Sen. Ira I. Silverstein

Amends the Motor Fuel Tax Law. Makes a technical change in a Section concerning definitions.

Creates the Unsolicited Text Message Act. Prohibits the sending of an unsolicited advertisement by text messaging to a resident of this State if it will cause the recipient to incur a telecommunications charge or a usage allocation deduction. Defines terms. Requires any telecommunications company that sells or offers to sell text messaging services to offer an option allowing customers to block all incoming and outgoing text messages. Provides for administration by the Attorney General. Provides that a violation constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.

Amends the School Code. In provisions concerning bullying prevention, provides that no student shall be subjected to bullying through the use of data or computer software that is accessed at a nonschool-related location, activity, function, or program or through the use of technology or an electronic device that is not owned, leased, or used by a school district or school if the bullying substantially interferes with or limits the victim's ability to participate in or benefit from the services, activities, or opportunities offered by a school or substantially disrupts the educational process or orderly operation of a school. Provides that this prohibition does not require a school to staff or monitor any nonschool-related activity, function, or program. Provides that the physical location or time of access of a computer-related incident cannot be raised as a defense in any disciplinary action initiated under the bullying prevention provisions.

Amends the Hydraulic Fracturing Regulatory Act. Provides that on the effective date of the amendatory Act, the Department shall suspend accepting and approving any and all new permits for high volume horizontal fracturing wells and operations, horizontal drilling with fracturing operations, and Class II injection wells located in any of the 100-year floodplains in this State. Creates the Floodplain Investigative Task Force to investigate any and all adverse environmental and public health effects of the flooding in Colorado in 2013 and produce a fully-researched report. Sets forth provisions concerning the contents of the report, including recommendations to the General Assembly and the Governor for legislation to protect the public health and the environment from flood-related emergencies, blowouts, spillage, leakage, and damages associated with oil and natural gas wells, drilling operations, Class II injection wells, waste and wastewater containments, pipelines, infrastructure, chemicals, proppants, and byproducts. Sets forth Task Force membership. Requires the Task Force to submit its report to the General Assembly, the Governor, the Task Force on Hydraulic Fracturing Regulation, the Illinois State Water Survey, the Illinois Emergency Management Agency, the Department of Natural Resources, the Groundwater Advisory Council, the Illinois Association for Floodplain and Stormwater Management, and the Department of Public Health. Requires the Task Force to submit its report on or before July 1, 2015 and dissolves the Task Force on July 31, 2015. Repeals these provisions on August 1, 2015.

Amends the Hydraulic Fracturing Regulatory Act. Adds regulation of horizontal drilling with fracturing operations to the Act. Defines "owner of real property" and deletes the definition of "landowner". Requires high volume horizontal hydraulic fracturing operations or horizontal drilling with fracturing operations to obtain the consent of all the owners of real property on which, under which, and through which a vertical or horizontal wellbore will be drilled, except where an interest in a parcel has been divided, in which case consent by those holding more than 50% of that interest shall be sufficient. Requires applications under the Act to submit the proposed subsurface location of any horizontal wellbore, the names and addresses of all owners of the surface under which a horizontal wellbore is planned, the names and addresses of all owners of the surface within 500 feet of an imaginary line on the surface directly over the subsurface trajectory of any horizontal wellbore, and the names and addresses of all owners of right to the subsurface through which a vertical or horizontal wellbore is planned. Adds notice requirements. Provides that when any change is made from the planned course of a horizontal wellbore and the change involves drilling on, under, or through real property that was not identified on the original permit application or for which notice was not given or consent not obtained and shown, the change shall be considered a significant deviation from the terms of the original application and permit approval shall not proceed until notice has been given and consent has been obtained and shown to the Department of Natural Resources' satisfaction. Makes other changes.

Amends the Hydraulic Fracturing Regulatory Act. Provides that the Department of Natural Resources shall, immediately upon passage of this amendatory Act of the 98th General Assembly, suspend acceptance or approval of any and all new permits for high volume horizontal fracturing operations or horizontal drilling with fracturing operations in any and all of the geographic areas in the 9-county area situated over or located above the Mahomet aquifer in this State. Provides that the Department shall work with the Illinois State Geological Survey and the Mahomet Aquifer Consortium to determine exact map locations of all areas in this State that are situated over or located above the Mahomet aquifer. Creates the Mahomet Aquifer Task Force to investigate any and all adverse effects of high volume hydraulic fracturing operations or horizontal drilling with fracturing operations. Requires the Task Force to report to the General Assembly and the Governor on its findings.

Creates the Firearms Accountability Act. Provides that whenever any person intentionally or negligently delivers or causes to be delivered a firearm, firearm ammunition, or silencer to: (1) any person who is not legally authorized to possess that item; (2) a person who is purchasing the item on behalf of another person; or (3) any other person the deliverer knows or has reason to know will use the item unlawfully; the deliverer shall thereafter be civilly liable for the commission of any subsequent tortious conduct that directly or indirectly involves the use, attempted use, or threatened use of the item by any person. Provides that a person bringing an action under the Act may be entitled to recover punitive damages if the conduct of the defendant that gave rise to the cause of action was either intentional, reckless, or grossly negligent. Provides that persons subject to liability under the Act are jointly and severally liable.

Creates the Sudden Cardiac Arrest Prevention Act. Provides that the Act applies to public schools, school districts, and recognized nonpublic schools. Requires the Department of Public Health and the State Board of Education to develop and post on their publicly accessible Internet websites guidelines and other relevant materials to inform and educate students participating in or desiring to participate in an athletic activity, their parents, and their coaches about the nature and warning signs of sudden cardiac arrest. Sets forth provisions concerning a sudden cardiac arrest symptoms and warning signs information sheet, informational meetings regarding the symptoms and warning signs of sudden cardiac arrest, and a sudden cardiac arrest training course. Provides that (i) a student who exhibits signs or symptoms of sudden cardiac arrest while participating in an athletic activity must be removed by the team's head coach from participation at that time, (ii) if a student is known to have exhibited signs or symptoms of sudden cardiac arrest at any time prior to or following an athletic activity, the team's head coach shall prevent the student from participating in an athletic activity, and (iii) a student removed or prevented from participating in an athletic activity shall not return to participation until the student is evaluated and cleared for return to participation in writing by a physician licensed to practice medicine in all of its branches, certified nurse practitioner, or cardiologist; sets forth penalties. Contains provisions concerning other youth athletic activities, construction of the Act, and agency rules.

Amends the Illinois Vehicle Code. Defines "mobile computing headset". Provides that a person may not operate a motor vehicle while wearing a mobile computing headset. Provides limited exceptions to this prohibition for (1) law enforcement officers or emergency vehicle operators in the performance of their official duties; (2) drivers using a mobile computing headset to communicate with emergency personnel; and (3) drivers that are parked on the shoulder of a roadway.

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that notwithstanding any other provision of law, a party to a custody action who is residing in the United States under an H-4 or L-2 visa shall be allowed to permanently return to his or her country of origin with the minor child or children and commence child custody proceedings in his or her country of origin.