)(B) must be on forms
and in a format prescribed by the Agency.
(C) Confirm that the uncontaminated soil was not
removed from a site as part of a cleanup or removal of
contaminants, including, but not limited to, activities
conducted under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended; as
part of a Closure or Corrective Action under the Resource
Conservation and Recovery Act, as amended; or under an
Agency remediation program, such as the Leaking
Underground Storage Tank Program or Site Remediation
Program, but excluding sites subject to Section 58.16 of
this Act where there is no presence or likely presence of a
release or a substantial threat of a release of a regulated

10000SB1821sam001 - 53 - LRB100 09678 SMS 23321 a
substance at, on, or from the real property.
(D) Visually inspect each load to confirm that only
uncontaminated soil is being accepted for use as fill
material.
(E) Screen each load of uncontaminated soil using a
device that is approved by the Agency and detects volatile
organic compounds. Such a device may include, but is not
limited to, a photo ionization detector or a flame
ionization detector. All screening devices shall be
operated and maintained in accordance with the
manufacturer's specifications. Unacceptable soil must be
rejected from the fill operation.
(F) Document all activities required under subdivision
(d)(2) of this Section. Documentation of any chemical
analysis must include, but is not limited to, (i) a copy of
the lab analysis, (ii) accreditation status of the
laboratory performing the analysis, and (iii)
certification by an authorized agent of the laboratory that
the analysis has been performed in accordance with the
Agency's rules for the accreditation of environmental
laboratories and the scope of accreditation.
(3) Owners and operators of uncontaminated soil fill
operations must maintain all documentation required under
subdivision (d)(2) of this Section for a minimum of 3 years
following the receipt of each load of uncontaminated soil,
except that documentation relating to an appeal, litigation, or

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

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

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

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"Site investigation" means activities associated with
compliance with the provisions of subsection (a) of Section
57.7.
"Property damage" means physical injury to, destruction
of, or contamination of tangible property, including all
resulting loss of use of that property; or loss of use of
tangible property that is not physically injured, destroyed, or
contaminated, but has been evacuated, withdrawn from use, or
rendered inaccessible because of a release of petroleum from an
underground storage tank.
"Class I Groundwater" means groundwater that meets the
Class I: Potable Resource Groundwater criteria set forth in the
Board regulations adopted pursuant to the Illinois Groundwater
Protection Act.
"Class III Groundwater" means groundwater that meets the
Class III: Special Resource Groundwater criteria set forth in
the Board regulations adopted pursuant to the Illinois
Groundwater Protection Act.
(Source: P.A. 94-274, eff. 1-1-06.)
(415 ILCS 5/57.8)
Sec. 57.8. Underground Storage Tank Fund; payment; options
for State payment; deferred correction election to commence
corrective action upon availability of funds. If an owner or
operator is eligible to access the Underground Storage Tank
Fund pursuant to an Office of State Fire Marshal

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

10000SB1821sam001 - 59 - LRB100 09678 SMS 23321 a
requested in the payment application. However, in no event
shall the Agency reimburse the owner or operator an amount
greater than the amount approved in the plan.
(2) If sufficient funds are available in the
Underground Storage Tank Fund, the Agency shall, within 60
days, forward to the Office of the State Comptroller a
voucher in the amount approved under the payment
application.
(3) In the case of insufficient funds, the Agency shall
form a priority list for payment and shall notify persons
in such priority list monthly of the availability of funds
and when payment shall be made. Payment shall be made to
the owner or operator at such time as sufficient funds
become available for the costs associated with site
investigation and corrective action and costs expended for
activities performed where no proposal is required, if
applicable. Such priority list shall be available to any
owner or operator upon request. Priority for payment shall
be determined by the date the Agency receives a complete
request for partial or final payment. Upon receipt of
notification from the Agency that the requirements of this
Title have been met, the Comptroller shall make payment to
the owner or operator of the amount approved by the Agency,
if sufficient money exists in the Fund. If there is
insufficient money in the Fund, then payment shall not be
made. If the owner or operator appeals a final Agency

