093_HB3188
LRB093 05878 EFG 05971 b
1 AN ACT to revise the law by combining multiple enactments
2 and making technical corrections.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Nature of this Act.
6 (a) This Act may be cited as the First 2003 General
7 Revisory Act.
8 (b) This Act is not intended to make any substantive
9 change in the law. It reconciles conflicts that have arisen
10 from multiple amendments and enactments and makes technical
11 corrections and revisions in the law.
12 This Act revises and, where appropriate, renumbers
13 certain Sections that have been added or amended by more than
14 one Public Act. In certain cases in which a repealed Act or
15 part of an Act has been replaced with a successor law, this
16 Act incorporates amendments to the repealed Act or part into
17 the successor law. This Act also corrects errors, revises
18 cross-references, and deletes obsolete text.
19 (c) In this Act, the reference at the end of each
20 amended Section indicates the sources in the Session Laws of
21 Illinois that were used in the preparation of the text of
22 that Section. The text of the Section included in this Act
23 is intended to reconcile the different versions of the
24 Section found in the Public Acts included in the list of
25 sources, but may not include other versions of the Section to
26 be found in Public Acts not included in the list of sources.
27 The list of sources is not a part of the text of the Section.
28 (d) Public Acts 92-520 through 92-886 were considered in
29 the preparation of the combining revisories included in this
30 Act. Many of those combining revisories contain no striking
31 or underscoring because no additional changes are being made
32 in the material that is being combined.
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1 (5 ILCS 80/4.13 rep.)
2 Section 4. The Regulatory Sunset Act is amended by
3 repealing Section 4.13.
4 Section 5. The Regulatory Sunset Act is amended by
5 changing Sections 4.22 and 4.23 as follows:
6 (5 ILCS 80/4.22)
7 Sec. 4.22. Acts Act repealed on January 1, 2012. The
8 following Acts are Act is repealed on January 1, 2012:
9 The Detection of Deception Examiners Act.
10 The Home Inspector License Act.
11 The Interior Design Title Act.
12 The Massage Licensing Act.
13 The Petroleum Equipment Contractors Licensing Act.
14 The Professional Boxing Act.
15 The Real Estate Appraiser Licensing Act of 2002.
16 The Water Well and Pump Installation Contractor's License
17 Act.
18 (Source: P.A. 92-104, eff. 7-20-01; 92-180, eff. 7-1-02;
19 92-239, eff. 8-3-01; 92-453, eff. 8-21-01; 92-499, eff.
20 1-1-02; 92-500, eff. 12-18-01; 92-618, eff. 7-11-02; 92-651,
21 eff. 7-11-02; 92-860, eff. 6-1-03; revised 1-18-03.)
22 (5 ILCS 80/4.23)
23 Sec. 4.23. Acts and Sections Act Section repealed on
24 January 1, 2013. The following Acts and Sections of Acts are
25 Act Section is repealed on January 1, 2013:
26 The Dietetic and Nutrition Services Practice Act.
27 The Elevator Safety and Regulation Act.
28 The Funeral Directors and Embalmers Licensing Code.
29 The Naprapathic Practice Act.
30 The Professional Counselor and Clinical Professional
31 Counselor Licensing Act.
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1 The Wholesale Drug Distribution Licensing Act.
2 Section 2.5 of the Illinois Plumbing License Law.
3 (Source: P.A. 92-586, eff. 6-26-02; 92-641, eff. 7-11-02;
4 92-642, eff. 7-11-02; 92-655, eff. 7-16-02; 92-719, eff.
5 7-25-02; 92-778, eff. 8-6-02; 92-873, eff. 6-1-03; revised
6 1-18-03.)
7 Section 6. The Illinois Administrative Procedure Act is
8 amended by changing Section 1-5 as follows:
9 (5 ILCS 100/1-5) (from Ch. 127, par. 1001-5)
10 Sec. 1-5. Applicability.
11 (a) This Act applies to every agency as defined in this
12 Act. Beginning January 1, 1978, in case of conflict between
13 the provisions of this Act and the Act creating or conferring
14 power on an agency, this Act shall control. If, however, an
15 agency (or its predecessor in the case of an agency that has
16 been consolidated or reorganized) has existing procedures on
17 July 1, 1977, specifically for contested cases or licensing,
18 those existing provisions control, except that this exception
19 respecting contested cases and licensing does not apply if
20 the Act creating or conferring power on the agency adopts by
21 express reference the provisions of this Act. Where the Act
22 creating or conferring power on an agency establishes
23 administrative procedures not covered by this Act, those
24 procedures shall remain in effect.
25 (b) The provisions of this Act do not apply to (i)
26 preliminary hearings, investigations, or practices where no
27 final determinations affecting State funding are made by the
28 State Board of Education, (ii) legal opinions issued under
29 Section 2-3.7 of the School Code, (iii) as to State colleges
30 and universities, their disciplinary and grievance
31 proceedings, academic irregularity and capricious grading
32 proceedings, and admission standards and procedures, and (iv)
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1 the class specifications for positions and individual
2 position descriptions prepared and maintained under the
3 Personnel Code. Those class specifications shall, however,
4 be made reasonably available to the public for inspection and
5 copying. The provisions of this Act do not apply to hearings
6 under Section 20 of the Uniform Disposition of Unclaimed
7 Property Act.
8 (c) Section 5-35 of this Act relating to procedures for
9 rulemaking does not apply to the following:
10 (1) Rules adopted by the Pollution Control Board
11 that, in accordance with Section 7.2 of the Environmental
12 Protection Act, are identical in substance to federal
13 regulations or amendments to those regulations
14 implementing the following: Sections 3001, 3002, 3003,
15 3004, 3005, and 9003 of the Solid Waste Disposal Act;
16 Section 105 of the Comprehensive Environmental Response,
17 Compensation, and Liability Act of 1980; Sections 307(b),
18 307(c), 307(d), 402(b)(8), and 402(b)(9) of the Federal
19 Water Pollution Control Act; and Sections 1412(b),
20 1414(c), 1417(a), 1421, and 1445(a) of the Safe Drinking
21 Water Act.
22 (2) Rules adopted by the Pollution Control Board
23 that establish or amend standards for the emission of
24 hydrocarbons and carbon monoxide from gasoline powered
25 motor vehicles subject to inspection under Section
26 13A-105 of the Vehicle Emissions Inspection Law and rules
27 adopted under Section 13B-20 of the Vehicle Emissions
28 Inspection Law of 1995.
29 (3) Procedural rules adopted by the Pollution
30 Control Board governing requests for exceptions under
31 Section 14.2 of the Environmental Protection Act.
32 (4) The Pollution Control Board's grant, pursuant
33 to an adjudicatory determination, of an adjusted standard
34 for persons who can justify an adjustment consistent with
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1 subsection (a) of Section 27 of the Environmental
2 Protection Act.
3 (5) Rules adopted by the Pollution Control Board
4 that are identical in substance to the regulations
5 adopted by the Office of the State Fire Marshal under
6 clause (ii) of paragraph (b) of subsection (3) of Section
7 2 of the Gasoline Storage Act.
8 (d) Pay rates established under Section 8a of the
9 Personnel Code shall be amended or repealed pursuant to the
10 process set forth in Section 5-50 within 30 days after it
11 becomes necessary to do so due to a conflict between the
12 rates and the terms of a collective bargaining agreement
13 covering the compensation of an employee subject to that
14 Code.
15 (e) Section 10-45 of this Act shall not apply to any
16 hearing, proceeding, or investigation conducted under Section
17 13-515 of the Public Utilities Act.
18 (f) Article 10 of this Act does not apply to any
19 hearing, proceeding, or investigation conducted by the State
20 Council for the State of Illinois created under Section
21 3-3-11.05 of the Unified Code of Corrections or by the
22 Interstate Commission Commision for Adult Offender
23 Supervision created under the Interstate Compact for Adult
24 Offender Supervision.
25 (Source: P.A. 92-571, eff. 6-26-02; revised 7-25-02.)
26 Section 7. The State Records Act is amended by changing
27 Section 7 as follows:
28 (5 ILCS 160/7) (from Ch. 116, par. 43.10)
29 Sec. 7. Powers and duties of the Secretary.:
30 (1) The Secretary, whenever it appears to him to be in
31 the public interest, may accept for deposit in the State
32 Archives the records of any agency or of the Legislative or
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1 Judicial branches of the State government that are determined
2 by him to have sufficient historical or other value to
3 warrant the permanent preservation of such records by the
4 State of Illinois.;
5 (2) The Secretary may accept for deposit in the State
6 Archives official papers, photographs, microfilm, electronic
7 and digital records, drawings, maps, writings, and records of
8 every description of counties, municipal corporations,
9 political subdivisions and courts of this State, and records
10 of the federal government pertaining to Illinois, when such
11 materials are deemed by the Secretary to have sufficient
12 historical or other value to warrant their continued
13 preservation by the State of Illinois.
14 (3) The Secretary, whenever he deems it in the public
15 interest, may accept for deposit in the State Archives motion
16 picture films, still pictures, and sound recordings that are
17 appropriate for preservation by the State government as
18 evidence of its organization, functions and policies.
19 (4) The Secretary shall be responsible for the custody,
20 use, servicing and withdrawal of records transferred for
21 deposit in the State Archives. The Secretary shall observe
22 any rights, limitations, or restrictions imposed by law
23 relating to the use of records, including the provisions of
24 the Mental Health and Developmental Disabilities
25 Confidentiality Act which limit access to certain records or
26 which permit access to certain records only after the removal
27 of all personally identifiable data. Access to restricted
28 records shall be at the direction of the depositing State
29 agency or, in the case of records deposited by the
30 legislative or judicial branches of State government at the
31 direction of the branch which deposited them, but no
32 limitation on access to such records shall extend more than
33 75 years after the creation of the records, except as
34 provided in the Mental Health and Developmental Disabilities
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1 Confidentiality Act. The Secretary shall not impose
2 restrictions on the use of records that are defined by law as
3 public records or as records open to public inspection.;
4 (5) The Secretary shall make provision for the
5 preservation, arrangement, repair, and rehabilitation,
6 duplication and reproduction, description, and exhibition of
7 records deposited in the State Archives as may be needed or
8 appropriate.;
9 (6) The Secretary shall make or reproduce and furnish
10 upon demand authenticated or unauthenticated copies of any of
11 the documents, photographic material or other records
12 deposited in the State Archives, the public examination of
13 which is not prohibited by statutory limitations or
14 restrictions or protected by copyright. The Secretary shall
15 charge a fee therefor in accordance with the schedule of fees
16 in Section 5.5 of the Secretary of State Act 10 of "An Act
17 concerning fees and salaries, and to classify the several
18 counties of this state with reference thereto," approved
19 March 29, 1872, as amended, except that there shall be no
20 charge for making or authentication of such copies or
21 reproductions furnished to any department or agency of the
22 State for official use. When any such copy or reproduction
23 is authenticated by the Great Seal of the State of Illinois
24 and is certified by the Secretary, or in his name by his
25 authorized representative, such copy or reproduction shall be
26 admitted in evidence as if it were the original.
27 (7) Any official of the State of Illinois may turn over
28 to the Secretary of State, with his consent, for permanent
29 preservation in the State Archives, any official books,
30 records, documents, original papers, or files, not in current
31 use in his office, taking a receipt therefor.
32 (8) (Blank).
33 (9) The Secretary may cooperate with the Illinois State
34 Genealogical Society, or its successor organization, for the
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1 mutual benefit of the Society and the Illinois State
2 Archives, with the State Archives furnishing necessary space
3 for the society to carry on its functions and keep its
4 records, to receive publications of the Illinois State
5 Genealogical Society, to use members of the Illinois State
6 Genealogical Society as volunteers in various archival
7 projects and to store the Illinois State Genealogical
8 Society's film collections.
9 (Source: P.A. 92-866, eff. 1-3-03; revised 1-20-03.)
10 Section 8. The State Employees Group Insurance Act of
11 1971 is amended by changing Sections 6.5 and 10 as follows:
12 (5 ILCS 375/6.5)
13 (Section scheduled to be repealed on July 1, 2004)
14 Sec. 6.5. Health benefits for TRS benefit recipients and
15 TRS dependent beneficiaries.
16 (a) Purpose. It is the purpose of this amendatory Act
17 of 1995 to transfer the administration of the program of
18 health benefits established for benefit recipients and their
19 dependent beneficiaries under Article 16 of the Illinois
20 Pension Code to the Department of Central Management
21 Services.
22 (b) Transition provisions. The Board of Trustees of the
23 Teachers' Retirement System shall continue to administer the
24 health benefit program established under Article 16 of the
25 Illinois Pension Code through December 31, 1995. Beginning
26 January 1, 1996, the Department of Central Management
27 Services shall be responsible for administering a program of
28 health benefits for TRS benefit recipients and TRS dependent
29 beneficiaries under this Section. The Department of Central
30 Management Services and the Teachers' Retirement System shall
31 cooperate in this endeavor and shall coordinate their
32 activities so as to ensure a smooth transition and
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1 uninterrupted health benefit coverage.
2 (c) Eligibility. All persons who were enrolled in the
3 Article 16 program at the time of the transfer shall be
4 eligible to participate in the program established under this
5 Section without any interruption or delay in coverage or
6 limitation as to pre-existing medical conditions.
7 Eligibility to participate shall be determined by the
8 Teachers' Retirement System. Eligibility information shall
9 be communicated to the Department of Central Management
10 Services in a format acceptable to the Department.
11 A TRS dependent beneficiary who is an unmarried child age
12 19 or over and mentally or physically handicapped does not
13 become ineligible to participate by reason of (i) becoming
14 ineligible to be claimed as a dependent for Illinois or
15 federal income tax purposes or (ii) receiving earned income,
16 so long as those earnings are insufficient for the child to
17 be fully self-sufficient.
18 (d) Coverage. The level of health benefits provided
19 under this Section shall be similar to the level of benefits
20 provided by the program previously established under Article
21 16 of the Illinois Pension Code.
22 Group life insurance benefits are not included in the
23 benefits to be provided to TRS benefit recipients and TRS
24 dependent beneficiaries under this Act.
25 The program of health benefits under this Section may
26 include any or all of the benefit limitations, including but
27 not limited to a reduction in benefits based on eligibility
28 for federal medicare benefits, that are provided under
29 subsection (a) of Section 6 of this Act for other health
30 benefit programs under this Act.
31 (e) Insurance rates and premiums. The Director shall
32 determine the insurance rates and premiums for TRS benefit
33 recipients and TRS dependent beneficiaries, and shall present
34 to the Teachers' Retirement System of the State of Illinois,
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1 by April 15 of each calendar year, the rate-setting
2 methodology (including but not limited to utilization levels
3 and costs) used to determine the amount of the health care
4 premiums.
5 For Fiscal Year 1996, the premium shall be equal to the
6 premium actually charged in Fiscal Year 1995; in subsequent
7 years, the premium shall never be lower than the premium
8 charged in Fiscal Year 1995. For Fiscal Year 2003, the
9 premium shall not exceed 110% of the premium actually charged
10 in Fiscal Year 2002. For Fiscal Year 2004, the premium shall
11 not exceed 112% of the premium actually charged in Fiscal
12 Year 2003.
13 Rates and premiums may be based in part on age and
14 eligibility for federal medicare coverage. However, the cost
15 of participation for a TRS dependent beneficiary who is an
16 unmarried child age 19 or over and mentally or physically
17 handicapped shall not exceed the cost for a TRS dependent
18 beneficiary who is an unmarried child under age 19 and
19 participates in the same major medical or managed care
20 program.
21 The cost of health benefits under the program shall be
22 paid as follows:
23 (1) For a TRS benefit recipient selecting a managed
24 care program, up to 75% of the total insurance rate shall
25 be paid from the Teacher Health Insurance Security Fund.
26 (2) For a TRS benefit recipient selecting the major
27 medical coverage program, up to 50% of the total
28 insurance rate shall be paid from the Teacher Health
29 Insurance Security Fund if a managed care program is
30 accessible, as determined by the Teachers' Retirement
31 System.
32 (3) For a TRS benefit recipient selecting the major
33 medical coverage program, up to 75% of the total
34 insurance rate shall be paid from the Teacher Health
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1 Insurance Security Fund if a managed care program is not
2 accessible, as determined by the Teachers' Retirement
3 System.
4 (4) The balance of the rate of insurance, including
5 the entire premium of any coverage for TRS dependent
6 beneficiaries that has been elected, shall be paid by
7 deductions authorized by the TRS benefit recipient to be
8 withheld from his or her monthly annuity or benefit
9 payment from the Teachers' Retirement System; except that
10 (i) if the balance of the cost of coverage exceeds the
11 amount of the monthly annuity or benefit payment, the
12 difference shall be paid directly to the Teachers'
13 Retirement System by the TRS benefit recipient, and (ii)
14 all or part of the balance of the cost of coverage may,
15 at the school board's option, be paid to the Teachers'
16 Retirement System by the school board of the school
17 district from which the TRS benefit recipient retired, in
18 accordance with Section 10-22.3b of the School Code. The
19 Teachers' Retirement System shall promptly deposit all
20 moneys withheld by or paid to it under this subdivision
21 (e)(4) into the Teacher Health Insurance Security Fund.
22 These moneys shall not be considered assets of the
23 Retirement System.
24 (f) Financing. Beginning July 1, 1995, all revenues
25 arising from the administration of the health benefit
26 programs established under Article 16 of the Illinois Pension
27 Code or this Section shall be deposited into the Teacher
28 Health Insurance Security Fund, which is hereby created as a
29 nonappropriated trust fund to be held outside the State
30 Treasury, with the State Treasurer as custodian. Any
31 interest earned on moneys in the Teacher Health Insurance
32 Security Fund shall be deposited into the Fund.
33 Moneys in the Teacher Health Insurance Security Fund
34 shall be used only to pay the costs of the health benefit
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1 program established under this Section, including associated
2 administrative costs, and the costs associated with the
3 health benefit program established under Article 16 of the
4 Illinois Pension Code, as authorized in this Section.
5 Beginning July 1, 1995, the Department of Central Management
6 Services may make expenditures from the Teacher Health
7 Insurance Security Fund for those costs.
8 After other funds authorized for the payment of the costs
9 of the health benefit program established under Article 16 of
10 the Illinois Pension Code are exhausted and until January 1,
11 1996 (or such later date as may be agreed upon by the
12 Director of Central Management Services and the Secretary of
13 the Teachers' Retirement System), the Secretary of the
14 Teachers' Retirement System may make expenditures from the
15 Teacher Health Insurance Security Fund as necessary to pay up
16 to 75% of the cost of providing health coverage to eligible
17 benefit recipients (as defined in Sections 16-153.1 and
18 16-153.3 of the Illinois Pension Code) who are enrolled in
19 the Article 16 health benefit program and to facilitate the
20 transfer of administration of the health benefit program to
21 the Department of Central Management Services.
22 (g) Contract for benefits. The Director shall by
23 contract, self-insurance, or otherwise make available the
24 program of health benefits for TRS benefit recipients and
25 their TRS dependent beneficiaries that is provided for in
26 this Section. The contract or other arrangement for the
27 provision of these health benefits shall be on terms deemed
28 by the Director to be in the best interest of the State of
29 Illinois and the TRS benefit recipients based on, but not
30 limited to, such criteria as administrative cost, service
31 capabilities of the carrier or other contractor, and the
32 costs of the benefits.
33 (h) Continuation and termination of program. It is the
34 intention of the General Assembly that the program of health
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1 benefits provided under this Section be maintained on an
2 ongoing, affordable basis through June 30, 2004. The program
3 of health benefits provided under this Section is terminated
4 on July 1, 2004.
5 The program of health benefits provided under this
6 Section may be amended by the State and is not intended to be
7 a pension or retirement benefit subject to protection under
8 Article XIII, Section 5 of the Illinois Constitution.
9 (i) Repeal. This Section is repealed on July 1, 2004.
10 (Source: P.A. 92-505, eff. 12-20-01; 92-862, eff. 1-3-03;
11 revised 1-10-03.)
12 (5 ILCS 375/10) (from Ch. 127, par. 530)
13 Sec. 10. Payments by State; premiums.
14 (a) The State shall pay the cost of basic
15 non-contributory group life insurance and, subject to member
16 paid contributions set by the Department or required by this
17 Section, the basic program of group health benefits on each
18 eligible member, except a member, not otherwise covered by
19 this Act, who has retired as a participating member under
20 Article 2 of the Illinois Pension Code but is ineligible for
21 the retirement annuity under Section 2-119 of the Illinois
22 Pension Code, and part of each eligible member's and retired
23 member's premiums for health insurance coverage for enrolled
24 dependents as provided by Section 9. The State shall pay the
25 cost of the basic program of group health benefits only after
26 benefits are reduced by the amount of benefits covered by
27 Medicare for all members and dependents who are eligible for
28 benefits under Social Security or the Railroad Retirement
29 system or who had sufficient Medicare-covered government
30 employment, except that such reduction in benefits shall
31 apply only to those members and dependents who (1) first
32 become eligible for such Medicare coverage on or after July
33 1, 1992; or (2) are Medicare-eligible members or dependents
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1 of a local government unit which began participation in the
2 program on or after July 1, 1992; or (3) remain eligible for,
3 but no longer receive Medicare coverage which they had been
4 receiving on or after July 1, 1992. The Department may
5 determine the aggregate level of the State's contribution on
6 the basis of actual cost of medical services adjusted for
7 age, sex or geographic or other demographic characteristics
8 which affect the costs of such programs.
9 The cost of participation in the basic program of group
10 health benefits for the dependent or survivor of a living or
11 deceased retired employee who was formerly employed by the
12 University of Illinois in the Cooperative Extension Service
13 and would be an annuitant but for the fact that he or she was
14 made ineligible to participate in the State Universities
15 Retirement System by clause (4) of subsection (a) of Section
16 15-107 of the Illinois Pension Code shall not be greater than
17 the cost of participation that would otherwise apply to that
18 dependent or survivor if he or she were the dependent or
19 survivor of an annuitant under the State Universities
20 Retirement System.
21 (a-1) Beginning January 1, 1998, for each person who
22 becomes a new SERS annuitant and participates in the basic
23 program of group health benefits, the State shall contribute
24 toward the cost of the annuitant's coverage under the basic
25 program of group health benefits an amount equal to 5% of
26 that cost for each full year of creditable service upon which
27 the annuitant's retirement annuity is based, up to a maximum
28 of 100% for an annuitant with 20 or more years of creditable
29 service. The remainder of the cost of a new SERS annuitant's
30 coverage under the basic program of group health benefits
31 shall be the responsibility of the annuitant.
32 (a-2) Beginning January 1, 1998, for each person who
33 becomes a new SERS survivor and participates in the basic
34 program of group health benefits, the State shall contribute
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1 toward the cost of the survivor's coverage under the basic
2 program of group health benefits an amount equal to 5% of
3 that cost for each full year of the deceased employee's or
4 deceased annuitant's creditable service in the State
5 Employees' Retirement System of Illinois on the date of
6 death, up to a maximum of 100% for a survivor of an employee
7 or annuitant with 20 or more years of creditable service.
8 The remainder of the cost of the new SERS survivor's coverage
9 under the basic program of group health benefits shall be the
10 responsibility of the survivor.
11 (a-3) Beginning January 1, 1998, for each person who
12 becomes a new SURS annuitant and participates in the basic
13 program of group health benefits, the State shall contribute
14 toward the cost of the annuitant's coverage under the basic
15 program of group health benefits an amount equal to 5% of
16 that cost for each full year of creditable service upon which
17 the annuitant's retirement annuity is based, up to a maximum
18 of 100% for an annuitant with 20 or more years of creditable
19 service. The remainder of the cost of a new SURS annuitant's
20 coverage under the basic program of group health benefits
21 shall be the responsibility of the annuitant.
22 (a-4) (Blank).
23 (a-5) Beginning January 1, 1998, for each person who
24 becomes a new SURS survivor and participates in the basic
25 program of group health benefits, the State shall contribute
26 toward the cost of the survivor's coverage under the basic
27 program of group health benefits an amount equal to 5% of
28 that cost for each full year of the deceased employee's or
29 deceased annuitant's creditable service in the State
30 Universities Retirement System on the date of death, up to a
31 maximum of 100% for a survivor of an employee or annuitant
32 with 20 or more years of creditable service. The remainder
33 of the cost of the new SURS survivor's coverage under the
34 basic program of group health benefits shall be the
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1 responsibility of the survivor.
2 (a-6) Beginning July 1, 1998, for each person who
3 becomes a new TRS State annuitant and participates in the
4 basic program of group health benefits, the State shall
5 contribute toward the cost of the annuitant's coverage under
6 the basic program of group health benefits an amount equal to
7 5% of that cost for each full year of creditable service as a
8 teacher as defined in paragraph (2), (3), or (5) of Section
9 16-106 of the Illinois Pension Code upon which the
10 annuitant's retirement annuity is based, up to a maximum of
11 100%; except that the State contribution shall be 12.5% per
12 year (rather than 5%) for each full year of creditable
13 service as a regional superintendent or assistant regional
14 superintendent of schools. The remainder of the cost of a
15 new TRS State annuitant's coverage under the basic program of
16 group health benefits shall be the responsibility of the
17 annuitant.
18 (a-7) Beginning July 1, 1998, for each person who
19 becomes a new TRS State survivor and participates in the
20 basic program of group health benefits, the State shall
21 contribute toward the cost of the survivor's coverage under
22 the basic program of group health benefits an amount equal to
23 5% of that cost for each full year of the deceased employee's
24 or deceased annuitant's creditable service as a teacher as
25 defined in paragraph (2), (3), or (5) of Section 16-106 of
26 the Illinois Pension Code on the date of death, up to a
27 maximum of 100%; except that the State contribution shall be
28 12.5% per year (rather than 5%) for each full year of the
29 deceased employee's or deceased annuitant's creditable
30 service as a regional superintendent or assistant regional
31 superintendent of schools. The remainder of the cost of the
32 new TRS State survivor's coverage under the basic program of
33 group health benefits shall be the responsibility of the
34 survivor.
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1 (a-8) A new SERS annuitant, new SERS survivor, new SURS
2 annuitant, new SURS survivor, new TRS State annuitant, or new
3 TRS State survivor may waive or terminate coverage in the
4 program of group health benefits. Any such annuitant or
5 survivor who has waived or terminated coverage may enroll or
6 re-enroll in the program of group health benefits only during
7 the annual benefit choice period, as determined by the
8 Director; except that in the event of termination of coverage
9 due to nonpayment of premiums, the annuitant or survivor may
10 not re-enroll in the program.
11 (a-9) No later than May 1 of each calendar year, the
12 Director of Central Management Services shall certify in
13 writing to the Executive Secretary of the State Employees'
14 Retirement System of Illinois the amounts of the Medicare
15 supplement health care premiums and the amounts of the health
16 care premiums for all other retirees who are not Medicare
17 eligible.
18 A separate calculation of the premiums based upon the
19 actual cost of each health care plan shall be so certified.
20 The Director of Central Management Services shall provide
21 to the Executive Secretary of the State Employees' Retirement
22 System of Illinois such information, statistics, and other
23 data as he or she may require to review the premium amounts
24 certified by the Director of Central Management Services.
25 (b) State employees who become eligible for this program
26 on or after January 1, 1980 in positions normally requiring
27 actual performance of duty not less than 1/2 of a normal work
28 period but not equal to that of a normal work period, shall
29 be given the option of participating in the available
30 program. If the employee elects coverage, the State shall
31 contribute on behalf of such employee to the cost of the
32 employee's benefit and any applicable dependent supplement,
33 that sum which bears the same percentage as that percentage
34 of time the employee regularly works when compared to normal
-18- LRB093 05878 EFG 05971 b
1 work period.
2 (c) The basic non-contributory coverage from the basic
3 program of group health benefits shall be continued for each
4 employee not in pay status or on active service by reason of
5 (1) leave of absence due to illness or injury, (2) authorized
6 educational leave of absence or sabbatical leave, or (3)
7 military leave with pay and benefits. This coverage shall
8 continue until expiration of authorized leave and return to
9 active service, but not to exceed 24 months for leaves under
10 item (1) or (2). This 24-month limitation and the requirement
11 of returning to active service shall not apply to persons
12 receiving ordinary or accidental disability benefits or
13 retirement benefits through the appropriate State retirement
14 system or benefits under the Workers' Compensation or
15 Occupational Disease Act.
16 (d) The basic group life insurance coverage shall
17 continue, with full State contribution, where such person is
18 (1) absent from active service by reason of disability
19 arising from any cause other than self-inflicted, (2) on
20 authorized educational leave of absence or sabbatical leave,
21 or (3) on military leave with pay and benefits.
22 (e) Where the person is in non-pay status for a period
23 in excess of 30 days or on leave of absence, other than by
24 reason of disability, educational or sabbatical leave, or
25 military leave with pay and benefits, such person may
26 continue coverage only by making personal payment equal to
27 the amount normally contributed by the State on such person's
28 behalf. Such payments and coverage may be continued: (1)
29 until such time as the person returns to a status eligible
30 for coverage at State expense, but not to exceed 24 months,
31 (2) until such person's employment or annuitant status with
32 the State is terminated, or (3) for a maximum period of 4
33 years for members on military leave with pay and benefits and
34 military leave without pay and benefits (exclusive of any
-19- LRB093 05878 EFG 05971 b
1 additional service imposed pursuant to law).
2 (f) The Department shall establish by rule the extent
3 to which other employee benefits will continue for persons in
4 non-pay status or who are not in active service.
5 (g) The State shall not pay the cost of the basic
6 non-contributory group life insurance, program of health
7 benefits and other employee benefits for members who are
8 survivors as defined by paragraphs (1) and (2) of subsection
9 (q) of Section 3 of this Act. The costs of benefits for
10 these survivors shall be paid by the survivors or by the
11 University of Illinois Cooperative Extension Service, or any
12 combination thereof. However, the State shall pay the amount
13 of the reduction in the cost of participation, if any,
14 resulting from the amendment to subsection (a) made by this
15 amendatory Act of the 91st General Assembly.
16 (h) Those persons occupying positions with any
17 department as a result of emergency appointments pursuant to
18 Section 8b.8 of the Personnel Code who are not considered
19 employees under this Act shall be given the option of
20 participating in the programs of group life insurance, health
21 benefits and other employee benefits. Such persons electing
22 coverage may participate only by making payment equal to the
23 amount normally contributed by the State for similarly
24 situated employees. Such amounts shall be determined by the
25 Director. Such payments and coverage may be continued until
26 such time as the person becomes an employee pursuant to this
27 Act or such person's appointment is terminated.
28 (i) Any unit of local government within the State of
29 Illinois may apply to the Director to have its employees,
30 annuitants, and their dependents provided group health
31 coverage under this Act on a non-insured basis. To
32 participate, a unit of local government must agree to enroll
33 all of its employees, who may select coverage under either
34 the State group health benefits plan or a health maintenance
-20- LRB093 05878 EFG 05971 b
1 organization that has contracted with the State to be
2 available as a health care provider for employees as defined
3 in this Act. A unit of local government must remit the
4 entire cost of providing coverage under the State group
5 health benefits plan or, for coverage under a health
6 maintenance organization, an amount determined by the
7 Director based on an analysis of the sex, age, geographic
8 location, or other relevant demographic variables for its
9 employees, except that the unit of local government shall not
10 be required to enroll those of its employees who are covered
11 spouses or dependents under this plan or another group policy
12 or plan providing health benefits as long as (1) an
13 appropriate official from the unit of local government
14 attests that each employee not enrolled is a covered spouse
15 or dependent under this plan or another group policy or plan,
16 and (2) at least 85% of the employees are enrolled and the
17 unit of local government remits the entire cost of providing
18 coverage to those employees, except that a participating
19 school district must have enrolled at least 85% of its
20 full-time employees who have not waived coverage under the
21 district's group health plan by participating in a component
22 of the district's cafeteria plan. A participating school
23 district is not required to enroll a full-time employee who
24 has waived coverage under the district's health plan,
25 provided that an appropriate official from the participating
26 school district attests that the full-time employee has
27 waived coverage by participating in a component of the
28 district's cafeteria plan. For the purposes of this
29 subsection, "participating school district" includes a unit
30 of local government whose primary purpose is education as
31 defined by the Department's rules.
32 Employees of a participating unit of local government who
33 are not enrolled due to coverage under another group health
34 policy or plan may enroll in the event of a qualifying change
-21- LRB093 05878 EFG 05971 b
1 in status, special enrollment, special circumstance as
2 defined by the Director, or during the annual Benefit Choice
3 Period. A participating unit of local government may also
4 elect to cover its annuitants. Dependent coverage shall be
5 offered on an optional basis, with the costs paid by the unit
6 of local government, its employees, or some combination of
7 the two as determined by the unit of local government. The
8 unit of local government shall be responsible for timely
9 collection and transmission of dependent premiums.
10 The Director shall annually determine monthly rates of
11 payment, subject to the following constraints:
12 (1) In the first year of coverage, the rates shall
13 be equal to the amount normally charged to State
14 employees for elected optional coverages or for enrolled
15 dependents coverages or other contributory coverages, or
16 contributed by the State for basic insurance coverages on
17 behalf of its employees, adjusted for differences between
18 State employees and employees of the local government in
19 age, sex, geographic location or other relevant
20 demographic variables, plus an amount sufficient to pay
21 for the additional administrative costs of providing
22 coverage to employees of the unit of local government and
23 their dependents.
