Bill Text: IL HB4148 | 2011-2012 | 97th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Property Tax Code. Allows the chief county assessment officer to record a tax lien against property that was granted one or more erroneous homestead exemptions. Contains provisions concerning notice, hearings, and penalties.

Sponsorship: Partisan Bill (Democrat 6)

Status: (Enrolled - Dead) 2013-01-11 - Sent to the Governor [HB4148 Detail]

Download: Illinois-2011-HB4148-Amended.html

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Sen. John J. Cullerton

Filed: 5/15/2012

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AMENDMENT TO HOUSE BILL 4148
AMENDMENT NO. ______. Amend House Bill 4148, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 5. The Illinois Administrative Procedure Act is
amended by changing Section 5-45 as follows:
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)
Sec. 5-45. Emergency rulemaking.
(a) "Emergency" means the existence of any situation that
any agency finds reasonably constitutes a threat to the public
interest, safety, or welfare.
(b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required by
Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency rulemaking

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with the Secretary of State under Section 5-70. The notice
shall include the text of the emergency rule and shall be
published in the Illinois Register. Consent orders or other
court orders adopting settlements negotiated by an agency may
be adopted under this Section. Subject to applicable
constitutional or statutory provisions, an emergency rule
becomes effective immediately upon filing under Section 5-65 or
at a stated date less than 10 days thereafter. The agency's
finding and a statement of the specific reasons for the finding
shall be filed with the rule. The agency shall take reasonable
and appropriate measures to make emergency rules known to the
persons who may be affected by them.
(c) An emergency rule may be effective for a period of not
longer than 150 days, but the agency's authority to adopt an
identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24 month
period, except that this limitation on the number of emergency
rules that may be adopted in a 24 month period does not apply
to (i) emergency rules that make additions to and deletions
from the Drug Manual under Section 5-5.16 of the Illinois
Public Aid Code or the generic drug formulary under Section
3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
emergency rules adopted by the Pollution Control Board before
July 1, 1997 to implement portions of the Livestock Management
Facilities Act, (iii) emergency rules adopted by the Illinois
Department of Public Health under subsections (a) through (i)

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of Section 2 of the Department of Public Health Act when
necessary to protect the public's health, (iv) emergency rules
adopted pursuant to subsection (n) of this Section, or (v)
emergency rules adopted pursuant to subsection (o) of this
Section. Two or more emergency rules having substantially the
same purpose and effect shall be deemed to be a single rule for
purposes of this Section.
(d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget,
emergency rules to implement any provision of Public Act 90-587
or 90-588 or any other budget initiative for fiscal year 1999
may be adopted in accordance with this Section by the agency
charged with administering that provision or initiative,
except that the 24-month limitation on the adoption of
emergency rules and the provisions of Sections 5-115 and 5-125
do not apply to rules adopted under this subsection (d). The
adoption of emergency rules authorized by this subsection (d)
shall be deemed to be necessary for the public interest,
safety, and welfare.
(e) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2000 budget,
emergency rules to implement any provision of this amendatory
Act of the 91st General Assembly or any other budget initiative
for fiscal year 2000 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the

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adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (e). The adoption of emergency rules authorized by
this subsection (e) shall be deemed to be necessary for the
public interest, safety, and welfare.
(f) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2001 budget,
emergency rules to implement any provision of this amendatory
Act of the 91st General Assembly or any other budget initiative
for fiscal year 2001 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (f). The adoption of emergency rules authorized by
this subsection (f) shall be deemed to be necessary for the
public interest, safety, and welfare.
(g) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2002 budget,
emergency rules to implement any provision of this amendatory
Act of the 92nd General Assembly or any other budget initiative
for fiscal year 2002 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this

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subsection (g). The adoption of emergency rules authorized by
this subsection (g) shall be deemed to be necessary for the
public interest, safety, and welfare.
(h) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2003 budget,
emergency rules to implement any provision of this amendatory
Act of the 92nd General Assembly or any other budget initiative
for fiscal year 2003 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (h). The adoption of emergency rules authorized by
this subsection (h) shall be deemed to be necessary for the
public interest, safety, and welfare.
(i) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2004 budget,
emergency rules to implement any provision of this amendatory
Act of the 93rd General Assembly or any other budget initiative
for fiscal year 2004 may be adopted in accordance with this
Section by the agency charged with administering that provision
or initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (i). The adoption of emergency rules authorized by
this subsection (i) shall be deemed to be necessary for the

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public interest, safety, and welfare.
(j) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2005 budget as provided under the Fiscal Year 2005 Budget
Implementation (Human Services) Act, emergency rules to
implement any provision of the Fiscal Year 2005 Budget
Implementation (Human Services) Act may be adopted in
accordance with this Section by the agency charged with
administering that provision, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (j). The Department of Public Aid
may also adopt rules under this subsection (j) necessary to
administer the Illinois Public Aid Code and the Children's
Health Insurance Program Act. The adoption of emergency rules
authorized by this subsection (j) shall be deemed to be
necessary for the public interest, safety, and welfare.
(k) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2006 budget, emergency rules to implement any provision of this
amendatory Act of the 94th General Assembly or any other budget
initiative for fiscal year 2006 may be adopted in accordance
with this Section by the agency charged with administering that
provision or initiative, except that the 24-month limitation on
the adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this

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subsection (k). The Department of Healthcare and Family
Services may also adopt rules under this subsection (k)
necessary to administer the Illinois Public Aid Code, the
Senior Citizens and Disabled Persons Property Tax Relief and
Pharmaceutical Assistance Act, the Senior Citizens and
Disabled Persons Prescription Drug Discount Program Act (now
the Illinois Prescription Drug Discount Program Act), and the
Children's Health Insurance Program Act. The adoption of
emergency rules authorized by this subsection (k) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(l) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2007 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2007, including
rules effective July 1, 2007, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (l) shall be deemed to be necessary for the
public interest, safety, and welfare.
(m) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year