10000SB1821sam001 - 60 - LRB100 09678 SMS 23321 a
payment determination and it is determined that the owner
or operator is eligible for payment or additional payment,
the priority date for the payment or additional payment
shall be the same as the priority date assigned to the
original request for partial or final payment.
(4) Any deductible, as determined pursuant to the
Office of the State Fire Marshal's eligibility and
deductibility final determination in accordance with
Section 57.9, shall be subtracted from any payment invoice
paid to an eligible owner or operator. Only one deductible
shall apply per underground storage tank site.
(5) In the event that costs are or will be incurred in
addition to those approved by the Agency, or after payment,
the owner or operator may submit successive plans
containing amended budgets. The requirements of Section
57.7 shall apply to any amended plans.
(6) For purposes of this Section, a complete
application shall consist of:
(A) A certification from a Licensed Professional
Engineer or a professional geologist Licensed
Professional Geologist as required under this Title
and acknowledged by the owner or operator.
(B) A statement of the amounts approved in the
budget and the amounts actually sought for payment
along with a certified statement by the owner or
operator that the amounts so sought were expended in

10000SB1821sam001 - 61 - LRB100 09678 SMS 23321 a
conformance with the approved budget.
(C) A copy of the Office of the State Fire
Marshal's eligibility and deductibility determination.
(D) Proof that approval of the payment requested
will not result in the limitations set forth in
subsection (g) of this Section being exceeded.
(E) A federal taxpayer identification number and
legal status disclosure certification on a form
prescribed and provided by the Agency.
(F) If the Agency determined under subsection
(c)(3) of Section 57.7 of this Act that corrective
action must include a project labor agreement, a
certification from the owner or operator that the
corrective action was (i) performed under a project
labor agreement that meets the requirements of Section
25 of the Project Labor Agreements Act and (ii)
implemented in a manner consistent with the terms and
conditions of the Project Labor Agreements Act and in
full compliance with all statutes, regulations, and
Executive Orders as required under that Act and the
Prevailing Wage Act.
(b) Commencement of site investigation or corrective
action upon availability of funds. The Board shall adopt
regulations setting forth procedures based on risk to human
health or the environment under which the owner or operator who
has received approval for any budget plan submitted pursuant to

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

10000SB1821sam001 - 63 - LRB100 09678 SMS 23321 a
underground storage tank and such judgment was not entered
as a result of fraud; or
(2) a settlement with a third party due to a release of
petroleum from an underground storage tank is reasonable.
(d) Notwithstanding any other provision of this Title, the
Agency shall not approve payment to an owner or operator from
the Fund for costs of corrective action or indemnification
incurred during a calendar year in excess of the following
aggregate amounts based on the number of petroleum underground
storage tanks owned or operated by such owner or operator in
Illinois.
Amount Number of Tanks
$2,000,000........................fewer than 101
$3,000,000................................101 or more
(1) Costs incurred in excess of the aggregate amounts
set forth in paragraph (1) of this subsection shall not be
eligible for payment in subsequent years.
(2) For purposes of this subsection, requests
submitted by any of the agencies, departments, boards,
committees or commissions of the State of Illinois shall be
acted upon as claims from a single owner or operator.
(3) For purposes of this subsection, owner or operator
includes (i) any subsidiary, parent, or joint stock company
of the owner or operator and (ii) any company owned by any
parent, subsidiary, or joint stock company of the owner or
operator.

10000SB1821sam001 - 64 - LRB100 09678 SMS 23321 a
(e) Costs of corrective action or indemnification incurred
by an owner or operator which have been paid to an owner or
operator under a policy of insurance, another written
agreement, or a court order are not eligible for payment under
this Section. An owner or operator who receives payment under a
policy of insurance, another written agreement, or a court
order shall reimburse the State to the extent such payment
covers costs for which payment was received from the Fund. Any
monies received by the State under this subsection (e) shall be
deposited into the Fund.
(f) (Blank.)
(g) The Agency shall not approve any payment from the Fund
to pay an owner or operator:
(1) for costs of corrective action incurred by such
owner or operator in an amount in excess of $1,500,000 per
occurrence; and
(2) for costs of indemnification of such owner or
operator in an amount in excess of $1,500,000 per
occurrence.
(h) Payment of any amount from the Fund for corrective
action or indemnification shall be subject to the State
acquiring by subrogation the rights of any owner, operator, or
other person to recover the costs of corrective action or
indemnification for which the Fund has compensated such owner,
operator, or person from the person responsible or liable for
the release.