24 (2) In subsequent years, a further adjustment shall
25 be made to reflect the actual prior years' claims
26 experience of the employees of the unit of local
27 government.
28 In the case of coverage of local government employees
29 under a health maintenance organization, the Director shall
30 annually determine for each participating unit of local
31 government the maximum monthly amount the unit may contribute
32 toward that coverage, based on an analysis of (i) the age,
33 sex, geographic location, and other relevant demographic
34 variables of the unit's employees and (ii) the cost to cover
-22- LRB093 05878 EFG 05971 b
1 those employees under the State group health benefits plan.
2 The Director may similarly determine the maximum monthly
3 amount each unit of local government may contribute toward
4 coverage of its employees' dependents under a health
5 maintenance organization.
6 Monthly payments by the unit of local government or its
7 employees for group health benefits plan or health
8 maintenance organization coverage shall be deposited in the
9 Local Government Health Insurance Reserve Fund.
10 The Local Government Health Insurance Reserve Fund shall
11 be a continuing fund not subject to fiscal year limitations.
12 All expenditures from this Fund shall be used for payments
13 for health care benefits for local government, domestic
14 violence shelter or service, and rehabilitation facility
15 employees, annuitants, and dependents, and to reimburse the
16 Department or its administrative service organization for all
17 expenses incurred in the administration of benefits. No
18 other State funds may be used for these purposes.
19 A local government employer's participation or desire to
20 participate in a program created under this subsection shall
21 not limit that employer's duty to bargain with the
22 representative of any collective bargaining unit of its
23 employees.
24 (j) Any rehabilitation facility within the State of
25 Illinois may apply to the Director to have its employees,
26 annuitants, and their eligible dependents provided group
27 health coverage under this Act on a non-insured basis. To
28 participate, a rehabilitation facility must agree to enroll
29 all of its employees and remit the entire cost of providing
30 such coverage for its employees, except that the
31 rehabilitation facility shall not be required to enroll those
32 of its employees who are covered spouses or dependents under
33 this plan or another group policy or plan providing health
34 benefits as long as (1) an appropriate official from the
-23- LRB093 05878 EFG 05971 b
1 rehabilitation facility attests that each employee not
2 enrolled is a covered spouse or dependent under this plan or
3 another group policy or plan, and (2) at least 85% of the
4 employees are enrolled and the rehabilitation facility remits
5 the entire cost of providing coverage to those employees.
6 Employees of a participating rehabilitation facility who are
7 not enrolled due to coverage under another group health
8 policy or plan may enroll in the event of a qualifying change
9 in status, special enrollment, special circumstance as
10 defined by the Director, or during the annual Benefit Choice
11 Period. A participating rehabilitation facility may also
12 elect to cover its annuitants. Dependent coverage shall be
13 offered on an optional basis, with the costs paid by the
14 rehabilitation facility, its employees, or some combination
15 of the 2 as determined by the rehabilitation facility. The
16 rehabilitation facility shall be responsible for timely
17 collection and transmission of dependent premiums.
18 The Director shall annually determine quarterly rates of
19 payment, subject to the following constraints:
20 (1) In the first year of coverage, the rates shall
21 be equal to the amount normally charged to State
22 employees for elected optional coverages or for enrolled
23 dependents coverages or other contributory coverages on
24 behalf of its employees, adjusted for differences between
25 State employees and employees of the rehabilitation
26 facility in age, sex, geographic location or other
27 relevant demographic variables, plus an amount sufficient
28 to pay for the additional administrative costs of
29 providing coverage to employees of the rehabilitation
30 facility and their dependents.
31 (2) In subsequent years, a further adjustment shall
32 be made to reflect the actual prior years' claims
33 experience of the employees of the rehabilitation
34 facility.
-24- LRB093 05878 EFG 05971 b
1 Monthly payments by the rehabilitation facility or its
2 employees for group health benefits shall be deposited in the
3 Local Government Health Insurance Reserve Fund.
4 (k) Any domestic violence shelter or service within the
5 State of Illinois may apply to the Director to have its
6 employees, annuitants, and their dependents provided group
7 health coverage under this Act on a non-insured basis. To
8 participate, a domestic violence shelter or service must
9 agree to enroll all of its employees and pay the entire cost
10 of providing such coverage for its employees. A
11 participating domestic violence shelter may also elect to
12 cover its annuitants. Dependent coverage shall be offered on
13 an optional basis, with the costs paid by the domestic
14 violence shelter or service, its employees, or some
15 combination of the 2 as determined by the domestic violence
16 shelter or service. The domestic violence shelter or service
17 shall be responsible for timely collection and transmission
18 of dependent premiums.
19 The Director shall annually determine rates of payment,
20 subject to the following constraints:
21 (1) In the first year of coverage, the rates shall
22 be equal to the amount normally charged to State
23 employees for elected optional coverages or for enrolled
24 dependents coverages or other contributory coverages on
25 behalf of its employees, adjusted for differences between
26 State employees and employees of the domestic violence
27 shelter or service in age, sex, geographic location or
28 other relevant demographic variables, plus an amount
29 sufficient to pay for the additional administrative costs
30 of providing coverage to employees of the domestic
31 violence shelter or service and their dependents.
32 (2) In subsequent years, a further adjustment shall
33 be made to reflect the actual prior years' claims
34 experience of the employees of the domestic violence
-25- LRB093 05878 EFG 05971 b
1 shelter or service.
2 Monthly payments by the domestic violence shelter or
3 service or its employees for group health insurance shall be
4 deposited in the Local Government Health Insurance Reserve
5 Fund.
6 (l) A public community college or entity organized
7 pursuant to the Public Community College Act may apply to the
8 Director initially to have only annuitants not covered prior
9 to July 1, 1992 by the district's health plan provided health
10 coverage under this Act on a non-insured basis. The
11 community college must execute a 2-year contract to
12 participate in the Local Government Health Plan. Any
13 annuitant may enroll in the event of a qualifying change in
14 status, special enrollment, special circumstance as defined
15 by the Director, or during the annual Benefit Choice Period.
16 The Director shall annually determine monthly rates of
17 payment subject to the following constraints: for those
18 community colleges with annuitants only enrolled, first year
19 rates shall be equal to the average cost to cover claims for
20 a State member adjusted for demographics, Medicare
21 participation, and other factors; and in the second year, a
22 further adjustment of rates shall be made to reflect the
23 actual first year's claims experience of the covered
24 annuitants.
25 (l-5) The provisions of subsection (l) become
26 inoperative on July 1, 1999.
27 (m) The Director shall adopt any rules deemed necessary
28 for implementation of this amendatory Act of 1989 (Public Act
29 86-978).
30 (Source: P.A. 91-280, eff. 7-23-99; 91-311; eff. 7-29-99;
31 91-357, eff. 7-29-99; 91-390, eff. 7-30-99; 91-395, eff.
32 7-30-99; 91-617, eff. 8-19-99; 92-16, eff. 6-28-01; revised
33 2-25-02.)
-26- LRB093 05878 EFG 05971 b
1 Section 9. The Deposit of State Moneys Act is amended by
2 changing Sections 7 and 22.5 as follows:
3 (15 ILCS 520/7) (from Ch. 130, par. 26)
4 Sec. 7. (a) Proposals made may either be approved or
5 rejected by the State Treasurer. A bank or savings and loan
6 association whose proposal is approved shall be eligible to
7 become a State depositary for the class or classes of funds
8 covered by its proposal. A bank or savings and loan
9 association whose proposal is rejected shall not be so
10 eligible. The State Treasurer shall seek to have at all
11 times a total of not less than 20 banks or savings and loan
12 associations which are approved as State depositaries for
13 time deposits.
14 (b) The State Treasurer may, in his discretion, accept a
15 proposal from an eligible institution which provides for a
16 reduced rate of interest provided that such institution
17 documents the use of deposited funds for community
18 development projects.
19 (b-5) The State Treasurer may, in his or her discretion,
20 accept a proposal from an eligible institution that provides
21 for a reduced rate of interest, provided that such
22 institution agrees to expend an amount of money equal to the
23 amount of the reduction for the preservation of Cahokia
24 Mounds.
25 (c) The State Treasurer may, in his or her discretion,
26 accept a proposal from an eligible institution that provides
27 for interest earnings on deposits of State moneys to be held
28 by the institution in a separate account that the State
29 Treasurer may use to secure up to 10% of any (i) home loans
30 to Illinois citizens purchasing a home in Illinois in
31 situations where the participating financial institution
32 would not offer the borrower a home loan under the
33 institution's prevailing credit standards without the
-27- LRB093 05878 EFG 05971 b
1 incentive of a reduced rate of interest on deposits of State
2 moneys, (ii) existing home loans of Illinois citizens who
3 have failed to make payments on a home loan as a result of a
4 financial hardship due to circumstances beyond the control of
5 the borrower where there is a reasonable prospect that the
6 borrower will be able to resume full mortgage payments, and
7 (iii) loans in amounts that do not exceed the amount of
8 arrearage on a mortgage and that are extended to enable a
9 borrower to become current on his or her mortgage obligation.
10 The following factors shall be considered by the
11 participating financial institution to determine whether the
12 financial hardship is due to circumstances beyond the control
13 of the borrower: (i) loss, reduction, or delay in the receipt
14 of income because of the death or disability of a person who
15 contributed to the household income, (ii) expenses actually
16 incurred related to the uninsured damage or costly repairs to
17 the mortgaged premises affecting its habitability, (iii)
18 expenses related to the death or illness in the borrower's
19 household or of family members living outside the household
20 that reduce the amount of household income, (iv) loss of
21 income or a substantial increase in total housing expenses
22 because of divorce, abandonment, separation from a spouse, or
23 failure to support a spouse or child, (v) unemployment or
24 underemployment, (vi) loss, reduction, or delay in the
25 receipt of federal, State, or other government benefits, and
26 (vii) participation by the homeowner in a recognized labor
27 action such as a strike. In determining whether there is a
28 reasonable prospect that the borrower will be able to resume
29 full mortgage payments, the participating financial
30 institution shall consider factors including, but not
31 necessarily limited to the following: (i) a favorable work
32 and credit history, (ii) the borrower's ability to and
33 history of paying the mortgage when employed, (iii) the lack
34 of an impediment or disability that prevents reemployment,
-28- LRB093 05878 EFG 05971 b
1 (iv) new education and training opportunities, (v) non-cash
2 benefits that may reduce household expenses, and (vi) other
3 debts.
4 For the purposes of this Section, "home loan" means a
5 loan, other than an open-end credit plan or a reverse
6 mortgage transaction, for which (i) the principal amount of
7 the loan does not exceed 50% of the conforming loan size
8 limit for a single-family dwelling as established from time
9 to time by the Federal National Mortgage Association, (ii)
10 the borrower is a natural person, (iii) the debt is incurred
11 by the borrower primarily for personal, family, or household
12 purposes, and (iv) the loan is secured by a mortgage or deed
13 of trust on real estate upon which there is located or there
14 is to be located a structure designed principally for the
15 occupancy of no more than 4 families and that is or will be
16 occupied by the borrower as the borrower's principal
17 dwelling.
18 (d) If there is an agreement between the State Treasurer
19 and an eligible institution that details the use of deposited
20 funds, the agreement may not require the gift of money,
21 goods, or services to a third party; this provision does not
22 restrict the eligible institution from contracting with third
23 parties in order to carry out the intent of the agreement or
24 restrict the State Treasurer from placing requirements upon
25 third-party contracts entered into by the eligible
26 institution.
27 (Source: P.A. 92-482, eff. 8-23-01; 92-531, eff. 2-8-02;
28 92-625, eff. 7-11-02; revised 8-26-02.)
29 (15 ILCS 520/22.5) (from Ch. 130, par. 41a)
30 Sec. 22.5. Permitted investments. The State Treasurer
31 may, with the approval of the Governor, invest and reinvest
32 any State money in the treasury which is not needed for
33 current expenditures due or about to become due, in
-29- LRB093 05878 EFG 05971 b
1 obligations of the United States government or its agencies
2 or of National Mortgage Associations established by or under
3 the National Housing Act, 1201 U.S.C. 1701 et seq., or in
4 mortgage participation certificates representing undivided
5 interests in specified, first-lien conventional residential
6 Illinois mortgages that are underwritten, insured,
7 guaranteed, or purchased by the Federal Home Loan Mortgage
8 Corporation or in Affordable Housing Program Trust Fund Bonds
9 or Notes as defined in and issued pursuant to the Illinois
10 Housing Development Act. All such obligations shall be
11 considered as cash and may be delivered over as cash by a
12 State Treasurer to his successor.
13 The State Treasurer may, with the approval of the
14 Governor, purchase any state bonds with any money in the
15 State Treasury that has been set aside and held for the
16 payment of the principal of and interest on the bonds. The
17 bonds shall be considered as cash and may be delivered over
18 as cash by the State Treasurer to his successor.
19 The State Treasurer may, with the approval of the
20 Governor, invest or reinvest any State money in the treasury
21 that is not needed for current expenditure due or about to
22 become due, or any money in the State Treasury that has been
23 set aside and held for the payment of the principal of and
24 the interest on any State bonds, in shares, withdrawable
25 accounts, and investment certificates of savings and building
26 and loan associations, incorporated under the laws of this
27 State or any other state or under the laws of the United
28 States; provided, however, that investments may be made only
29 in those savings and loan or building and loan associations
30 the shares and withdrawable accounts or other forms of
31 investment securities of which are insured by the Federal
32 Deposit Insurance Corporation.
33 The State Treasurer may not invest State money in any
34 savings and loan or building and loan association unless a
-30- LRB093 05878 EFG 05971 b
1 commitment by the savings and loan (or building and loan)
2 association, executed by the president or chief executive
3 officer of that association, is submitted in the following
4 form:
5 The .................. Savings and Loan (or Building
6 and Loan) Association pledges not to reject arbitrarily
7 mortgage loans for residential properties within any
8 specific part of the community served by the savings and
9 loan (or building and loan) association because of the
10 location of the property. The savings and loan (or
11 building and loan) association also pledges to make loans
12 available on low and moderate income residential property
13 throughout the community within the limits of its legal
14 restrictions and prudent financial practices.
15 The State Treasurer may, with the approval of the
16 Governor, invest or reinvest, at a price not to exceed par,
17 any State money in the treasury that is not needed for
18 current expenditures due or about to become due, or any money
19 in the State Treasury that has been set aside and held for
20 the payment of the principal of and interest on any State
21 bonds, in bonds issued by counties or municipal corporations
22 of the State of Illinois.
23 The State Treasurer may, with the approval of the
24 Governor, invest or reinvest any State money in the Treasury
25 which is not needed for current expenditure, due or about to
26 become due, or any money in the State Treasury which has been
27 set aside and held for the payment of the principal of and
28 the interest on any State bonds, in participations in loans,
29 the principal of which participation is fully guaranteed by
30 an agency or instrumentality of the United States government;
31 provided, however, that such loan participations are
32 represented by certificates issued only by banks which are
33 incorporated under the laws of this State or any other state
34 or under the laws of the United States, and such banks, but
-31- LRB093 05878 EFG 05971 b
1 not the loan participation certificates, are insured by the
2 Federal Deposit Insurance Corporation.
3 The State Treasurer may, with the approval of the
4 Governor, invest or reinvest any State money in the Treasury
5 that is not needed for current expenditure, due or about to
6 become due, or any money in the State Treasury that has been
7 set aside and held for the payment of the principal of and
8 the interest on any State bonds, in any of the following:
9 (1) Bonds, notes, certificates of indebtedness,
10 Treasury bills, or other securities now or hereafter
11 issued that are guaranteed by the full faith and credit
12 of the United States of America as to principal and
13 interest.
14 (2) Bonds, notes, debentures, or other similar
15 obligations of the United States of America, its
16 agencies, and instrumentalities.
17 (2.5) Bonds, notes, debentures, or other similar
18 obligations of a foreign government that are guaranteed
19 by the full faith and credit of that government as to
20 principal and interest, but only if the foreign
21 government has not defaulted and has met its payment
22 obligations in a timely manner on all similar obligations
23 for a period of at least 25 years immediately before the
24 time of acquiring those obligations.
25 (3) Interest-bearing savings accounts,
26 interest-bearing certificates of deposit,
27 interest-bearing time deposits, or any other investments
28 constituting direct obligations of any bank as defined by
29 the Illinois Banking Act.
30 (4) Interest-bearing accounts, certificates of
31 deposit, or any other investments constituting direct
32 obligations of any savings and loan associations
33 incorporated under the laws of this State or any other
34 state or under the laws of the United States.
-32- LRB093 05878 EFG 05971 b
1 (5) Dividend-bearing share accounts, share
2 certificate accounts, or class of share accounts of a
3 credit union chartered under the laws of this State or
4 the laws of the United States; provided, however, the
5 principal office of the credit union must be located
6 within the State of Illinois.
7 (6) Bankers' acceptances of banks whose senior
8 obligations are rated in the top 2 rating categories by 2
9 national rating agencies and maintain that rating during
10 the term of the investment.
11 (7) Short-term obligations of corporations
12 organized in the United States with assets exceeding
13 $500,000,000 if (i) the obligations are rated at the time
14 of purchase at one of the 3 highest classifications
15 established by at least 2 standard rating services and
16 mature not later than 180 days from the date of purchase,
17 (ii) the purchases do not exceed 10% of the corporation's
18 outstanding obligations, and (iii) no more than one-third
19 of the public agency's funds are invested in short-term
20 obligations of corporations.
21 (8) Money market mutual funds registered under the
22 Investment Company Act of 1940, provided that the
23 portfolio of the money market mutual fund is limited to
24 obligations described in this Section and to agreements
25 to repurchase such obligations.
26 (9) The Public Treasurers' Investment Pool created
27 under Section 17 of the State Treasurer Act or in a fund
28 managed, operated, and administered by a bank.
29 (10) Repurchase agreements of government securities
30 having the meaning set out in the Government Securities
31 Act of 1986 subject to the provisions of that Act and the
32 regulations issued thereunder.
33 (11) Investments made in accordance with the
34 Technology Development Act.
-33- LRB093 05878 EFG 05971 b
1 For purposes of this Section, "agencies" of the United
2 States Government includes:
3 (i) the federal land banks, federal intermediate
4 credit banks, banks for cooperatives, federal farm credit
5 banks, or any other entity authorized to issue debt
6 obligations under the Farm Credit Act of 1971 (12 U.S.C.
7 2001 et seq.) and Acts amendatory thereto;
8 (ii) the federal home loan banks and the federal
9 home loan mortgage corporation;
10 (iii) the Commodity Credit Corporation; and
11 (iv) any other agency created by Act of Congress.
12 The Treasurer may, with the approval of the Governor,
13 lend any securities acquired under this Act. However,
14 securities may be lent under this Section only in accordance
15 with Federal Financial Institution Examination Council
16 guidelines and only if the securities are collateralized at a
17 level sufficient to assure the safety of the securities,
18 taking into account market value fluctuation. The securities
19 may be collateralized by cash or collateral acceptable under
20 Sections 11 and 11.1.
21 (Source: P.A. 92-546, eff. 1-1-03; 92-851, eff. 8-26-02;
22 revised 9-19-02.)
23 Section 9.5. The Children and Family Services Act is
24 amended by changing Section 7 as follows:
25 (20 ILCS 505/7) (from Ch. 23, par. 5007)
26 Sec. 7. Placement of children; considerations.
27 (a) In placing any child under this Act, the Department
28 shall place such child, as far as possible, in the care and
29 custody of some individual holding the same religious belief
30 as the parents of the child, or with some child care facility
31 which is operated by persons of like religious faith as the
32 parents of such child.
-34- LRB093 05878 EFG 05971 b
1 (b) In placing a child under this Act, the Department
2 may place a child with a relative if the Department has
3 reason to believe that the relative will be able to
4 adequately provide for the child's safety and welfare. The
5 Department may not place a child with a relative, with the
6 exception of certain circumstances which may be waived as
7 defined by the Department in rules, if the results of a check
8 of the Law Enforcement Agencies Agency Data System (LEADS)
9 identifies a prior criminal conviction of the relative or any
10 adult member of the relative's household for any of the
11 following offenses under the Criminal Code of 1961:
12 (1) murder;
13 (1.1) solicitation of murder;
14 (1.2) solicitation of murder for hire;
15 (1.3) intentional homicide of an unborn child;
16 (1.4) voluntary manslaughter of an unborn child;
17 (1.5) involuntary manslaughter;
18 (1.6) reckless homicide;
19 (1.7) concealment of a homicidal death;
20 (1.8) involuntary manslaughter of an unborn child;
21 (1.9) reckless homicide of an unborn child;
22 (1.10) drug-induced homicide;
23 (2) a sex offense under Article 11, except offenses
24 described in Sections 11-7, 11-8, 11-12, and 11-13;
25 (3) kidnapping;
26 (3.1) aggravated unlawful restraint;
27 (3.2) forcible detention;
28 (3.3) aiding and abetting child abduction;
29 (4) aggravated kidnapping;
30 (5) child abduction;
31 (6) aggravated battery of a child;
32 (7) criminal sexual assault;
33 (8) aggravated criminal sexual assault;
34 (8.1) predatory criminal sexual assault of a child;
-35- LRB093 05878 EFG 05971 b
1 (9) criminal sexual abuse;
2 (10) aggravated sexual abuse;
3 (11) heinous battery;
4 (12) aggravated battery with a firearm;
5 (13) tampering with food, drugs, or cosmetics;
6 (14) drug-induced infliction of great bodily harm;
7 (15) aggravated stalking;
8 (16) home invasion;
9 (17) vehicular invasion;
10 (18) criminal transmission of HIV;
11 (19) criminal abuse or neglect of an elderly or
12 disabled person;
13 (20) child abandonment;
14 (21) endangering the life or health of a child;
15 (22) ritual mutilation;
16 (23) ritualized abuse of a child;
17 (24) an offense in any other state the elements of
18 which are similar and bear a substantial relationship to
19 any of the foregoing offenses.
20 For the purpose of this subsection, "relative" shall include
21 any person, 21 years of age or over, other than the parent,
22 who (i) is currently related to the child in any of the
23 following ways by blood or adoption: grandparent, sibling,
24 great-grandparent, uncle, aunt, nephew, niece, first cousin,
25 second cousin, godparent, great-uncle, or great-aunt; or (ii)
26 is the spouse of such a relative; or (iii) is the child's
27 step-father, step-mother, or adult step-brother or
28 step-sister; "relative" also includes a person related in any
29 of the foregoing ways to a sibling of a child, even though
30 the person is not related to the child, when the child and
31 its sibling are placed together with that person. A relative
32 with whom a child is placed pursuant to this subsection may,
33 but is not required to, apply for licensure as a foster
34 family home pursuant to the Child Care Act of 1969; provided,
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1 however, that as of July 1, 1995, foster care payments shall
2 be made only to licensed foster family homes pursuant to the
3 terms of Section 5 of this Act.
4 (c) In placing a child under this Act, the Department
5 shall ensure that the child's health, safety, and best
6 interests are met in making a family foster care placement.
7 The Department shall consider the individual needs of the
8 child and the capacity of the prospective foster or adoptive
9 parents to meet the needs of the child. When a child must be
10 placed outside his or her home and cannot be immediately
11 returned to his or her parents or guardian, a comprehensive,
12 individualized assessment shall be performed of that child at
13 which time the needs of the child shall be determined. Only
14 if race, color, or national origin is identified as a
15 legitimate factor in advancing the child's best interests
16 shall it be considered. Race, color, or national origin
17 shall not be routinely considered in making a placement
18 decision. The Department shall make special efforts for the
19 diligent recruitment of potential foster and adoptive
20 families that reflect the ethnic and racial diversity of the
21 children for whom foster and adoptive homes are needed.
22 "Special efforts" shall include contacting and working with
23 community organizations and religious organizations and may
24 include contracting with those organizations, utilizing local
25 media and other local resources, and conducting outreach
26 activities.
27 (c-1) At the time of placement, the Department shall
28 consider concurrent planning, as described in subsection
29 (l-1) of Section 5, so that permanency may occur at the
30 earliest opportunity. Consideration should be given so that
31 if reunification fails or is delayed, the placement made is
32 the best available placement to provide permanency for the
33 child.
34 (d) The Department may accept gifts, grants, offers of
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1 services, and other contributions to use in making special
2 recruitment efforts.
3 (e) The Department in placing children in adoptive or
4 foster care homes may not, in any policy or practice relating
5 to the placement of children for adoption or foster care,
6 discriminate against any child or prospective adoptive or
7 foster parent on the basis of race.
8 (Source: P.A. 92-192, eff. 1-1-02; 92-328, eff. 1-1-02;
9 92-334, eff. 8-10-01; 92-651, eff. 7-11-02; revised 2-17-03.)
10 Section 10. The Illinois Enterprise Zone Act is amended
11 by changing Section 5.5 as follows:
12 (20 ILCS 655/5.5) (from Ch. 67 1/2, par. 609.1)
13 Sec. 5.5. High Impact Business.
14 (a) In order to respond to unique opportunities to
15 assist in the encouragement, development, growth and
16 expansion of the private sector through large scale
17 investment and development projects, the Department is
18 authorized to receive and approve applications for the
19 designation of "High Impact Businesses" in Illinois subject
20 to the following conditions:
21 (1) such applications may be submitted at any time
22 during the year;
23 (2) such business is not located, at the time of
24 designation, in an enterprise zone designated pursuant to
25 this Act;
26 (3) (A) the business intends to make a minimum
27 investment of $12,000,000 which will be placed in
28 service in qualified property and intends to create
29 500 full-time equivalent jobs at a designated
30 location in Illinois or intends to make a minimum
31 investment of $30,000,000 which will be placed in
32 service in qualified property and intends to retain
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1 1,500 full-time jobs at a designated location in
2 Illinois. The business must certify in writing that
3 the investments would not be placed in service in
4 qualified property and the job creation or job
5 retention would not occur without the tax credits
6 and exemptions set forth in subsection (b) of this
7 Section. The terms "placed in service" and
8 "qualified property" have the same meanings as
9 described in subsection (h) of Section 201 of the
10 Illinois Income Tax Act; or
11 (B) the business intends to establish a new
12 electric generating facility at a designated
13 location in Illinois. "New electric generating
14 facility", for purposes of this Section, means a
15 newly-constructed electric generation plant or a
16 newly-constructed generation capacity expansion at
17 an existing electric generation plant, including the
18 transmission lines and associated equipment that
19 transfers electricity from points of supply to
20 points of delivery, and for which such new
21 foundation construction commenced not sooner than
22 July 1, 2001. Such facility shall be designed to
23 provide baseload electric generation and shall
24 operate on a continuous basis throughout the year;
25 and shall have an aggregate rated generating
26 capacity of at least 1,000 megawatts for all new
27 units at one site if it uses natural gas as its
28 primary fuel and foundation construction of the
29 facility is commenced on or before December 31,
30 2004, or shall have an aggregate rated generating
31 capacity of at least 400 megawatts for all new units
32 at one site if it uses coal or gases derived from
33 coal as its primary fuel and shall support the
34 creation of at least 150 new Illinois coal mining
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1 jobs. The business must certify in writing that the
2 investments necessary to establish a new electric
3 generating facility would not be placed in service
4 and the job creation in the case of a coal-fueled
5 plant would not occur without the tax credits and
6 exemptions set forth in subsection (b-5) of this
7 Section. The term "placed in service" has the same
8 meaning as described in subsection (h) of Section
9 201 of the Illinois Income Tax Act; or
10 (C) the business intends to establish
11 production operations at a new coal mine,
12 re-establish production operations at a closed coal
13 mine, or expand production at an existing coal mine
14 at a designated location in Illinois not sooner than
15 July 1, 2001; provided that the production
16 operations result in the creation of 150 new
17 Illinois coal mining jobs as described in
18 subdivision (a)(3)(B) of this Section, and further
19 provided that the coal extracted from such mine is
20 utilized as the predominant source for a new
21 electric generating facility. The business must
22 certify in writing that the investments necessary to
23 establish a new, expanded, or reopened coal mine
24 would not be placed in service and the job creation
25 would not occur without the tax credits and
26 exemptions set forth in subsection (b-5) of this
27 Section. The term "placed in service" has the same
28 meaning as described in subsection (h) of Section
29 201 of the Illinois Income Tax Act; or
30 (D) the business intends to construct new
31 transmission facilities or upgrade existing
32 transmission facilities at designated locations in
33 Illinois, for which construction commenced not
34 sooner than July 1, 2001. For the purposes of this
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1 Section, "transmission facilities" means
2 transmission lines with a voltage rating of 115
3 kilovolts or above, including associated equipment,
4 that transfer electricity from points of supply to
5 points of delivery and that transmit a majority of
6 the electricity generated by a new electric
7 generating facility designated as a High Impact
8 Business in accordance with this Section. The
9 business must certify in writing that the
10 investments necessary to construct new transmission
11 facilities or upgrade existing transmission
12 facilities would not be placed in service without
13 the tax credits and exemptions set forth in
14 subsection (b-5) of this Section. The term "placed
15 in service" has the same meaning as described in
16 subsection (h) of Section 201 of the Illinois Income
17 Tax Act; and
18 (4) no later than 90 days after an application is
19 submitted, the Department shall notify the applicant of
20 the Department's determination of the qualification of
21 the proposed High Impact Business under this Section.
22 (b) Businesses designated as High Impact Businesses
23 pursuant to subdivision (a)(3)(A) of this Section shall
24 qualify for the credits and exemptions described in the
25 following Acts: Section 9-222 and Section 9-222.1A of the
26 Public Utilities Act, subsection (h) of Section 201 of the
27 Illinois Income Tax Act,; and, Section 1d of the Retailers'
28 Occupation Tax Act;, provided that these credits and
29 exemptions described in these Acts shall not be authorized
30 until the minimum investments set forth in subdivision
31 (a)(3)(A) of this Section have been placed in service in
32 qualified properties and, in the case of the exemptions
33 described in the Public Utilities Act and Section 1d of the
34 Retailers' Occupation Tax Act, the minimum full-time
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1 equivalent jobs or full-time jobs set forth in subdivision
2 (a)(3)(A) of this Section have been created or retained.
3 Businesses designated as High Impact Businesses under this
4 Section shall also qualify for the exemption described in
5 Section 5l of the Retailers' Occupation Tax Act. The credit
6 provided in subsection (h) of Section 201 of the Illinois
7 Income Tax Act shall be applicable to investments in
8 qualified property as set forth in subdivision (a)(3)(A) of
9 this Section.
10 (b-5) Businesses designated as High Impact Businesses
11 pursuant to subdivisions (a)(3)(B), (a)(3)(C), and (a)(3)(D)
12 of this Section shall qualify for the credits and exemptions
13 described in the following Acts: Section 51 of the
14 Retailers' Occupation Tax Act, Section 9-222 and Section
15 9-222.1A of the Public Utilities Act, and subsection (h) of
16 Section 201 of the Illinois Income Tax Act; however, the
17 credits and exemptions authorized under Section 9-222 and
18 Section 9-222.1A of the Public Utilities Act, and subsection
19 (h) of Section 201 of the Illinois Income Tax Act shall not
20 be authorized until the new electric generating facility, the
21 new transmission facility, or the new, expanded, or reopened
22 coal mine is operational, except that a new electric
23 generating facility whose primary fuel source is natural gas
24 is eligible only for the exemption under Section 5l of the
25 Retailers' Occupation Tax Act.
26 (c) High Impact Businesses located in federally
27 designated foreign trade zones or sub-zones are also eligible
28 for additional credits, exemptions and deductions as
29 described in the following Acts: Section 9-221 and Section
30 9-222.1 of the Public Utilities Act; and subsection (g) of
31 Section 201, and Section 203 of the Illinois Income Tax Act.
32 (d) Existing Illinois businesses which apply for
33 designation as a High Impact Business must provide the
34 Department with the prospective plan for which 1,500
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1 full-time jobs would be eliminated in the event that the
2 business is not designated.
3 (e) New proposed facilities which apply for designation
4 as High Impact Business must provide the Department with
5 proof of alternative non-Illinois sites which would receive
6 the proposed investment and job creation in the event that
7 the business is not designated as a High Impact Business.
8 (f) In the event that a business is designated a High
9 Impact Business and it is later determined after reasonable
10 notice and an opportunity for a hearing as provided under the
11 Illinois Administrative Procedure Act, that the business
12 would have placed in service in qualified property the
13 investments and created or retained the requisite number of
14 jobs without the benefits of the High Impact Business
15 designation, the Department shall be required to immediately
16 revoke the designation and notify the Director of the
17 Department of Revenue who shall begin proceedings to recover
18 all wrongfully exempted State taxes with interest. The
19 business shall also be ineligible for all State funded
20 Department programs for a period of 10 years.
21 (g) The Department shall revoke a High Impact Business
22 designation if the participating business fails to comply
23 with the terms and conditions of the designation.
24 (h) Prior to designating a business, the Department
25 shall provide the members of the General Assembly and
26 Illinois Economic and Fiscal Commission with a report setting
27 forth the terms and conditions of the designation and
28 guarantees that have been received by the Department in
29 relation to the proposed business being designated.
30 (Source: P.A. 91-914, eff. 7-7-00; 92-12, eff. 7-1-01;
31 revised 3-7-02.)