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2008 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2008, including
rules effective July 1, 2008, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (m) shall be deemed to be necessary for the
public interest, safety, and welfare.
(n) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2010 budget, emergency rules to implement any provision of this
amendatory Act of the 96th General Assembly or any other budget
initiative authorized by the 96th General Assembly for fiscal
year 2010 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative. The adoption of emergency rules authorized by this
subsection (n) shall be deemed to be necessary for the public
interest, safety, and welfare. The rulemaking authority
granted in this subsection (n) shall apply only to rules
promulgated during Fiscal Year 2010.
(o) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2011 budget, emergency rules to implement any provision of this

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amendatory Act of the 96th General Assembly or any other budget
initiative authorized by the 96th General Assembly for fiscal
year 2011 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative. The adoption of emergency rules authorized by this
subsection (o) is deemed to be necessary for the public
interest, safety, and welfare. The rulemaking authority
granted in this subsection (o) applies only to rules
promulgated on or after the effective date of this amendatory
Act of the 96th General Assembly through June 30, 2011.
(p) In order to provide for the expeditious and timely
implementation of Internet gaming, the Division of Internet
Gaming may adopt emergency rules to implement the provisions of
Section 7.18 of the Illinois Lottery Law. The adoption of
emergency rules authorized by this subsection (p) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(Source: P.A. 95-12, eff. 7-2-07; 95-331, eff. 8-21-07; 96-45,
eff. 7-15-09; 96-958, eff. 7-1-10; 96-1500, eff. 1-18-11.)
Section 10. The Illinois Public Labor Relations Act is
amended by changing Section 3 as follows:
(5 ILCS 315/3) (from Ch. 48, par. 1603)
Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:

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(a) "Board" means the Illinois Labor Relations Board or,
with respect to a matter over which the jurisdiction of the
Board is assigned to the State Panel or the Local Panel under
Section 5, the panel having jurisdiction over the matter.
(b) "Collective bargaining" means bargaining over terms
and conditions of employment, including hours, wages, and other
conditions of employment, as detailed in Section 7 and which
are not excluded by Section 4.
(c) "Confidential employee" means an employee who, in the
regular course of his or her duties, assists and acts in a
confidential capacity to persons who formulate, determine, and
effectuate management policies with regard to labor relations
or who, in the regular course of his or her duties, has
authorized access to information relating to the effectuation
or review of the employer's collective bargaining policies.
(d) "Craft employees" means skilled journeymen, crafts
persons, and their apprentices and helpers.
(e) "Essential services employees" means those public
employees performing functions so essential that the
interruption or termination of the function will constitute a
clear and present danger to the health and safety of the
persons in the affected community.
(f) "Exclusive representative", except with respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Department of State Police,

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means the labor organization that has been (i) designated by
the Board as the representative of a majority of public
employees in an appropriate bargaining unit in accordance with
the procedures contained in this Act, (ii) historically
recognized by the State of Illinois or any political
subdivision of the State before July 1, 1984 (the effective
date of this Act) as the exclusive representative of the
employees in an appropriate bargaining unit, (iii) after July
1, 1984 (the effective date of this Act) recognized by an
employer upon evidence, acceptable to the Board, that the labor
organization has been designated as the exclusive
representative by a majority of the employees in an appropriate
bargaining unit; (iv) recognized as the exclusive
representative of personal care attendants or personal
assistants under Executive Order 2003-8 prior to the effective
date of this amendatory Act of the 93rd General Assembly, and
the organization shall be considered to be the exclusive
representative of the personal care attendants or personal
assistants as defined in this Section; or (v) recognized as the
exclusive representative of child and day care home providers,
including licensed and license exempt providers, pursuant to an
election held under Executive Order 2005-1 prior to the
effective date of this amendatory Act of the 94th General
Assembly, and the organization shall be considered to be the
exclusive representative of the child and day care home
providers as defined in this Section.

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With respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the Department
of State Police, "exclusive representative" means the labor
organization that has been (i) designated by the Board as the
representative of a majority of peace officers or fire fighters
in an appropriate bargaining unit in accordance with the
procedures contained in this Act, (ii) historically recognized
by the State of Illinois or any political subdivision of the
State before January 1, 1986 (the effective date of this
amendatory Act of 1985) as the exclusive representative by a
majority of the peace officers or fire fighters in an
appropriate bargaining unit, or (iii) after January 1, 1986
(the effective date of this amendatory Act of 1985) recognized
by an employer upon evidence, acceptable to the Board, that the
labor organization has been designated as the exclusive
representative by a majority of the peace officers or fire
fighters in an appropriate bargaining unit.
Where a historical pattern of representation exists for the
workers of a water system that was owned by a public utility,
as defined in Section 3-105 of the Public Utilities Act, prior
to becoming certified employees of a municipality or
municipalities once the municipality or municipalities have
acquired the water system as authorized in Section 11-124-5 of
the Illinois Municipal Code, the Board shall find the labor
organization that has historically represented the workers to

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be the exclusive representative under this Act, and shall find
the unit represented by the exclusive representative to be the
appropriate unit.
(g) "Fair share agreement" means an agreement between the
employer and an employee organization under which all or any of
the employees in a collective bargaining unit are required to
pay their proportionate share of the costs of the collective
bargaining process, contract administration, and pursuing
matters affecting wages, hours, and other conditions of
employment, but not to exceed the amount of dues uniformly
required of members. The amount certified by the exclusive
representative shall not include any fees for contributions
related to the election or support of any candidate for
political office. Nothing in this subsection (g) shall preclude
an employee from making voluntary political contributions in
conjunction with his or her fair share payment.
(g-1) "Fire fighter" means, for the purposes of this Act
only, any person who has been or is hereafter appointed to a
fire department or fire protection district or employed by a
state university and sworn or commissioned to perform fire
fighter duties or paramedic duties, except that the following
persons are not included: part-time fire fighters, auxiliary,
reserve or voluntary fire fighters, including paid on-call fire
fighters, clerks and dispatchers or other civilian employees of
a fire department or fire protection district who are not
routinely expected to perform fire fighter duties, or elected