10000SB1821sam001 - 65 - LRB100 09678 SMS 23321 a
(i) If the Agency refuses to pay or authorizes only a
partial payment, the affected owner or operator may petition
the Board for a hearing in the manner provided for the review
of permit decisions in Section 40 of this Act.
(j) Costs of corrective action or indemnification incurred
by an owner or operator prior to July 28, 1989, shall not be
eligible for payment or reimbursement under this Section.
(k) The Agency shall not pay costs of corrective action or
indemnification incurred before providing notification of the
release of petroleum in accordance with the provisions of this
Title.
(l) Corrective action does not include legal defense costs.
Legal defense costs include legal costs for seeking payment
under this Title unless the owner or operator prevails before
the Board in which case the Board may authorize payment of
legal fees.
(m) The Agency may apportion payment of costs for plans
submitted under Section 57.7 if:
(1) the owner or operator was deemed eligible to access
the Fund for payment of corrective action costs for some,
but not all, of the underground storage tanks at the site;
and
(2) the owner or operator failed to justify all costs
attributable to each underground storage tank at the site.
(n) The Agency shall not pay costs associated with a
corrective action plan incurred after the Agency provides

10000SB1821sam001 - 66 - LRB100 09678 SMS 23321 a
notification to the owner or operator pursuant to item (7) of
subsection (b) of Section 57.7 that a revised corrective action
plan is required. Costs associated with any subsequently
approved corrective action plan shall be eligible for
reimbursement if they meet the requirements of this Title.
(Source: P.A. 98-109, eff. 7-25-13.)
(415 ILCS 5/57.10)
Sec. 57.10. Professional Engineer or professional
geologist Professional Geologist certification; presumptions
against liability.
(a) Within 120 days of the Agency's receipt of a corrective
action completion report, the Agency shall issue to the owner
or operator a "no further remediation letter" unless the Agency
has requested a modification, issued a rejection under
subsection (d) of this Section, or the report has been rejected
by operation of law.
(b) By certifying such a statement, a Licensed Professional
Engineer or a professional geologist Licensed Professional
Geologist shall in no way be liable thereon, unless the
engineer or geologist gave such certification despite his or
her actual knowledge that the performed measures were not in
compliance with applicable statutory or regulatory
requirements or any plan submitted to the Agency.
(c) The Agency's issuance of a no further remediation
letter shall signify, based on the certification of the

10000SB1821sam001 - 67 - LRB100 09678 SMS 23321 a
Licensed Professional Engineer, that:
(1) all statutory and regulatory corrective action
requirements applicable to the occurrence have been
complied with;
(2) all corrective action concerning the remediation
of the occurrence has been completed; and
(3) no further corrective action concerning the
occurrence is necessary for the protection of human health,
safety and the environment.
This subsection (c) does not apply to off-site contamination
related to the occurrence that has not been remediated due to
denial of access to the off-site property.
(d) The no further remediation letter issued under this
Section shall apply in favor of the following parties:
(1) The owner or operator to whom the letter was
issued.
(2) Any parent corporation or subsidiary of such owner
or operator.
(3) Any co-owner or co-operator, either by joint
tenancy, right-of-survivorship, or any other party sharing
a legal relationship with the owner or operator to whom the
letter is issued.
(4) Any holder of a beneficial interest of a land trust
or inter vivos trust whether revocable or irrevocable.
(5) Any mortgagee or trustee of a deed of trust of such
owner or operator.