32 Section 11. The Illinois Health Facilities Planning Act
33 is amended by changing Section 3 as follows:
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1 (20 ILCS 3960/3) (from Ch. 111 1/2, par. 1153)
2 (Section scheduled to be repealed on July 1, 2003)
3 Sec. 3. As used in this Act:
4 "Health care facilities" means and includes the following
5 facilities and organizations:
6 1. An ambulatory surgical treatment center required
7 to be licensed pursuant to the Ambulatory Surgical
8 Treatment Center Act;
9 2. An institution, place, building, or agency
10 required to be licensed pursuant to the Hospital
11 Licensing Act;
12 3. Skilled and intermediate long term care
13 facilities licensed under the Nursing Home Care Act;
14 3. Skilled and intermediate long term care
15 facilities licensed under the Nursing Home Care Act;
16 4. Hospitals, nursing homes, ambulatory surgical
17 treatment centers, or kidney disease treatment centers
18 maintained by the State or any department or agency
19 thereof;
20 5. Kidney disease treatment centers, including a
21 free-standing hemodialysis unit; and
22 6. An institution, place, building, or room used
23 for the performance of outpatient surgical procedures
24 that is leased, owned, or operated by or on behalf of an
25 out-of-state facility.
26 No federally owned facility shall be subject to the
27 provisions of this Act, nor facilities used solely for
28 healing by prayer or spiritual means.
29 No facility licensed under the Supportive Residences
30 Licensing Act or the Assisted Living and Shared Housing Act
31 shall be subject to the provisions of this Act.
32 A facility designated as a supportive living facility
33 that is in good standing with the demonstration project
34 established under Section 5-5.01a of the Illinois Public Aid
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1 Code shall not be subject to the provisions of this Act.
2 This Act does not apply to facilities granted waivers
3 under Section 3-102.2 of the Nursing Home Care Act. However,
4 if a demonstration project under that Act applies for a
5 certificate of need to convert to a nursing facility, it
6 shall meet the licensure and certificate of need requirements
7 in effect as of the date of application.
8 This Act shall not apply to the closure of an entity or a
9 portion of an entity licensed under the Nursing Home Care Act
10 that elects to convert, in whole or in part, to an assisted
11 living or shared housing establishment licensed under the
12 Assisted Living and Shared Housing Establishment Act.
13 With the exception of those health care facilities
14 specifically included in this Section, nothing in this Act
15 shall be intended to include facilities operated as a part of
16 the practice of a physician or other licensed health care
17 professional, whether practicing in his individual capacity
18 or within the legal structure of any partnership, medical or
19 professional corporation, or unincorporated medical or
20 professional group. Further, this Act shall not apply to
21 physicians or other licensed health care professional's
22 practices where such practices are carried out in a portion
23 of a health care facility under contract with such health
24 care facility by a physician or by other licensed health care
25 professionals, whether practicing in his individual capacity
26 or within the legal structure of any partnership, medical or
27 professional corporation, or unincorporated medical or
28 professional groups. This Act shall apply to construction or
29 modification and to establishment by such health care
30 facility of such contracted portion which is subject to
31 facility licensing requirements, irrespective of the party
32 responsible for such action or attendant financial
33 obligation.
34 "Person" means any one or more natural persons, legal
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1 entities, governmental bodies other than federal, or any
2 combination thereof.
3 "Consumer" means any person other than a person (a) whose
4 major occupation currently involves or whose official
5 capacity within the last 12 months has involved the
6 providing, administering or financing of any type of health
7 care facility, (b) who is engaged in health research or the
8 teaching of health, (c) who has a material financial interest
9 in any activity which involves the providing, administering
10 or financing of any type of health care facility, or (d) who
11 is or ever has been a member of the immediate family of the
12 person defined by (a), (b), or (c).
13 "State Board" means the Health Facilities Planning Board.
14 "Construction or modification" means the establishment,
15 erection, building, alteration, reconstruction,
16 modernization, improvement, extension, discontinuation,
17 change of ownership, of or by a health care facility, or the
18 purchase or acquisition by or through a health care facility
19 of equipment or service for diagnostic or therapeutic
20 purposes or for facility administration or operation, or any
21 capital expenditure made by or on behalf of a health care
22 facility which exceeds the capital expenditure minimum;
23 however, any capital expenditure made by or on behalf of a
24 health care facility for the construction or modification of
25 a facility licensed under the Assisted Living and Shared
26 Housing Act shall be excluded from any obligations under this
27 Act.
28 "Establish" means the construction of a health care
29 facility or the replacement of an existing facility on
30 another site.
31 "Major medical equipment" means medical equipment which
32 is used for the provision of medical and other health
33 services and which costs in excess of the capital expenditure
34 minimum, except that such term does not include medical
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1 equipment acquired by or on behalf of a clinical laboratory
2 to provide clinical laboratory services if the clinical
3 laboratory is independent of a physician's office and a
4 hospital and it has been determined under Title XVIII of the
5 Social Security Act to meet the requirements of paragraphs
6 (10) and (11) of Section 1861(s) of such Act. In determining
7 whether medical equipment has a value in excess of the
8 capital expenditure minimum, the value of studies, surveys,
9 designs, plans, working drawings, specifications, and other
10 activities essential to the acquisition of such equipment
11 shall be included.
12 "Capital Expenditure" means an expenditure: (A) made by
13 or on behalf of a health care facility (as such a facility is
14 defined in this Act); and (B) which under generally accepted
15 accounting principles is not properly chargeable as an
16 expense of operation and maintenance, or is made to obtain by
17 lease or comparable arrangement any facility or part thereof
18 or any equipment for a facility or part; and which exceeds
19 the capital expenditure minimum.
20 For the purpose of this paragraph, the cost of any
21 studies, surveys, designs, plans, working drawings,
22 specifications, and other activities essential to the
23 acquisition, improvement, expansion, or replacement of any
24 plant or equipment with respect to which an expenditure is
25 made shall be included in determining if such expenditure
26 exceeds the capital expenditures minimum. Donations of
27 equipment or facilities to a health care facility which if
28 acquired directly by such facility would be subject to review
29 under this Act shall be considered capital expenditures, and
30 a transfer of equipment or facilities for less than fair
31 market value shall be considered a capital expenditure for
32 purposes of this Act if a transfer of the equipment or
33 facilities at fair market value would be subject to review.
34 "Capital expenditure minimum" means $6,000,000, which
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1 shall be annually adjusted to reflect the increase in
2 construction costs due to inflation, for major medical
3 equipment and for all other capital expenditures; provided,
4 however, that when a capital expenditure is for the
5 construction or modification of a health and fitness center,
6 "capital expenditure minimum" means the capital expenditure
7 minimum for all other capital expenditures in effect on March
8 1, 2000, which shall be annually adjusted to reflect the
9 increase in construction costs due to inflation.
10 "Non-clinical service area" means an area (i) for the
11 benefit of the patients, visitors, staff, or employees of a
12 health care facility and (ii) not directly related to the
13 diagnosis, treatment, or rehabilitation of persons receiving
14 services from the health care facility. "Non-clinical
15 service areas" include, but are not limited to, chapels; gift
16 shops; news stands; computer systems; tunnels, walkways, and
17 elevators; telephone systems; projects to comply with life
18 safety codes; educational facilities; student housing;
19 patient, employee, staff, and visitor dining areas;
20 administration and volunteer offices; modernization of
21 structural components (such as roof replacement and masonry
22 work); boiler repair or replacement; vehicle maintenance and
23 storage facilities; parking facilities; mechanical systems
24 for heating, ventilation, and air conditioning; loading
25 docks; and repair or replacement of carpeting, tile, wall
26 coverings, window coverings or treatments, or furniture.
27 Solely for the purpose of this definition, "non-clinical
28 service area" does not include health and fitness centers.
29 "Areawide" means a major area of the State delineated on
30 a geographic, demographic, and functional basis for health
31 planning and for health service and having within it one or
32 more local areas for health planning and health service. The
33 term "region", as contrasted with the term "subregion", and
34 the word "area" may be used synonymously with the term
-48- LRB093 05878 EFG 05971 b
1 "areawide".
2 "Local" means a subarea of a delineated major area that
3 on a geographic, demographic, and functional basis may be
4 considered to be part of such major area. The term
5 "subregion" may be used synonymously with the term "local".
6 "Areawide health planning organization" or "Comprehensive
7 health planning organization" means the health systems agency
8 designated by the Secretary, Department of Health and Human
9 Services or any successor agency.
10 "Local health planning organization" means those local
11 health planning organizations that are designated as such by
12 the areawide health planning organization of the appropriate
13 area.
14 "Physician" means a person licensed to practice in
15 accordance with the Medical Practice Act of 1987, as amended.
16 "Licensed health care professional" means a person
17 licensed to practice a health profession under pertinent
18 licensing statutes of the State of Illinois.
19 "Director" means the Director of the Illinois Department
20 of Public Health.
21 "Agency" means the Illinois Department of Public Health.
22 "Comprehensive health planning" means health planning
23 concerned with the total population and all health and
24 associated problems that affect the well-being of people and
25 that encompasses health services, health manpower, and health
26 facilities; and the coordination among these and with those
27 social, economic, and environmental factors that affect
28 health.
29 "Alternative health care model" means a facility or
30 program authorized under the Alternative Health Care Delivery
31 Act.
32 "Out-of-state facility" means a person that is both (i)
33 licensed as a hospital or as an ambulatory surgery center
34 under the laws of another state or that qualifies as a
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1 hospital or an ambulatory surgery center under regulations
2 adopted pursuant to the Social Security Act and (ii) not
3 licensed under the Ambulatory Surgical Treatment Center Act,
4 the Hospital Licensing Act, or the Nursing Home Care Act.
5 Affiliates of out-of-state facilities shall be considered
6 out-of-state facilities. Affiliates of Illinois licensed
7 health care facilities 100% owned by an Illinois licensed
8 health care facility, its parent, or Illinois physicians
9 licensed to practice medicine in all its branches shall not
10 be considered out-of-state facilities. Nothing in this
11 definition shall be construed to include an office or any
12 part of an office of a physician licensed to practice
13 medicine in all its branches in Illinois that is not required
14 to be licensed under the Ambulatory Surgical Treatment Center
15 Act.
16 (Source: P.A. 90-14, eff. 7-1-97; 91-656, eff. 1-1-01;
17 91-782, eff. 6-9-00; revised 11-6-02.)
18 Section 12. The Legislative Commission Reorganization
19 Act of 1984 is amended by changing Section 10-3 as follows:
20 (25 ILCS 130/10-3) (from Ch. 63, par. 1010-3)
21 Sec. 10-3. The Legislative Research Unit may administer a
22 legislative staff internship program in cooperation with a
23 university in the state designated by the Legislative
24 Research Unit. For the purpose of advising in the
25 administration of such a program, there is created a
26 sponsoring committee for legislative staff internships
27 consisting of the chairman of the Legislative Research Unit
28 or a member designated by him, the President of the Senate or
29 a Senator designated by him, the Speaker of the House of
30 Representatives or a Representative designated by him, the
31 Minority Leader of the Senate or a Senator designated by him,
32 and the Minority Leader of the House of Representatives or a
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1 Representative designated by him, as plenary members, and as
2 associate members, one person from the academic staff of each
3 university designated by the Legislative Research Unit as a
4 cooperating university and agreeing to cooperate, such person
5 to be appointed by the ranking academic official of such
6 university. Until the Legislative Research Unit, by
7 resolution, determines otherwise, such cooperating
8 universities are Northwestern University, Illinois Institute
9 of Technology, University of Chicago, University of Illinois,
10 Roosevelt University, Western Illinois University, Loyola
11 University of Chicago, Southern Illinois University, DePaul
12 University, Eastern Illinois University, Northern Illinois
13 University, Sangamon State University of Illinois at
14 Springfield, and Illinois State University. Associate
15 members shall serve at the pleasure of their respective
16 appointing authorities. Members of the sponsoring committee
17 shall serve without compensation, but shall be reimbursed for
18 necessary expenses in connection with the performance of
19 their duties.
20 (Source: P.A. 83-1257; revised 11-6-02.)
21 (30 ILCS 105/5.230 rep.)
22 Section 13. The State Finance Act is amended by
23 repealing Section 5.230.
24 Section 13.1. The State Finance Act is amended by
25 setting forth and renumbering multiple versions of Sections
26 5.545, 5.552, 5.567, 5.570, and 5.571 and changing Section
27 6z-43 as follows:
28 (30 ILCS 105/5.545)
29 Sec. 5.545. The Digital Divide Elimination Fund.
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1 (Source: P.A. 92-22, eff. 6-30-01; 92-651, eff. 7-11-02.)
2 (30 ILCS 105/5.552)
3 Sec. 5.552. The ICCB Adult Education Fund.
4 (Source: P.A. 92-49, eff. 7-9-01; 92-651, eff. 7-11-02.)
5 (30 ILCS 105/5.567)
6 Sec. 5.567. The Secretary of State Police Services Fund.
7 (Source: P.A. 92-501, eff. 12-19-01; 92-651, eff. 7-11-02.)
8 (30 ILCS 105/5.569)
9 Sec. 5.569 5.570. The National Guard Grant Fund.
10 (Source: P.A. 92-589, eff. 7-1-02; revised 8-27-02.)
11 (30 ILCS 105/5.570)
12 Sec. 5.570. The Illinois Student Assistance Commission
13 Contracts and Grants Fund.
14 (Source: P.A. 92-597, eff. 6-28-02.)
15 (30 ILCS 105/5.571)
16 Sec. 5.571. The Career and Technical Education Fund.
17 (Source: P.A. 92-597, eff. 6-28-02.)
18 (30 ILCS 105/5.572)
19 Sec. 5.572 5.570. The Presidential Library and Museum
20 Operating Fund.
21 (Source: P.A. 92-600, eff. 6-28-02; revised 8-27-02.)
22 (30 ILCS 105/5.573)
23 Sec. 5.573 5.571. The Family Care Fund.
24 (Source: P.A. 92-600, eff. 6-28-02; revised 8-27-02.)
25 (30 ILCS 105/5.574)
26 Sec. 5.574 5.570. The Transportation Safety Highway
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1 Hire-back Fund.
2 (Source: P.A. 92-619, eff. 1-1-03; revised 8-27-02.)
3 (30 ILCS 105/5.575)
4 Sec. 5.575 5.570. The McKinley Bridge Fund.
5 (Source: P.A. 92-679, eff. 7-16-02; revised 8-27-02.)
6 (30 ILCS 105/5.576)
7 Sec. 5.576 5.570. The Illinois Century Network Special
8 Purposes Fund.
9 (Source: P.A. 92-691, eff. 7-18-02; revised 8-27-02.)
10 (30 ILCS 105/5.577)
11 Sec. 5.577 5.545. The Hospice Fund.
12 (Source: P.A. 92-693, eff. 1-1-03; revised 8-27-02.)
13 (30 ILCS 105/5.578)
14 Sec. 5.578 5.552. Lewis and Clark Bicentennial Fund.
15 (Source: P.A. 92-694, eff. 1-1-03; revised 8-27-02.)
16 (30 ILCS 105/5.579)
17 Sec. 5.579 5.570. The Public Broadcasting Fund.
18 (Source: P.A. 92-695, eff. 1-1-03; revised 8-27-02.)
19 (30 ILCS 105/5.580)
20 Sec. 5.580 5.570. The Park District Youth Program Fund.
21 (Source: P.A. 92-697, eff. 7-19-02; revised 8-27-02.)
22 (30 ILCS 105/5.581)
23 Sec. 5.581 5.570. The Professional Sports Teams
24 Education Fund.
25 (Source: P.A. 92-699, eff. 1-1-03; revised 8-27-02.)
26 (30 ILCS 105/5.582)
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1 Sec. 5.582 5.570. The Illinois Pan Hellenic Trust Fund.
2 (Source: P.A. 92-702, eff. 1-1-03; revised 8-27-02.)
3 (30 ILCS 105/5.583)
4 Sec. 5.583 5.567. The September 11th Fund.
5 (Source: P.A. 92-704, eff. 7-19-02; revised 8-27-02.)
6 (30 ILCS 105/5.584)
7 Sec. 5.584 5.570. The Illinois Route 66 Heritage Project
8 Fund.
9 (Source: P.A. 92-706, eff. 1-1-03; revised 8-27-02.)
10 (30 ILCS 105/5.585)
11 Sec. 5.585 5.570. The Stop Neuroblastoma Fund.
12 (Source: P.A. 92-711, eff. 7-19-02; revised 8-27-02.)
13 (30 ILCS 105/5.586)
14 Sec. 5.586 5.570. The Lawyers' Assistance Program Fund.
15 (Source: P.A. 92-747, eff. 7-31-02; revised 8-27-02.)
16 (30 ILCS 105/5.587)
17 Sec. 5.587 5.570. The Local Planning Fund.
18 (Source: P.A. 92-768, eff. 8-6-02; revised 8-27-02.)
19 (30 ILCS 105/5.588)
20 Sec. 5.588 5.570. The Multiple Sclerosis Assistance
21 Fund.
22 (Source: P.A. 92-772, eff. 8-6-02; revised 8-27-02.)
23 (30 ILCS 105/5.589)
24 Sec. 5.589 5.570. The Innovations in Long-term Care
25 Quality Demonstration Grants Fund.
26 (Source: P.A. 92-784, eff. 8-6-02; revised 8-27-02.)
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1 (30 ILCS 105/5.590)
2 (This Section may contain text from a Public Act with a
3 delayed effective date)
4 Sec. 5.590 5.570. The End Stage Renal Disease Facility
5 Licensing Fund.
6 (Source: P.A. 92-794, eff. 7-1-03; revised 8-27-02.)
7 (30 ILCS 105/5.591)
8 Sec. 5.591 5.570. The Restricted Call Registry Fund.
9 (Source: P.A. 92-795, eff. 8-9-02; revised 8-27-02.)
10 (30 ILCS 105/5.592)
11 Sec. 5.592 5.570. The Illinois Military Family Relief
12 Fund.
13 (Source: P.A. 92-886, eff. 2-7-03; revised 2-17-03.)
14 (30 ILCS 105/6z-43)
15 Sec. 6z-43. Tobacco Settlement Recovery Fund.
16 (a) There is created in the State Treasury a special
17 fund to be known as the Tobacco Settlement Recovery Fund,
18 into which shall be deposited all monies paid to the State
19 pursuant to (1) the Master Settlement Agreement entered in
20 the case of People of the State of Illinois v. Philip Morris,
21 et al. (Circuit Court of Cook County, No. 96-L13146) and (2)
22 any settlement with or judgment against any tobacco product
23 manufacturer other than one participating in the Master
24 Settlement Agreement in satisfaction of any released claim as
25 defined in the Master Settlement Agreement, as well as any
26 other monies as provided by law. All earnings on Fund
27 investments shall be deposited into the Fund. Upon the
28 creation of the Fund, the State Comptroller shall order the
29 State Treasurer to transfer into the Fund any monies paid to
30 the State as described in item (1) or (2) of this Section
31 before the creation of the Fund plus any interest earned on
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1 the investment of those monies. The Treasurer may invest the
2 moneys in the Fund in the same manner, in the same types of
3 investments, and subject to the same limitations provided in
4 the Illinois Pension Code for the investment of pension funds
5 other than those established under Article 3 or 4 of the
6 Code.
7 (b) As soon as may be practical after June 30, 2001,
8 upon notification from and at the direction of the Governor,
9 the State Comptroller shall direct and the State Treasurer
10 shall transfer the unencumbered balance in the Tobacco
11 Settlement Recovery Fund as of June 30, 2001, as determined
12 by the Governor, into the Budget Stabilization Fund. The
13 Treasurer may invest the moneys in the Budget Stabilization
14 Fund in the same manner, in the same types of investments,
15 and subject to the same limitations provided in the Illinois
16 Pension Code for the investment of pension funds other than
17 those established under Article 3 or 4 of the Code.
18 (c) In addition to any other deposits authorized by law,
19 after any delivery of any bonds as authorized by Section 7.5
20 of the General Obligation Bond Act for deposits to the
21 General Revenue Fund and the Budget Stabilization Fund
22 (referred to as "tobacco securitization general obligation
23 bonds"), the Governor shall certify, on or before June 30,
24 2003 and June 30 of each year thereafter, to the State
25 Comptroller and State Treasurer the total amount of principal
26 of, interest on, and premium, if any, due on those bonds in
27 the next fiscal year beginning with amounts due in fiscal
28 year 2004. As soon as practical after the annual payment of
29 tobacco settlement moneys to the Tobacco Settlement Recovery
30 Fund as described in item (1) of subsection (a), the State
31 Treasurer and State Comptroller shall transfer from the
32 Tobacco Settlement Recovery Fund to the General Obligation
33 Bond Retirement and Interest Fund the amount certified by the
34 Governor, plus any cumulative deficiency in those transfers
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1 for prior years.
2 (d) (c) All federal financial participation moneys
3 received pursuant to expenditures from the Fund shall be
4 deposited into the Fund.
5 (Source: P.A. 91-646, eff. 11-19-99; 91-704, eff. 7-1-00;
6 91-797, eff. 6-9-00; 92-11, eff. 6-11-01; 92-16, eff.
7 6-28-01; 92-596, eff. 6-28-02; 92-597, eff. 6-28-02; revised
8 9-3-02.)
9 Section 14. The General Obligation Bond Act is amended
10 by changing Section 2 as follows:
11 (30 ILCS 330/2) (from Ch. 127, par. 652)
12 Sec. 2. Authorization for Bonds. The State of Illinois
13 is authorized to issue, sell and provide for the retirement
14 of General Obligation Bonds of the State of Illinois for the
15 categories and specific purposes expressed in Sections 2
16 through 8 of this Act, in the total amount of $17,658,149,369
17 $16,908,149,369 $16,015,007,500.
18 The bonds authorized in this Section 2 and in Section 16
19 of this Act are herein called "Bonds".
20 Of the total amount of Bonds authorized in this Act, up
21 to $2,200,000,000 in aggregate original principal amount may
22 be issued and sold in accordance with the Baccalaureate
23 Savings Act in the form of General Obligation College Savings
24 Bonds.
25 Of the total amount of Bonds authorized in this Act, up
26 to $300,000,000 in aggregate original principal amount may be
27 issued and sold in accordance with the Retirement Savings Act
28 in the form of General Obligation Retirement Savings Bonds.
29 The issuance and sale of Bonds pursuant to the General
30 Obligation Bond Act is an economical and efficient method of
31 financing the capital and general operating needs of the
32 State. This Act will permit the issuance of a multi-purpose
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1 General Obligation Bond with uniform terms and features.
2 This will not only lower the cost of registration but also
3 reduce the overall cost of issuing debt by improving the
4 marketability of Illinois General Obligation Bonds.
5 (Source: P.A. 91-39, eff. 6-15-99; 91-53, eff 6-30-99;
6 91-710, eff. 5-17-00; 92-13, eff. 6-22-01; 92-596, eff.
7 6-28-02; 92-598, eff. 6-28-02; revised 10-8-02.)
8 Section 15. The State Mandates Act is amended by setting
9 forth, renumbering, and changing multiple versions of
10 Sections 8.25 and 8.26 as follows:
11 (30 ILCS 805/8.25)
12 Sec. 8.25. Exempt mandate. Notwithstanding Sections 6
13 and 8 of this Act, no reimbursement by the State is required
14 for the implementation of any mandate created by Public Act
15 92-36, 92-50, 92-52, 92-53, 92-166, 92-281, 92-382, 92-388,
16 92-416, 92-424, or 92-465.
17 (Source: P.A. 92-36, eff. 6-28-01; 92-50, eff. 7-12-01;
18 92-52, eff. 7-12-01; 92-53, eff. 7-12-01; 92-166, eff.
19 1-1-02; 92-281, eff. 8-7-01; 92-382, eff. 8-16-01; 92-388,
20 eff. 1-1-02; 92-416, eff. 8-17-01; 92-424, eff. 8-17-01;
21 92-465, eff. 1-1-02; 92-651, eff. 7-11-02.)
22 (30 ILCS 805/8.26)
23 Sec. 8.26 8.25. Exempt mandate. Notwithstanding Sections
24 6 and 8 of this Act, no reimbursement by the State is
25 required for the implementation of any mandate created by
26 Public Act 92-505, 92-533, 92-599, 92-602, 92-609, 92-616,
27 92-631, 92-705, 92-733, 92-767, 92-779, 92-844, or 92-846.
28 this amendatory Act of the 92nd General Assembly.
29 (Source: P.A. 92-505, eff. 12-20-01; 92-533, eff. 3-14-02;
30 92-599, eff. 6-28-02; 92-602, eff. 7-1-02; 92-609, eff.
31 7-1-02; 92-616, eff. 7-8-02; 92-631, eff. 7-11-02; 92-705,
-58- LRB093 05878 EFG 05971 b
1 eff. 7-19-02; 92-733, eff. 7-25-02; 92-767, eff. 8-6-02;
2 92-779, eff. 8-6-02; 92-844, eff. 8-23-02; 92-846, eff.
3 8-23-02; revised 10-25-02.)
4 Section 16. The Illinois Income Tax Act is amended by
5 changing Sections 203, 509, and 510 as follows:
6 (35 ILCS 5/203) (from Ch. 120, par. 2-203)
7 Sec. 203. Base income defined.
8 (a) Individuals.
9 (1) In general. In the case of an individual, base
10 income means an amount equal to the taxpayer's adjusted
11 gross income for the taxable year as modified by
12 paragraph (2).
13 (2) Modifications. The adjusted gross income
14 referred to in paragraph (1) shall be modified by adding
15 thereto the sum of the following amounts:
16 (A) An amount equal to all amounts paid or
17 accrued to the taxpayer as interest or dividends
18 during the taxable year to the extent excluded from
19 gross income in the computation of adjusted gross
20 income, except stock dividends of qualified public
21 utilities described in Section 305(e) of the
22 Internal Revenue Code;
23 (B) An amount equal to the amount of tax
24 imposed by this Act to the extent deducted from
25 gross income in the computation of adjusted gross
26 income for the taxable year;
27 (C) An amount equal to the amount received
28 during the taxable year as a recovery or refund of
29 real property taxes paid with respect to the
30 taxpayer's principal residence under the Revenue Act
31 of 1939 and for which a deduction was previously
32 taken under subparagraph (L) of this paragraph (2)
-59- LRB093 05878 EFG 05971 b
1 prior to July 1, 1991, the retrospective application
2 date of Article 4 of Public Act 87-17. In the case
3 of multi-unit or multi-use structures and farm
4 dwellings, the taxes on the taxpayer's principal
5 residence shall be that portion of the total taxes
6 for the entire property which is attributable to
7 such principal residence;
8 (D) An amount equal to the amount of the
9 capital gain deduction allowable under the Internal
10 Revenue Code, to the extent deducted from gross
11 income in the computation of adjusted gross income;
12 (D-5) An amount, to the extent not included in
13 adjusted gross income, equal to the amount of money
14 withdrawn by the taxpayer in the taxable year from a
15 medical care savings account and the interest earned
16 on the account in the taxable year of a withdrawal
17 pursuant to subsection (b) of Section 20 of the
18 Medical Care Savings Account Act or subsection (b)
19 of Section 20 of the Medical Care Savings Account
20 Act of 2000;
21 (D-10) For taxable years ending after December
22 31, 1997, an amount equal to any eligible
23 remediation costs that the individual deducted in
24 computing adjusted gross income and for which the
25 individual claims a credit under subsection (l) of
26 Section 201;
27 (D-15) For taxable years 2001 and thereafter,
28 an amount equal to the bonus depreciation deduction
29 (30% of the adjusted basis of the qualified
30 property) taken on the taxpayer's federal income tax
31 return for the taxable year under subsection (k) of
32 Section 168 of the Internal Revenue Code; and
33 (D-16) If the taxpayer reports a capital gain
34 or loss on the taxpayer's federal income tax return
-60- LRB093 05878 EFG 05971 b
1 for the taxable year based on a sale or transfer of
2 property for which the taxpayer was required in any
3 taxable year to make an addition modification under
4 subparagraph (D-15), then an amount equal to the
5 aggregate amount of the deductions taken in all
6 taxable years under subparagraph (Z) with respect to
7 that property.;
8 The taxpayer is required to make the addition
9 modification under this subparagraph only once with
10 respect to any one piece of property;. and
11 (D-20) (D-15) For taxable years beginning on
12 or after January 1, 2002, in the case of a
13 distribution from a qualified tuition program under
14 Section 529 of the Internal Revenue Code, other than
15 (i) a distribution from a College Savings Pool
16 created under Section 16.5 of the State Treasurer
17 Act or (ii) a distribution from the Illinois Prepaid
18 Tuition Trust Fund, an amount equal to the amount
19 excluded from gross income under Section
20 529(c)(3)(B);
21 and by deducting from the total so obtained the sum of
22 the following amounts:
23 (E) For taxable years ending before December
24 31, 2001, any amount included in such total in
25 respect of any compensation (including but not
26 limited to any compensation paid or accrued to a
27 serviceman while a prisoner of war or missing in
28 action) paid to a resident by reason of being on
29 active duty in the Armed Forces of the United States
30 and in respect of any compensation paid or accrued
31 to a resident who as a governmental employee was a
32 prisoner of war or missing in action, and in respect
33 of any compensation paid to a resident in 1971 or
34 thereafter for annual training performed pursuant to
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1 Sections 502 and 503, Title 32, United States Code
2 as a member of the Illinois National Guard. For
3 taxable years ending on or after December 31, 2001,
4 any amount included in such total in respect of any
5 compensation (including but not limited to any
6 compensation paid or accrued to a serviceman while a
7 prisoner of war or missing in action) paid to a
8 resident by reason of being a member of any
9 component of the Armed Forces of the United States
10 and in respect of any compensation paid or accrued
11 to a resident who as a governmental employee was a
12 prisoner of war or missing in action, and in respect
13 of any compensation paid to a resident in 2001 or
14 thereafter by reason of being a member of the
15 Illinois National Guard. The provisions of this
16 amendatory Act of the 92nd General Assembly are
17 exempt from the provisions of Section 250;
18 (F) An amount equal to all amounts included in
19 such total pursuant to the provisions of Sections
20 402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and
21 408 of the Internal Revenue Code, or included in
22 such total as distributions under the provisions of
23 any retirement or disability plan for employees of
24 any governmental agency or unit, or retirement
25 payments to retired partners, which payments are
26 excluded in computing net earnings from self
27 employment by Section 1402 of the Internal Revenue
28 Code and regulations adopted pursuant thereto;
29 (G) The valuation limitation amount;
30 (H) An amount equal to the amount of any tax
31 imposed by this Act which was refunded to the
32 taxpayer and included in such total for the taxable
33 year;
34 (I) An amount equal to all amounts included in
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1 such total pursuant to the provisions of Section 111
2 of the Internal Revenue Code as a recovery of items
3 previously deducted from adjusted gross income in
4 the computation of taxable income;
5 (J) An amount equal to those dividends
6 included in such total which were paid by a
7 corporation which conducts business operations in an
8 Enterprise Zone or zones created under the Illinois
9 Enterprise Zone Act, and conducts substantially all
10 of its operations in an Enterprise Zone or zones;
11 (K) An amount equal to those dividends
12 included in such total that were paid by a
13 corporation that conducts business operations in a
14 federally designated Foreign Trade Zone or Sub-Zone
15 and that is designated a High Impact Business
16 located in Illinois; provided that dividends
17 eligible for the deduction provided in subparagraph
18 (J) of paragraph (2) of this subsection shall not be
19 eligible for the deduction provided under this
20 subparagraph (K);
21 (L) For taxable years ending after December
22 31, 1983, an amount equal to all social security
23 benefits and railroad retirement benefits included
24 in such total pursuant to Sections 72(r) and 86 of
25 the Internal Revenue Code;
26 (M) With the exception of any amounts
27 subtracted under subparagraph (N), an amount equal
28 to the sum of all amounts disallowed as deductions
29 by (i) Sections 171(a) (2), and 265(2) of the
30 Internal Revenue Code of 1954, as now or hereafter
31 amended, and all amounts of expenses allocable to
32 interest and disallowed as deductions by Section
33 265(1) of the Internal Revenue Code of 1954, as now
34 or hereafter amended; and (ii) for taxable years
-63- LRB093 05878 EFG 05971 b
1 ending on or after August 13, 1999, Sections
2 171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
3 Internal Revenue Code; the provisions of this
4 subparagraph are exempt from the provisions of
5 Section 250;
6 (N) An amount equal to all amounts included in
7 such total which are exempt from taxation by this
8 State either by reason of its statutes or
9 Constitution or by reason of the Constitution,
10 treaties or statutes of the United States; provided
11 that, in the case of any statute of this State that
12 exempts income derived from bonds or other
13 obligations from the tax imposed under this Act, the
14 amount exempted shall be the interest net of bond
15 premium amortization;
16 (O) An amount equal to any contribution made
17 to a job training project established pursuant to
18 the Tax Increment Allocation Redevelopment Act;
19 (P) An amount equal to the amount of the
20 deduction used to compute the federal income tax
21 credit for restoration of substantial amounts held
22 under claim of right for the taxable year pursuant
23 to Section 1341 of the Internal Revenue Code of
24 1986;
25 (Q) An amount equal to any amounts included in
26 such total, received by the taxpayer as an
27 acceleration in the payment of life, endowment or
28 annuity benefits in advance of the time they would
29 otherwise be payable as an indemnity for a terminal
30 illness;
31 (R) An amount equal to the amount of any
32 federal or State bonus paid to veterans of the
33 Persian Gulf War;
34 (S) An amount, to the extent included in
-64- LRB093 05878 EFG 05971 b
1 adjusted gross income, equal to the amount of a
2 contribution made in the taxable year on behalf of
3 the taxpayer to a medical care savings account
4 established under the Medical Care Savings Account
5 Act or the Medical Care Savings Account Act of 2000
6 to the extent the contribution is accepted by the
7 account administrator as provided in that Act;
8 (T) An amount, to the extent included in
9 adjusted gross income, equal to the amount of
10 interest earned in the taxable year on a medical
11 care savings account established under the Medical
12 Care Savings Account Act or the Medical Care Savings
13 Account Act of 2000 on behalf of the taxpayer, other
14 than interest added pursuant to item (D-5) of this
15 paragraph (2);
16 (U) For one taxable year beginning on or after
17 January 1, 1994, an amount equal to the total amount
18 of tax imposed and paid under subsections (a) and
19 (b) of Section 201 of this Act on grant amounts
20 received by the taxpayer under the Nursing Home
21 Grant Assistance Act during the taxpayer's taxable
22 years 1992 and 1993;
23 (V) Beginning with tax years ending on or
24 after December 31, 1995 and ending with tax years
25 ending on or before December 31, 2004, an amount
26 equal to the amount paid by a taxpayer who is a
27 self-employed taxpayer, a partner of a partnership,
28 or a shareholder in a Subchapter S corporation for
29 health insurance or long-term care insurance for
30 that taxpayer or that taxpayer's spouse or
31 dependents, to the extent that the amount paid for
32 that health insurance or long-term care insurance
33 may be deducted under Section 213 of the Internal
34 Revenue Code of 1986, has not been deducted on the
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1 federal income tax return of the taxpayer, and does
2 not exceed the taxable income attributable to that
3 taxpayer's income, self-employment income, or
4 Subchapter S corporation income; except that no
5 deduction shall be allowed under this item (V) if
6 the taxpayer is eligible to participate in any
7 health insurance or long-term care insurance plan of
8 an employer of the taxpayer or the taxpayer's
9 spouse. The amount of the health insurance and
10 long-term care insurance subtracted under this item
11 (V) shall be determined by multiplying total health
12 insurance and long-term care insurance premiums paid
13 by the taxpayer times a number that represents the
14 fractional percentage of eligible medical expenses
15 under Section 213 of the Internal Revenue Code of
16 1986 not actually deducted on the taxpayer's federal
17 income tax return;
18 (W) For taxable years beginning on or after
19 January 1, 1998, all amounts included in the
20 taxpayer's federal gross income in the taxable year
21 from amounts converted from a regular IRA to a Roth
22 IRA. This paragraph is exempt from the provisions of
23 Section 250;
24 (X) For taxable year 1999 and thereafter, an
25 amount equal to the amount of any (i) distributions,
26 to the extent includible in gross income for federal
27 income tax purposes, made to the taxpayer because of
28 his or her status as a victim of persecution for
29 racial or religious reasons by Nazi Germany or any
30 other Axis regime or as an heir of the victim and
31 (ii) items of income, to the extent includible in
32 gross income for federal income tax purposes,
33 attributable to, derived from or in any way related
34 to assets stolen from, hidden from, or otherwise
-66- LRB093 05878 EFG 05971 b
1 lost to a victim of persecution for racial or
2 religious reasons by Nazi Germany or any other Axis
3 regime immediately prior to, during, and immediately
4 after World War II, including, but not limited to,
5 interest on the proceeds receivable as insurance
6 under policies issued to a victim of persecution for
7 racial or religious reasons by Nazi Germany or any
8 other Axis regime by European insurance companies
9 immediately prior to and during World War II;
10 provided, however, this subtraction from federal
11 adjusted gross income does not apply to assets
12 acquired with such assets or with the proceeds from
13 the sale of such assets; provided, further, this
14 paragraph shall only apply to a taxpayer who was the
15 first recipient of such assets after their recovery
16 and who is a victim of persecution for racial or
17 religious reasons by Nazi Germany or any other Axis
18 regime or as an heir of the victim. The amount of
19 and the eligibility for any public assistance,
20 benefit, or similar entitlement is not affected by
21 the inclusion of items (i) and (ii) of this
22 paragraph in gross income for federal income tax
23 purposes. This paragraph is exempt from the
24 provisions of Section 250;
25 (Y) For taxable years beginning on or after
26 January 1, 2002, moneys contributed in the taxable
27 year to a College Savings Pool account under Section
28 16.5 of the State Treasurer Act, except that amounts
29 excluded from gross income under Section
30 529(c)(3)(C)(i) of the Internal Revenue Code shall
31 not be considered moneys contributed under this
32 subparagraph (Y). This subparagraph (Y) is exempt
33 from the provisions of Section 250;
34 (Z) For taxable years 2001 and thereafter, for
-67- LRB093 05878 EFG 05971 b
1 the taxable year in which the bonus depreciation
2 deduction (30% of the adjusted basis of the
3 qualified property) is taken on the taxpayer's
4 federal income tax return under subsection (k) of
5 Section 168 of the Internal Revenue Code and for
6 each applicable taxable year thereafter, an amount
7 equal to "x", where:
8 (1) "y" equals the amount of the
9 depreciation deduction taken for the taxable
10 year on the taxpayer's federal income tax
11 return on property for which the bonus
12 depreciation deduction (30% of the adjusted
13 basis of the qualified property) was taken in
14 any year under subsection (k) of Section 168 of
15 the Internal Revenue Code, but not including
16 the bonus depreciation deduction; and
17 (2) "x" equals "y" multiplied by 30 and
18 then divided by 70 (or "y" multiplied by
19 0.429).