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officials.
(g-2) "General Assembly of the State of Illinois" means the
legislative branch of the government of the State of Illinois,
as provided for under Article IV of the Constitution of the
State of Illinois, and includes but is not limited to the House
of Representatives, the Senate, the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, the Minority
Leader of the Senate, the Joint Committee on Legislative
Support Services and any legislative support services agency
listed in the Legislative Commission Reorganization Act of
1984.
(h) "Governing body" means, in the case of the State, the
State Panel of the Illinois Labor Relations Board, the Director
of the Department of Central Management Services, and the
Director of the Department of Labor; the county board in the
case of a county; the corporate authorities in the case of a
municipality; and the appropriate body authorized to provide
for expenditures of its funds in the case of any other unit of
government.
(i) "Labor organization" means any organization in which
public employees participate and that exists for the purpose,
in whole or in part, of dealing with a public employer
concerning wages, hours, and other terms and conditions of
employment, including the settlement of grievances.
(j) "Managerial employee" means an individual who is

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engaged predominantly in executive and management functions
and is charged with the responsibility of directing the
effectuation of management policies and practices.
(k) "Peace officer" means, for the purposes of this Act
only, any persons who have been or are hereafter appointed to a
police force, department, or agency and sworn or commissioned
to perform police duties, except that the following persons are
not included: part-time police officers, special police
officers, auxiliary police as defined by Section 3.1-30-20 of
the Illinois Municipal Code, night watchmen, "merchant
police", court security officers as defined by Section 3-6012.1
of the Counties Code, temporary employees, traffic guards or
wardens, civilian parking meter and parking facilities
personnel or other individuals specially appointed to aid or
direct traffic at or near schools or public functions or to aid
in civil defense or disaster, parking enforcement employees who
are not commissioned as peace officers and who are not armed
and who are not routinely expected to effect arrests, parking
lot attendants, clerks and dispatchers or other civilian
employees of a police department who are not routinely expected
to effect arrests, or elected officials.
(l) "Person" includes one or more individuals, labor
organizations, public employees, associations, corporations,
legal representatives, trustees, trustees in bankruptcy,
receivers, or the State of Illinois or any political
subdivision of the State or governing body, but does not

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include the General Assembly of the State of Illinois or any
individual employed by the General Assembly of the State of
Illinois.
(m) "Professional employee" means any employee engaged in
work predominantly intellectual and varied in character rather
than routine mental, manual, mechanical or physical work;
involving the consistent exercise of discretion and adjustment
in its performance; of such a character that the output
produced or the result accomplished cannot be standardized in
relation to a given period of time; and requiring advanced
knowledge in a field of science or learning customarily
acquired by a prolonged course of specialized intellectual
instruction and study in an institution of higher learning or a
hospital, as distinguished from a general academic education or
from apprenticeship or from training in the performance of
routine mental, manual, or physical processes; or any employee
who has completed the courses of specialized intellectual
instruction and study prescribed in this subsection (m) and is
performing related work under the supervision of a professional
person to qualify to become a professional employee as defined
in this subsection (m).
(n) "Public employee" or "employee", for the purposes of
this Act, means any individual employed by a public employer,
including (i) interns and residents at public hospitals, (ii)
as of the effective date of this amendatory Act of the 93rd
General Assembly, but not before, personal care attendants and

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personal assistants working under the Home Services Program
under Section 3 of the Disabled Persons Rehabilitation Act,
subject to the limitations set forth in this Act and in the
Disabled Persons Rehabilitation Act, and (iii) as of the
effective date of this amendatory Act of the 94th General
Assembly, but not before, child and day care home providers
participating in the child care assistance program under
Section 9A-11 of the Illinois Public Aid Code, subject to the
limitations set forth in this Act and in Section 9A-11 of the
Illinois Public Aid Code, but excluding all of the following:
employees of the General Assembly of the State of Illinois;
elected officials; executive heads of a department; members of
boards or commissions; the Executive Inspectors General; any
special Executive Inspectors General; employees of each Office
of an Executive Inspector General; commissioners and employees
of the Executive Ethics Commission; the Auditor General's
Inspector General; employees of the Office of the Auditor
General's Inspector General; the Legislative Inspector
General; any special Legislative Inspectors General; employees
of the Office of the Legislative Inspector General;
commissioners and employees of the Legislative Ethics
Commission; employees of the Division of Internet Gaming within
the Department of the Lottery; employees of any agency, board
or commission created by this Act; employees appointed to State
positions of a temporary or emergency nature; all employees of
school districts and higher education institutions except

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firefighters and peace officers employed by a state university
and except peace officers employed by a school district in its
own police department in existence on the effective date of
this amendatory Act of the 96th General Assembly; managerial
employees; short-term employees; confidential employees;
independent contractors; and supervisors except as provided in
this Act.
Personal care attendants and personal assistants shall not
be considered public employees for any purposes not
specifically provided for in the amendatory Act of the 93rd
General Assembly, including but not limited to, purposes of
vicarious liability in tort and purposes of statutory
retirement or health insurance benefits. Personal care
attendants and personal assistants shall not be covered by the
State Employees Group Insurance Act of 1971 (5 ILCS 375/).
Child and day care home providers shall not be considered
public employees for any purposes not specifically provided for
in this amendatory Act of the 94th General Assembly, including
but not limited to, purposes of vicarious liability in tort and
purposes of statutory retirement or health insurance benefits.
Child and day care home providers shall not be covered by the
State Employees Group Insurance Act of 1971.
Notwithstanding Section 9, subsection (c), or any other
provisions of this Act, all peace officers above the rank of
captain in municipalities with more than 1,000,000 inhabitants
shall be excluded from this Act.