10000SB1821sam001 - 68 - LRB100 09678 SMS 23321 a
(6) Any successor-in-interest of such owner or
operator.
(7) Any transferee of such owner or operator whether
the transfer was by sale, bankruptcy proceeding,
partition, dissolution of marriage, settlement or
adjudication of any civil action, charitable gift, or
bequest.
(8) Any heir or devisee or such owner or operator.
(9) An owner of a parcel of real property to the extent
that the no further remediation letter under subsection (c)
of this Section applies to the occurrence on that parcel.
(e) If the Agency notifies the owner or operator that the
"no further remediation" letter has been rejected, the grounds
for such rejection shall be described in the notice. Such a
decision shall be a final determination which may be appealed
by the owner or operator.
(f) The Board shall adopt rules setting forth the criteria
under which the Agency may require an owner or operator to
conduct further investigation or remediation related to a
release for which a no further remediation letter has been
issued.
(g) Holders of security interests in sites subject to the
requirements of this Title XVI shall be entitled to the same
protections and subject to the same responsibilities provided
under general regulations promulgated under Subtitle I of the
Hazardous and Solid Waste Amendments of 1984 (P.L. 98-616) of

10000SB1821sam001 - 69 - LRB100 09678 SMS 23321 a
the Resource Conservation and Recovery Act of 1976 (P.L.
94-580).
(Source: P.A. 94-276, eff. 1-1-06.)
(415 ILCS 5/58.2)
Sec. 58.2. Definitions. The following words and phrases
when used in this Title shall have the meanings given to them
in this Section unless the context clearly indicates otherwise:
"Agrichemical facility" means a site on which agricultural
pesticides are stored or handled, or both, in preparation for
end use, or distributed. The term does not include basic
manufacturing facility sites.
"ASTM" means the American Society for Testing and
Materials.
"Area background" means concentrations of regulated
substances that are consistently present in the environment in
the vicinity of a site that are the result of natural
conditions or human activities, and not the result solely of
releases at the site.
"Brownfields site" or "brownfields" means a parcel of real
property, or a portion of the parcel, that has actual or
perceived contamination and an active potential for
redevelopment.
"Class I groundwater" means groundwater that meets the
Class I Potable Resource groundwater criteria set forth in the
Board rules adopted under the Illinois Groundwater Protection

10000SB1821sam001 - 70 - LRB100 09678 SMS 23321 a
Act.
"Class III groundwater" means groundwater that meets the
Class III Special Resource Groundwater criteria set forth in
the Board rules adopted under the Illinois Groundwater
Protection Act.
"Carcinogen" means a contaminant that is classified as a
Category A1 or A2 Carcinogen by the American Conference of
Governmental Industrial Hygienists; or a Category 1 or 2A/2B
Carcinogen by the World Health Organizations International
Agency for Research on Cancer; or a "Human Carcinogen" or
"Anticipated Human Carcinogen" by the United States Department
of Health and Human Service National Toxicological Program; or
a Category A or B1/B2 Carcinogen by the United States
Environmental Protection Agency in Integrated Risk Information
System or a Final Rule issued in a Federal Register notice by
the USEPA as of the effective date of this amendatory Act of
1995.
"Licensed Professional Engineer" (LPE) means a person,
corporation, or partnership licensed under the laws of this
State to practice professional engineering.
"Licensed Professional Geologist" means a person licensed
under the laws of the State of Illinois to practice as a
professional geologist.
"RELPEG" means a Licensed Professional Engineer or a
professional geologist Licensed Professional Geologist engaged
in review and evaluation under this Title.

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"Man-made pathway" means constructed routes that may allow
for the transport of regulated substances including, but not
limited to, sewers, utility lines, utility vaults, building
foundations, basements, crawl spaces, drainage ditches, or
previously excavated and filled areas.
"Municipality" means an incorporated city, village, or
town in this State. "Municipality" does not mean a township,
town when that term is used as the equivalent of a township,
incorporated town that has superseded a civil township, county,
or school district, park district, sanitary district, or
similar governmental district.
"Natural pathway" means natural routes for the transport of
regulated substances including, but not limited to, soil,
groundwater, sand seams and lenses, and gravel seams and
lenses.
"Person" means individual, trust, firm, joint stock
company, joint venture, consortium, commercial entity,
corporation (including a government corporation), partnership,
association, State, municipality, commission, political
subdivision of a State, or any interstate body including the
United States Government and each department, agency, and
instrumentality of the United States.
"Regulated substance" means any hazardous substance as
defined under Section 101(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (P.L. 96-510) and petroleum products including crude oil