20 The aggregate amount deducted under this
21 subparagraph in all taxable years for any one piece
22 of property may not exceed the amount of the bonus
23 depreciation deduction (30% of the adjusted basis of
24 the qualified property) taken on that property on
25 the taxpayer's federal income tax return under
26 subsection (k) of Section 168 of the Internal
27 Revenue Code; and
28 (AA) If the taxpayer reports a capital gain or
29 loss on the taxpayer's federal income tax return for
30 the taxable year based on a sale or transfer of
31 property for which the taxpayer was required in any
32 taxable year to make an addition modification under
33 subparagraph (D-15), then an amount equal to that
34 addition modification.
-68- LRB093 05878 EFG 05971 b
1 The taxpayer is allowed to take the deduction
2 under this subparagraph only once with respect to
3 any one piece of property; and
4 (BB) (Z) Any amount included in adjusted gross
5 income, other than salary, received by a driver in a
6 ridesharing arrangement using a motor vehicle.
7 (b) Corporations.
8 (1) In general. In the case of a corporation, base
9 income means an amount equal to the taxpayer's taxable
10 income for the taxable year as modified by paragraph (2).
11 (2) Modifications. The taxable income referred to
12 in paragraph (1) shall be modified by adding thereto the
13 sum of the following amounts:
14 (A) An amount equal to all amounts paid or
15 accrued to the taxpayer as interest and all
16 distributions received from regulated investment
17 companies during the taxable year to the extent
18 excluded from gross income in the computation of
19 taxable income;
20 (B) An amount equal to the amount of tax
21 imposed by this Act to the extent deducted from
22 gross income in the computation of taxable income
23 for the taxable year;
24 (C) In the case of a regulated investment
25 company, an amount equal to the excess of (i) the
26 net long-term capital gain for the taxable year,
27 over (ii) the amount of the capital gain dividends
28 designated as such in accordance with Section
29 852(b)(3)(C) of the Internal Revenue Code and any
30 amount designated under Section 852(b)(3)(D) of the
31 Internal Revenue Code, attributable to the taxable
32 year (this amendatory Act of 1995 (Public Act 89-89)
33 is declarative of existing law and is not a new
34 enactment);
-69- LRB093 05878 EFG 05971 b
1 (D) The amount of any net operating loss
2 deduction taken in arriving at taxable income, other
3 than a net operating loss carried forward from a
4 taxable year ending prior to December 31, 1986;
5 (E) For taxable years in which a net operating
6 loss carryback or carryforward from a taxable year
7 ending prior to December 31, 1986 is an element of
8 taxable income under paragraph (1) of subsection (e)
9 or subparagraph (E) of paragraph (2) of subsection
10 (e), the amount by which addition modifications
11 other than those provided by this subparagraph (E)
12 exceeded subtraction modifications in such earlier
13 taxable year, with the following limitations applied
14 in the order that they are listed:
15 (i) the addition modification relating to
16 the net operating loss carried back or forward
17 to the taxable year from any taxable year
18 ending prior to December 31, 1986 shall be
19 reduced by the amount of addition modification
20 under this subparagraph (E) which related to
21 that net operating loss and which was taken
22 into account in calculating the base income of
23 an earlier taxable year, and
24 (ii) the addition modification relating
25 to the net operating loss carried back or
26 forward to the taxable year from any taxable
27 year ending prior to December 31, 1986 shall
28 not exceed the amount of such carryback or
29 carryforward;
30 For taxable years in which there is a net
31 operating loss carryback or carryforward from more
32 than one other taxable year ending prior to December
33 31, 1986, the addition modification provided in this
34 subparagraph (E) shall be the sum of the amounts
-70- LRB093 05878 EFG 05971 b
1 computed independently under the preceding
2 provisions of this subparagraph (E) for each such
3 taxable year;
4 (E-5) For taxable years ending after December
5 31, 1997, an amount equal to any eligible
6 remediation costs that the corporation deducted in
7 computing adjusted gross income and for which the
8 corporation claims a credit under subsection (l) of
9 Section 201;
10 (E-10) For taxable years 2001 and thereafter,
11 an amount equal to the bonus depreciation deduction
12 (30% of the adjusted basis of the qualified
13 property) taken on the taxpayer's federal income tax
14 return for the taxable year under subsection (k) of
15 Section 168 of the Internal Revenue Code; and
16 (E-11) If the taxpayer reports a capital gain
17 or loss on the taxpayer's federal income tax return
18 for the taxable year based on a sale or transfer of
19 property for which the taxpayer was required in any
20 taxable year to make an addition modification under
21 subparagraph (E-10), then an amount equal to the
22 aggregate amount of the deductions taken in all
23 taxable years under subparagraph (T) with respect to
24 that property.;
25 The taxpayer is required to make the addition
26 modification under this subparagraph only once with
27 respect to any one piece of property;
28 and by deducting from the total so obtained the sum of
29 the following amounts:
30 (F) An amount equal to the amount of any tax
31 imposed by this Act which was refunded to the
32 taxpayer and included in such total for the taxable
33 year;
34 (G) An amount equal to any amount included in
-71- LRB093 05878 EFG 05971 b
1 such total under Section 78 of the Internal Revenue
2 Code;
3 (H) In the case of a regulated investment
4 company, an amount equal to the amount of exempt
5 interest dividends as defined in subsection (b) (5)
6 of Section 852 of the Internal Revenue Code, paid to
7 shareholders for the taxable year;
8 (I) With the exception of any amounts
9 subtracted under subparagraph (J), an amount equal
10 to the sum of all amounts disallowed as deductions
11 by (i) Sections 171(a) (2), and 265(a)(2) and
12 amounts disallowed as interest expense by Section
13 291(a)(3) of the Internal Revenue Code, as now or
14 hereafter amended, and all amounts of expenses
15 allocable to interest and disallowed as deductions
16 by Section 265(a)(1) of the Internal Revenue Code,
17 as now or hereafter amended; and (ii) for taxable
18 years ending on or after August 13, 1999, Sections
19 171(a)(2), 265, 280C, 291(a)(3), and 832(b)(5)(B)(i)
20 of the Internal Revenue Code; the provisions of this
21 subparagraph are exempt from the provisions of
22 Section 250;
23 (J) An amount equal to all amounts included in
24 such total which are exempt from taxation by this
25 State either by reason of its statutes or
26 Constitution or by reason of the Constitution,
27 treaties or statutes of the United States; provided
28 that, in the case of any statute of this State that
29 exempts income derived from bonds or other
30 obligations from the tax imposed under this Act, the
31 amount exempted shall be the interest net of bond
32 premium amortization;
33 (K) An amount equal to those dividends
34 included in such total which were paid by a
-72- LRB093 05878 EFG 05971 b
1 corporation which conducts business operations in an
2 Enterprise Zone or zones created under the Illinois
3 Enterprise Zone Act and conducts substantially all
4 of its operations in an Enterprise Zone or zones;
5 (L) An amount equal to those dividends
6 included in such total that were paid by a
7 corporation that conducts business operations in a
8 federally designated Foreign Trade Zone or Sub-Zone
9 and that is designated a High Impact Business
10 located in Illinois; provided that dividends
11 eligible for the deduction provided in subparagraph
12 (K) of paragraph 2 of this subsection shall not be
13 eligible for the deduction provided under this
14 subparagraph (L);
15 (M) For any taxpayer that is a financial
16 organization within the meaning of Section 304(c) of
17 this Act, an amount included in such total as
18 interest income from a loan or loans made by such
19 taxpayer to a borrower, to the extent that such a
20 loan is secured by property which is eligible for
21 the Enterprise Zone Investment Credit. To determine
22 the portion of a loan or loans that is secured by
23 property eligible for a Section 201(f) investment
24 credit to the borrower, the entire principal amount
25 of the loan or loans between the taxpayer and the
26 borrower should be divided into the basis of the
27 Section 201(f) investment credit property which
28 secures the loan or loans, using for this purpose
29 the original basis of such property on the date that
30 it was placed in service in the Enterprise Zone.
31 The subtraction modification available to taxpayer
32 in any year under this subsection shall be that
33 portion of the total interest paid by the borrower
34 with respect to such loan attributable to the
-73- LRB093 05878 EFG 05971 b
1 eligible property as calculated under the previous
2 sentence;
3 (M-1) For any taxpayer that is a financial
4 organization within the meaning of Section 304(c) of
5 this Act, an amount included in such total as
6 interest income from a loan or loans made by such
7 taxpayer to a borrower, to the extent that such a
8 loan is secured by property which is eligible for
9 the High Impact Business Investment Credit. To
10 determine the portion of a loan or loans that is
11 secured by property eligible for a Section 201(h)
12 investment credit to the borrower, the entire
13 principal amount of the loan or loans between the
14 taxpayer and the borrower should be divided into the
15 basis of the Section 201(h) investment credit
16 property which secures the loan or loans, using for
17 this purpose the original basis of such property on
18 the date that it was placed in service in a
19 federally designated Foreign Trade Zone or Sub-Zone
20 located in Illinois. No taxpayer that is eligible
21 for the deduction provided in subparagraph (M) of
22 paragraph (2) of this subsection shall be eligible
23 for the deduction provided under this subparagraph
24 (M-1). The subtraction modification available to
25 taxpayers in any year under this subsection shall be
26 that portion of the total interest paid by the
27 borrower with respect to such loan attributable to
28 the eligible property as calculated under the
29 previous sentence;
30 (N) Two times any contribution made during the
31 taxable year to a designated zone organization to
32 the extent that the contribution (i) qualifies as a
33 charitable contribution under subsection (c) of
34 Section 170 of the Internal Revenue Code and (ii)
-74- LRB093 05878 EFG 05971 b
1 must, by its terms, be used for a project approved
2 by the Department of Commerce and Community Affairs
3 under Section 11 of the Illinois Enterprise Zone
4 Act;
5 (O) An amount equal to: (i) 85% for taxable
6 years ending on or before December 31, 1992, or, a
7 percentage equal to the percentage allowable under
8 Section 243(a)(1) of the Internal Revenue Code of
9 1986 for taxable years ending after December 31,
10 1992, of the amount by which dividends included in
11 taxable income and received from a corporation that
12 is not created or organized under the laws of the
13 United States or any state or political subdivision
14 thereof, including, for taxable years ending on or
15 after December 31, 1988, dividends received or
16 deemed received or paid or deemed paid under
17 Sections 951 through 964 of the Internal Revenue
18 Code, exceed the amount of the modification provided
19 under subparagraph (G) of paragraph (2) of this
20 subsection (b) which is related to such dividends;
21 plus (ii) 100% of the amount by which dividends,
22 included in taxable income and received, including,
23 for taxable years ending on or after December 31,
24 1988, dividends received or deemed received or paid
25 or deemed paid under Sections 951 through 964 of the
26 Internal Revenue Code, from any such corporation
27 specified in clause (i) that would but for the
28 provisions of Section 1504 (b) (3) of the Internal
29 Revenue Code be treated as a member of the
30 affiliated group which includes the dividend
31 recipient, exceed the amount of the modification
32 provided under subparagraph (G) of paragraph (2) of
33 this subsection (b) which is related to such
34 dividends;
-75- LRB093 05878 EFG 05971 b
1 (P) An amount equal to any contribution made
2 to a job training project established pursuant to
3 the Tax Increment Allocation Redevelopment Act;
4 (Q) An amount equal to the amount of the
5 deduction used to compute the federal income tax
6 credit for restoration of substantial amounts held
7 under claim of right for the taxable year pursuant
8 to Section 1341 of the Internal Revenue Code of
9 1986;
10 (R) In the case of an attorney-in-fact with
11 respect to whom an interinsurer or a reciprocal
12 insurer has made the election under Section 835 of
13 the Internal Revenue Code, 26 U.S.C. 835, an amount
14 equal to the excess, if any, of the amounts paid or
15 incurred by that interinsurer or reciprocal insurer
16 in the taxable year to the attorney-in-fact over the
17 deduction allowed to that interinsurer or reciprocal
18 insurer with respect to the attorney-in-fact under
19 Section 835(b) of the Internal Revenue Code for the
20 taxable year;
21 (S) For taxable years ending on or after
22 December 31, 1997, in the case of a Subchapter S
23 corporation, an amount equal to all amounts of
24 income allocable to a shareholder subject to the
25 Personal Property Tax Replacement Income Tax imposed
26 by subsections (c) and (d) of Section 201 of this
27 Act, including amounts allocable to organizations
28 exempt from federal income tax by reason of Section
29 501(a) of the Internal Revenue Code. This
30 subparagraph (S) is exempt from the provisions of
31 Section 250;
32 (T) For taxable years 2001 and thereafter, for
33 the taxable year in which the bonus depreciation
34 deduction (30% of the adjusted basis of the
-76- LRB093 05878 EFG 05971 b
1 qualified property) is taken on the taxpayer's
2 federal income tax return under subsection (k) of
3 Section 168 of the Internal Revenue Code and for
4 each applicable taxable year thereafter, an amount
5 equal to "x", where:
6 (1) "y" equals the amount of the
7 depreciation deduction taken for the taxable
8 year on the taxpayer's federal income tax
9 return on property for which the bonus
10 depreciation deduction (30% of the adjusted
11 basis of the qualified property) was taken in
12 any year under subsection (k) of Section 168 of
13 the Internal Revenue Code, but not including
14 the bonus depreciation deduction; and
15 (2) "x" equals "y" multiplied by 30 and
16 then divided by 70 (or "y" multiplied by
17 0.429).
18 The aggregate amount deducted under this
19 subparagraph in all taxable years for any one piece
20 of property may not exceed the amount of the bonus
21 depreciation deduction (30% of the adjusted basis of
22 the qualified property) taken on that property on
23 the taxpayer's federal income tax return under
24 subsection (k) of Section 168 of the Internal
25 Revenue Code; and
26 (U) If the taxpayer reports a capital gain or
27 loss on the taxpayer's federal income tax return for
28 the taxable year based on a sale or transfer of
29 property for which the taxpayer was required in any
30 taxable year to make an addition modification under
31 subparagraph (E-10), then an amount equal to that
32 addition modification.
33 The taxpayer is allowed to take the deduction
34 under this subparagraph only once with respect to
-77- LRB093 05878 EFG 05971 b
1 any one piece of property.
2 (3) Special rule. For purposes of paragraph (2)
3 (A), "gross income" in the case of a life insurance
4 company, for tax years ending on and after December 31,
5 1994, shall mean the gross investment income for the
6 taxable year.
7 (c) Trusts and estates.
8 (1) In general. In the case of a trust or estate,
9 base income means an amount equal to the taxpayer's
10 taxable income for the taxable year as modified by
11 paragraph (2).
12 (2) Modifications. Subject to the provisions of
13 paragraph (3), the taxable income referred to in
14 paragraph (1) shall be modified by adding thereto the sum
15 of the following amounts:
16 (A) An amount equal to all amounts paid or
17 accrued to the taxpayer as interest or dividends
18 during the taxable year to the extent excluded from
19 gross income in the computation of taxable income;
20 (B) In the case of (i) an estate, $600; (ii) a
21 trust which, under its governing instrument, is
22 required to distribute all of its income currently,
23 $300; and (iii) any other trust, $100, but in each
24 such case, only to the extent such amount was
25 deducted in the computation of taxable income;
26 (C) An amount equal to the amount of tax
27 imposed by this Act to the extent deducted from
28 gross income in the computation of taxable income
29 for the taxable year;
30 (D) The amount of any net operating loss
31 deduction taken in arriving at taxable income, other
32 than a net operating loss carried forward from a
33 taxable year ending prior to December 31, 1986;
34 (E) For taxable years in which a net operating
-78- LRB093 05878 EFG 05971 b
1 loss carryback or carryforward from a taxable year
2 ending prior to December 31, 1986 is an element of
3 taxable income under paragraph (1) of subsection (e)
4 or subparagraph (E) of paragraph (2) of subsection
5 (e), the amount by which addition modifications
6 other than those provided by this subparagraph (E)
7 exceeded subtraction modifications in such taxable
8 year, with the following limitations applied in the
9 order that they are listed:
10 (i) the addition modification relating to
11 the net operating loss carried back or forward
12 to the taxable year from any taxable year
13 ending prior to December 31, 1986 shall be
14 reduced by the amount of addition modification
15 under this subparagraph (E) which related to
16 that net operating loss and which was taken
17 into account in calculating the base income of
18 an earlier taxable year, and
19 (ii) the addition modification relating
20 to the net operating loss carried back or
21 forward to the taxable year from any taxable
22 year ending prior to December 31, 1986 shall
23 not exceed the amount of such carryback or
24 carryforward;
25 For taxable years in which there is a net
26 operating loss carryback or carryforward from more
27 than one other taxable year ending prior to December
28 31, 1986, the addition modification provided in this
29 subparagraph (E) shall be the sum of the amounts
30 computed independently under the preceding
31 provisions of this subparagraph (E) for each such
32 taxable year;
33 (F) For taxable years ending on or after
34 January 1, 1989, an amount equal to the tax deducted
-79- LRB093 05878 EFG 05971 b
1 pursuant to Section 164 of the Internal Revenue Code
2 if the trust or estate is claiming the same tax for
3 purposes of the Illinois foreign tax credit under
4 Section 601 of this Act;
5 (G) An amount equal to the amount of the
6 capital gain deduction allowable under the Internal
7 Revenue Code, to the extent deducted from gross
8 income in the computation of taxable income;
9 (G-5) For taxable years ending after December
10 31, 1997, an amount equal to any eligible
11 remediation costs that the trust or estate deducted
12 in computing adjusted gross income and for which the
13 trust or estate claims a credit under subsection (l)
14 of Section 201;
15 (G-10) For taxable years 2001 and thereafter,
16 an amount equal to the bonus depreciation deduction
17 (30% of the adjusted basis of the qualified
18 property) taken on the taxpayer's federal income tax
19 return for the taxable year under subsection (k) of
20 Section 168 of the Internal Revenue Code; and
21 (G-11) If the taxpayer reports a capital gain
22 or loss on the taxpayer's federal income tax return
23 for the taxable year based on a sale or transfer of
24 property for which the taxpayer was required in any
25 taxable year to make an addition modification under
26 subparagraph (G-10), then an amount equal to the
27 aggregate amount of the deductions taken in all
28 taxable years under subparagraph (R) with respect to
29 that property.;
30 The taxpayer is required to make the addition
31 modification under this subparagraph only once with
32 respect to any one piece of property;
33 and by deducting from the total so obtained the sum of
34 the following amounts:
-80- LRB093 05878 EFG 05971 b
1 (H) An amount equal to all amounts included in
2 such total pursuant to the provisions of Sections
3 402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and
4 408 of the Internal Revenue Code or included in such
5 total as distributions under the provisions of any
6 retirement or disability plan for employees of any
7 governmental agency or unit, or retirement payments
8 to retired partners, which payments are excluded in
9 computing net earnings from self employment by
10 Section 1402 of the Internal Revenue Code and
11 regulations adopted pursuant thereto;
12 (I) The valuation limitation amount;
13 (J) An amount equal to the amount of any tax
14 imposed by this Act which was refunded to the
15 taxpayer and included in such total for the taxable
16 year;
17 (K) An amount equal to all amounts included in
18 taxable income as modified by subparagraphs (A),
19 (B), (C), (D), (E), (F) and (G) which are exempt
20 from taxation by this State either by reason of its
21 statutes or Constitution or by reason of the
22 Constitution, treaties or statutes of the United
23 States; provided that, in the case of any statute of
24 this State that exempts income derived from bonds or
25 other obligations from the tax imposed under this
26 Act, the amount exempted shall be the interest net
27 of bond premium amortization;
28 (L) With the exception of any amounts
29 subtracted under subparagraph (K), an amount equal
30 to the sum of all amounts disallowed as deductions
31 by (i) Sections 171(a) (2) and 265(a)(2) of the
32 Internal Revenue Code, as now or hereafter amended,
33 and all amounts of expenses allocable to interest
34 and disallowed as deductions by Section 265(1) of
-81- LRB093 05878 EFG 05971 b
1 the Internal Revenue Code of 1954, as now or
2 hereafter amended; and (ii) for taxable years ending
3 on or after August 13, 1999, Sections 171(a)(2),
4 265, 280C, and 832(b)(5)(B)(i) of the Internal
5 Revenue Code; the provisions of this subparagraph
6 are exempt from the provisions of Section 250;
7 (M) An amount equal to those dividends
8 included in such total which were paid by a
9 corporation which conducts business operations in an
10 Enterprise Zone or zones created under the Illinois
11 Enterprise Zone Act and conducts substantially all
12 of its operations in an Enterprise Zone or Zones;
13 (N) An amount equal to any contribution made
14 to a job training project established pursuant to
15 the Tax Increment Allocation Redevelopment Act;
16 (O) An amount equal to those dividends
17 included in such total that were paid by a
18 corporation that conducts business operations in a
19 federally designated Foreign Trade Zone or Sub-Zone
20 and that is designated a High Impact Business
21 located in Illinois; provided that dividends
22 eligible for the deduction provided in subparagraph
23 (M) of paragraph (2) of this subsection shall not be
24 eligible for the deduction provided under this
25 subparagraph (O);
26 (P) An amount equal to the amount of the
27 deduction used to compute the federal income tax
28 credit for restoration of substantial amounts held
29 under claim of right for the taxable year pursuant
30 to Section 1341 of the Internal Revenue Code of
31 1986;
32 (Q) For taxable year 1999 and thereafter, an
33 amount equal to the amount of any (i) distributions,
34 to the extent includible in gross income for federal
-82- LRB093 05878 EFG 05971 b
1 income tax purposes, made to the taxpayer because of
2 his or her status as a victim of persecution for
3 racial or religious reasons by Nazi Germany or any
4 other Axis regime or as an heir of the victim and
5 (ii) items of income, to the extent includible in
6 gross income for federal income tax purposes,
7 attributable to, derived from or in any way related
8 to assets stolen from, hidden from, or otherwise
9 lost to a victim of persecution for racial or
10 religious reasons by Nazi Germany or any other Axis
11 regime immediately prior to, during, and immediately
12 after World War II, including, but not limited to,
13 interest on the proceeds receivable as insurance
14 under policies issued to a victim of persecution for
15 racial or religious reasons by Nazi Germany or any
16 other Axis regime by European insurance companies
17 immediately prior to and during World War II;
18 provided, however, this subtraction from federal
19 adjusted gross income does not apply to assets
20 acquired with such assets or with the proceeds from
21 the sale of such assets; provided, further, this
22 paragraph shall only apply to a taxpayer who was the
23 first recipient of such assets after their recovery
24 and who is a victim of persecution for racial or
25 religious reasons by Nazi Germany or any other Axis
26 regime or as an heir of the victim. The amount of
27 and the eligibility for any public assistance,
28 benefit, or similar entitlement is not affected by
29 the inclusion of items (i) and (ii) of this
30 paragraph in gross income for federal income tax
31 purposes. This paragraph is exempt from the
32 provisions of Section 250;
33 (R) For taxable years 2001 and thereafter, for
34 the taxable year in which the bonus depreciation
-83- LRB093 05878 EFG 05971 b
1 deduction (30% of the adjusted basis of the
2 qualified property) is taken on the taxpayer's
3 federal income tax return under subsection (k) of
4 Section 168 of the Internal Revenue Code and for
5 each applicable taxable year thereafter, an amount
6 equal to "x", where:
7 (1) "y" equals the amount of the
8 depreciation deduction taken for the taxable
9 year on the taxpayer's federal income tax
10 return on property for which the bonus
11 depreciation deduction (30% of the adjusted
12 basis of the qualified property) was taken in
13 any year under subsection (k) of Section 168 of
14 the Internal Revenue Code, but not including
15 the bonus depreciation deduction; and
16 (2) "x" equals "y" multiplied by 30 and
17 then divided by 70 (or "y" multiplied by
18 0.429).
19 The aggregate amount deducted under this
20 subparagraph in all taxable years for any one piece
21 of property may not exceed the amount of the bonus
22 depreciation deduction (30% of the adjusted basis of
23 the qualified property) taken on that property on
24 the taxpayer's federal income tax return under
25 subsection (k) of Section 168 of the Internal
26 Revenue Code; and
27 (S) If the taxpayer reports a capital gain or
28 loss on the taxpayer's federal income tax return for
29 the taxable year based on a sale or transfer of
30 property for which the taxpayer was required in any
31 taxable year to make an addition modification under
32 subparagraph (G-10), then an amount equal to that
33 addition modification.
34 The taxpayer is allowed to take the deduction
-84- LRB093 05878 EFG 05971 b
1 under this subparagraph only once with respect to
2 any one piece of property.
3 (3) Limitation. The amount of any modification
4 otherwise required under this subsection shall, under
5 regulations prescribed by the Department, be adjusted by
6 any amounts included therein which were properly paid,
7 credited, or required to be distributed, or permanently
8 set aside for charitable purposes pursuant to Internal
9 Revenue Code Section 642(c) during the taxable year.
10 (d) Partnerships.
11 (1) In general. In the case of a partnership, base
12 income means an amount equal to the taxpayer's taxable
13 income for the taxable year as modified by paragraph (2).
14 (2) Modifications. The taxable income referred to
15 in paragraph (1) shall be modified by adding thereto the
16 sum of the following amounts:
17 (A) An amount equal to all amounts paid or
18 accrued to the taxpayer as interest or dividends
19 during the taxable year to the extent excluded from
20 gross income in the computation of taxable income;
21 (B) An amount equal to the amount of tax
22 imposed by this Act to the extent deducted from
23 gross income for the taxable year;
24 (C) The amount of deductions allowed to the
25 partnership pursuant to Section 707 (c) of the
26 Internal Revenue Code in calculating its taxable
27 income;
28 (D) An amount equal to the amount of the
29 capital gain deduction allowable under the Internal
30 Revenue Code, to the extent deducted from gross
31 income in the computation of taxable income;
32 (D-5) For taxable years 2001 and thereafter,
33 an amount equal to the bonus depreciation deduction
34 (30% of the adjusted basis of the qualified
-85- LRB093 05878 EFG 05971 b
1 property) taken on the taxpayer's federal income tax
2 return for the taxable year under subsection (k) of
3 Section 168 of the Internal Revenue Code; and
4 (D-6) If the taxpayer reports a capital gain
5 or loss on the taxpayer's federal income tax return
6 for the taxable year based on a sale or transfer of
7 property for which the taxpayer was required in any
8 taxable year to make an addition modification under
9 subparagraph (D-5), then an amount equal to the
10 aggregate amount of the deductions taken in all
11 taxable years under subparagraph (O) with respect to
12 that property.;
13 The taxpayer is required to make the addition
14 modification under this subparagraph only once with
15 respect to any one piece of property;
16 and by deducting from the total so obtained the following
17 amounts:
18 (E) The valuation limitation amount;
19 (F) An amount equal to the amount of any tax
20 imposed by this Act which was refunded to the
21 taxpayer and included in such total for the taxable
22 year;
23 (G) An amount equal to all amounts included in
24 taxable income as modified by subparagraphs (A),
25 (B), (C) and (D) which are exempt from taxation by
26 this State either by reason of its statutes or
27 Constitution or by reason of the Constitution,
28 treaties or statutes of the United States; provided
29 that, in the case of any statute of this State that
30 exempts income derived from bonds or other
31 obligations from the tax imposed under this Act, the
32 amount exempted shall be the interest net of bond
33 premium amortization;
34 (H) Any income of the partnership which
-86- LRB093 05878 EFG 05971 b
1 constitutes personal service income as defined in
2 Section 1348 (b) (1) of the Internal Revenue Code
3 (as in effect December 31, 1981) or a reasonable
4 allowance for compensation paid or accrued for
5 services rendered by partners to the partnership,
6 whichever is greater;
7 (I) An amount equal to all amounts of income
8 distributable to an entity subject to the Personal
9 Property Tax Replacement Income Tax imposed by
10 subsections (c) and (d) of Section 201 of this Act
11 including amounts distributable to organizations
12 exempt from federal income tax by reason of Section
13 501(a) of the Internal Revenue Code;
14 (J) With the exception of any amounts
15 subtracted under subparagraph (G), an amount equal
16 to the sum of all amounts disallowed as deductions
17 by (i) Sections 171(a) (2), and 265(2) of the
18 Internal Revenue Code of 1954, as now or hereafter
19 amended, and all amounts of expenses allocable to
20 interest and disallowed as deductions by Section
21 265(1) of the Internal Revenue Code, as now or
22 hereafter amended; and (ii) for taxable years ending
23 on or after August 13, 1999, Sections 171(a)(2),
24 265, 280C, and 832(b)(5)(B)(i) of the Internal
25 Revenue Code; the provisions of this subparagraph
26 are exempt from the provisions of Section 250;
27 (K) An amount equal to those dividends
28 included in such total which were paid by a
29 corporation which conducts business operations in an
30 Enterprise Zone or zones created under the Illinois
31 Enterprise Zone Act, enacted by the 82nd General
32 Assembly, and conducts substantially all of its
33 operations in an Enterprise Zone or Zones;
34 (L) An amount equal to any contribution made
-87- LRB093 05878 EFG 05971 b
1 to a job training project established pursuant to
2 the Real Property Tax Increment Allocation
3 Redevelopment Act;
4 (M) An amount equal to those dividends
5 included in such total that were paid by a
6 corporation that conducts business operations in a
7 federally designated Foreign Trade Zone or Sub-Zone
8 and that is designated a High Impact Business
9 located in Illinois; provided that dividends
10 eligible for the deduction provided in subparagraph
11 (K) of paragraph (2) of this subsection shall not be
12 eligible for the deduction provided under this
13 subparagraph (M);
14 (N) An amount equal to the amount of the
15 deduction used to compute the federal income tax
16 credit for restoration of substantial amounts held
17 under claim of right for the taxable year pursuant
18 to Section 1341 of the Internal Revenue Code of
19 1986;
20 (O) For taxable years 2001 and thereafter, for
21 the taxable year in which the bonus depreciation
22 deduction (30% of the adjusted basis of the
23 qualified property) is taken on the taxpayer's
24 federal income tax return under subsection (k) of
25 Section 168 of the Internal Revenue Code and for
26 each applicable taxable year thereafter, an amount
27 equal to "x", where:
28 (1) "y" equals the amount of the
29 depreciation deduction taken for the taxable
30 year on the taxpayer's federal income tax
31 return on property for which the bonus
32 depreciation deduction (30% of the adjusted
33 basis of the qualified property) was taken in
34 any year under subsection (k) of Section 168 of
-88- LRB093 05878 EFG 05971 b
1 the Internal Revenue Code, but not including
2 the bonus depreciation deduction; and
3 (2) "x" equals "y" multiplied by 30 and
4 then divided by 70 (or "y" multiplied by
5 0.429).