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(o) Except as otherwise in subsection (o-5), "public
employer" or "employer" means the State of Illinois; any
political subdivision of the State, unit of local government or
school district; authorities including departments, divisions,
bureaus, boards, commissions, or other agencies of the
foregoing entities; and any person acting within the scope of
his or her authority, express or implied, on behalf of those
entities in dealing with its employees. As of the effective
date of the amendatory Act of the 93rd General Assembly, but
not before, the State of Illinois shall be considered the
employer of the personal care attendants and personal
assistants working under the Home Services Program under
Section 3 of the Disabled Persons Rehabilitation Act, subject
to the limitations set forth in this Act and in the Disabled
Persons Rehabilitation Act. The State shall not be considered
to be the employer of personal care attendants and personal
assistants for any purposes not specifically provided for in
this amendatory Act of the 93rd General Assembly, including but
not limited to, purposes of vicarious liability in tort and
purposes of statutory retirement or health insurance benefits.
Personal care attendants and personal assistants shall not be
covered by the State Employees Group Insurance Act of 1971 (5
ILCS 375/). As of the effective date of this amendatory Act of
the 94th General Assembly but not before, the State of Illinois
shall be considered the employer of the day and child care home
providers participating in the child care assistance program

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under Section 9A-11 of the Illinois Public Aid Code, subject to
the limitations set forth in this Act and in Section 9A-11 of
the Illinois Public Aid Code. The State shall not be considered
to be the employer of child and day care home providers for any
purposes not specifically provided for in this amendatory Act
of the 94th General Assembly, including but not limited to,
purposes of vicarious liability in tort and purposes of
statutory retirement or health insurance benefits. Child and
day care home providers shall not be covered by the State
Employees Group Insurance Act of 1971.
"Public employer" or "employer" as used in this Act,
however, does not mean and shall not include the General
Assembly of the State of Illinois, the Executive Ethics
Commission, the Offices of the Executive Inspectors General,
the Legislative Ethics Commission, the Office of the
Legislative Inspector General, the Office of the Auditor
General's Inspector General, the Division of Internet Gaming
within the Department of the Lottery, and educational employers
or employers as defined in the Illinois Educational Labor
Relations Act, except with respect to a state university in its
employment of firefighters and peace officers and except with
respect to a school district in the employment of peace
officers in its own police department in existence on the
effective date of this amendatory Act of the 96th General
Assembly. County boards and county sheriffs shall be designated
as joint or co-employers of county peace officers appointed

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under the authority of a county sheriff. Nothing in this
subsection (o) shall be construed to prevent the State Panel or
the Local Panel from determining that employers are joint or
co-employers.
(o-5) With respect to wages, fringe benefits, hours,
holidays, vacations, proficiency examinations, sick leave, and
other conditions of employment, the public employer of public
employees who are court reporters, as defined in the Court
Reporters Act, shall be determined as follows:
(1) For court reporters employed by the Cook County
Judicial Circuit, the chief judge of the Cook County
Circuit Court is the public employer and employer
representative.
(2) For court reporters employed by the 12th, 18th,
19th, and, on and after December 4, 2006, the 22nd judicial
circuits, a group consisting of the chief judges of those
circuits, acting jointly by majority vote, is the public
employer and employer representative.
(3) For court reporters employed by all other judicial
circuits, a group consisting of the chief judges of those
circuits, acting jointly by majority vote, is the public
employer and employer representative.
(p) "Security employee" means an employee who is
responsible for the supervision and control of inmates at
correctional facilities. The term also includes other
non-security employees in bargaining units having the majority

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of employees being responsible for the supervision and control
of inmates at correctional facilities.
(q) "Short-term employee" means an employee who is employed
for less than 2 consecutive calendar quarters during a calendar
year and who does not have a reasonable assurance that he or
she will be rehired by the same employer for the same service
in a subsequent calendar year.
(r) "Supervisor" is an employee whose principal work is
substantially different from that of his or her subordinates
and who has authority, in the interest of the employer, to
hire, transfer, suspend, lay off, recall, promote, discharge,
direct, reward, or discipline employees, to adjust their
grievances, or to effectively recommend any of those actions,
if the exercise of that authority is not of a merely routine or
clerical nature, but requires the consistent use of independent
judgment. Except with respect to police employment, the term
"supervisor" includes only those individuals who devote a
preponderance of their employment time to exercising that
authority, State supervisors notwithstanding. In addition, in
determining supervisory status in police employment, rank
shall not be determinative. The Board shall consider, as
evidence of bargaining unit inclusion or exclusion, the common
law enforcement policies and relationships between police
officer ranks and certification under applicable civil service
law, ordinances, personnel codes, or Division 2.1 of Article 10
of the Illinois Municipal Code, but these factors shall not be

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the sole or predominant factors considered by the Board in
determining police supervisory status.
Notwithstanding the provisions of the preceding paragraph,
in determining supervisory status in fire fighter employment,
no fire fighter shall be excluded as a supervisor who has
established representation rights under Section 9 of this Act.
Further, in new fire fighter units, employees shall consist of
fire fighters of the rank of company officer and below. If a
company officer otherwise qualifies as a supervisor under the
preceding paragraph, however, he or she shall not be included
in the fire fighter unit. If there is no rank between that of
chief and the highest company officer, the employer may
designate a position on each shift as a Shift Commander, and
the persons occupying those positions shall be supervisors. All
other ranks above that of company officer shall be supervisors.
(s)(1) "Unit" means a class of jobs or positions that are
held by employees whose collective interests may suitably be
represented by a labor organization for collective bargaining.
Except with respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the Department
of State Police, a bargaining unit determined by the Board
shall not include both employees and supervisors, or
supervisors only, except as provided in paragraph (2) of this
subsection (s) and except for bargaining units in existence on
July 1, 1984 (the effective date of this Act). With respect to

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non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Department of State Police,
a bargaining unit determined by the Board shall not include
both supervisors and nonsupervisors, or supervisors only,
except as provided in paragraph (2) of this subsection (s) and
except for bargaining units in existence on January 1, 1986
(the effective date of this amendatory Act of 1985). A
bargaining unit determined by the Board to contain peace
officers shall contain no employees other than peace officers
unless otherwise agreed to by the employer and the labor
organization or labor organizations involved. Notwithstanding
any other provision of this Act, a bargaining unit, including a
historical bargaining unit, containing sworn peace officers of
the Department of Natural Resources (formerly designated the
Department of Conservation) shall contain no employees other
than such sworn peace officers upon the effective date of this
amendatory Act of 1990 or upon the expiration date of any
collective bargaining agreement in effect upon the effective
date of this amendatory Act of 1990 covering both such sworn
peace officers and other employees.
(2) Notwithstanding the exclusion of supervisors from
bargaining units as provided in paragraph (1) of this
subsection (s), a public employer may agree to permit its
supervisory employees to form bargaining units and may bargain
with those units. This Act shall apply if the public employer