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

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

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

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

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

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

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

10000SB1821sam001 - 79 - LRB100 09678 SMS 23321 a
services, due to the failure of the RA to take response
action in accordance with a notice issued pursuant to
this Act;
(B) The RA has agreed in writing to the payment of
such costs;
(C) The RA has been ordered to pay such costs by
the Board or a court of competent jurisdiction pursuant
to this Act; or
(D) The RA has requested or has consented to Agency
review or evaluation services under subdivision
(b) (1) of this Section.
(5) The Agency may, subject to available resources,
agree to provide review and evaluation services for
response actions if there is a written agreement among
parties to a legal action or if a notice to perform a
response action has been issued by the Agency.
(c) Review and evaluation by a Licensed Professional
Engineer or a professional geologist Licensed Professional
Geologist. A RA may elect to contract with a Licensed
Professional Engineer or, in the case of a site investigation
report only, a professional geologist Licensed Professional
Geologist, who will perform review and evaluation services on
behalf of and under the direction of the Agency relative to the
site activities.
(1) Prior to entering into the contract with the
RELPEG, the RA shall notify the Agency of the RELPEG to be

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

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activities that the Agency or a RELPEG may review include:
(A) Site Investigation Reports and related
activities;
(B) Remediation Objectives Reports;
(C) Remedial Action Plans and related activities;
and
(D) Remedial Action Completion Reports and related
activities.
(3) Only the Agency shall have the authority to
approve, disapprove, or approve with conditions a plan or
report as a result of the review process including those
plans and reports reviewed by a RELPEG. If the Agency
disapproves a plan or report or approves a plan or report
with conditions, the written notification required by
subdivision (d) (4) of this Section shall contain the
following information, as applicable:
(A) An explanation of the Sections of this Title
that may be violated if the plan or report was
approved;
(B) An explanation of the provisions of the rules
promulgated under this Title that may be violated if
the plan or report was approved;
(C) An explanation of the specific type of
information, if any, that the Agency deems the
applicant did not provide the Agency;
(D) A statement of specific reasons why the Title

10000SB1821sam001 - 82 - LRB100 09678 SMS 23321 a
and regulations might not be met if the plan or report
were approved; and
(E) An explanation of the reasons for conditions if
conditions are required.
(4) Upon approving, disapproving, or approving with
conditions a plan or report, the Agency shall notify the RA
in writing of its decision. In the case of approval or
approval with conditions of a Remedial Action Completion
Report, the Agency shall prepare a No Further Remediation
Letter that meets the requirements of Section 58.10 and
send a copy of the letter to the RA.
(5) All reviews undertaken by the Agency or a RELPEG
shall be completed and the decisions communicated to the RA
within 60 days of the request for review or approval. The
RA may waive the deadline upon a request from the Agency.
If the Agency disapproves or approves with conditions a
plan or report or fails to issue a final decision within
the 60 day period and the RA has not agreed to a waiver of
the deadline, the RA may, within 35 days, file an appeal to
the Board. Appeals to the Board shall be in the manner
provided for the review of permit decisions in Section 40
of this Act.
(e) Standard of review. In making determinations, the
following factors, and additional factors as may be adopted by
the Board in accordance with Section 58.11, shall be considered
by the Agency when reviewing or approving plans, reports, and

10000SB1821sam001 - 83 - LRB100 09678 SMS 23321 a
related activities, or the RELPEG, when reviewing plans,
reports, and related activities:
(1) Site Investigation Reports and related activities:
Whether investigations have been conducted and the results
compiled in accordance with the appropriate procedures and
whether the interpretations and conclusions reached are
supported by the information gathered. In making the
determination, the following factors shall be considered:
(A) The adequacy of the description of the site and
site characteristics that were used to evaluate the
site;
(B) The adequacy of the investigation of potential
pathways and risks to receptors identified at the site;
and
(C) The appropriateness of the sampling and
analysis used.
(2) Remediation Objectives Reports: Whether the
remediation objectives are consistent with the
requirements of the applicable method for selecting or
determining remediation objectives under Section 58.5. In
making the determination, the following factors shall be
considered:
(A) If the objectives were based on the
determination of area background levels under
subsection (b) of Section 58.5, whether the review of
current and historic conditions at or in the immediate