6 The aggregate amount deducted under this
7 subparagraph in all taxable years for any one piece
8 of property may not exceed the amount of the bonus
9 depreciation deduction (30% of the adjusted basis of
10 the qualified property) taken on that property on
11 the taxpayer's federal income tax return under
12 subsection (k) of Section 168 of the Internal
13 Revenue Code; and
14 (P) If the taxpayer reports a capital gain or
15 loss on the taxpayer's federal income tax return for
16 the taxable year based on a sale or transfer of
17 property for which the taxpayer was required in any
18 taxable year to make an addition modification under
19 subparagraph (D-5), then an amount equal to that
20 addition modification.
21 The taxpayer is allowed to take the deduction
22 under this subparagraph only once with respect to
23 any one piece of property.
24 (e) Gross income; adjusted gross income; taxable income.
25 (1) In general. Subject to the provisions of
26 paragraph (2) and subsection (b) (3), for purposes of
27 this Section and Section 803(e), a taxpayer's gross
28 income, adjusted gross income, or taxable income for the
29 taxable year shall mean the amount of gross income,
30 adjusted gross income or taxable income properly
31 reportable for federal income tax purposes for the
32 taxable year under the provisions of the Internal Revenue
33 Code. Taxable income may be less than zero. However, for
34 taxable years ending on or after December 31, 1986, net
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1 operating loss carryforwards from taxable years ending
2 prior to December 31, 1986, may not exceed the sum of
3 federal taxable income for the taxable year before net
4 operating loss deduction, plus the excess of addition
5 modifications over subtraction modifications for the
6 taxable year. For taxable years ending prior to December
7 31, 1986, taxable income may never be an amount in excess
8 of the net operating loss for the taxable year as defined
9 in subsections (c) and (d) of Section 172 of the Internal
10 Revenue Code, provided that when taxable income of a
11 corporation (other than a Subchapter S corporation),
12 trust, or estate is less than zero and addition
13 modifications, other than those provided by subparagraph
14 (E) of paragraph (2) of subsection (b) for corporations
15 or subparagraph (E) of paragraph (2) of subsection (c)
16 for trusts and estates, exceed subtraction modifications,
17 an addition modification must be made under those
18 subparagraphs for any other taxable year to which the
19 taxable income less than zero (net operating loss) is
20 applied under Section 172 of the Internal Revenue Code or
21 under subparagraph (E) of paragraph (2) of this
22 subsection (e) applied in conjunction with Section 172 of
23 the Internal Revenue Code.
24 (2) Special rule. For purposes of paragraph (1) of
25 this subsection, the taxable income properly reportable
26 for federal income tax purposes shall mean:
27 (A) Certain life insurance companies. In the
28 case of a life insurance company subject to the tax
29 imposed by Section 801 of the Internal Revenue Code,
30 life insurance company taxable income, plus the
31 amount of distribution from pre-1984 policyholder
32 surplus accounts as calculated under Section 815a of
33 the Internal Revenue Code;
34 (B) Certain other insurance companies. In the
-90- LRB093 05878 EFG 05971 b
1 case of mutual insurance companies subject to the
2 tax imposed by Section 831 of the Internal Revenue
3 Code, insurance company taxable income;
4 (C) Regulated investment companies. In the
5 case of a regulated investment company subject to
6 the tax imposed by Section 852 of the Internal
7 Revenue Code, investment company taxable income;
8 (D) Real estate investment trusts. In the
9 case of a real estate investment trust subject to
10 the tax imposed by Section 857 of the Internal
11 Revenue Code, real estate investment trust taxable
12 income;
13 (E) Consolidated corporations. In the case of
14 a corporation which is a member of an affiliated
15 group of corporations filing a consolidated income
16 tax return for the taxable year for federal income
17 tax purposes, taxable income determined as if such
18 corporation had filed a separate return for federal
19 income tax purposes for the taxable year and each
20 preceding taxable year for which it was a member of
21 an affiliated group. For purposes of this
22 subparagraph, the taxpayer's separate taxable income
23 shall be determined as if the election provided by
24 Section 243(b) (2) of the Internal Revenue Code had
25 been in effect for all such years;
26 (F) Cooperatives. In the case of a
27 cooperative corporation or association, the taxable
28 income of such organization determined in accordance
29 with the provisions of Section 1381 through 1388 of
30 the Internal Revenue Code;
31 (G) Subchapter S corporations. In the case
32 of: (i) a Subchapter S corporation for which there
33 is in effect an election for the taxable year under
34 Section 1362 of the Internal Revenue Code, the
-91- LRB093 05878 EFG 05971 b
1 taxable income of such corporation determined in
2 accordance with Section 1363(b) of the Internal
3 Revenue Code, except that taxable income shall take
4 into account those items which are required by
5 Section 1363(b)(1) of the Internal Revenue Code to
6 be separately stated; and (ii) a Subchapter S
7 corporation for which there is in effect a federal
8 election to opt out of the provisions of the
9 Subchapter S Revision Act of 1982 and have applied
10 instead the prior federal Subchapter S rules as in
11 effect on July 1, 1982, the taxable income of such
12 corporation determined in accordance with the
13 federal Subchapter S rules as in effect on July 1,
14 1982; and
15 (H) Partnerships. In the case of a
16 partnership, taxable income determined in accordance
17 with Section 703 of the Internal Revenue Code,
18 except that taxable income shall take into account
19 those items which are required by Section 703(a)(1)
20 to be separately stated but which would be taken
21 into account by an individual in calculating his
22 taxable income.
23 (f) Valuation limitation amount.
24 (1) In general. The valuation limitation amount
25 referred to in subsections (a) (2) (G), (c) (2) (I) and
26 (d)(2) (E) is an amount equal to:
27 (A) The sum of the pre-August 1, 1969
28 appreciation amounts (to the extent consisting of
29 gain reportable under the provisions of Section 1245
30 or 1250 of the Internal Revenue Code) for all
31 property in respect of which such gain was reported
32 for the taxable year; plus
33 (B) The lesser of (i) the sum of the
34 pre-August 1, 1969 appreciation amounts (to the
-92- LRB093 05878 EFG 05971 b
1 extent consisting of capital gain) for all property
2 in respect of which such gain was reported for
3 federal income tax purposes for the taxable year, or
4 (ii) the net capital gain for the taxable year,
5 reduced in either case by any amount of such gain
6 included in the amount determined under subsection
7 (a) (2) (F) or (c) (2) (H).
8 (2) Pre-August 1, 1969 appreciation amount.
9 (A) If the fair market value of property
10 referred to in paragraph (1) was readily
11 ascertainable on August 1, 1969, the pre-August 1,
12 1969 appreciation amount for such property is the
13 lesser of (i) the excess of such fair market value
14 over the taxpayer's basis (for determining gain) for
15 such property on that date (determined under the
16 Internal Revenue Code as in effect on that date), or
17 (ii) the total gain realized and reportable for
18 federal income tax purposes in respect of the sale,
19 exchange or other disposition of such property.
20 (B) If the fair market value of property
21 referred to in paragraph (1) was not readily
22 ascertainable on August 1, 1969, the pre-August 1,
23 1969 appreciation amount for such property is that
24 amount which bears the same ratio to the total gain
25 reported in respect of the property for federal
26 income tax purposes for the taxable year, as the
27 number of full calendar months in that part of the
28 taxpayer's holding period for the property ending
29 July 31, 1969 bears to the number of full calendar
30 months in the taxpayer's entire holding period for
31 the property.
32 (C) The Department shall prescribe such
33 regulations as may be necessary to carry out the
34 purposes of this paragraph.
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1 (g) Double deductions. Unless specifically provided
2 otherwise, nothing in this Section shall permit the same item
3 to be deducted more than once.
4 (h) Legislative intention. Except as expressly provided
5 by this Section there shall be no modifications or
6 limitations on the amounts of income, gain, loss or deduction
7 taken into account in determining gross income, adjusted
8 gross income or taxable income for federal income tax
9 purposes for the taxable year, or in the amount of such items
10 entering into the computation of base income and net income
11 under this Act for such taxable year, whether in respect of
12 property values as of August 1, 1969 or otherwise.
13 (Source: P.A. 91-192, eff. 7-20-99; 91-205, eff. 7-20-99;
14 91-357, eff. 7-29-99; 91-541, eff. 8-13-99; 91-676, eff.
15 12-23-99; 91-845, eff. 6-22-00; 91-913, eff. 1-1-01; 92-16,
16 eff. 6-28-01; 92-244, eff. 8-3-01; 92-439, eff. 8-17-01;
17 92-603, eff. 6-28-02; 92-626, eff. 7-11-02; 92-651, eff.
18 7-11-02; 92-846, eff. 8-23-02; revised 11-15-02.)
19 (35 ILCS 5/509) (from Ch. 120, par. 5-509)
20 Sec. 509. Tax checkoff explanations. All individual
21 income tax return forms shall contain appropriate
22 explanations and spaces to enable the taxpayers to designate
23 contributions to the following funds: the Child Abuse
24 Prevention Fund, to the Illinois Wildlife Preservation Fund
25 (as required by the Illinois Non-Game Wildlife Protection
26 Act), to the Alzheimer's Disease Research Fund (as required
27 by the Alzheimer's Disease Research Act), to the Assistance
28 to the Homeless Fund (as required by this Act), to the Penny
29 Severns Breast and Cervical Cancer Research Fund, to the
30 National World War II Memorial Fund, to the Prostate Cancer
31 Research Fund, to the Illinois Military Family Relief Fund,
32 and the Multiple Sclerosis Assistance Fund, and to the Korean
33 War Veterans National Museum and Library Fund.
-94- LRB093 05878 EFG 05971 b
1 Each form shall contain a statement that the
2 contributions will reduce the taxpayer's refund or increase
3 the amount of payment to accompany the return. Failure to
4 remit any amount of increased payment shall reduce the
5 contribution accordingly.
6 If, on October 1 of any year, the total contributions to
7 any one of the funds made under this Section do not equal
8 $100,000 or more, the explanations and spaces for designating
9 contributions to the fund shall be removed from the
10 individual income tax return forms for the following and all
11 subsequent years and all subsequent contributions to the fund
12 shall be refunded to the taxpayer.
13 (Source: P.A. 91-104, eff. 7-13-99; 91-107, eff. 7-13-99;
14 91-357, eff. 7-29-99; 91-833, eff. 1-1-01; 91-836, eff.
15 1-1-01; 92-84, eff. 7-1-02; 92-198, eff. 8-1-01; 92-651, eff.
16 7-11-02; 92-772, eff. 8-6-02; 92-886, eff. 2-7-03; revised
17 2-17-03.)
18 (35 ILCS 5/510) (from Ch. 120, par. 5-510)
19 Sec. 510. Determination of amounts contributed. The
20 Department shall determine the total amount contributed to
21 each of the following: the Child Abuse Prevention Fund, the
22 Illinois Wildlife Preservation Fund, the Assistance to the
23 Homeless Fund, the Alzheimer's Disease Research Fund, the
24 Penny Severns Breast and Cervical Cancer Research Fund, the
25 National World War II Memorial Fund, the Prostate Cancer
26 Research Fund, to the Illinois Military Family Relief Fund,
27 and the Multiple Sclerosis Assistance Fund, and the Korean
28 War Veterans National Museum and Library Fund; and shall
29 notify the State Comptroller and the State Treasurer of the
30 amounts to be transferred from the General Revenue Fund to
31 each fund, and upon receipt of such notification the State
32 Treasurer and Comptroller shall transfer the amounts.
33 (Source: P.A. 91-104, eff. 7-13-99; 91-107, eff. 7-13-99;
-95- LRB093 05878 EFG 05971 b
1 91-833, eff. 1-1-01; 91-836, eff. 1-1-01; 92-84, eff. 7-1-02;
2 92-198, eff. 8-1-01; 92-651, eff. 7-11-02; 92-772, eff.
3 8-6-02; 92-886, eff. 2-7-03; revised 2-17-03.)
4 Section 17. The Service Occupation Tax Act is amended by
5 changing Section 2 as follows:
6 (35 ILCS 115/2) (from Ch. 120, par. 439.102)
7 Sec. 2. "Transfer" means any transfer of the title to
8 property or of the ownership of property whether or not the
9 transferor retains title as security for the payment of
10 amounts due him from the transferee.
11 "Cost Price" means the consideration paid by the
12 serviceman for a purchase valued in money, whether paid in
13 money or otherwise, including cash, credits and services, and
14 shall be determined without any deduction on account of the
15 supplier's cost of the property sold or on account of any
16 other expense incurred by the supplier. When a serviceman
17 contracts out part or all of the services required in his
18 sale of service, it shall be presumed that the cost price to
19 the serviceman of the property transferred to him by his or
20 her subcontractor is equal to 50% of the subcontractor's
21 charges to the serviceman in the absence of proof of the
22 consideration paid by the subcontractor for the purchase of
23 such property.
24 "Department" means the Department of Revenue.
25 "Person" means any natural individual, firm, partnership,
26 association, joint stock company, joint venture, public or
27 private corporation, limited liability company, and any
28 receiver, executor, trustee, guardian or other representative
29 appointed by order of any court.
30 "Sale of Service" means any transaction except:
31 (a) A retail sale of tangible personal property taxable
32 under the Retailers' Occupation Tax Act or under the Use Tax
-96- LRB093 05878 EFG 05971 b
1 Act.
2 (b) A sale of tangible personal property for the purpose
3 of resale made in compliance with Section 2c of the
4 Retailers' Occupation Tax Act.
5 (c) Except as hereinafter provided, a sale or transfer
6 of tangible personal property as an incident to the rendering
7 of service for or by any governmental body or for or by any
8 corporation, society, association, foundation or institution
9 organized and operated exclusively for charitable, religious
10 or educational purposes or any not-for-profit corporation,
11 society, association, foundation, institution or organization
12 which has no compensated officers or employees and which is
13 organized and operated primarily for the recreation of
14 persons 55 years of age or older. A limited liability company
15 may qualify for the exemption under this paragraph only if
16 the limited liability company is organized and operated
17 exclusively for educational purposes.
18 (d) A sale or transfer of tangible personal property as
19 an incident to the rendering of service for interstate
20 carriers for hire for use as rolling stock moving in
21 interstate commerce or lessors under leases of one year or
22 longer, executed or in effect at the time of purchase, to
23 interstate carriers for hire for use as rolling stock moving
24 in interstate commerce, and equipment operated by a
25 telecommunications provider, licensed as a common carrier by
26 the Federal Communications Commission, which is permanently
27 installed in or affixed to aircraft moving in interstate
28 commerce.
29 (d-1) A sale or transfer of tangible personal property
30 as an incident to the rendering of service for owners,
31 lessors or shippers of tangible personal property which is
32 utilized by interstate carriers for hire for use as rolling
33 stock moving in interstate commerce, and equipment operated
34 by a telecommunications provider, licensed as a common
-97- LRB093 05878 EFG 05971 b
1 carrier by the Federal Communications Commission, which is
2 permanently installed in or affixed to aircraft moving in
3 interstate commerce.
4 (d-2) The repairing, reconditioning or remodeling, for a
5 common carrier by rail, of tangible personal property which
6 belongs to such carrier for hire, and as to which such
7 carrier receives the physical possession of the repaired,
8 reconditioned or remodeled item of tangible personal property
9 in Illinois, and which such carrier transports, or shares
10 with another common carrier in the transportation of such
11 property, out of Illinois on a standard uniform bill of
12 lading showing the person who repaired, reconditioned or
13 remodeled the property as the shipper or consignor of such
14 property to a destination outside Illinois, for use outside
15 Illinois.
16 (d-3) A sale or transfer of tangible personal property
17 which is produced by the seller thereof on special order in
18 such a way as to have made the applicable tax the Service
19 Occupation Tax or the Service Use Tax, rather than the
20 Retailers' Occupation Tax or the Use Tax, for an interstate
21 carrier by rail which receives the physical possession of
22 such property in Illinois, and which transports such
23 property, or shares with another common carrier in the
24 transportation of such property, out of Illinois on a
25 standard uniform bill of lading showing the seller of the
26 property as the shipper or consignor of such property to a
27 destination outside Illinois, for use outside Illinois.
28 (d-4) Until January 1, 1997, a sale, by a registered
29 serviceman paying tax under this Act to the Department, of
30 special order printed materials delivered outside Illinois
31 and which are not returned to this State, if delivery is made
32 by the seller or agent of the seller, including an agent who
33 causes the product to be delivered outside Illinois by a
34 common carrier or the U.S. postal service.
-98- LRB093 05878 EFG 05971 b
1 (e) A sale or transfer of machinery and equipment used
2 primarily in the process of the manufacturing or assembling,
3 either in an existing, an expanded or a new manufacturing
4 facility, of tangible personal property for wholesale or
5 retail sale or lease, whether such sale or lease is made
6 directly by the manufacturer or by some other person, whether
7 the materials used in the process are owned by the
8 manufacturer or some other person, or whether such sale or
9 lease is made apart from or as an incident to the seller's
10 engaging in a service occupation and the applicable tax is a
11 Service Occupation Tax or Service Use Tax, rather than
12 Retailers' Occupation Tax or Use Tax.
13 (f) The sale or transfer of distillation machinery and
14 equipment, sold as a unit or kit and assembled or installed
15 by the retailer, which machinery and equipment is certified
16 by the user to be used only for the production of ethyl
17 alcohol that will be used for consumption as motor fuel or as
18 a component of motor fuel for the personal use of such user
19 and not subject to sale or resale.
20 (g) At the election of any serviceman not required to be
21 otherwise registered as a retailer under Section 2a of the
22 Retailers' Occupation Tax Act, made for each fiscal year
23 sales of service in which the aggregate annual cost price of
24 tangible personal property transferred as an incident to the
25 sales of service is less than 35% (75% in the case of
26 servicemen transferring prescription drugs or servicemen
27 engaged in graphic arts production) of the aggregate annual
28 total gross receipts from all sales of service. The purchase
29 of such tangible personal property by the serviceman shall be
30 subject to tax under the Retailers' Occupation Tax Act and
31 the Use Tax Act. However, if a primary serviceman who has
32 made the election described in this paragraph subcontracts
33 service work to a secondary serviceman who has also made the
34 election described in this paragraph, the primary serviceman
-99- LRB093 05878 EFG 05971 b
1 does not incur a Use Tax liability if the secondary
2 serviceman (i) has paid or will pay Use Tax on his or her
3 cost price of any tangible personal property transferred to
4 the primary serviceman and (ii) certifies that fact in
5 writing to the primary serviceman.
6 Tangible personal property transferred incident to the
7 completion of a maintenance agreement is exempt from the tax
8 imposed pursuant to this Act.
9 Exemption (e) also includes machinery and equipment used
10 in the general maintenance or repair of such exempt machinery
11 and equipment or for in-house manufacture of exempt machinery
12 and equipment. For the purposes of exemption (e), each of
13 these terms shall have the following meanings: (1)
14 "manufacturing process" shall mean the production of any
15 article of tangible personal property, whether such article
16 is a finished product or an article for use in the process of
17 manufacturing or assembling a different article of tangible
18 personal property, by procedures commonly regarded as
19 manufacturing, processing, fabricating, or refining which
20 changes some existing material or materials into a material
21 with a different form, use or name. In relation to a
22 recognized integrated business composed of a series of
23 operations which collectively constitute manufacturing, or
24 individually constitute manufacturing operations, the
25 manufacturing process shall be deemed to commence with the
26 first operation or stage of production in the series, and
27 shall not be deemed to end until the completion of the final
28 product in the last operation or stage of production in the
29 series; and further for purposes of exemption (e),
30 photoprocessing is deemed to be a manufacturing process of
31 tangible personal property for wholesale or retail sale; (2)
32 "assembling process" shall mean the production of any article
33 of tangible personal property, whether such article is a
34 finished product or an article for use in the process of
-100- LRB093 05878 EFG 05971 b
1 manufacturing or assembling a different article of tangible
2 personal property, by the combination of existing materials
3 in a manner commonly regarded as assembling which results in
4 a material of a different form, use or name; (3) "machinery"
5 shall mean major mechanical machines or major components of
6 such machines contributing to a manufacturing or assembling
7 process; and (4) "equipment" shall include any independent
8 device or tool separate from any machinery but essential to
9 an integrated manufacturing or assembly process; including
10 computers used primarily in a manufacturer's manufacuturer's
11 computer assisted design, computer assisted manufacturing
12 (CAD/CAM) system; or any subunit or assembly comprising a
13 component of any machinery or auxiliary, adjunct or
14 attachment parts of machinery, such as tools, dies, jigs,
15 fixtures, patterns and molds; or any parts which require
16 periodic replacement in the course of normal operation; but
17 shall not include hand tools. Equipment includes chemicals
18 or chemicals acting as catalysts but only if the chemicals or
19 chemicals acting as catalysts effect a direct and immediate
20 change upon a product being manufactured or assembled for
21 wholesale or retail sale or lease. The purchaser of such
22 machinery and equipment who has an active resale registration
23 number shall furnish such number to the seller at the time of
24 purchase. The purchaser of such machinery and equipment and
25 tools without an active resale registration number shall
26 furnish to the seller a certificate of exemption for each
27 transaction stating facts establishing the exemption for that
28 transaction, which certificate shall be available to the
29 Department for inspection or audit.
30 The rolling stock exemption applies to rolling stock used
31 by an interstate carrier for hire, even just between points
32 in Illinois, if such rolling stock transports, for hire,
33 persons whose journeys or property whose shipments originate
34 or terminate outside Illinois.
-101- LRB093 05878 EFG 05971 b
1 Any informal rulings, opinions or letters issued by the
2 Department in response to an inquiry or request for any
3 opinion from any person regarding the coverage and
4 applicability of exemption (e) to specific devices shall be
5 published, maintained as a public record, and made available
6 for public inspection and copying. If the informal ruling,
7 opinion or letter contains trade secrets or other
8 confidential information, where possible the Department shall
9 delete such information prior to publication. Whenever such
10 informal rulings, opinions, or letters contain any policy of
11 general applicability, the Department shall formulate and
12 adopt such policy as a rule in accordance with the provisions
13 of the Illinois Administrative Procedure Act.
14 On and after July 1, 1987, no entity otherwise eligible
15 under exemption (c) of this Section shall make tax free
16 purchases unless it has an active exemption identification
17 number issued by the Department.
18 "Serviceman" means any person who is engaged in the
19 occupation of making sales of service.
20 "Sale at Retail" means "sale at retail" as defined in the
21 Retailers' Occupation Tax Act.
22 "Supplier" means any person who makes sales of tangible
23 personal property to servicemen for the purpose of resale as
24 an incident to a sale of service.
25 (Source: P.A. 91-51, eff. 6-30-99; 92-484, eff. 8-23-01;
26 revised 11-22-02.)
27 Section 18. The Retailers' Occupation Tax Act is amended
28 by changing Section 2-5 as follows:
29 (35 ILCS 120/2-5) (from Ch. 120, par. 441-5)
30 Sec. 2-5. Exemptions. Gross receipts from proceeds from
31 the sale of the following tangible personal property are
32 exempt from the tax imposed by this Act:
-102- LRB093 05878 EFG 05971 b
1 (1) Farm chemicals.
2 (2) Farm machinery and equipment, both new and used,
3 including that manufactured on special order, certified by
4 the purchaser to be used primarily for production agriculture
5 or State or federal agricultural programs, including
6 individual replacement parts for the machinery and equipment,
7 including machinery and equipment purchased for lease, and
8 including implements of husbandry defined in Section 1-130 of
9 the Illinois Vehicle Code, farm machinery and agricultural
10 chemical and fertilizer spreaders, and nurse wagons required
11 to be registered under Section 3-809 of the Illinois Vehicle
12 Code, but excluding other motor vehicles required to be
13 registered under the Illinois Vehicle Code. Horticultural
14 polyhouses or hoop houses used for propagating, growing, or
15 overwintering plants shall be considered farm machinery and
16 equipment under this item (2). Agricultural chemical tender
17 tanks and dry boxes shall include units sold separately from
18 a motor vehicle required to be licensed and units sold
19 mounted on a motor vehicle required to be licensed, if the
20 selling price of the tender is separately stated.
21 Farm machinery and equipment shall include precision
22 farming equipment that is installed or purchased to be
23 installed on farm machinery and equipment including, but not
24 limited to, tractors, harvesters, sprayers, planters,
25 seeders, or spreaders. Precision farming equipment includes,
26 but is not limited to, soil testing sensors, computers,
27 monitors, software, global positioning and mapping systems,
28 and other such equipment.
29 Farm machinery and equipment also includes computers,
30 sensors, software, and related equipment used primarily in
31 the computer-assisted operation of production agriculture
32 facilities, equipment, and activities such as, but not
33 limited to, the collection, monitoring, and correlation of
34 animal and crop data for the purpose of formulating animal
-103- LRB093 05878 EFG 05971 b
1 diets and agricultural chemicals. This item (7) is exempt
2 from the provisions of Section 2-70.
3 (3) Distillation machinery and equipment, sold as a unit
4 or kit, assembled or installed by the retailer, certified by
5 the user to be used only for the production of ethyl alcohol
6 that will be used for consumption as motor fuel or as a
7 component of motor fuel for the personal use of the user, and
8 not subject to sale or resale.
9 (4) Graphic arts machinery and equipment, including
10 repair and replacement parts, both new and used, and
11 including that manufactured on special order or purchased for
12 lease, certified by the purchaser to be used primarily for
13 graphic arts production. Equipment includes chemicals or
14 chemicals acting as catalysts but only if the chemicals or
15 chemicals acting as catalysts effect a direct and immediate
16 change upon a graphic arts product.
17 (5) A motor vehicle of the first division, a motor
18 vehicle of the second division that is a self-contained motor
19 vehicle designed or permanently converted to provide living
20 quarters for recreational, camping, or travel use, with
21 direct walk through access to the living quarters from the
22 driver's seat, or a motor vehicle of the second division that
23 is of the van configuration designed for the transportation
24 of not less than 7 nor more than 16 passengers, as defined in
25 Section 1-146 of the Illinois Vehicle Code, that is used for
26 automobile renting, as defined in the Automobile Renting
27 Occupation and Use Tax Act.
28 (6) Personal property sold by a teacher-sponsored
29 student organization affiliated with an elementary or
30 secondary school located in Illinois.
31 (7) Proceeds of that portion of the selling price of a
32 passenger car the sale of which is subject to the Replacement
33 Vehicle Tax.
34 (8) Personal property sold to an Illinois county fair
-104- LRB093 05878 EFG 05971 b
1 association for use in conducting, operating, or promoting
2 the county fair.
3 (9) Personal property sold to a not-for-profit arts or
4 cultural organization that establishes, by proof required by
5 the Department by rule, that it has received an exemption
6 under Section 501(c)(3) of the Internal Revenue Code and that
7 is organized and operated primarily for the presentation or
8 support of arts or cultural programming, activities, or
9 services. These organizations include, but are not limited
10 to, music and dramatic arts organizations such as symphony
11 orchestras and theatrical groups, arts and cultural service
12 organizations, local arts councils, visual arts
13 organizations, and media arts organizations. On and after the
14 effective date of this amendatory Act of the 92nd General
15 Assembly, however, an entity otherwise eligible for this
16 exemption shall not make tax-free purchases unless it has an
17 active identification number issued by the Department.
18 (10) Personal property sold by a corporation, society,
19 association, foundation, institution, or organization, other
20 than a limited liability company, that is organized and
21 operated as a not-for-profit service enterprise for the
22 benefit of persons 65 years of age or older if the personal
23 property was not purchased by the enterprise for the purpose
24 of resale by the enterprise.
25 (11) Personal property sold to a governmental body, to a
26 corporation, society, association, foundation, or institution
27 organized and operated exclusively for charitable, religious,
28 or educational purposes, or to a not-for-profit corporation,
29 society, association, foundation, institution, or
30 organization that has no compensated officers or employees
31 and that is organized and operated primarily for the
32 recreation of persons 55 years of age or older. A limited
33 liability company may qualify for the exemption under this
34 paragraph only if the limited liability company is organized
-105- LRB093 05878 EFG 05971 b
1 and operated exclusively for educational purposes. On and
2 after July 1, 1987, however, no entity otherwise eligible for
3 this exemption shall make tax-free purchases unless it has an
4 active identification number issued by the Department.
5 (12) Personal property sold to interstate carriers for
6 hire for use as rolling stock moving in interstate commerce
7 or to lessors under leases of one year or longer executed or
8 in effect at the time of purchase by interstate carriers for
9 hire for use as rolling stock moving in interstate commerce
10 and equipment operated by a telecommunications provider,
11 licensed as a common carrier by the Federal Communications
12 Commission, which is permanently installed in or affixed to
13 aircraft moving in interstate commerce.
14 (13) Proceeds from sales to owners, lessors, or shippers
15 of tangible personal property that is utilized by interstate
16 carriers for hire for use as rolling stock moving in
17 interstate commerce and equipment operated by a
18 telecommunications provider, licensed as a common carrier by
19 the Federal Communications Commission, which is permanently
20 installed in or affixed to aircraft moving in interstate
21 commerce.
22 (14) Machinery and equipment that will be used by the
23 purchaser, or a lessee of the purchaser, primarily in the
24 process of manufacturing or assembling tangible personal
25 property for wholesale or retail sale or lease, whether the
26 sale or lease is made directly by the manufacturer or by some
27 other person, whether the materials used in the process are
28 owned by the manufacturer or some other person, or whether
29 the sale or lease is made apart from or as an incident to the
30 seller's engaging in the service occupation of producing
31 machines, tools, dies, jigs, patterns, gauges, or other
32 similar items of no commercial value on special order for a
33 particular purchaser.
34 (15) Proceeds of mandatory service charges separately
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1 stated on customers' bills for purchase and consumption of
2 food and beverages, to the extent that the proceeds of the
3 service charge are in fact turned over as tips or as a
4 substitute for tips to the employees who participate directly
5 in preparing, serving, hosting or cleaning up the food or
6 beverage function with respect to which the service charge is
7 imposed.
8 (16) Petroleum products sold to a purchaser if the
9 seller is prohibited by federal law from charging tax to the
10 purchaser.
11 (17) Tangible personal property sold to a common carrier
12 by rail or motor that receives the physical possession of the
13 property in Illinois and that transports the property, or
14 shares with another common carrier in the transportation of
15 the property, out of Illinois on a standard uniform bill of
16 lading showing the seller of the property as the shipper or
17 consignor of the property to a destination outside Illinois,
18 for use outside Illinois.
19 (18) Legal tender, currency, medallions, or gold or
20 silver coinage issued by the State of Illinois, the
21 government of the United States of America, or the government
22 of any foreign country, and bullion.