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chooses to bargain under this subsection.
(3) Public employees who are court reporters, as defined in
the Court Reporters Act, shall be divided into 3 units for
collective bargaining purposes. One unit shall be court
reporters employed by the Cook County Judicial Circuit; one
unit shall be court reporters employed by the 12th, 18th, 19th,
and, on and after December 4, 2006, the 22nd judicial circuits;
and one unit shall be court reporters employed by all other
judicial circuits.
(Source: P.A. 96-1257, eff. 7-23-10; 97-586, eff. 8-26-11.)
Section 15. The Illinois Lottery Law is amended by changing
Section 2 and by adding Section 7.18 as follows:
(20 ILCS 1605/2) (from Ch. 120, par. 1152)
Sec. 2. (a) This Act is enacted to implement and establish
within the State a lottery to be conducted by the State through
the Department. The entire net proceeds of the Lottery are to
be used for the support of the State's Common School Fund,
except as provided in subsection (o) of Section 9.1 and
Sections 21.2, 21.5, 21.6, 21.7, and 21.8. The General Assembly
finds that it is in the public interest for the Department to
conduct the functions of the Lottery with the assistance of a
private manager under a management agreement overseen by the
Department. The Department shall be accountable to the General
Assembly and the people of the State through a comprehensive

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system of regulation, audits, reports, and enduring
operational oversight. The Department's ongoing conduct of the
Lottery through a management agreement with a private manager
shall act to promote and ensure the integrity, security,
honesty, and fairness of the Lottery's operation and
administration. It is the intent of the General Assembly that
the Department shall conduct the Lottery with the assistance of
a private manager under a management agreement at all times in
a manner consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1),
1953(b)(4).
(b) It is further the intent of the General Assembly that
the Division of Internet Gaming of the Department shall conduct
Internet wagering at all times in a manner consistent with the
applicable provisions of State and federal law pursuant to
Section 7.18 of this Law.
(Source: P.A. 95-331, eff. 8-21-07; 95-673, eff. 10-11-07;
95-674, eff. 10-11-07; 95-876, eff. 8-21-08; 96-34, eff.
7-13-09.)
(20 ILCS 1605/7.18 new)
Sec. 7.18. Internet gaming; Division of Internet Gaming;
powers.
(a) The General Assembly finds that the Internet has become
an integral part of everyday life for a significant number of
Illinois residents, not only in regards to their professional
life, but also in regards to personal business and

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communication. Internet wagering on games of chance and games
of skill is a core form of entertainment for millions of
individuals worldwide. In multiple jurisdictions across the
world, Internet gaming is legal, regulated, and taxed,
generating billions of dollars in revenue for governments.
The General Assembly further finds that Illinois residents
participate in illegal on-line gambling on unregulated
Internet websites operated by offshore operators who are not
subject to regulation or taxation in the United States. Neither
federal nor Illinois laws provide sufficient consumer
protections for Illinois residents who play games of chance or
skill on these illegal websites, nor does the State realize any
benefits from the revenues generated by illegal on-line gaming.
On September 20, 2011, the United States Department of
Justice issued an opinion reversing its previous
interpretation of the federal Wire Act, 18 U.S.C. 1804,
allowing states, subject to certain restrictions, to legalize
and regulate Internet gaming and capture the revenue for the
benefit of state governments. The Department of Justice's
opinion was prompted in part by a request made by the
Department pursuant to Public Act 96-34. In order to protect
Illinois residents who wager on games of chance and skill
through the Internet, and to capture revenues generated from
Internet gaming, it is in the best interest of the State and
its citizens to regulate this activity by authorizing and
establishing a secure, responsible, fair, and legal system of

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Internet gaming that complies with the United States Department
of Justice's September 2011 opinion concerning the federal Wire
Act. It is also in the best interest of the State to establish
an Internet gaming platform consistent with the provisions of
this Section to ensure that Illinois is not precluded from
reaping the benefits of Internet gaming as contemplated by
proposed federal legislation pending before the United States
Senate.
The General Assembly additionally finds that pursuant to
the federal Unlawful Internet Gambling Enforcement Act of 2006
(UIEGA), 31 U.S.C. 5301, the provisions of this Section
prescribe a lawful exemption to UIEGA and specifically
authorize use of the Internet to place, receive, or otherwise
knowingly transmit a bet or wager where Internet wagering
complies with this Section and rules adopted pursuant to this
Section.
(b) As used in this Section:
"Internet" means the international computer network of
interoperable packet-switched data networks, inclusive of such
additional technological platforms as mobile, satellite, and
other electronic distribution channels approved by the
Division.
"Internet game" means any variation or composite of an
authorized game that is offered through the Internet so long as
such games, or variations or composites, are found suitable for
use by the Division after an appropriate test or experimental

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period. "Internet game" also includes gaming tournaments
conducted via the Internet in which players compete against one
another in one or more of the games authorized in this
definition or by the Division or in approved variations or
composites as authorized by the Division.
"Internet gaming platform" means an interactive set of
related data networks that may be accessed by authorized
participants for the purpose of wagering on Internet games.
"Internet wagering" means the placing of wagers with the
Division using the Division's Internet gaming platform through
which the Division may offer Internet games to persons who have
established an Internet wagering account with the Division and
who are either physically present in Illinois when placing a
wager or otherwise permitted to place a wager by law. The
intermediate routing of electronic data in connection with
Internet wagering shall not determine the location or locations
in which a wager is initiated, received, or otherwise made.
"Internet wagering account" means an electronic ledger
wherein the following types of transactions relative to the
Internet wager system are recorded: (i) deposits; (ii)
withdrawals; (iii) amounts wagered; (iv) amounts paid on
winning wagers; (v) service or other transaction-related
charges authorized by the patron; and (vi) adjustments to the
account.
(c) The Division of Internet Gaming is established within
the Department of the Lottery, and is authorized to offer