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

10000SB1821sam001 - 85 - LRB100 09678 SMS 23321 a
and maintenance of institutional and engineering
controls, if relied on.
(4) Remedial Action Completion Reports and related
activities: Whether the remedial activities have been
completed in accordance with the approved Remedial Action
Plan and whether the applicable remediation objectives
have been attained.
(f) All plans and reports submitted for review shall
include a Licensed Professional Engineer's certification that
all investigations and remedial activities were carried out
under his or her direction and, to the best of his or her
knowledge and belief, the work described in the plan or report
has been completed in accordance with generally accepted
engineering practices, and the information presented is
accurate and complete. In the case of a site investigation
report prepared or supervised by a professional geologist
Licensed Professional Geologist, the required certification
may be made by the professional geologist Licensed Professional
Geologist (rather than a Licensed Professional Engineer) and
based upon generally accepted principles of professional
geology.
(g) In accordance with Section 58.11, the Agency shall
propose and the Board shall adopt rules to carry out the
purposes of this Section. At a minimum, the rules shall detail
the types of services the Agency may provide in response to
requests under subdivision (b) (1) of this Section and the

10000SB1821sam001 - 86 - LRB100 09678 SMS 23321 a
recordkeeping it will utilize in documenting to the RA the
costs incurred by the Agency in providing such services.
(h) Public participation.
(1) The Agency shall develop guidance to assist RA's in
the implementation of a community relations plan to address
activity at sites undergoing remedial action pursuant to
this Title.
(2) The RA may elect to enter into a services agreement
with the Agency for Agency assistance in community outreach
efforts.
(3) The Agency shall maintain a registry listing those
sites undergoing remedial action pursuant to this Title.
(4) Notwithstanding any provisions of this Section,
the RA of a site undergoing remedial activity pursuant to
this Title may elect to initiate a community outreach
effort for the site.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 45. The Unified Code of Corrections is amended by
changing Section 5-5-5 as follows:
(730 ILCS 5/5-5-5) (from Ch. 38, par. 1005-5-5)
Sec. 5-5-5. Loss and Restoration of Rights.
(a) Conviction and disposition shall not entail the loss by
the defendant of any civil rights, except under this Section
and Sections 29-6 and 29-10 of The Election Code, as now or

10000SB1821sam001 - 87 - LRB100 09678 SMS 23321 a
hereafter amended.
(b) A person convicted of a felony shall be ineligible to
hold an office created by the Constitution of this State until
the completion of his sentence.
(c) A person sentenced to imprisonment shall lose his right
to vote until released from imprisonment.
(d) On completion of sentence of imprisonment or upon
discharge from probation, conditional discharge or periodic
imprisonment, or at any time thereafter, all license rights and
privileges granted under the authority of this State which have
been revoked or suspended because of conviction of an offense
shall be restored unless the authority having jurisdiction of
such license rights finds after investigation and hearing that
restoration is not in the public interest. This paragraph (d)
shall not apply to the suspension or revocation of a license to
operate a motor vehicle under the Illinois Vehicle Code.
(e) Upon a person's discharge from incarceration or parole,
or upon a person's discharge from probation or at any time
thereafter, the committing court may enter an order certifying
that the sentence has been satisfactorily completed when the
court believes it would assist in the rehabilitation of the
person and be consistent with the public welfare. Such order
may be entered upon the motion of the defendant or the State or
upon the court's own motion.
(f) Upon entry of the order, the court shall issue to the
person in whose favor the order has been entered a certificate

10000SB1821sam001 - 88 - LRB100 09678 SMS 23321 a
stating that his behavior after conviction has warranted the
issuance of the order.
(g) This Section shall not affect the right of a defendant
to collaterally attack his conviction or to rely on it in bar
of subsequent proceedings for the same offense.
(h) No application for any license specified in subsection
(i) of this Section granted under the authority of this State
shall be denied by reason of an eligible offender who has
obtained a certificate of relief from disabilities, as defined
in Article 5.5 of this Chapter, having been previously
convicted of one or more criminal offenses, or by reason of a
finding of lack of "good moral character" when the finding is
based upon the fact that the applicant has previously been
convicted of one or more criminal offenses, unless:
(1) there is a direct relationship between one or more
of the previous criminal offenses and the specific license
sought; or
(2) the issuance of the license would involve an
unreasonable risk to property or to the safety or welfare
of specific individuals or the general public.
In making such a determination, the licensing agency shall
consider the following factors:
(1) the public policy of this State, as expressed in
Article 5.5 of this Chapter, to encourage the licensure and
employment of persons previously convicted of one or more
criminal offenses;