23 (19) Oil field exploration, drilling, and production
24 equipment, including (i) rigs and parts of rigs, rotary rigs,
25 cable tool rigs, and workover rigs, (ii) pipe and tubular
26 goods, including casing and drill strings, (iii) pumps and
27 pump-jack units, (iv) storage tanks and flow lines, (v) any
28 individual replacement part for oil field exploration,
29 drilling, and production equipment, and (vi) machinery and
30 equipment purchased for lease; but excluding motor vehicles
31 required to be registered under the Illinois Vehicle Code.
32 (20) Photoprocessing machinery and equipment, including
33 repair and replacement parts, both new and used, including
34 that manufactured on special order, certified by the
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1 purchaser to be used primarily for photoprocessing, and
2 including photoprocessing machinery and equipment purchased
3 for lease.
4 (21) Coal exploration, mining, offhighway hauling,
5 processing, maintenance, and reclamation equipment, including
6 replacement parts and equipment, and including equipment
7 purchased for lease, but excluding motor vehicles required to
8 be registered under the Illinois Vehicle Code.
9 (22) Fuel and petroleum products sold to or used by an
10 air carrier, certified by the carrier to be used for
11 consumption, shipment, or storage in the conduct of its
12 business as an air common carrier, for a flight destined for
13 or returning from a location or locations outside the United
14 States without regard to previous or subsequent domestic
15 stopovers.
16 (23) A transaction in which the purchase order is
17 received by a florist who is located outside Illinois, but
18 who has a florist located in Illinois deliver the property to
19 the purchaser or the purchaser's donee in Illinois.
20 (24) Fuel consumed or used in the operation of ships,
21 barges, or vessels that are used primarily in or for the
22 transportation of property or the conveyance of persons for
23 hire on rivers bordering on this State if the fuel is
24 delivered by the seller to the purchaser's barge, ship, or
25 vessel while it is afloat upon that bordering river.
26 (25) A motor vehicle sold in this State to a nonresident
27 even though the motor vehicle is delivered to the nonresident
28 in this State, if the motor vehicle is not to be titled in
29 this State, and if a drive-away permit is issued to the motor
30 vehicle as provided in Section 3-603 of the Illinois Vehicle
31 Code or if the nonresident purchaser has vehicle registration
32 plates to transfer to the motor vehicle upon returning to his
33 or her home state. The issuance of the drive-away permit or
34 having the out-of-state registration plates to be transferred
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1 is prima facie evidence that the motor vehicle will not be
2 titled in this State.
3 (26) Semen used for artificial insemination of livestock
4 for direct agricultural production.
5 (27) Horses, or interests in horses, registered with and
6 meeting the requirements of any of the Arabian Horse Club
7 Registry of America, Appaloosa Horse Club, American Quarter
8 Horse Association, United States Trotting Association, or
9 Jockey Club, as appropriate, used for purposes of breeding or
10 racing for prizes.
11 (28) Computers and communications equipment utilized for
12 any hospital purpose and equipment used in the diagnosis,
13 analysis, or treatment of hospital patients sold to a lessor
14 who leases the equipment, under a lease of one year or longer
15 executed or in effect at the time of the purchase, to a
16 hospital that has been issued an active tax exemption
17 identification number by the Department under Section 1g of
18 this Act.
19 (29) Personal property sold to a lessor who leases the
20 property, under a lease of one year or longer executed or in
21 effect at the time of the purchase, to a governmental body
22 that has been issued an active tax exemption identification
23 number by the Department under Section 1g of this Act.
24 (30) Beginning with taxable years ending on or after
25 December 31, 1995 and ending with taxable years ending on or
26 before December 31, 2004, personal property that is donated
27 for disaster relief to be used in a State or federally
28 declared disaster area in Illinois or bordering Illinois by a
29 manufacturer or retailer that is registered in this State to
30 a corporation, society, association, foundation, or
31 institution that has been issued a sales tax exemption
32 identification number by the Department that assists victims
33 of the disaster who reside within the declared disaster area.
34 (31) Beginning with taxable years ending on or after
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1 December 31, 1995 and ending with taxable years ending on or
2 before December 31, 2004, personal property that is used in
3 the performance of infrastructure repairs in this State,
4 including but not limited to municipal roads and streets,
5 access roads, bridges, sidewalks, waste disposal systems,
6 water and sewer line extensions, water distribution and
7 purification facilities, storm water drainage and retention
8 facilities, and sewage treatment facilities, resulting from a
9 State or federally declared disaster in Illinois or bordering
10 Illinois when such repairs are initiated on facilities
11 located in the declared disaster area within 6 months after
12 the disaster.
13 (32) Beginning July 1, 1999, game or game birds sold at
14 a "game breeding and hunting preserve area" or an "exotic
15 game hunting area" as those terms are used in the Wildlife
16 Code or at a hunting enclosure approved through rules adopted
17 by the Department of Natural Resources. This paragraph is
18 exempt from the provisions of Section 2-70.
19 (33) A motor vehicle, as that term is defined in Section
20 1-146 of the Illinois Vehicle Code, that is donated to a
21 corporation, limited liability company, society, association,
22 foundation, or institution that is determined by the
23 Department to be organized and operated exclusively for
24 educational purposes. For purposes of this exemption, "a
25 corporation, limited liability company, society, association,
26 foundation, or institution organized and operated exclusively
27 for educational purposes" means all tax-supported public
28 schools, private schools that offer systematic instruction in
29 useful branches of learning by methods common to public
30 schools and that compare favorably in their scope and
31 intensity with the course of study presented in tax-supported
32 schools, and vocational or technical schools or institutes
33 organized and operated exclusively to provide a course of
34 study of not less than 6 weeks duration and designed to
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1 prepare individuals to follow a trade or to pursue a manual,
2 technical, mechanical, industrial, business, or commercial
3 occupation.
4 (34) Beginning January 1, 2000, personal property,
5 including food, purchased through fundraising events for the
6 benefit of a public or private elementary or secondary
7 school, a group of those schools, or one or more school
8 districts if the events are sponsored by an entity recognized
9 by the school district that consists primarily of volunteers
10 and includes parents and teachers of the school children.
11 This paragraph does not apply to fundraising events (i) for
12 the benefit of private home instruction or (ii) for which the
13 fundraising entity purchases the personal property sold at
14 the events from another individual or entity that sold the
15 property for the purpose of resale by the fundraising entity
16 and that profits from the sale to the fundraising entity.
17 This paragraph is exempt from the provisions of Section 2-70.
18 (35) Beginning January 1, 2000 and through December 31,
19 2001, new or used automatic vending machines that prepare and
20 serve hot food and beverages, including coffee, soup, and
21 other items, and replacement parts for these machines.
22 Beginning January 1, 2002, machines and parts for machines
23 used in commercial, coin-operated amusement and vending
24 business if a use or occupation tax is paid on the gross
25 receipts derived from the use of the commercial,
26 coin-operated amusement and vending machines. This paragraph
27 is exempt from the provisions of Section 2-70.
28 (35-5) (36) Food for human consumption that is to be
29 consumed off the premises where it is sold (other than
30 alcoholic beverages, soft drinks, and food that has been
31 prepared for immediate consumption) and prescription and
32 nonprescription medicines, drugs, medical appliances, and
33 insulin, urine testing materials, syringes, and needles used
34 by diabetics, for human use, when purchased for use by a
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1 person receiving medical assistance under Article 5 of the
2 Illinois Public Aid Code who resides in a licensed long-term
3 care facility, as defined in the Nursing Home Care Act.
4 (36) Beginning August 2, 2001 on the effective date of
5 this amendatory Act of the 92nd General Assembly, computers
6 and communications equipment utilized for any hospital
7 purpose and equipment used in the diagnosis, analysis, or
8 treatment of hospital patients sold to a lessor who leases
9 the equipment, under a lease of one year or longer executed
10 or in effect at the time of the purchase, to a hospital that
11 has been issued an active tax exemption identification number
12 by the Department under Section 1g of this Act. This
13 paragraph is exempt from the provisions of Section 2-70.
14 (37) Beginning August 2, 2001 on the effective date of
15 this amendatory Act of the 92nd General Assembly, personal
16 property sold to a lessor who leases the property, under a
17 lease of one year or longer executed or in effect at the time
18 of the purchase, to a governmental body that has been issued
19 an active tax exemption identification number by the
20 Department under Section 1g of this Act. This paragraph is
21 exempt from the provisions of Section 2-70.
22 (38) Beginning on January 1, 2002, tangible personal
23 property purchased from an Illinois retailer by a taxpayer
24 engaged in centralized purchasing activities in Illinois who
25 will, upon receipt of the property in Illinois, temporarily
26 store the property in Illinois (i) for the purpose of
27 subsequently transporting it outside this State for use or
28 consumption thereafter solely outside this State or (ii) for
29 the purpose of being processed, fabricated, or manufactured
30 into, attached to, or incorporated into other tangible
31 personal property to be transported outside this State and
32 thereafter used or consumed solely outside this State. The
33 Director of Revenue shall, pursuant to rules adopted in
34 accordance with the Illinois Administrative Procedure Act,
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1 issue a permit to any taxpayer in good standing with the
2 Department who is eligible for the exemption under this
3 paragraph (38). The permit issued under this paragraph (38)
4 shall authorize the holder, to the extent and in the manner
5 specified in the rules adopted under this Act, to purchase
6 tangible personal property from a retailer exempt from the
7 taxes imposed by this Act. Taxpayers shall maintain all
8 necessary books and records to substantiate the use and
9 consumption of all such tangible personal property outside of
10 the State of Illinois.
11 (Source: P.A. 91-51, eff. 6-30-99; 91-200, eff. 7-20-99;
12 91-439, eff. 8-6-99; 91-533, eff. 8-13-99; 91-637, eff.
13 8-20-99; 91-644, eff. 8-20-99; 92-16, eff. 6-28-01; 92-35,
14 eff. 7-1-01; 92-227, eff. 8-2-01; 92-337, eff. 8-10-01;
15 92-484, eff. 8-23-01; 92-488, eff. 8-23-01; 92-651, eff.
16 7-11-02; 92-680, eff. 7-16-02; revised 1-26-03.)
17 Section 19. The Cigarette Tax Act is amended by changing
18 Section 3 as follows:
19 (35 ILCS 130/3) (from Ch. 120, par. 453.3)
20 Sec. 3. Affixing tax stamp; remitting tax to the
21 Department. Payment of the taxes imposed by Section 2 of
22 this Act shall (except as hereinafter provided) be evidenced
23 by revenue tax stamps affixed to each original package of
24 cigarettes. Each distributor of cigarettes, before delivering
25 or causing to be delivered any original package of cigarettes
26 in this State to a purchaser, shall firmly affix a proper
27 stamp or stamps to each such package, or (in case of
28 manufacturers of cigarettes in original packages which are
29 contained inside a sealed transparent wrapper) shall imprint
30 the required language on the original package of cigarettes
31 beneath such outside wrapper, as hereinafter provided.
32 No stamp or imprint may be affixed to, or made upon, any
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1 package of cigarettes unless that package complies with all
2 requirements of the federal Cigarette Labeling and
3 Advertising Act, 15 U.S.C. 1331 and following, for the
4 placement of labels, warnings, or any other information upon
5 a package of cigarettes that is sold within the United
6 States. Under the authority of Section 6, the Department
7 shall revoke the license of any distributor that is
8 determined to have violated this paragraph. A person may not
9 affix a stamp on a package of cigarettes, cigarette papers,
10 wrappers, or tubes if that individual package has been marked
11 for export outside the United States with a label or notice
12 in compliance with Section 290.185 of Title 27 of the Code of
13 Federal Regulations. It is not a defense to a proceeding for
14 violation of this paragraph that the label or notice has been
15 removed, mutilated, obliterated, or altered in any manner.
16 The Department, or any person authorized by the
17 Department, shall sell such stamps only to persons holding
18 valid licenses as distributors under this Act. The Department
19 may refuse to sell stamps to any person who does not comply
20 with the provisions of this Act. Beginning on the effective
21 date of this amendatory Act of the 92nd General Assembly and
22 through June 30, 2002, persons holding valid licenses as
23 distributors may purchase cigarette tax stamps up to an
24 amount equal to 115% of the distributor's average monthly
25 cigarette tax stamp purchases over the 12 calendar months
26 prior to the effective date of this amendatory Act of the
27 92nd General Assembly.
28 Prior to December 1, 1985, the Department shall allow a
29 distributor 21 days in which to make final payment of the
30 amount to be paid for such stamps, by allowing the
31 distributor to make payment for the stamps at the time of
32 purchasing them with a draft which shall be in such form as
33 the Department prescribes, and which shall be payable within
34 21 days thereafter: Provided that such distributor has filed
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1 with the Department, and has received the Department's
2 approval of, a bond, which is in addition to the bond
3 required under Section 4 of this Act, payable to the
4 Department in an amount equal to 80% of such distributor's
5 average monthly tax liability to the Department under this
6 Act during the preceding calendar year or $500,000, whichever
7 is less. The Bond shall be joint and several and shall be in
8 the form of a surety company bond in such form as the
9 Department prescribes, or it may be in the form of a bank
10 certificate of deposit or bank letter of credit. The bond
11 shall be conditioned upon the distributor's payment of amount
12 of any 21-day draft which the Department accepts from that
13 distributor for the delivery of stamps to that distributor
14 under this Act. The distributor's failure to pay any such
15 draft, when due, shall also make such distributor
16 automatically liable to the Department for a penalty equal to
17 25% of the amount of such draft.
18 On and after December 1, 1985, the Department shall allow
19 a distributor 30 days in which to make final payment of the
20 amount to be paid for such stamps, by allowing the
21 distributor to make payment for the stamps at the time of
22 purchasing them with a draft which shall be in such form as
23 the Department prescribes, and which shall be payable within
24 30 days thereafter, and beginning on January 1, 2003 and
25 thereafter, the draft shall be payable by means of electronic
26 funds transfer: Provided that such distributor has filed
27 with the Department, and has received the Department's
28 approval of, a bond, which is in addition to the bond
29 required under Section 4 of this Act, payable to the
30 Department in an amount equal to 150% of such distributor's
31 average monthly tax liability to the Department under this
32 Act during the preceding calendar year or $750,000, whichever
33 is less, except that as to bonds filed on or after January 1,
34 1987, such additional bond shall be in an amount equal to
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1 100% of such distributor's average monthly tax liability
2 under this Act during the preceding calendar year or
3 $750,000, whichever is less. The bond shall be joint and
4 several and shall be in the form of a surety company bond in
5 such form as the Department prescribes, or it may be in the
6 form of a bank certificate of deposit or bank letter of
7 credit. The bond shall be conditioned upon the distributor's
8 payment of the amount of any 30-day draft which the
9 Department accepts from that distributor for the delivery of
10 stamps to that distributor under this Act. The distributor's
11 failure to pay any such draft, when due, shall also make such
12 distributor automatically liable to the Department for a
13 penalty equal to 25% of the amount of such draft.
14 Every prior continuous compliance taxpayer shall be
15 exempt from all requirements under this Section concerning
16 the furnishing of such bond, as defined in this Section, as a
17 condition precedent to his being authorized to engage in the
18 business licensed under this Act. This exemption shall
19 continue for each such taxpayer until such time as he may be
20 determined by the Department to be delinquent in the filing
21 of any returns, or is determined by the Department (either
22 through the Department's issuance of a final assessment which
23 has become final under the Act, or by the taxpayer's filing
24 of a return which admits tax to be due that is not paid) to
25 be delinquent or deficient in the paying of any tax under
26 this Act, at which time that taxpayer shall become subject to
27 the bond requirements of this Section and, as a condition of
28 being allowed to continue to engage in the business licensed
29 under this Act, shall be required to furnish bond to the
30 Department in such form as provided in this Section. Such
31 taxpayer shall furnish such bond for a period of 2 years,
32 after which, if the taxpayer has not been delinquent in the
33 filing of any returns, or delinquent or deficient in the
34 paying of any tax under this Act, the Department may
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1 reinstate such person as a prior continuance compliance
2 taxpayer. Any taxpayer who fails to pay an admitted or
3 established liability under this Act may also be required to
4 post bond or other acceptable security with the Department
5 guaranteeing the payment of such admitted or established
6 liability.
7 Any person aggrieved by any decision of the Department
8 under this Section may, within the time allowed by law,
9 protest and request a hearing, whereupon the Department shall
10 give notice and shall hold a hearing in conformity with the
11 provisions of this Act and then issue its final
12 administrative decision in the matter to such person. In the
13 absence of such a protest filed within the time allowed by
14 law, the Department's decision shall become final without any
15 further determination being made or notice given.
16 The Department shall discharge any surety and shall
17 release and return any bond or security deposited, assigned,
18 pledged, or otherwise provided to it by a taxpayer under this
19 Section within 30 days after:
20 (1) Such taxpayer becomes a prior continuous compliance
21 taxpayer; or
22 (2) Such taxpayer has ceased to collect receipts on
23 which he is required to remit tax to the Department, has
24 filed a final tax return, and has paid to the Department an
25 amount sufficient to discharge his remaining tax liability as
26 determined by the Department under this Act. The Department
27 shall make a final determination of the taxpayer's
28 outstanding tax liability as expeditiously as possible after
29 his final tax return has been filed. If the Department
30 cannot make such final determination within 45 days after
31 receiving the final tax return, within such period it shall
32 so notify the taxpayer, stating its reasons therefor.
33 The Department may authorize distributors to affix
34 revenue tax stamps by imprinting tax meter stamps upon
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1 original packages of cigarettes. The Department shall adopt
2 rules and regulations relating to the imprinting of such tax
3 meter stamps as will result in payment of the proper taxes as
4 herein imposed. No distributor may affix revenue tax stamps
5 to original packages of cigarettes by imprinting tax meter
6 stamps thereon unless such distributor has first obtained
7 permission from the Department to employ this method of
8 affixation. The Department shall regulate the use of tax
9 meters and may, to assure the proper collection of the taxes
10 imposed by this Act, revoke or suspend the privilege,
11 theretofore granted by the Department to any distributor, to
12 imprint tax meter stamps upon original packages of
13 cigarettes.
14 Illinois cigarette manufacturers who place their
15 cigarettes in original packages which are contained inside a
16 sealed transparent wrapper, and similar out-of-State
17 cigarette manufacturers who elect to qualify and are accepted
18 by the Department as distributors under Section 4b of this
19 Act, shall pay the taxes imposed by this Act by remitting the
20 amount thereof to the Department by the 5th day of each month
21 covering cigarettes shipped or otherwise delivered in
22 Illinois to purchasers during the preceding calendar month.
23 Such manufacturers of cigarettes in original packages which
24 are contained inside a sealed transparent wrapper, before
25 delivering such cigarettes or causing such cigarettes to be
26 delivered in this State to purchasers, shall evidence their
27 obligation to remit the taxes due with respect to such
28 cigarettes by imprinting language to be prescribed by the
29 Department on each original package of such cigarettes
30 underneath the sealed transparent outside wrapper of such
31 original package, in such place thereon and in such manner as
32 the Department may designate. Such imprinted language shall
33 acknowledge the manufacturer's payment of or liability for
34 the tax imposed by this Act with respect to the distribution
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1 of such cigarettes.
2 A distributor shall not affix, or cause to be affixed,
3 any stamp or imprint to a package of cigarettes, as provided
4 for in this Section, if the tobacco product manufacturer, as
5 defined in Section 10 of the Tobacco Product Manufacturers'
6 Escrow Act, that made or sold the cigarettes has failed to
7 become a participating manufacturer, as defined in
8 subdivision (a)(1) of Section 15 of the Tobacco Product
9 Manufacturers' Escrow Act, or has failed to create a
10 qualified escrow fund for any cigarettes manufactured by the
11 tobacco product manufacturer and sold in this State or
12 otherwise failed to bring itself into compliance with
13 subdivision (a)(2) of Section 15 of the Tobacco Product
14 Manufacturers' Escrow Act.
15 (Source: P.A. 91-246, eff. 7-22-99; 92-322, eff. 1-1-02;
16 92-536, eff. 6-6-02; 92-737, eff. 7-25-02; revised 9-10-02.)
17 Section 20. The Cigarette Use Tax Act is amended by
18 changing Section 3 as follows:
19 (35 ILCS 135/3) (from Ch. 120, par. 453.33)
20 Sec. 3. Stamp payment. The tax hereby imposed shall be
21 collected by a distributor maintaining a place of business in
22 this State or a distributor authorized by the Department
23 pursuant to Section 7 hereof to collect the tax, and the
24 amount of the tax shall be added to the price of the
25 cigarettes sold by such distributor. Collection of the tax
26 shall be evidenced by a stamp or stamps affixed to each
27 original package of cigarettes or by an authorized substitute
28 for such stamp imprinted on each original package of such
29 cigarettes underneath the sealed transparent outside wrapper
30 of such original package, except as hereinafter provided.
31 Each distributor who is required or authorized to collect the
32 tax herein imposed, before delivering or causing to be
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1 delivered any original packages of cigarettes in this State
2 to any purchaser, shall firmly affix a proper stamp or stamps
3 to each such package, or (in the case of manufacturers of
4 cigarettes in original packages which are contained inside a
5 sealed transparent wrapper) shall imprint the required
6 language on the original package of cigarettes beneath such
7 outside wrapper as hereinafter provided. Such stamp or stamps
8 need not be affixed to the original package of any cigarettes
9 with respect to which the distributor is required to affix a
10 like stamp or stamps by virtue of the Cigarette Tax Act,
11 however, and no tax imprint need be placed underneath the
12 sealed transparent wrapper of an original package of
13 cigarettes with respect to which the distributor is required
14 or authorized to employ a like tax imprint by virtue of the
15 Cigarette Tax Act.
16 No stamp or imprint may be affixed to, or made upon, any
17 package of cigarettes unless that package complies with all
18 requirements of the federal Cigarette Labeling and
19 Advertising Act, 15 U.S.C. 1331 and following, for the
20 placement of labels, warnings, or any other information upon
21 a package of cigarettes that is sold within the United
22 States. Under the authority of Section 6, the Department
23 shall revoke the license of any distributor that is
24 determined to have violated this paragraph. A person may not
25 affix a stamp on a package of cigarettes, cigarette papers,
26 wrappers, or tubes if that individual package has been marked
27 for export outside the United States with a label or notice
28 in compliance with Section 290.185 of Title 27 of the Code of
29 Federal Regulations. It is not a defense to a proceeding for
30 violation of this paragraph that the label or notice has been
31 removed, mutilated, obliterated, or altered in any manner.
32 Stamps, when required hereunder, shall be purchased from
33 the Department, or any person authorized by the Department,
34 by distributors. The Department may refuse to sell stamps to
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1 any person who does not comply with the provisions of this
2 Act. Beginning on June 6, 2002 the effective date of this
3 amendatory Act of the 92nd General Assembly and through June
4 30, 2002, persons holding valid licenses as distributors may
5 purchase cigarette tax stamps up to an amount equal to 115%
6 of the distributor's average monthly cigarette tax stamp
7 purchases over the 12 calendar months prior to June 6, 2002
8 the effective date of this amendatory Act of the 92nd General
9 Assembly.
10 Prior to December 1, 1985, the Department shall allow a
11 distributor 21 days in which to make final payment of the
12 amount to be paid for such stamps, by allowing the
13 distributor to make payment for the stamps at the time of
14 purchasing them with a draft which shall be in such form as
15 the Department prescribes, and which shall be payable within
16 21 days thereafter: Provided that such distributor has filed
17 with the Department, and has received the Department's
18 approval of, a bond, which is in addition to the bond
19 required under Section 4 of this Act, payable to the
20 Department in an amount equal to 80% of such distributor's
21 average monthly tax liability to the Department under this
22 Act during the preceding calendar year or $500,000, whichever
23 is less. The bond shall be joint and several and shall be in
24 the form of a surety company bond in such form as the
25 Department prescribes, or it may be in the form of a bank
26 certificate of deposit or bank letter of credit. The bond
27 shall be conditioned upon the distributor's payment of the
28 amount of any 21-day draft which the Department accepts from
29 that distributor for the delivery of stamps to that
30 distributor under this Act. The distributor's failure to pay
31 any such draft, when due, shall also make such distributor
32 automatically liable to the Department for a penalty equal to
33 25% of the amount of such draft.
34 On and after December 1, 1985, the Department shall allow
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1 a distributor 30 days in which to make final payment of the
2 amount to be paid for such stamps, by allowing the
3 distributor to make payment for the stamps at the time of
4 purchasing them with a draft which shall be in such form as
5 the Department prescribes, and which shall be payable within
6 30 days thereafter, and beginning on January 1, 2003 and
7 thereafter, the draft shall be payable by means of electronic
8 funds transfer: Provided that such distributor has filed
9 with the Department, and has received the Department's
10 approval of, a bond, which is in addition to the bond
11 required under Section 4 of this Act, payable to the
12 Department in an amount equal to 150% of such distributor's
13 average monthly tax liability to the Department under this
14 Act during the preceding calendar year or $750,000, whichever
15 is less, except that as to bonds filed on or after January 1,
16 1987, such additional bond shall be in an amount equal to
17 100% of such distributor's average monthly tax liability
18 under this Act during the preceding calendar year or
19 $750,000, whichever is less. The bond shall be joint and
20 several and shall be in the form of a surety company bond in
21 such form as the Department prescribes, or it may be in the
22 form of a bank certificate of deposit or bank letter of
23 credit. The bond shall be conditioned upon the distributor's
24 payment of the amount of any 30-day draft which the
25 Department accepts from that distributor for the delivery of
26 stamps to that distributor under this Act. The distributor's
27 failure to pay any such draft, when due, shall also make such
28 distributor automatically liable to the Department for a
29 penalty equal to 25% of the amount of such draft.
30 Every prior continuous compliance taxpayer shall be
31 exempt from all requirements under this Section concerning
32 the furnishing of such bond, as defined in this Section, as a
33 condition precedent to his being authorized to engage in the
34 business licensed under this Act. This exemption shall
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1 continue for each such taxpayer until such time as he may be
2 determined by the Department to be delinquent in the filing
3 of any returns, or is determined by the Department (either
4 through the Department's issuance of a final assessment which
5 has become final under the Act, or by the taxpayer's filing
6 of a return which admits tax to be due that is not paid) to
7 be delinquent or deficient in the paying of any tax under
8 this Act, at which time that taxpayer shall become subject to
9 the bond requirements of this Section and, as a condition of
10 being allowed to continue to engage in the business licensed
11 under this Act, shall be required to furnish bond to the
12 Department in such form as provided in this Section. Such
13 taxpayer shall furnish such bond for a period of 2 years,
14 after which, if the taxpayer has not been delinquent in the
15 filing of any returns, or delinquent or deficient in the
16 paying of any tax under this Act, the Department may
17 reinstate such person as a prior continuance compliance
18 taxpayer. Any taxpayer who fails to pay an admitted or
19 established liability under this Act may also be required to
20 post bond or other acceptable security with the Department
21 guaranteeing the payment of such admitted or established
22 liability.
23 Any person aggrieved by any decision of the Department
24 under this Section may, within the time allowed by law,
25 protest and request a hearing, whereupon the Department shall
26 give notice and shall hold a hearing in conformity with the
27 provisions of this Act and then issue its final
28 administrative decision in the matter to such person. In the
29 absence of such a protest filed within the time allowed by
30 law, the Department's decision shall become final without any
31 further determination being made or notice given.
32 The Department shall discharge any surety and shall
33 release and return any bond or security deposited, assigned,
34 pledged, or otherwise provided to it by a taxpayer under this
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1 Section within 30 days after:
2 (1) such Taxpayer becomes a prior continuous
3 compliance taxpayer; or
4 (2) such taxpayer has ceased to collect receipts on
5 which he is required to remit tax to the Department, has
6 filed a final tax return, and has paid to the Department
7 an amount sufficient to discharge his remaining tax
8 liability as determined by the Department under this Act.
9 The Department shall make a final determination of the
10 taxpayer's outstanding tax liability as expeditiously as
11 possible after his final tax return has been filed. If
12 the Department cannot make such final determination
13 within 45 days after receiving the final tax return,
14 within such period it shall so notify the taxpayer,
15 stating its reasons therefor.
16 At the time of purchasing such stamps from the Department
17 when purchase is required by this Act, or at the time when
18 the tax which he has collected is remitted by a distributor
19 to the Department without the purchase of stamps from the
20 Department when that method of remitting the tax that has
21 been collected is required or authorized by this Act, the
22 distributor shall be allowed a discount during any year
23 commencing July 1 and ending the following June 30 in
24 accordance with the schedule set out hereinbelow, from the
25 amount to be paid by him to the Department for such stamps,
26 or to be paid by him to the Department on the basis of
27 monthly remittances (as the case may be), to cover the cost,
28 to such distributor, of collecting the tax herein imposed by
29 affixing such stamps to the original packages of cigarettes
30 sold by such distributor or by placing tax imprints
31 underneath the sealed transparent wrapper of original
32 packages of cigarettes sold by such distributor (as the case
33 may be): (1) Prior to December 1, 1985, a discount equal to
34 1-2/3% of the amount of the tax up to and including the first
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1 $700,000 paid hereunder by such distributor to the Department
2 during any such year; 1-1/3% of the next $700,000 of tax or
3 any part thereof, paid hereunder by such distributor to the
4 Department during any such year; 1% of the next $700,000 of
5 tax, or any part thereof, paid hereunder by such distributor
6 to the Department during any such year; and 2/3 of 1% of the
7 amount of any additional tax paid hereunder by such
8 distributor to the Department during any such year or (2) On
9 and after December 1, 1985, a discount equal to 1.75% of the
10 amount of the tax payable under this Act up to and including
11 the first $3,000,000 paid hereunder by such distributor to
12 the Department during any such year and 1.5% of the amount of
13 any additional tax paid hereunder by such distributor to the
14 Department during any such year.
15 Two or more distributors that use a common means of
16 affixing revenue tax stamps or that are owned or controlled
17 by the same interests shall be treated as a single
18 distributor for the purpose of computing the discount.
19 Cigarette manufacturers who are distributors under this
20 Act, and who place their cigarettes in original packages
21 which are contained inside a sealed transparent wrapper,
22 shall be required to remit the tax which they are required to
23 collect under this Act to the Department by remitting the
24 amount thereof to the Department by the 5th day of each
25 month, covering cigarettes shipped or otherwise delivered to
26 points in Illinois to purchasers during the preceding
27 calendar month, but a distributor need not remit to the
28 Department the tax so collected by him from purchasers under
29 this Act to the extent to which such distributor is required
30 to remit the tax imposed by the Cigarette Tax Act to the
31 Department with respect to the same cigarettes. All taxes
32 upon cigarettes under this Act are a direct tax upon the
33 retail consumer and shall conclusively be presumed to be
34 precollected for the purpose of convenience and facility
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1 only. Distributors who are manufacturers of cigarettes in
2 original packages which are contained inside a sealed
3 transparent wrapper, before delivering such cigarettes or
4 causing such cigarettes to be delivered in this State to
5 purchasers, shall evidence their obligation to collect and
6 remit the tax due with respect to such cigarettes by
7 imprinting language to be prescribed by the Department on
8 each original package of such cigarettes underneath the
9 sealed transparent outside wrapper of such original package,
10 in such place thereon and in such manner as the Department
11 may prescribe; provided (as stated hereinbefore) that this
12 requirement does not apply when such distributor is required
13 or authorized by the Cigarette Tax Act to place the tax
14 imprint provided for in the last paragraph of Section 3 of
15 that Act underneath the sealed transparent wrapper of such
16 original package of cigarettes. Such imprinted language shall
17 acknowledge the manufacturer's collection and payment of or
18 liability for the tax imposed by this Act with respect to
19 such cigarettes.
20 The Department shall adopt the design or designs of the
21 tax stamps and shall procure the printing of such stamps in
22 such amounts and denominations as it deems necessary to
23 provide for the affixation of the proper amount of tax stamps
24 to each original package of cigarettes.
25 Where tax stamps are required, the Department may
26 authorize distributors to affix revenue tax stamps by
27 imprinting tax meter stamps upon original packages of
28 cigarettes. The Department shall adopt rules and regulations
29 relating to the imprinting of such tax meter stamps as will
30 result in payment of the proper taxes as herein imposed. No
31 distributor may affix revenue tax stamps to original packages
32 of cigarettes by imprinting meter stamps thereon unless such
33 distributor has first obtained permission from the Department
34 to employ this method of affixation. The Department shall
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1 regulate the use of tax meters and may, to assure the proper
2 collection of the taxes imposed by this Act, revoke or
3 suspend the privilege, theretofore granted by the Department
4 to any distributor, to imprint tax meter stamps upon original
5 packages of cigarettes.
6 The tax hereby imposed and not paid pursuant to this
7 Section shall be paid to the Department directly by any
8 person using such cigarettes within this State, pursuant to
9 Section 12 hereof.
10 A distributor shall not affix, or cause to be affixed,
11 any stamp or imprint to a package of cigarettes, as provided
12 for in this Section, if the tobacco product manufacturer, as
13 defined in Section 10 of the Tobacco Product Manufacturers'
14 Escrow Act, that made or sold the cigarettes has failed to
15 become a participating manufacturer, as defined in
16 subdivision (a)(1) of Section 15 of the Tobacco Product
17 Manufacturers' Escrow Act, or has failed to create a
18 qualified escrow fund for any cigarettes manufactured by the
19 tobacco product manufacturer and sold in this State or
20 otherwise failed to bring itself into compliance with
21 subdivision (a)(2) of Section 15 of the Tobacco Product
22 Manufacturers' Escrow Act.
23 (Source: P.A. 91-246, eff. 7-22-99; 92-322, eff. 1-1-02;
24 92-536, eff. 6-6-02; 92-737, eff. 7-25-02; revised 9-10-02.)
