Rep. Brandon W. Phelps

Amends the Hazardous Material Emergency Response Reimbursement Act. Provides that the Office of the State Fire Marshal (rather than the administrative panel) shall be responsible for (i) reviewing claims made against the Emergency Response Reimbursement Fund and determining reasonable and necessary expenses to be reimbursed to an emergency response agency and (ii) affirming that the emergency response agency has made a reasonable effort to recover expended costs from involved parties. Repeals a provision granting those powers to the administrative panel. Makes other corresponding changes.

Amends the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act. Makes a technical change in a Section concerning requirements for issuance of a citation.

Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Makes a technical change in a Section concerning the Department's powers and duties.

Amends the Crossing of Railroad Right-of-way Act. Changes the short title to the Crossing and Encroachment of Railroad Right-of-way Act. Defines "encroachment" and "annual payment conversion" and makes changes to the definitions of "special circumstances" and "utility". Provides that a utility shall be deemed to have authorization to commence encroachment activity 90 days after the (i) mailing of the notice, (ii) completion of the engineering specifications, and (iii) payment of the fee. Provides that a utility that locates its facilities within the railroad right-of-way for an encroachment shall pay the rail carrier or land management company $3,000 for each 1,500 feet or portion thereof of encroachment, unless otherwise agreed to by the parties. Creates a new provision that provides that a utility may pay a rail carrier or land management company an amount equal to 10 times the agreed annual or periodic payment for a crossing or encroachment agreement in effect at the time of request by the utility. Creates a new provision that provides that agreed annual or periodic fees charged to utilities by rail carriers or land management companies for crossing or encroachment agreements may not be increased for the initial 5-year period of the agreement and thereafter may not be increased more than 2% annually. Makes changes in provisions concerning crossing and encroachment fees; powers not limited; conflicting provisions; and applicability.

Amends the Liquor Control Act of 1934. Creates a winery special use license. Provides that a winery special use license shall allow an Illinois first-class or second-class wine-maker or a first class or second class wine-manufacturer to transfer some of its wine inventory from its licensed premises to the premises specified in the local liquor authority license for sale at retail only at premises specified in the local authority license and only for the dates and times specified. Provides that a winery special use license shall be granted for a period not to exceed 12 months and may be renewed annually, provided that the applicant submits proof satisfactory to the State Commission that the applicant will provide dram shop liability insurance to the maximum limits and will obtain local authority approval. Provides that a winery special use licensee shall only sell its own manufactured wine.

Amends the Firearm Owners Identification Card Act. Makes a technical change in a Section concerning notification of dispositions of certain criminal cases.

Amends the Fish and Aquatic Life Code. Makes a technical change in a Section concerning the administration of the Code.

Amends the Conveyances Act. Provides that notwithstanding any other provision of the Act that concerns the form of a mortgage, no person may challenge the validity of or the priority of an otherwise lawfully executed and recorded mortgage solely on the basis that the rate of interest was not expressed in the mortgage.

Amends the Abused and Neglected Child Reporting Act. Requires any person who witnesses a sex offense committed against a child, as such sex offenses are defined in the Criminal Code of 1961, to immediately report the offense to the appropriate local law enforcement agency. Effective immediately.

Amends the Illinois Pension Code. Makes a technical change in a Section concerning definitions.