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Internet wagering on Internet games on the Division's Internet
gaming platform to individuals who are (1) 21 years of age or
older and (2) physically located within the State of Illinois
or otherwise permitted to place wagers as provided by law. To
the extent consistent with the provisions of this Section, the
Division shall be subject to and governed by provisions of this
Article and all of the laws and rules applicable to the
Department. The Division shall not be subject to any private
management agreement established pursuant to Section 9.1 of
this Act. The Division of Internet Gaming is also authorized to
enter into agreements with other state gaming entities for the
purpose of offering multistate Internet games to the extent
consistent with State and federal laws. The Division shall not
offer Internet wagering on any sporting event or contest,
unless doing so is consistent with State and federal laws. The
Division shall be funded with moneys appropriated to the
Department of the Lottery, as well as from the proceeds of
Internet gaming pursuant to subsection (j) of this Section.
(d) The Division shall have all powers necessary or
desirable to effectuate the provisions of this Section,
including, but not limited to, the power to:
(1) establish an Internet gaming platform for the
purpose of offering wagering on Internet games;
(2) accept wagers on Internet games offered on the
Division's Internet gaming platform;
(3) pay prizes to winners of Internet games;

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(4) enter into contracts with any person, firm, or
corporation, including contracts establishing affiliate
relationships for the promotion of Internet gaming that are
deemed to be in the public interest;
(5) acquire or lease real property and make
improvements thereon and acquire by lease or by purchase
personal property, including, but not limited to:
(A) computers;
(B) mechanical, electronic, and online equipment
and terminals; and
(C) intangible property, including, but not
limited to, computer programs, software, and systems;
and
(6) hold copyrights, trademarks, service marks, and
other intellectual property; pursuant to Section 7 of the
Illinois Freedom of Information Act, such intellectual
property shall be exempt from disclosure; and
(7) enforce any rights held under paragraph (6) of this
subsection.
(e) The Division shall adopt such rules governing the
administration and conduct of Internet gaming as it deems
necessary to carry out the purpose of this Section. These rules
shall be subject to the provisions of the Illinois
Administrative Procedure Act and may include, but shall not be
limited to:
(1) the types of Internet games to be offered;

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(2) price points for Internet games;
(3) percentage of rake for Internet games;
(4) forms of payment accepted for Internet games;
(5) the number, type, and amount of prizes for Internet
games;
(6) the method of selecting winners and validating
winnings;
(7) the manner and time for payment of prizes and
winnings;
(8) the frequency of Internet games;
(9) responsible gaming;
(10) the Internet gaming platform;
(11) such other matters necessary or desirable for the
efficient and economical operation and administration of
Internet gaming and for the convenience of authorized
Internet gaming participants.
The Division shall also issue written game rules, play
instructions, directives, operations manuals, brochures, or
any other publications necessary to conduct specific Internet
games, as authorized by rule by the Division. Except for
materials that the Division deems to be intellectual property,
written game rules, instructions, directives, operations
manuals, brochures, or other game publications issued by the
Division that relate to specific Internet games offered by the
Division shall be posted on the Division's Internet website and
shall also be maintained as public records in the Division's

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principal office, and made available for public inspection and
copying, but shall be exempt from the rulemaking procedures of
the Illinois Administrative Procedure Act.
(f) Notwithstanding any law to the contrary, the
Superintendent of the Lottery shall hire an Executive Director
who shall be responsible to the Superintendent and shall serve
subject only to removal by the Superintendent for incompetence,
neglect of duty, or malfeasance in office. The Executive
Director shall be responsible for the supervision and direction
of the Division staff and for the necessary administrative
activities of the Division, subject only to the direction and
approval of the Superintendent notwithstanding any law to the
contrary.
Notwithstanding any law to the contrary, the Executive
Director shall hire and employ employees as may be necessary to
carry out the provisions of this Law or to perform the duties
and exercise the powers conferred by law upon the Division. All
employees of the Division shall receive the compensation fixed
by the Executive Director, subject only to the Superintendent.
The Superintendent, Executive Director, and Division employees
shall be reimbursed for all actual and necessary traveling and
other expenses and disbursements necessarily incurred or made
by them in the discharge of their official duties. The
Superintendent and Executive Director may also incur necessary
expenses for office space, furniture, stationery, printing,
operations, and other incidental expenses.

09700HB4148sam002 - 34 - LRB097 17765 AMC 69524 a
The Executive Director shall report monthly to the
Superintendent, the State Treasurer, and the Lottery Control
Board a full and complete statement of Internet gaming
revenues, prize disbursements, and other expenses for each
month and the amounts to be transferred to the State Lottery
Fund pursuant to this Section. The Executive Director shall
also make an annual report, which shall include a full and
complete statement of Internet gaming revenues, prize
disbursements, and other expenses, to the Superintendent, the
Governor, and the Board. All reports required by this
subsection shall be public and copies of all such reports shall
be sent to the Speaker of the House of Representatives, the
President of the Senate, the Minority Leader of the House of
Representatives, and the Minority Leader of the Senate.
The Executive Director shall make a continuous study and
investigation of: (i) the operation and the administration of
similar Internet gaming laws that may be in effect in other
states or countries; (ii) any literature on Internet gaming
that from time to time may be published or available; (iii) any
federal laws that may affect the operation of Internet gaming;
and (iv) the reaction of Illinois citizens to existing and
potential features of Internet gaming with a view to
recommending or effecting changes that will tend to serve the
purposes of this Section.
(g) The Division shall establish a procedure to verify that
a participant is 21 years of age or older and that wagering on