25 Section 21. The Hotel Operators' Occupation Tax Act is
26 amended by changing Section 6 as follows:
27 (35 ILCS 145/6) (from Ch. 120, par. 481b.36)
28 Sec. 6. Except as provided hereinafter in this Section,
29 on or before the last day of each calendar month, every
30 person engaged in the business of renting, leasing or letting
31 rooms in a hotel in this State during the preceding calendar
32 month shall file a return with the Department, stating:
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1 1. The name of the operator;
2 2. His residence address and the address of his
3 principal place of business and the address of the
4 principal place of business (if that is a different
5 address) from which he engages in the business of
6 renting, leasing or letting rooms in a hotel in this
7 State;
8 3. Total amount of rental receipts received by him
9 during the preceding calendar month from renting, leasing
10 or letting rooms during such preceding calendar month;
11 4. Total amount of rental receipts received by him
12 during the preceding calendar month from renting, leasing
13 or letting rooms to permanent residents during such
14 preceding calendar month;
15 5. Total amount of other exclusions from gross
16 rental receipts allowed by this Act;
17 6. Gross rental receipts which were received by him
18 during the preceding calendar month and upon the basis of
19 which the tax is imposed;
20 7. The amount of tax due;
21 8. Such other reasonable information as the
22 Department may require.
23 If the operator's average monthly tax liability to the
24 Department does not exceed $200, the Department may authorize
25 his returns to be filed on a quarter annual basis, with the
26 return for January, February and March of a given year being
27 due by April 30 of such year; with the return for April, May
28 and June of a given year being due by July 31 of such year;
29 with the return for July, August and September of a given
30 year being due by October 31 of such year, and with the
31 return for October, November and December of a given year
32 being due by January 31 of the following year.
33 If the operator's average monthly tax liability to the
34 Department does not exceed $50, the Department may authorize
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1 his returns to be filed on an annual basis, with the return
2 for a given year being due by January 31 of the following
3 year.
4 Such quarter annual and annual returns, as to form and
5 substance, shall be subject to the same requirements as
6 monthly returns.
7 Notwithstanding any other provision in this Act
8 concerning the time within which an operator may file his
9 return, in the case of any operator who ceases to engage in a
10 kind of business which makes him responsible for filing
11 returns under this Act, such operator shall file a final
12 return under this Act with the Department not more than 1
13 month after discontinuing such business.
14 Where the same person has more than 1 business registered
15 with the Department under separate registrations under this
16 Act, such person shall not file each return that is due as a
17 single return covering all such registered businesses, but
18 shall file separate returns for each such registered
19 business.
20 In his return, the operator shall determine the value of
21 any consideration other than money received by him in
22 connection with the renting, leasing or letting of rooms in
23 the course of his business and he shall include such value in
24 his return. Such determination shall be subject to review
25 and revision by the Department in the manner hereinafter
26 provided for the correction of returns.
27 Where the operator is a corporation, the return filed on
28 behalf of such corporation shall be signed by the president,
29 vice-president, secretary or treasurer or by the properly
30 accredited agent of such corporation.
31 The person filing the return herein provided for shall,
32 at the time of filing such return, pay to the Department the
33 amount of tax herein imposed. The operator filing the return
34 under this Section shall, at the time of filing such return,
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1 pay to the Department the amount of tax imposed by this Act
2 less a discount of 2.1% or $25 per calendar year, whichever
3 is greater, which is allowed to reimburse the operator for
4 the expenses incurred in keeping records, preparing and
5 filing returns, remitting the tax and supplying data to the
6 Department on request.
7 There shall be deposited in the Build Illinois Fund in
8 the State Treasury for each State fiscal year 40% of the
9 amount of total net proceeds from the tax imposed by
10 subsection (a) of Section 3. Of the remaining 60%, $5,000,000
11 shall be deposited in the Illinois Sports Facilities Fund and
12 credited to the Subsidy Account each fiscal year by making
13 monthly deposits in the amount of 1/8 of $5,000,000 plus
14 cumulative deficiencies in such deposits for prior months,
15 and an additional $8,000,000 shall be deposited in the
16 Illinois Sports Facilities Fund and credited to the Advance
17 Account each fiscal year by making monthly deposits in the
18 amount of 1/8 of $8,000,000 plus any cumulative deficiencies
19 in such deposits for prior months; provided, that for fiscal
20 years ending after June 30, 2001, the amount to be so
21 deposited into the Illinois Sports Facilities Fund and
22 credited to the Advance Account each fiscal year shall be
23 increased from $8,000,000 to the then applicable Advance
24 Amount and the required monthly deposits beginning with July
25 2001 shall be in the amount of 1/8 of the then applicable
26 Advance Amount plus any cumulative deficiencies in those
27 deposits for prior months. (The deposits of the additional
28 $8,000,000 or the then applicable Advance Amount, as
29 applicable, during each fiscal year shall be treated as
30 advances of funds to the Illinois Sports Facilities Authority
31 for its corporate purposes to the extent paid to the
32 Authority or its trustee and shall be repaid into the General
33 Revenue Fund in the State Treasury by the State Treasurer on
34 behalf of the Authority pursuant to Section 19 of the
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1 Illinois Sports Facilities Authority Act, as amended. If in
2 any fiscal year the full amount of the then applicable
3 Advance Amount is not repaid into the General Revenue Fund,
4 then the deficiency shall be paid from the amount in the
5 Local Government Distributive Fund that would otherwise be
6 allocated to the City of Chicago under the State Revenue
7 Sharing Act.)
8 For purposes of the foregoing paragraph, the term
9 "Advance Amount" means, for fiscal year 2002, $22,179,000,
10 and for subsequent fiscal years through fiscal year 2032,
11 105.615% of the Advance Amount for the immediately preceding
12 fiscal year, rounded up to the nearest $1,000.
13 Of the remaining 60% of the amount of total net proceeds
14 from the tax imposed by subsection (a) of Section 3 after all
15 required deposits in the Illinois Sports Facilities Fund, the
16 amount equal to 8% of the net revenue realized from the Hotel
17 Operators' Occupation Tax Act plus an amount equal to 8% of
18 the net revenue realized from any tax imposed under Section
19 4.05 of the Chicago World's Fair-1992 Authority Act during
20 the preceding month shall be deposited in the Local Tourism
21 Fund each month for purposes authorized by Section 605-705 of
22 the Department of Commerce and Community Affairs Law (20 ILCS
23 605/605-705) in the Local Tourism Fund, and beginning August
24 1, 1999, the amount equal to 4.5% of the net revenue realized
25 from the Hotel Operators' Occupation Tax Act during the
26 preceding month shall be deposited into the International
27 Tourism Fund for the purposes authorized in Section 605-707
28 605-725 of the Department of Commerce and Community Affairs
29 Law. "Net revenue realized for a month" means the revenue
30 collected by the State under that Act during the previous
31 month less the amount paid out during that same month as
32 refunds to taxpayers for overpayment of liability under that
33 Act.
34 After making all these deposits, all other proceeds of
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1 the tax imposed under subsection (a) of Section 3 shall be
2 deposited in the General Revenue Fund in the State Treasury.
3 All moneys received by the Department from the additional tax
4 imposed under subsection (b) of Section 3 shall be deposited
5 into the Build Illinois Fund in the State Treasury.
6 The Department may, upon separate written notice to a
7 taxpayer, require the taxpayer to prepare and file with the
8 Department on a form prescribed by the Department within not
9 less than 60 days after receipt of the notice an annual
10 information return for the tax year specified in the notice.
11 Such annual return to the Department shall include a
12 statement of gross receipts as shown by the operator's last
13 State income tax return. If the total receipts of the
14 business as reported in the State income tax return do not
15 agree with the gross receipts reported to the Department for
16 the same period, the operator shall attach to his annual
17 information return a schedule showing a reconciliation of the
18 2 amounts and the reasons for the difference. The operator's
19 annual information return to the Department shall also
20 disclose pay roll information of the operator's business
21 during the year covered by such return and any additional
22 reasonable information which the Department deems would be
23 helpful in determining the accuracy of the monthly, quarterly
24 or annual tax returns by such operator as hereinbefore
25 provided for in this Section.
26 If the annual information return required by this Section
27 is not filed when and as required the taxpayer shall be
28 liable for a penalty in an amount determined in accordance
29 with Section 3-4 of the Uniform Penalty and Interest Act
30 until such return is filed as required, the penalty to be
31 assessed and collected in the same manner as any other
32 penalty provided for in this Act.
33 The chief executive officer, proprietor, owner or highest
34 ranking manager shall sign the annual return to certify the
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1 accuracy of the information contained therein. Any person
2 who willfully signs the annual return containing false or
3 inaccurate information shall be guilty of perjury and
4 punished accordingly. The annual return form prescribed by
5 the Department shall include a warning that the person
6 signing the return may be liable for perjury.
7 The foregoing portion of this Section concerning the
8 filing of an annual information return shall not apply to an
9 operator who is not required to file an income tax return
10 with the United States Government.
11 (Source: P.A. 91-239, eff. 1-1-00; 91-604, eff. 8-16-99;
12 91-935, eff. 6-1-01; 92-16, eff. 6-28-01; 92-600, eff.
13 6-28-02; revised 1-26-03.)
14 Section 22. The Property Tax Code is amended by changing
15 Sections 15-25 and 18-177 and setting forth and renumbering
16 multiple versions of Section 18-92 as follows:
17 (35 ILCS 200/15-25)
18 Sec. 15-25. Removal of exemptions. If the Department
19 determines that any property has been unlawfully exempted
20 from taxation, or is no longer entitled to exemption, the
21 Department shall, before January 1 of any year, direct the
22 chief county assessment officer to assess the property and
23 return it to the assessment rolls for the next assessment
24 year. The Department shall give notice of its decision to
25 the owner of the property by certified mail. The decision
26 shall be subject to review and hearing under Section 8-35,
27 upon application by the owner filed within 60 days after the
28 notice of decision is mailed. However, the extension of
29 taxes on the assessment shall not be delayed by any
30 proceedings under this Section. If the property is
31 determined to be exempt, any taxes extended upon the
32 assessment shall be abated or, if already paid, be refunded.
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1 (Source: P.A. 92-651, eff. 7-11-02; 92-658, eff. 7-16-02;
2 revised 7-26-02.)
3 (35 ILCS 200/18-92)
4 Sec. 18-92. Downstate School Finance Authority for
5 Elementary Districts Law. The provisions of the Truth in
6 Taxation Law are subject to the Downstate School Finance
7 Authority for Elementary Districts Law.
8 (Source: P.A. 92-855, eff. 12-6-02.)
9 (35 ILCS 200/18-93)
10 Sec. 18-93 18-92. Maywood Public Library District Tax
11 Levy Validation (2002) Law. The provisions of the Truth in
12 Taxation Law are subject to the Maywood Public Library
13 District Tax Levy Validation (2002) Law.
14 (Source: P.A. 92-884, eff. 1-13-03; revised 1-18-03.)
15 (35 ILCS 200/18-177)
16 Sec. 18-177. Leased low-rent housing abatement. In
17 counties of 3,000,000 or more inhabitants, the county clerk
18 shall abate property taxes levied by any taxing district
19 under this Code on property that meets the following
20 requirements:
21 (1) The property does not qualify as exempt
22 property under Section 15-95 of this Code.
23 (2) The property is situated in a municipality with
24 1,000,000 or more inhabitants and improved with either a
25 multifamily dwelling or a multi-building development that
26 is subject to a leasing agreement, regulatory and
27 operating agreement, or other similar instrument with a
28 Housing Authority created under the Housing Authorities
29 Act that sets forth the terms for leasing low-rent
30 housing.
31 (3) For a period of not less than 20 years, the
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1 property and improvements are used solely for low-rent
2 housing and related uses.
3 Property and portions of property used or intended to be used
4 for commercial purposes are not eligible for the abatement
5 provided in this Section.
6 A housing authority created under the Housing Authorities
7 Act shall file annually with the county clerk for any
8 property eligible for an abatement under this Section, on a
9 form prescribed by the county clerk, a certificate of the
10 property's use during the immediately preceding year. The
11 certificate shall certify that the property or a portion of
12 the property meets the requirements of this Section and that
13 the eligible residential units have been inspected within the
14 previous 90 days and meet or exceed all housing quality
15 standards of the authority. If only a portion of the
16 property meets these requirements, the certificate shall
17 state the amount of that portion as a percentage of the total
18 equalized and assessed value of the property. If the
19 property is improved with an eligible multifamily dwelling or
20 multi-building development containing residential units that
21 are individually assessed, no more than 40% of those
22 residential units may be certified. If the property is
23 improved with an eligible multifamily dwelling or
24 multi-building development containing residential units that
25 are not individually assessed, the portion of the property
26 certified shall represent no more than 40% of those
27 residential units.
28 The county clerk shall abate the taxes only if a
29 certificate of use has been timely filed for that year. If
30 only a portion of the property has been certified as
31 eligible, the county clerk shall abate the taxes in the
32 percentage so certified.
33 Whenever property receives an abatement under this
34 Section, the rental rate set under the lease, regulatory and
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1 operating agreement, or other similar instrument for that
2 property shall not include property taxes.
3 No property shall be eligible for abatement under this
4 Section if the owner of the property has any outstanding and
5 overdue debts to the municipality in which the property is
6 situated.
7 (Source: P.A. 92-621, eff. 7-11-02; revised 11-6-02.)
8 (35 ILCS 200/18-101.47 rep.)
9 Section 22.1. The Property Tax Code is amended by
10 repealing Section 18-101.47 as added by Public Acts 92-855
11 and 92-884.
12 Section 22.5. The Simplified Municipal
13 Telecommunications Tax Act is amended by changing Section
14 5-50 as follows:
15 (35 ILCS 636/5-50)
16 Sec. 5-50. Returns to the Department.
17 (a) Commencing on February 1, 2003, for the tax imposed
18 under subsection (a) of Section 5-20 of this Act, every
19 retailer maintaining a place of business in this State shall,
20 on or before the last day of each month make a return to the
21 Department for the preceding calendar month, stating:
22 (1) Its name;
23 (2) The address of its principal place of business
24 or the address of the principal place of business (if
25 that is a different address) from which it engages in the
26 business of transmitting telecommunications;
27 (3) Total amount of gross charges billed by it
28 during the preceding calendar month for providing
29 telecommunications during the calendar month;
30 (4) Total amount received by it during the
31 preceding calendar month on credit extended;
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1 (5) Deductions allowed by law;
2 (6) Gross charges that were billed by it during the
3 preceding calendar month and upon the basis of which the
4 tax is imposed;
5 (7) Amount of tax (computed upon Item 6);
6 (8) The municipalities to which the Department
7 shall remit the taxes and the amount of such remittances;
8 (9) Such other reasonable information as the
9 Department may require.
10 (b) Any retailer required to make payments under this
11 Section may make the payments by electronic funds transfer.
12 The Department shall adopt rules necessary to effectuate a
13 program of electronic funds transfer. Any retailer who has
14 average monthly tax billings due to the Department under this
15 Act and the Telecommunications Excise Tax Act that exceed
16 $1,000 shall make all payments by electronic funds transfer
17 as required by rules of the Department.
18 (c) If the retailer's average monthly tax billings due
19 to the Department under this Act and the Telecommunications
20 Excise Tax Act do not exceed $1,000, the Department may
21 authorize such retailer's returns to be filed on a
22 quarter-annual basis, with the return for January, February,
23 and March of a given year being due by April 30th of that
24 year; with the return for April, May, and June of a given
25 year being due by July 31st of that year; with the return for
26 July, August, and September of a given year being due by
27 October 31st of that year; and with the return for October,
28 November, and December of a given year being due by January
29 31st of the following year.
30 (d) If the retailer is otherwise required to file a
31 monthly or quarterly return and if the retailer's average
32 monthly tax billings due to the Department under this Act and
33 the Telecommunications Excise Tax Act do not exceed $400, the
34 Department may authorize such retailer's return to be filed
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1 on an annual basis, with the return for a given year being
2 due by January 31st of the following year.
3 (e) Each retailer whose average monthly remittance to
4 the Department under this Act and the Telecommunications
5 Excise Tax Act was $25,000 or more during the preceding
6 calendar year, excluding the month of highest remittance and
7 the month of lowest remittance in such calendar year, and who
8 is not operated by a unit of local government, shall make
9 estimated payments to the Department on or before the 7th,
10 15th, 22nd, and last day of the month during which the tax
11 remittance is owed to the Department in an amount not less
12 than the lower of either 22.5% of the retailer's actual tax
13 collections for the month or 25% of the retailer's actual tax
14 collections for the same calendar month of the preceding
15 year. The amount of such quarter-monthly payments shall be
16 credited against the final remittance of the retailer's
17 return for that month. Any outstanding credit, approved by
18 the Department, arising from the retailer's overpayment of
19 its final remittance for any month may be applied to reduce
20 the amount of any subsequent quarter-monthly payment or
21 credited against the final remittance of the retailer's
22 return for any subsequent month. If any quarter-monthly
23 payment is not paid at the time or in the amount required by
24 this Section, the retailer shall be liable for penalty and
25 interest on the difference between the minimum amount due as
26 a payment and the amount of such payment actually and timely
27 paid, except insofar as the retailer has previously made
28 payments for that month to the Department or received credits
29 in excess of the minimum payments previously due.
30 (f) Notwithstanding any other provision of this Section
31 containing the time within which a retailer may file his or
32 her return, in the case of any retailer who ceases to engage
33 in a kind of business that makes him or her responsible for
34 filing returns under this Section, the retailer shall file a
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1 final return under this Section with the Department not more
2 than one month after discontinuing such business.
3 (g) In making such return, the retailer shall determine
4 the value of any consideration other than money received by
5 it and such retailer shall include the value in its return.
6 Such determination shall be subject to review and revision by
7 the Department in the manner hereinafter provided for the
8 correction of returns.
9 (h) Any retailer who has average monthly tax billings
10 due to the Department under this Act and the
11 Telecommunications Excise Tax Act that exceed $1,000 shall
12 file the return required by this Section by electronic means
13 as required by rules of the Department.
14 (i) The retailer filing the return herein provided for
15 shall, at the time of filing the return, pay to the
16 Department the amounts due pursuant to this Act. The
17 Department shall immediately pay over to the State Treasurer,
18 ex officio, as trustee, 99.5% of all taxes, penalties, and
19 interest collected hereunder for deposit into the Municipal
20 Telecommunications Fund, which is hereby created. The
21 remaining 0.5% received by the Department pursuant to this
22 Act shall be deposited into the Tax Compliance and
23 Administration Fund and shall be used by the Department,
24 subject to appropriation, to cover the costs of the
25 Department.
26 On or before the 25th day of each calendar month, the
27 Department shall prepare and certify to the Comptroller the
28 disbursement of stated sums of money to be paid to named
29 municipalities from the Municipal Telecommunications Fund for
30 amounts collected during the second preceding calendar month.
31 The named municipalities shall be those municipalities
32 identified by a retailer in such retailer's return as having
33 imposed the tax authorized by the Act. The amount of money
34 to be paid to each municipality shall be the amount (not
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1 including credit memoranda) collected hereunder during the
2 second preceding calendar month by the Department, plus an
3 amount the Department determines is necessary to offset any
4 amounts that were erroneously erronenously paid to a
5 different taxing body, and not including an amount equal to
6 the amount of refunds made during the second preceding
7 calendar month by the Department on behalf of such
8 municipality, and not including any amount that the
9 Department determines is necessary to offset any amount that
10 were payable to a different taxing body but were erroneously
11 paid to the municipality. Within 10 days after receipt by
12 the Comptroller of the disbursement certification from the
13 Department, the Comptroller shall cause the orders to be
14 drawn for the respective amounts in accordance with the
15 directions contained in the certification. When certifying
16 to the Comptroller the amount of a monthly disbursement to a
17 municipality under this Section, the Department shall
18 increase or decrease the amount by an amount necessary to
19 offset any misallocation of previous disbursements. The
20 offset amount shall be the amount erroneously disbursed
21 within the previous 6 months from the time a misallocation is
22 discovered.
23 (j) For municipalities with populations of less than
24 500,000, whenever the Department determines that a refund
25 shall be made under this Section to a claimant instead of
26 issuing a credit memorandum, the Department shall notify the
27 State Comptroller, who shall cause the order to be drawn for
28 the amount specified and to the person named in the
29 notification from the Department. The refund shall be paid
30 by the State Treasurer out of the Municipal
31 Telecommunications Fund.
32 (Source: P.A. 92-526, eff. 7-1-02; revised 2-17-03.)
33 Section 23. The Illinois Pension Code is amended by
-140- LRB093 05878 EFG 05971 b
1 changing Sections 8-137, 8-138, 11-134, and 11-134.1 and the
2 Article 9 and 13 headings as follows:
3 (40 ILCS 5/8-137) (from Ch. 108 1/2, par. 8-137)
4 Sec. 8-137. Automatic increase in annuity.
5 (a) An employee who retired or retires from service
6 after December 31, 1959 and before January 1, 1987, having
7 attained age 60 or more, shall, in January of the year after
8 the year in which the first anniversary of retirement occurs,
9 have the amount of his then fixed and payable monthly annuity
10 increased by 1 1/2%, and such first fixed annuity as granted
11 at retirement increased by a further 1 1/2% in January of
12 each year thereafter. Beginning with January of the year
13 1972, such increases shall be at the rate of 2% in lieu of
14 the aforesaid specified 1 1/2%, and beginning with January of
15 the year 1984 such increases shall be at the rate of 3%.
16 Beginning in January of 1999, such increases shall be at the
17 rate of 3% of the currently payable monthly annuity,
18 including any increases previously granted under this
19 Article. An employee who retires on annuity after December
20 31, 1959 and before January 1, 1987, but before age 60, shall
21 receive such increases beginning in January of the year after
22 the year in which he attains age 60.
23 An employee who retires from service on or after January
24 1, 1987 shall, upon the first annuity payment date following
25 the first anniversary of the date of retirement, or upon the
26 first annuity payment date following attainment of age 60,
27 whichever occurs later, have his then fixed and payable
28 monthly annuity increased by 3%, and such annuity shall be
29 increased by an additional 3% of the original fixed annuity
30 on the same date each year thereafter. Beginning in January
31 of 1999, such increases shall be at the rate of 3% of the
32 currently payable monthly annuity, including any increases
33 previously granted under this Article.
-141- LRB093 05878 EFG 05971 b
1 (a-5) Notwithstanding the provisions of subsection (a),
2 upon the first annuity payment date following (1) the third
3 anniversary of retirement, (2) the attainment of age 53, or
4 (3) January 1, 2002, the date 60 days after the effective
5 date of this amendatory Act of the 92nd General Assembly,
6 whichever occurs latest, the monthly annuity of an employee
7 who retires on annuity prior to the attainment of age 60 and
8 who has not received an increase under subsection (a) shall
9 be increased by 3%, and the such annuity shall be increased
10 by an additional 3% of the current payable monthly annuity,
11 including any such increases previously granted under this
12 Article, on the same date each year thereafter. The
13 increases provided under this subsection are in lieu of the
14 increases provided in subsection (a).
15 (b) Subsections (a) and (a-5) are not applicable to an
16 employee retiring and receiving a term annuity, as herein
17 defined, nor to any otherwise qualified employee who retires
18 before he makes employee contributions (at the 1/2 of 1% rate
19 as provided in this Act) for this additional annuity for not
20 less than the equivalent of one full year. Such employee,
21 however, shall make arrangement to pay to the fund a balance
22 of such 1/2 of 1% contributions, based on his final salary,
23 as will bring such 1/2 of 1% contributions, computed without
24 interest, to the equivalent of or completion of one year's
25 contributions.
26 Beginning with January, 1960, each employee shall
27 contribute by means of salary deductions 1/2 of 1% of each
28 salary payment, concurrently with and in addition to the
29 employee contributions otherwise made for annuity purposes.
30 Each such additional contribution shall be credited to an
31 account in the prior service annuity reserve, to be used,
32 together with city contributions, to defray the cost of the
33 specified annuity increments. Any balance in such account at
34 the beginning of each calendar year shall be credited with
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1 interest at the rate of 3% per annum.
2 Such additional employee contributions are not
3 refundable, except to an employee who withdraws and applies
4 for refund under this Article, and in cases where a term
5 annuity becomes payable. In such cases his contributions
6 shall be refunded, without interest, and charged to such
7 account in the prior service annuity reserve.
8 (Source: P.A. 92-599, eff. 6-28-02; 92-609, eff. 7-1-02;
9 revised 8-26-02.)
10 (40 ILCS 5/8-138) (from Ch. 108 1/2, par. 8-138)
11 Sec. 8-138. Minimum annuities - Additional provisions.
12 (a) An employee who withdraws after age 65 or more with
13 at least 20 years of service, for whom the amount of age and
14 service and prior service annuity combined is less than the
15 amount stated in this Section, shall from the date of
16 withdrawal, instead of all annuities otherwise provided, be
17 entitled to receive an annuity for life of $150 a year, plus
18 1 1/2% for each year of service, to and including 20 years,
19 and 1 2/3% for each year of service over 20 years, of his
20 highest average annual salary for any 4 consecutive years
21 within the last 10 years of service immediately preceding the
22 date of withdrawal.
23 An employee who withdraws after 20 or more years of
24 service, before age 65, shall be entitled to such annuity, to
25 begin not earlier than upon attained age of 55 years if under
26 such age at withdrawal, reduced by 2% for each full year or
27 fractional part thereof that his attained age is less than
28 65, plus an additional 2% reduction for each full year or
29 fractional part thereof that his attained age when annuity is
30 to begin is less than 60 so that the total reduction at age
31 55 shall be 30%.
32 (b) An employee who withdraws after July 1, 1957, at age
33 60 or over, with 20 or more years of service, for whom the
-143- LRB093 05878 EFG 05971 b
1 age and service and prior service annuity combined, is less
2 than the amount stated in this paragraph, shall, from the
3 date of withdrawal, instead of such annuities, be entitled to
4 receive an annuity for life equal to 1 2/3% for each year of
5 service, of the highest average annual salary for any 5
6 consecutive years within the last 10 years of service
7 immediately preceding the date of withdrawal; provided, that
8 in the case of any employee who withdraws on or after July 1,
9 1971, such employee age 60 or over with 20 or more years of
10 service, shall receive an annuity for life equal to 1.67% for
11 each of the first 10 years of service; 1.90% for each of the
12 next 10 years of service; 2.10% for each year of service in
13 excess of 20 but not exceeding 30; and 2.30% for each year of
14 service in excess of 30, based on the highest average annual
15 salary for any 4 consecutive years within the last 10 years
16 of service immediately preceding the date of withdrawal.
17 An employee who withdraws after July 1, 1957 and before
18 January 1, 1988, with 20 or more years of service, before age
19 60 years is entitled to annuity, to begin not earlier than
20 upon attained age of 55 years, if under such age at
21 withdrawal, as computed in the last preceding paragraph,
22 reduced 0.25% for each full month or fractional part thereof
23 that his attained age when annuity is to begin is less than
24 60 if the employee was born before January 1, 1936, or 0.5%
25 for each such month if the employee was born on or after
26 January 1, 1936.
27 Any employee born before January 1, 1936, who withdraws
28 with 20 or more years of service, and any employee with 20 or
29 more years of service who withdraws on or after January 1,
30 1988, may elect to receive, in lieu of any other employee
31 annuity provided in this Section, an annuity for life equal
32 to 1.80% for each of the first 10 years of service, 2.00% for
33 each of the next 10 years of service, 2.20% for each year of
34 service in excess of 20 but not exceeding 30, and 2.40% for
-144- LRB093 05878 EFG 05971 b
1 each year of service in excess of 30, of the highest average
2 annual salary for any 4 consecutive years within the last 10
3 years of service immediately preceding the date of
4 withdrawal, to begin not earlier than upon attained age of 55
5 years, if under such age at withdrawal, reduced 0.25% for
6 each full month or fractional part thereof that his attained
7 age when annuity is to begin is less than 60; except that an
8 employee retiring on or after January 1, 1988, at age 55 or
9 over but less than age 60, having at least 35 years of
10 service, or an employee retiring on or after July 1, 1990, at
11 age 55 or over but less than age 60, having at least 30 years
12 of service, or an employee retiring on or after the effective
13 date of this amendatory Act of 1997, at age 55 or over but
14 less than age 60, having at least 25 years of service, shall
15 not be subject to the reduction in retirement annuity because
16 of retirement below age 60.
17 However, in the case of an employee who retired on or
18 after January 1, 1985 but before January 1, 1988, at age 55
19 or older and with at least 35 years of service, and who was
20 subject under this subsection (b) to the reduction in
21 retirement annuity because of retirement below age 60, that
22 reduction shall cease to be effective January 1, 1991, and
23 the retirement annuity shall be recalculated accordingly.
24 Any employee who withdraws on or after July 1, 1990, with
25 20 or more years of service, may elect to receive, in lieu of
26 any other employee annuity provided in this Section, an
27 annuity for life equal to 2.20% for each year of service if
28 withdrawal is before January 1, 2002, 60 days after the
29 effective date of this amendatory Act of the 92nd General
30 Assembly, or 2.40% for each year of service if withdrawal is
31 on or after January 1, 2002, 60 days after the effective date
32 of this amendatory Act of the 92nd General Assembly or later,
33 of the highest average annual salary for any 4 consecutive
34 years within the last 10 years of service immediately
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1 preceding the date of withdrawal, to begin not earlier than
2 upon attained age of 55 years, if under such age at
3 withdrawal, reduced 0.25% for each full month or fractional
4 part thereof that his attained age when annuity is to begin
5 is less than 60; except that an employee retiring at age 55
6 or over but less than age 60, having at least 30 years of
7 service, shall not be subject to the reduction in retirement
8 annuity because of retirement below age 60.
9 Any employee who withdraws on or after the effective date
10 of this amendatory Act of 1997 with 20 or more years of
11 service may elect to receive, in lieu of any other employee
12 annuity provided in this Section, an annuity for life equal
13 to 2.20% for each year of service, if withdrawal is before
14 January 1, 2002, 60 days after the effective date of this
15 amendatory Act of the 92nd General Assembly, or 2.40% for
16 each year of service if withdrawal is on or after January 1,
17 2002, 60 days after the effective date of this amendatory Act
18 of the 92nd General Assembly or later, of the highest average
19 annual salary for any 4 consecutive years within the last 10
20 years of service immediately preceding the date of
21 withdrawal, to begin not earlier than upon attainment of age
22 55 (age 50 if the employee has at least 30 years of service),
23 reduced 0.25% for each full month or remaining fractional
24 part thereof that the employee's attained age when annuity is
25 to begin is less than 60; except that an employee retiring at
26 age 50 or over with at least 30 years of service or at age 55
27 or over with at least 25 years of service shall not be
28 subject to the reduction in retirement annuity because of
29 retirement below age 60.
30 The maximum annuity payable under part (a) and (b) of
31 this Section shall not exceed 70% of highest average annual
32 salary in the case of an employee who withdraws prior to July
33 1, 1971, 75% if withdrawal takes place on or after July 1,
34 1971 and prior to January 1, 2002, 60 days after the
-146- LRB093 05878 EFG 05971 b
1 effective date of this amendatory Act of the 92nd General
2 Assembly, or 80% if withdrawal takes place on or after
3 January 1, 2002 is 60 days after the effective date of this
4 amendatory Act of the 92nd General Assembly or later. For
5 the purpose of the minimum annuity provided in this Section
6 $1,500 is considered the minimum annual salary for any year;
7 and the maximum annual salary for the computation of such
8 annuity is $4,800 for any year before 1953, $6000 for the
9 years 1953 to 1956, inclusive, and the actual annual salary,
10 as salary is defined in this Article, for any year
11 thereafter.
12 To preserve rights existing on December 31, 1959, for
13 participants and contributors on that date to the fund
14 created by the Court and Law Department Employees' Annuity
15 Act, who became participants in the fund provided for on
16 January 1, 1960, the maximum annual salary to be considered
17 for such persons for the years 1955 and 1956 is $7,500.
18 (c) For an employee receiving disability benefit, his
19 salary for annuity purposes under paragraphs (a) and (b) of
20 this Section, for all periods of disability benefit
21 subsequent to the year 1956, is the amount on which his
22 disability benefit was based.
23 (d) An employee with 20 or more years of service, whose
24 entire disability benefit credit period expires before
25 attainment of age 55 while still disabled for service, is
26 entitled upon withdrawal to the larger of (1) the minimum
27 annuity provided above, assuming he is then age 55, and
28 reducing such annuity to its actuarial equivalent as of his
29 attained age on such date or (2) the annuity provided from
30 his age and service and prior service annuity credits.
31 (e) The minimum annuity provisions do not apply to any
32 former municipal employee receiving an annuity from the fund
33 who re-enters service as a municipal employee, unless he
34 renders at least 3 years of additional service after the date
-147- LRB093 05878 EFG 05971 b
1 of re-entry.