10000SB1821sam001 - 89 - LRB100 09678 SMS 23321 a
(2) the specific duties and responsibilities
necessarily related to the license being sought;
(3) the bearing, if any, the criminal offenses or
offenses for which the person was previously convicted will
have on his or her fitness or ability to perform one or
more such duties and responsibilities;
(4) the time which has elapsed since the occurrence of
the criminal offense or offenses;
(5) the age of the person at the time of occurrence of
the criminal offense or offenses;
(6) the seriousness of the offense or offenses;
(7) any information produced by the person or produced
on his or her behalf in regard to his or her rehabilitation
and good conduct, including a certificate of relief from
disabilities issued to the applicant, which certificate
shall create a presumption of rehabilitation in regard to
the offense or offenses specified in the certificate; and
(8) the legitimate interest of the licensing agency in
protecting property, and the safety and welfare of specific
individuals or the general public.
(i) A certificate of relief from disabilities shall be
issued only for a license or certification issued under the
following Acts:
(1) the Animal Welfare Act; except that a certificate
of relief from disabilities may not be granted to provide
for the issuance or restoration of a license under the

10000SB1821sam001 - 90 - LRB100 09678 SMS 23321 a
Animal Welfare Act for any person convicted of violating
Section 3, 3.01, 3.02, 3.03, 3.03-1, or 4.01 of the Humane
Care for Animals Act or Section 26-5 or 48-1 of the
Criminal Code of 1961 or the Criminal Code of 2012;
(2) the Illinois Athletic Trainers Practice Act;
(3) the Barber, Cosmetology, Esthetics, Hair Braiding,
and Nail Technology Act of 1985;
(4) the Boiler and Pressure Vessel Repairer Regulation
Act;
(5) the Boxing and Full-contact Martial Arts Act;
(6) the Illinois Certified Shorthand Reporters Act of
1984;
(7) the Illinois Farm Labor Contractor Certification
Act;
(8) the Interior Design Title Act;
(9) the Illinois Professional Land Surveyor Act of
1989;
(10) the Illinois Landscape Architecture Act of 1989;
(11) the Marriage and Family Therapy Licensing Act;
(12) the Private Employment Agency Act;
(13) the Professional Counselor and Clinical
Professional Counselor Licensing and Practice Act;
(14) the Real Estate License Act of 2000;
(15) the Illinois Roofing Industry Licensing Act;
(16) the Professional Engineering Practice Act of
1989;

10000SB1821sam001 - 91 - LRB100 09678 SMS 23321 a
(17) the Water Well and Pump Installation Contractor's
License Act;
(18) the Electrologist Licensing Act;
(19) the Auction License Act;
(20) the Illinois Architecture Practice Act of 1989;
(21) the Dietitian Nutritionist Practice Act;
(22) the Environmental Health Practitioner Licensing
Act;
(23) the Funeral Directors and Embalmers Licensing
Code;
(24) (blank) the Land Sales Registration Act of 1999;
(25) (blank) the Professional Geologist Licensing Act;
(26) the Illinois Public Accounting Act; and
(27) the Structural Engineering Practice Act of 1989.
(Source: P.A. 97-119, eff. 7-14-11; 97-706, eff. 6-25-12;
97-1108, eff. 1-1-13; 97-1141, eff. 12-28-12; 97-1150, eff.
1-25-13; 98-756, eff. 7-16-14.)
(765 ILCS 86/Act rep.)
Section 95. The Land Sales Registration Act of 1999 is
repealed.
(765 ILCS 101/Act rep.)
Section 100. The Real Estate Timeshare Act of 1999 is
repealed.

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