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Internet games is limited to transactions that are initiated
and received or otherwise made exclusively within the State of
Illinois. A participant must satisfy the verification
procedure before he or she may establish an Internet gaming
account and wager on Internet games offered by the Division. At
such a time that a legally compliant mechanism is established
to permit wagering on Internet games by individuals physically
located outside of the State, the Division shall adopt rules
and procedures to allow and govern wagering by those
individuals. By rule, the Division shall establish funding
procedures for Internet gaming accounts and shall provide a
mechanism to prevent the unauthorized use of Internet gaming
accounts. By rule, the Division shall also establish procedures
to detect and prevent fraud and collusion in Internet gaming
offered by the Division. If any participant in Internet gaming
violates any provisions of this Section or rule adopted by the
Division, then the participant's winnings shall be forfeited.
Any forfeited winnings shall be deposited into the State
Lottery Fund.
The following persons shall not be authorized to establish
Internet gaming accounts or wager on Internet games offered by
the Division: (i) any minor under 21 years of age; (ii) any
member of the Lottery Control Board; (iii) any officer or other
person employed by the Department of the Lottery or the
Division of Internet Gaming; (iv) any spouse, child, brother,
sister, or parent residing as a member of the same household in

09700HB4148sam002 - 36 - LRB097 17765 AMC 69524 a
the principal place of abode of any persons identified in (ii)
or (iii); and (iv) any individual whose name appears in the
Division's responsible gaming database.
(h) The Division shall develop responsible gaming
measures, including a statewide responsible gaming database
identifying individuals who shall be prohibited from
establishing an Internet gaming account or participating in
Internet gaming. The Executive Director may place a person on
the responsible gaming database if that person (i) has been
convicted in any jurisdiction of a felony, any crime of moral
turpitude, or a crime involving gaming; (ii) has violated this
Act, the Illinois Horse Racing Act of 1975, the Riverboat
Gambling Act, the Raffles Act, the Illinois Pull Tabs and Jar
Games Act, the Bingo License and Tax Act, the Charitable Games
Act, or the Video Gaming Act; (iii) has performed any act or
had a notorious or unsavory reputation that would adversely
affect public confidence and trust in gaming; or (iv) has his
or her name on any valid and current exclusion list from
another jurisdiction in the United States. By rule, the
Division shall adopt procedures for the establishment and
maintenance of the responsible gaming database. The Illinois
Gaming Board, the Illinois Racing Board, and the Department of
the Lottery shall, in a format specified by the Division,
provide the Division with names of individuals to be included
in the responsible gaming database. The Division may impose
reasonable fees on persons authorized to access and use the

09700HB4148sam002 - 37 - LRB097 17765 AMC 69524 a
responsible gaming database.
The Division's Internet gaming platform shall offer
responsible gambling services and technical controls to
players, including both temporary and permanent self-exclusion
for all games offered; the ability for players to establish
their own periodic deposit and wagering limits and maximum
playing times; referrals to crisis counseling and referral
services for individuals and families experiencing difficulty
as a result of problem or compulsive gambling; and other
services as the Division reasonably may determine are necessary
or appropriate to reduce and prevent problem gambling. Any
authorized participant who is allowed to participate in
Internet gaming may voluntarily prohibit themselves from
establishing an Internet gaming account. The Division shall
incorporate the voluntary self-exclusion list for Internet
gaming accounts into the responsible gaming database.
(i) There is created the Responsible Internet Gaming
Advisory Board, consisting of the following members:
(1) the Superintendent of the Lottery, who shall be an
ex officio member and shall serve as Chairperson;
(2) the Executive Director of the Division of Internet
Gaming, who shall be an ex officio member;
(3) one representative from a national organization
dedicated to the study and prevention of problem gambling,
appointed by the Superintendent;
(4) one member who is an academic professional engaged

09700HB4148sam002 - 38 - LRB097 17765 AMC 69524 a
in the study of problem gambling at a university or other
institution of higher learning, appointed by the
Superintendent;
(5) one member who has professional experience and
expertise in the field of technical controls for
responsible Internet gaming, appointed by the
Superintendent; and
(6) one member who is an Illinois citizen and a member
of the public, appointed by the Superintendent.
Each Advisory Board member shall serve for a term of 4
years and until his or her successor is appointed and
qualified. However, in making initial appointments, 2 shall be
appointed to serve for 2 years and 2 shall be appointed to
serve for 4 years. Appointments to fill vacancies shall be made
in the same manner as original appointments for the unexpired
portion of the vacated term. Initial terms shall begin on the
effective date of this amendatory Act of the 97th General
Assembly. Each member of the Advisory Board shall be eligible
for reappointment at the discretion of the Superintendent. A
member of the Advisory Board may be removed from office for
just cause. Advisory Board members shall receive no
compensation, but shall be reimbursed for expenses incurred in
connection with their duties as Advisory Board members.
Four members shall constitute a quorum. A majority vote of
the Advisory Board is required for an Advisory Board decision.
The Advisory Board shall meet no less often than once every 6

09700HB4148sam002 - 39 - LRB097 17765 AMC 69524 a
months and shall meet as often as the Chairperson deems
necessary. Advisory Board members shall not be liable for any
of their acts, omissions, decisions, or any other conduct in
connection with their duties on the Advisory Board, except
those involving willful, wanton, or intentional misconduct.
The Advisory Board shall make recommendations to the
Executive Director regarding the development of rules and
procedures to reduce and prevent problem or compulsive gambling
and to ensure the conduct of safe, fair, and responsible
Internet gaming. The Advisory Board may have such powers as may
be granted by the Executive Director to carry out the
provisions of this Section regarding responsible Internet
gaming.
(j) The Division shall distribute all proceeds of Internet
gaming in the following priority and manner:
(1) the payment of prizes and winnings;
(2) the payment of costs incurred in the operation and
administration of the Division of Internet Gaming,
including the payment of sums due to affiliates pursuant to
affiliate agreements; and
(3) on or before the last day of each fiscal year, any
remaining proceeds, subject to payments under items (1) and
(2), shall be deposited into the State Lottery Fund.
(k) There is created the Internet Gaming Advisory Committee
as an advisory body within the Division of Internet Gaming. The
Committee shall consist of the following members:

09700HB4148sam002 - 40 - LRB097 17765 AMC 69524 a
(1) the Superintendent of the Lottery, who shall be an
ex officio member and shall serve as Chairman;
(2) the Executive Director of the Division of Internet
Gaming, who shall serve ex officio;
(3) one member appointed by the Governor's Office;
(4) one member who represents owners licensees under
the Riverboat Gambling Act, appointed by the
Superintendent;
(5) one member who represents organization licensees
under the Illinois Horse Racing Act of 1975, appointed by
the Superintendent;
(6) one member who represents horsemen, appointed by
the Superintendent; and
(7) one member who represents licensees under the Video
Gaming Act, appointed by the Superintendent.
Each Committee member shall serve for a term of 4 years and
until his or her successor is appointed and qualified.
Appointments to fill vacancies shall be made in the same manner
as original appointments for the unexpired portion of the
vacated term. Initial terms shall begin upon the effective date
of this amendatory Act of the 97th General Assembly. Each
member of the Committee shall be eligible for reappointment at
the discretion of the Superintendent or the Governor. The
Committee shall meet as often as the Chairperson deems
necessary. Members of the Committee shall serve without
compensation, but shall be reimbursed, within the limits of

09700HB4148sam002 - 41 - LRB097 17765 AMC 69524 a
funds available to the Division, for necessary expenses
incurred in the performance of their duties.
The Committee shall conduct an ongoing study to determine
(i) the impact of Internet gaming on licensees under the
Illinois Horse Racing Act of 1975, the Riverboat Gambling Act,
and the Video Gaming Act; (ii) the feasibility of a system of
licensure for Internet gaming that would allow existing
organization licensees, owners licensees, and video gaming
licensees to obtain licenses to conduct Internet gaming; (iii)
the economic impact such a system of licensure would have on
State revenues from Internet gaming; and (iv) the propriety and
viability of alternative regulatory models or frameworks for
Internet gaming to the extent consistent with the objectives
set forth in subsection (a) of this Section. The Committee
shall issue annual reports, which shall also include
recommendations concerning prospective action on behalf of the
General Assembly concerning Internet gaming. The Committee
shall issue its first report no later than December 31, 2013.
Section 20. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:
(30 ILCS 500/1-10)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which

09700HB4148sam002 - 42 - LRB097 17765 AMC 69524 a
contractors were first solicited on or after July 1, 1998. This
Code shall not be construed to affect or impair any contract,
or any provision of a contract, entered into based on a
solicitation prior to the implementation date of this Code as
described in Article 99, including but not limited to any
covenant entered into with respect to any revenue bonds or
similar instruments. All procurements for which contracts are
solicited between the effective date of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance with this
Code and its intent.
(b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
(1) Contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies except as specifically provided in
this Code.
(2) Grants, except for the filing requirements of
Section 20-80.
(3) Purchase of care.
(4) Hiring of an individual as employee and not as an
independent contractor, whether pursuant to an employment
code or policy or by contract directly with that
individual.
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of this

09700HB4148sam002 - 43 - LRB097 17765 AMC 69524 a
type of contract with a value of more than $25,000 must be
published in the Procurement Bulletin within 7 days after
the deed is recorded in the county of jurisdiction. The
notice shall identify the real estate purchased, the names
of all parties to the contract, the value of the contract,
and the effective date of the contract.
(7) Contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor shall
give his or her prior approval when the procuring agency is
one subject to the jurisdiction of the Governor, and
provided that the chief legal counsel of any other
procuring entity subject to this Code shall give his or her
prior approval when the procuring entity is not one subject
to the jurisdiction of the Governor.
(8) Contracts for services to Northern Illinois
University by a person, acting as an independent
contractor, who is qualified by education, experience, and
technical ability and is selected by negotiation for the
purpose of providing non-credit educational service
activities or products by means of specialized programs
offered by the university.
(9) Procurement expenditures by the Illinois
Conservation Foundation when only private funds are used.
(10) Procurement expenditures by the Illinois Health
Information Exchange Authority involving private funds

09700HB4148sam002 - 44 - LRB097 17765 AMC 69524 a
from the Health Information Exchange Fund. "Private funds"
means gifts, donations, and private grants.
(11) Public-private agreements entered into according
to the procurement requirements of Section 20 of the
Public-Private Partnerships for Transportation Act and
design-build agreements entered into according to the
procurement requirements of Section 25 of the
Public-Private Partnerships for Transportation Act.
(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act.
(d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law. In addition, except for Section 20-160
and Article 50 of this Code, the provisions of this Code also
do not apply to contracts and subcontracts awarded pursuant to
Section 7.18 of the Illinois Lottery Law.
(e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related to
the determination of costs of a clean coal SNG brownfield
facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220 of

09700HB4148sam002 - 45 - LRB097 17765 AMC 69524 a
the Public Utilities Act, including calculating the range of
capital costs, the range of operating and maintenance costs, or
the sequestration costs or monitoring the construction of clean
coal SNG brownfield facility for the full duration of
construction.
(f) This Code does not apply to the process used by the
Illinois Power Agency to retain a mediator to mediate sourcing
agreement disputes between gas utilities and the clean coal SNG
brownfield facility, as defined in Section 1-10 of the Illinois
Power Agency Act, as required under subsection (h-1) of Section
9-220 of the Public Utilities Act.
(g) (e) This Code does not apply to the processes used by
the Illinois Power Agency to retain a mediator to mediate
contract disputes between gas utilities and the clean coal SNG
facility and to retain an expert to assist in the review of
contracts under subsection (h) of Section 9-220 of the Public
Utilities Act. This Code does not apply to the process used by
the Illinois Commerce Commission to retain an expert to assist
in determining the actual incurred costs of the clean coal SNG
facility and the reasonableness of those costs as required
under subsection (h) of Section 9-220 of the Public Utilities
Act.
(Source: P.A. 96-840, eff. 12-23-09; 96-1331, eff. 7-27-10;
97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, eff. 8-23-11;
revised 9-7-11.)

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