2 (f) An employee in service on July 1, 1947, or who
3 became a contributor after July 1, 1947 and before attainment
4 of age 70, who withdraws after age 65, with less than 20
5 years of service for whom the annuity has been fixed under
6 this Article shall, instead of the annuity so fixed, receive
7 an annuity as follows:
8 Such amount as he could have received had the accumulated
9 amounts for annuity been improved with interest at the
10 effective rate to the date of his withdrawal, or to
11 attainment of age 70, whichever is earlier, and had the city
12 contributed to such earlier date for age and service annuity
13 the amount that it would have contributed had he been under
14 age 65, after the date his annuity was fixed in accordance
15 with this Article, and assuming his annuity were computed
16 from such accumulations as of his age on such earlier date.
17 The annuity so computed shall not exceed the annuity which
18 would be payable under the other provisions of this Section
19 if the employee was credited with 20 years of service and
20 would qualify for annuity thereunder.
21 (g) Instead of the annuity provided in this Article, an
22 employee having attained age 65 with at least 15 years of
23 service who withdraws from service on or after July 1, 1971
24 and whose annuity computed under other provisions of this
25 Article is less than the amount provided under this
26 paragraph, is entitled to a minimum annuity for life equal to
27 1% of the highest average annual salary, as salary is defined
28 and limited in this Section for any 4 consecutive years
29 within the last 10 years of service for each year of service,
30 plus the sum of $25 for each year of service. The annuity
31 shall not exceed 60% of such highest average annual salary.
32 (g-1) Instead of any other retirement annuity provided
33 in this Article, an employee who has at least 10 years of
34 service and withdraws from service on or after January 1,
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1 1999 may elect to receive a retirement annuity for life,
2 beginning no earlier than upon attainment of age 60, equal to
3 2.2% if withdrawal is before January 1, 2002, 60 days after
4 the effective date of this amendatory Act of the 92nd General
5 Assembly or 2.4% if withdrawal is on or after January 1,
6 2002, 60 days after the effective date of this amendatory Act
7 of the 92nd General Assembly or later, of final average
8 salary for each year of service, subject to a maximum of 75%
9 of final average salary if withdrawal is before January 1,
10 2002, or 80% if withdrawal is on or after January 1, 2002.
11 For the purpose of calculating this annuity, "final average
12 salary" means the highest average annual salary for any 4
13 consecutive years in the last 10 years of service.
14 (h) The minimum annuities provided under this Section
15 shall be paid in equal monthly installments.
16 (i) The amendatory provisions of part (b) and (g) of
17 this Section shall be effective July 1, 1971 and apply in the
18 case of every qualifying employee withdrawing on or after
19 July 1, 1971.
20 (j) The amendatory provisions of this amendatory Act of
21 1985 (P.A. 84-23) relating to the discount of annuity because
22 of retirement prior to attainment of age 60, and to the
23 retirement formula, for those born before January 1, 1936,
24 shall apply only to qualifying employees withdrawing on or
25 after July 18, 1985.
26 (j-1) The changes made to this Section by Public Act
27 92-609 this amendatory Act of the 92nd General Assembly
28 (increasing the retirement formula to 2.4% per year of
29 service and increasing the maximum to 80%) apply to persons
30 who withdraw from service on or after January 1, 2002,
31 regardless of whether that withdrawal takes place before the
32 effective date of that this amendatory Act. In the case of a
33 person who withdraws from service on or after January 1, 2002
34 but begins to receive a retirement annuity before July 1,
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1 2002 the effective date of this amendatory Act, the annuity
2 shall be recalculated, with the increase resulting from
3 Public this amendatory Act 92-609 accruing from the date the
4 retirement annuity began. The changes made by Public Act
5 92-609 control over the changes made by Public Act 92-599, as
6 provided in Section 95 of P.A. 92-609.
7 (k) Beginning on January 1, 1999, the minimum amount of
8 employee's annuity shall be $850 per month for life for the
9 following classes of employees, without regard to the fact
10 that withdrawal occurred prior to the effective date of this
11 amendatory Act of 1998:
12 (1) any employee annuitant alive and receiving a
13 life annuity on the effective date of this amendatory Act
14 of 1998, except a reciprocal annuity;
15 (2) any employee annuitant alive and receiving a
16 term annuity on the effective date of this amendatory Act
17 of 1998, except a reciprocal annuity;
18 (3) any employee annuitant alive and receiving a
19 reciprocal annuity on the effective date of this
20 amendatory Act of 1998, whose service in this fund is at
21 least 5 years;
22 (4) any employee annuitant withdrawing after age 60
23 on or after the effective date of this amendatory Act of
24 1998, with at least 10 years of service in this fund.
25 The increases granted under items (1), (2) and (3) of
26 this subsection (k) shall not be limited by any other Section
27 of this Act.
28 (Source: P.A. 92-599, eff. 6-28-02; 92-609, eff. 7-1-02;
29 revised 9-11-02.)
30 (40 ILCS 5/Art. 9 heading)
31 ARTICLE 9. COUNTY EMPLOYEES' AND OFFICERS'
32 ANNUITY AND BENEFIT FUND - COUNTIES OVER
33 3,000,000 500,000 INHABITANTS
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1 (40 ILCS 5/11-134) (from Ch. 108 1/2, par. 11-134)
2 Sec. 11-134. Minimum annuities.
3 (a) An employee whose withdrawal occurs after July 1,
4 1957 at age 60 or over, with 20 or more years of service, (as
5 service is defined or computed in Section 11-216), for whom
6 the age and service and prior service annuity combined is
7 less than the amount stated in this Section, shall, from and
8 after the date of withdrawal, in lieu of all annuities
9 otherwise provided in this Article, be entitled to receive an
10 annuity for life of an amount equal to 1 2/3% for each year
11 of service, of the highest average annual salary for any 5
12 consecutive years within the last 10 years of service
13 immediately preceding the date of withdrawal; provided, that
14 in the case of any employee who withdraws on or after July 1,
15 1971, such employee age 60 or over with 20 or more years of
16 service, shall be entitled to instead receive an annuity for
17 life equal to 1.67% for each of the first 10 years of
18 service; 1.90% for each of the next 10 years of service;
19 2.10% for each year of service in excess of 20 but not
20 exceeding 30; and 2.30% for each year of service in excess of
21 30, based on the highest average annual salary for any 4
22 consecutive years within the last 10 years of service
23 immediately preceding the date of withdrawal.
24 An employee who withdraws after July 1, 1957 and before
25 January 1, 1988, with 20 or more years of service, before age
26 60, shall be entitled to an annuity, to begin not earlier
27 than age 55, if under such age at withdrawal, as computed in
28 the last preceding paragraph, reduced 0.25% if the employee
29 was born before January 1, 1936, or 0.5% if the employee was
30 born on or after January 1, 1936, for each full month or
31 fractional part thereof that his attained age when such
32 annuity is to begin is less than 60.
33 Any employee born before January 1, 1936 who withdraws
34 with 20 or more years of service, and any employee with 20 or
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1 more years of service who withdraws on or after January 1,
2 1988, may elect to receive, in lieu of any other employee
3 annuity provided in this Section, an annuity for life equal
4 to 1.80% for each of the first 10 years of service, 2.00% for
5 each of the next 10 years of service, 2.20% for each year of
6 service in excess of 20, but not exceeding 30, and 2.40% for
7 each year of service in excess of 30, of the highest average
8 annual salary for any 4 consecutive years within the last 10
9 years of service immediately preceding the date of
10 withdrawal, to begin not earlier than upon attained age of 55
11 years, if under such age at withdrawal, reduced 0.25% for
12 each full month or fractional part thereof that his attained
13 age when annuity is to begin is less than 60; except that an
14 employee retiring on or after January 1, 1988, at age 55 or
15 over but less than age 60, having at least 35 years of
16 service, or an employee retiring on or after July 1, 1990, at
17 age 55 or over but less than age 60, having at least 30 years
18 of service, or an employee retiring on or after the effective
19 date of this amendatory Act of 1997, at age 55 or over but
20 less than age 60, having at least 25 years of service, shall
21 not be subject to the reduction in retirement annuity because
22 of retirement below age 60.
23 However, in the case of an employee who retired on or
24 after January 1, 1985 but before January 1, 1988, at age 55
25 or older and with at least 35 years of service, and who was
26 subject under this subsection (a) to the reduction in
27 retirement annuity because of retirement below age 60, that
28 reduction shall cease to be effective January 1, 1991, and
29 the retirement annuity shall be recalculated accordingly.
30 Any employee who withdraws on or after July 1, 1990, with
31 20 or more years of service, may elect to receive, in lieu of
32 any other employee annuity provided in this Section, an
33 annuity for life equal to 2.20% for each year of service if
34 withdrawal is before January 1, 2002, 60 days after the
-152- LRB093 05878 EFG 05971 b
1 effective date of this amendatory Act of the 92nd General
2 Assembly, or 2.40% for each year of service if withdrawal is
3 on or after January 1, 2002, 60 days after the effective date
4 of this amendatory Act of the 92nd General Assembly or later,
5 of the highest average annual salary for any 4 consecutive
6 years within the last 10 years of service immediately
7 preceding the date of withdrawal, to begin not earlier than
8 upon attained age of 55 years, if under such age at
9 withdrawal, reduced 0.25% for each full month or fractional
10 part thereof that his attained age when annuity is to begin
11 is less than 60; except that an employee retiring at age 55
12 or over but less than age 60, having at least 30 years of
13 service, shall not be subject to the reduction in retirement
14 annuity because of retirement below age 60.
15 Any employee who withdraws on or after the effective date
16 of this amendatory Act of 1997 with 20 or more years of
17 service may elect to receive, in lieu of any other employee
18 annuity provided in this Section, an annuity for life equal
19 to 2.20% for each year of service if withdrawal is before
20 January 1, 2002, 60 days after the effective date of this
21 amendatory Act of the 92nd General Assembly, or 2.40% for
22 each year of service if withdrawal is on or after January 1,
23 2002, 60 days after the effective date of this amendatory Act
24 of the 92nd General Assembly or later, of the highest average
25 annual salary for any 4 consecutive years within the last 10
26 years of service immediately preceding the date of
27 withdrawal, to begin not earlier than upon attainment of age
28 55 (age 50 if the employee has at least 30 years of service),
29 reduced 0.25% for each full month or remaining fractional
30 part thereof that the employee's attained age when annuity is
31 to begin is less than 60; except that an employee retiring at
32 age 50 or over with at least 30 years of service or at age 55
33 or over with at least 25 years of service shall not be
34 subject to the reduction in retirement annuity because of
-153- LRB093 05878 EFG 05971 b
1 retirement below age 60.
2 The maximum annuity payable under this paragraph (a) of
3 this Section shall not exceed 70% of highest average annual
4 salary in the case of an employee who withdraws prior to July
5 1, 1971, 75% if withdrawal takes place on or after July 1,
6 1971 and prior to January 1, 2002, 60 days after the
7 effective date of this amendatory Act of the 92nd General
8 Assembly, or 80% if withdrawal is on or after January 1, 2002
9 60 days after the effective date of this amendatory Act of
10 the 92nd General Assembly or later. For the purpose of the
11 minimum annuity provided in said paragraphs $1,500 shall be
12 considered the minimum annual salary for any year; and the
13 maximum annual salary to be considered for the computation of
14 such annuity shall be $4,800 for any year prior to 1953,
15 $6,000 for the years 1953 to 1956, inclusive, and the actual
16 annual salary, as salary is defined in this Article, for any
17 year thereafter.
18 (b) For an employee receiving disability benefit, his
19 salary for annuity purposes under this Section shall, for all
20 periods of disability benefit subsequent to the year 1956, be
21 the amount on which his disability benefit was based.
22 (c) An employee with 20 or more years of service, whose
23 entire disability benefit credit period expires prior to
24 attainment of age 55 while still disabled for service, shall
25 be entitled upon withdrawal to the larger of (1) the minimum
26 annuity provided above assuming that he is then age 55, and
27 reducing such annuity to its actuarial equivalent at his
28 attained age on such date, or (2) the annuity provided from
29 his age and service and prior service annuity credits.
30 (d) The minimum annuity provisions as aforesaid shall
31 not apply to any former employee receiving an annuity from
32 the fund, and who re-enters service as an employee, unless he
33 renders at least 3 years of additional service after the date
34 of re-entry.
-154- LRB093 05878 EFG 05971 b
1 (e) An employee in service on July 1, 1947, or who
2 became a contributor after July 1, 1947 and prior to July 1,
3 1950, or who shall become a contributor to the fund after
4 July 1, 1950 prior to attainment of age 70, who withdraws
5 after age 65 with less than 20 years of service, for whom the
6 annuity has been fixed under the foregoing Sections of this
7 Article shall, in lieu of the annuity so fixed, receive an
8 annuity as follows:
9 Such amount as he could have received had the accumulated
10 amounts for annuity been improved with interest at the
11 effective rate to the date of his withdrawal, or to
12 attainment of age 70, whichever is earlier, and had the city
13 contributed to such earlier date for age and service annuity
14 the amount that would have been contributed had he been under
15 age 65, after the date his annuity was fixed in accordance
16 with this Article, and assuming his annuity were computed
17 from such accumulations as of his age on such earlier date.
18 The annuity so computed shall not exceed the annuity which
19 would be payable under the other provisions of this Section
20 if the employee was credited with 20 years of service and
21 would qualify for annuity thereunder.
22 (f) In lieu of the annuity provided in this or in any
23 other Section of this Article, an employee having attained
24 age 65 with at least 15 years of service who withdraws from
25 service on or after July 1, 1971 and whose annuity computed
26 under other provisions of this Article is less than the
27 amount provided under this paragraph shall be entitled to
28 receive a minimum annual annuity for life equal to 1% of the
29 highest average annual salary for any 4 consecutive years
30 within the last 10 years of service immediately preceding
31 retirement for each year of his service plus the sum of $25
32 for each year of service. Such annual annuity shall not
33 exceed the maximum percentages stated under paragraph (a) of
34 this Section of such highest average annual salary.
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1 (f-1) Instead of any other retirement annuity provided
2 in this Article, an employee who has at least 10 years of
3 service and withdraws from service on or after January 1,
4 1999 may elect to receive a retirement annuity for life,
5 beginning no earlier than upon attainment of age 60, equal to
6 2.2% if withdrawal is before January 1, 2002, 60 days after
7 the effective date of this amendatory Act of the 92nd General
8 Assembly or 2.4% for each year of service if withdrawal is on
9 or after January 1, 2002, 60 days after the effective date of
10 this amendatory Act of the 92nd General Assembly or later, of
11 final average salary for each year of service, subject to a
12 maximum of 75% of final average salary if withdrawal is
13 before January 1, 2002, 60 days after the effective date of
14 this amendatory Act of the 92nd General Assembly, or 80% if
15 withdrawal is on or after January 1, 2002 60 days after the
16 effective date of this amendatory Act of the 92nd General
17 Assembly or later. For the purpose of calculating this
18 annuity, "final average salary" means the highest average
19 annual salary for any 4 consecutive years in the last 10
20 years of service.
21 (g) Any annuity payable under the preceding subsections
22 of this Section 11-134 shall be paid in equal monthly
23 installments.
24 (h) The amendatory provisions of part (a) and (f) of
25 this Section shall be effective July 1, 1971 and apply in the
26 case of every qualifying employee withdrawing on or after
27 July 1, 1971.
28 (h-1) The changes made to this Section by Public Act
29 92-609 this amendatory Act of the 92nd General Assembly
30 (increasing the retirement formula to 2.4% per year of
31 service and increasing the maximum to 80%) apply to persons
32 who withdraw from service on or after January 1, 2002,
33 regardless of whether that withdrawal takes place before the
34 effective date of that this amendatory Act. In the case of a
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1 person who withdraws from service on or after January 1, 2002
2 but begins to receive a retirement annuity before July 1,
3 2002 the effective date of this amendatory Act, the annuity
4 shall be recalculated, with the increase resulting from
5 Public this amendatory Act 92-609 accruing from the date the
6 retirement annuity began. The changes made by Public Act
7 92-609 control over the changes made by Public Act 92-599, as
8 provided in Section 95 of P.A. 92-609.
9 (i) The amendatory provisions of this amendatory Act of
10 1985 relating to the discount of annuity because of
11 retirement prior to attainment of age 60 and increasing the
12 retirement formula for those born before January 1, 1936,
13 shall apply only to qualifying employees withdrawing on or
14 after August 16, 1985.
15 (j) Beginning on January 1, 1999, the minimum amount of
16 employee's annuity shall be $850 per month for life for the
17 following classes of employees, without regard to the fact
18 that withdrawal occurred prior to the effective date of this
19 amendatory Act of 1998:
20 (1) any employee annuitant alive and receiving a
21 life annuity on the effective date of this amendatory Act
22 of 1998, except a reciprocal annuity;
23 (2) any employee annuitant alive and receiving a
24 term annuity on the effective date of this amendatory Act
25 of 1998, except a reciprocal annuity;
26 (3) any employee annuitant alive and receiving a
27 reciprocal annuity on the effective date of this
28 amendatory Act of 1998, whose service in this fund is at
29 least 5 years;
30 (4) any employee annuitant withdrawing after age 60
31 on or after the effective date of this amendatory Act of
32 1998, with at least 10 years of service in this fund.
33 The increases granted under items (1), (2) and (3) of
34 this subsection (j) shall not be limited by any other Section
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1 of this Act.
2 (Source: P.A. 92-599, eff. 6-28-02; 92-609, eff. 7-1-02;
3 revised 9-11-02.)
4 (40 ILCS 5/11-134.1) (from Ch. 108 1/2, par. 11-134.1)
5 Sec. 11-134.1. Automatic increase in annuity.
6 (a) An employee who retired or retires from service
7 after December 31, 1963, and before January 1, 1987, having
8 attained age 60 or more, shall, in the month of January of
9 the year following the year in which the first anniversary of
10 retirement occurs, have the amount of his then fixed and
11 payable monthly annuity increased by 1 1/2%, and such first
12 fixed annuity as granted at retirement increased by a further
13 1 1/2% in January of each year thereafter. Beginning with
14 January of the year 1972, such increases shall be at the rate
15 of 2% in lieu of the aforesaid specified 1 1/2%. Beginning
16 January, 1984, such increases shall be at the rate of 3%.
17 Beginning in January of 1999, such increases shall be at the
18 rate of 3% of the currently payable monthly annuity,
19 including any increases previously granted under this
20 Article. An employee who retires on annuity after December
21 31, 1963 and before January 1, 1987, but prior to age 60,
22 shall receive such increases beginning with January of the
23 year immediately following the year in which he attains the
24 age of 60 years.
25 An employee who retires from service on or after January
26 1, 1987 shall, upon the first annuity payment date following
27 the first anniversary of the date of retirement, or upon the
28 first annuity payment date following attainment of age 60,
29 whichever occurs later, have his then fixed and payable
30 monthly annuity increased by 3%, and such annuity shall be
31 increased by an additional 3% of the original fixed annuity
32 on the same date each year thereafter. Beginning in January
33 of 1999, such increases shall be at the rate of 3% of the
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1 currently payable monthly annuity, including any increases
2 previously granted under this Article.
3 (a-5) Notwithstanding the provisions of subsection (a),
4 upon the first annuity payment date following (1) the third
5 anniversary of retirement, (2) the attainment of age 53, or
6 (3) January 1, 2002, the date 60 days after the effective
7 date of this amendatory Act of the 92nd General Assembly,
8 whichever occurs latest, the monthly annuity of an employee
9 who retires on annuity prior to the attainment of age 60 and
10 who has not received an increase under subsection (a) shall
11 be increased by 3%, and the such annuity shall be increased
12 by an additional 3% of the current payable monthly annuity,
13 including any such increases previously granted under this
14 Article, on the same date each year thereafter. The
15 increases provided under this subsection are in lieu of the
16 increases provided in subsection (a).
17 (b) Subsections (a) and (a-5) are not applicable to an
18 employee retiring and receiving a term annuity, as defined in
19 this Article, nor to any otherwise qualified employee who
20 retires before he shall have made employee contributions (at
21 the 1/2 of 1% rate as hereinafter provided) for the purposes
22 of this additional annuity for not less than the equivalent
23 of one full year. Such employee, however, shall make
24 arrangement to pay to the fund a balance of such 1/2 of 1%
25 contributions, based on his final salary, as will bring such
26 1/2 of 1% contributions, computed without interest, to the
27 equivalent of or completion of one year's contributions.
28 Beginning with the month of January, 1964, each employee
29 shall contribute by means of salary deductions 1/2 of 1% of
30 each salary payment, concurrently with and in addition to the
31 employee contributions otherwise made for annuity purposes.
32 Each such additional employee contribution shall be
33 credited to an account in the prior service annuity reserve,
34 to be used, together with city contributions, to defray the
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1 cost of the specified annuity increments. Any balance as of
2 the beginning of each calendar year existing in such account
3 shall be credited with interest at the rate of 3% per annum.
4 Such employee contributions shall not be subject to
5 refund, except to an employee who resigns or is discharged
6 and applies for refund under this Article, and also in cases
7 where a term annuity becomes payable.
8 In such cases the employee contributions shall be
9 refunded him, without interest, and charged to the
10 aforementioned account in the prior service annuity reserve.
11 (Source: P.A. 92-599, eff. 6-28-02; 92-609, eff. 7-1-02;
12 revised 8-26-02.)
13 (40 ILCS 5/Art. 13 heading)
14 ARTICLE 13. METROPOLITAN WATER RECLAMATION
15 DISTRICT RETIREMENT FUND SANITARY DISTRICT
16 EMPLOYEE'S AND TRUSTEES' ANNUITY AND BENEFIT FUND
17 Section 24. The Interstate Compact for Adult Offender
18 Supervision is amended by renumbering multiple versions of
19 Section 110 as follows:
20 (45 ILCS 170/110)
21 Sec. 110. (Amendatory provisions; text omitted.)
22 (Source: P.A. 92-571, eff. 6-26-02; text omitted.)
23 (45 ILCS 170/115)
24 Sec. 115. 110. The Unified Code of Corrections is amended
25 by repealing Section 3-3-11.
26 (Source: P.A. 92-571, eff. 6-26-02; revised 7-15-02.)
27 Section 25. The Emergency Telephone System Act is amended
28 by changing Section 15.3 as follows:
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1 (50 ILCS 750/15.3) (from Ch. 134, par. 45.3)
2 Sec. 15.3. Surcharge.
3 (a) The corporate authorities of any municipality or any
4 county may, subject to the limitations of subsections (c),
5 (d), and (h), and in addition to any tax levied pursuant to
6 the Simplified Municipal Telecommunications Tax Act, impose a
7 monthly surcharge on billed subscribers of network connection
8 provided by telecommunication carriers engaged in the
9 business of transmitting messages by means of electricity
10 originating within the corporate limits of the municipality
11 or county imposing the surcharge at a rate per network
12 connection determined in accordance with subsection (c).
13 Provided, however, that where multiple voice grade
14 communications channels are connected between the
15 subscriber's premises and a public switched network through
16 private branch exchange (PBX) or centrex type service, a
17 municipality imposing a surcharge at a rate per network
18 connection, as determined in accordance with this Act, shall
19 impose 5 such surcharges per network connection, as
20 determined in accordance with subsections (a) and (d) of
21 Section 2.12 of this Act. For mobile telecommunications
22 services, if a surcharge is imposed it shall be imposed based
23 upon the municipality or county that encompasses the
24 customer's place of primary use as defined in the Mobile
25 Telecommunications Sourcing Conformity Act. A municipality
26 may enter into an intergovernmental agreement with any county
27 in which it is partially located, when the county has adopted
28 an ordinance to impose a surcharge as provided in subsection
29 (c), to include that portion of the municipality lying
30 outside the county in that county's surcharge referendum. If
31 the county's surcharge referendum is approved, the portion of
32 the municipality identified in the intergovernmental
33 agreement shall automatically be disconnected from the county
34 in which it lies and connected to the county which approved
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1 the referendum for purposes of a surcharge on
2 telecommunications carriers.
3 (b) For purposes of computing the surcharge imposed by
4 subsection (a), the network connections to which the
5 surcharge shall apply shall be those in-service network
6 connections, other than those network connections assigned to
7 the municipality or county, where the service address for
8 each such network connection or connections is located within
9 the corporate limits of the municipality or county levying
10 the surcharge. Except for mobile telecommunication services,
11 the "service address" shall mean the location of the primary
12 use of the network connection or connections. For mobile
13 telecommunication services, "service address" means the
14 customer's place of primary use as defined in the Mobile
15 Telecommunications Sourcing Conformity Act. With respect to
16 network connections provided for use with pay telephone
17 services for which there is no billed subscriber, the
18 telecommunications carrier providing the network connection
19 shall be deemed to be its own billed subscriber for purposes
20 of applying the surcharge.
21 (c) Upon the passage of an ordinance to impose a
22 surcharge under this Section the clerk of the municipality or
23 county shall certify the question of whether the surcharge
24 may be imposed to the proper election authority who shall
25 submit the public question to the electors of the
26 municipality or county in accordance with the general
27 election law; provided that such question shall not be
28 submitted at a consolidated primary election. The public
29 question shall be in substantially the following form:
30 -------------------------------------------------------------
31 Shall the county (or city, village
32 or incorporated town) of ..... impose YES
33 a surcharge of up to ...¢ per month per
34 network connection, which surcharge will
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1 be added to the monthly bill you receive ------------------
2 for telephone or telecommunications
3 charges, for the purpose of installing
4 (or improving) a 9-1-1 Emergency NO
5 Telephone System?
6 -------------------------------------------------------------
7 If a majority of the votes cast upon the public question
8 are in favor thereof, the surcharge shall be imposed.
9 However, if a Joint Emergency Telephone System Board is
10 to be created pursuant to an intergovernmental agreement
11 under Section 15.4, the ordinance to impose the surcharge
12 shall be subject to the approval of a majority of the total
13 number of votes cast upon the public question by the electors
14 of all of the municipalities or counties, or combination
15 thereof, that are parties to the intergovernmental agreement.
16 The referendum requirement of this subsection (c) shall
17 not apply to any municipality with a population over 500,000
18 or to any county in which a proposition as to whether a
19 sophisticated 9-1-1 Emergency Telephone System should be
20 installed in the county, at a cost not to exceed a specified
21 monthly amount per network connection, has previously been
22 approved by a majority of the electors of the county voting
23 on the proposition at an election conducted before the
24 effective date of this amendatory Act of 1987.
25 (d) A county may not impose a surcharge, unless
26 requested by a municipality, in any incorporated area which
27 has previously approved a surcharge as provided in subsection
28 (c) or in any incorporated area where the corporate
29 authorities of the municipality have previously entered into
30 a binding contract or letter of intent with a
31 telecommunications carrier to provide sophisticated 9-1-1
32 service through municipal funds.
33 (e) A municipality or county may at any time by
34 ordinance change the rate of the surcharge imposed under this
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1 Section if the new rate does not exceed the rate specified in
2 the referendum held pursuant to subsection (c).
3 (f) The surcharge authorized by this Section shall be
4 collected from the subscriber by the telecommunications
5 carrier providing the subscriber the network connection as a
6 separately stated item on the subscriber's bill.
7 (g) The amount of surcharge collected by the
8 telecommunications carrier shall be paid to the particular
9 municipality or county or Joint Emergency Telephone System
10 Board not later than 30 days after the surcharge is
11 collected, net of any network or other 9-1-1 or sophisticated
12 9-1-1 system charges then due the particular
13 telecommunications carrier, as shown on an itemized bill.
14 The telecommunications carrier collecting the surcharge shall
15 also be entitled to deduct 3% of the gross amount of
16 surcharge collected to reimburse the telecommunications
17 carrier for the expense of accounting and collecting the
18 surcharge.
19 (h) Except as expressly provided in subsection (a) of
20 this Section, a municipality with a population over 500,000
21 may not impose a monthly surcharge in excess of $1.25 per
22 network connection.
23 (i) Any municipality or county or joint emergency
24 telephone system board that has imposed a surcharge pursuant
25 to this Section prior to the effective date of this
26 amendatory Act of 1990 shall hereafter impose the surcharge
27 in accordance with subsection (b) of this Section.
28 (j) The corporate authorities of any municipality or
29 county may issue, in accordance with Illinois law, bonds,
30 notes or other obligations secured in whole or in part by the
31 proceeds of the surcharge described in this Section.
32 Notwithstanding any change in law subsequent to the issuance
33 of any bonds, notes or other obligations secured by the
34 surcharge, every municipality or county issuing such bonds,
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1 notes or other obligations shall be authorized to impose the
2 surcharge as though the laws relating to the imposition of
3 the surcharge in effect at the time of issuance of the bonds,
4 notes or other obligations were in full force and effect
5 until the bonds, notes or other obligations are paid in full.
6 The State of Illinois pledges and agrees that it will not
7 limit or alter the rights and powers vested in municipalities
8 and counties by this Section to impose the surcharge so as to
9 impair the terms of or affect the security for bonds, notes
10 or other obligations secured in whole or in part with the
11 proceeds of the surcharge described in this Section.
12 (k) Any surcharge collected by or imposed on a
13 telecommunications carrier pursuant to this Section shall be
14 held to be a special fund in trust for the municipality,
15 county or Joint Emergency Telephone Board imposing the
16 surcharge. Except for the 3% deduction provided in
17 subsection (g) above, the special fund shall not be subject
18 to the claims of creditors of the telecommunication carrier.
19 (Source: P.A. 92-474, eff. 8-1-02; 92-526, eff. 1-1-03;
20 92-557, eff. 1-1-03; revised 10-2-02.)
21 Section 26. The Township Code is amended by changing
22 Section 235-20 and setting forth and renumbering multiple
23 versions of Section 85-50 as follows:
24 (60 ILCS 1/85-50)
25 Sec. 85-50. Demolition, repair, or enclosure of
26 buildings.
27 (a) The township board of any township may formally
28 request the county board to commence specified proceedings
29 with respect to property located within the township but
30 outside the territory of any municipality as provided in
31 Section 5-1121 of the Counties Code. If the county board
32 declines the request as provided in Section 5-1121 of the
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1 Counties Code, the township may exercise its powers under
2 this Section.
3 (b) The township board of each township may demolish,
4 repair, or enclose or cause the demolition, repair, or
5 enclosure of dangerous and unsafe buildings or uncompleted
6 and abandoned buildings within the territory of the township
7 and may remove or cause the removal of garbage, debris, and
8 other hazardous, noxious, or unhealthy substances or
9 materials from those buildings.
10 The township board shall apply to the circuit court of
11 the county in which the building is located (i) for an order
12 authorizing action to be taken with respect to a building if
13 the owner or owners of the building, including the lien
14 holders of record, after at least 15 days' written notice by
15 mail to do so, have failed to commence proceedings to put the
16 building in a safe condition or to demolish it or (ii) for an
17 order requiring the owner or owners of record to demolish,
18 repair, or enclose the building or to remove garbage, debris,
19 and other hazardous, noxious, or unhealthy substances or
20 materials from the building. It is not a defense to the
21 cause of action that the building is boarded up or otherwise
22 enclosed, although the court may order the defendant to have
23 the building boarded up or otherwise enclosed. Where, upon
24 diligent search, the identity or whereabouts of the owner or
25 owners of the building, including the lien holders of record,
26 is not ascertainable, notice mailed to the person or persons
27 in whose name the real estate was last assessed and the
28 posting of the notice upon the premises sought to be
29 demolished or repaired is sufficient notice under this
30 Section.
31 The hearing upon the application to the circuit court
32 shall be expedited by the court and shall be given precedence
33 over all other suits.
34 The cost of the demolition, repair, enclosure, or removal
-166- LRB093 05878 EFG 05971 b
1 incurred by the township, by an intervenor, or by a lien
2 holder of record, including court costs, attorney's fees, and
3 other costs related to the enforcement of this Section, is
4 recoverable from the owner or owners of the real estate or
5 the previous owner or both if the property was transferred
6 during the 15-day notice period and is a lien on the real
7 estate if, within 180 days after the repair, demolition,
8 enclosure, or removal, the township, the lien holder of
9 record, or the intervenor who incurred the cost and expense
10 shall file a notice of lien for the cost and expense incurred
11 in the office of the recorder in the county in which the real
12 estate is located or in the office of the registrar of titles
13 of the county if the real estate affected is registered under
14 the Registered Titles (Torrens) Act. The lien becomes
15 effective at the time of filing.
16 The notice must consist of a sworn statement setting out
17 (1) a description of the real estate sufficient for its
18 identification, (2) the amount of money representing the cost
19 and expense incurred, and (3) the date or dates when the cost
20 and expense was incurred by the township, the lien holder of
21 record, or the intervenor. Upon payment of the cost and
22 expense by the owner of or persons interested in the property
23 after the notice of lien has been filed, the lien shall be
24 released by the township, the person in whose name the lien
25 has been filed, or the assignee of the lien, and the release
26 may be filed of record as in the case of filing notice of
27 lien. Unless the lien is enforced under subsection (c), the
28 lien may be enforced by foreclosure proceedings as in the
29 case of mortgage foreclosures under Article XV of the Code of
30 Civil Procedure or mechanics' lien foreclosures. An action to
31 foreclose this lien may be commenced at any time after the
32 date of filing of the notice of lien. The costs of
33 foreclosure incurred by the township, including court costs,
34 reasonable attorney's fees, advances to preserve the
-167- LRB093 05878 EFG 05971 b
1 property, and other costs related to the enforcement of this
2 subsection, plus statutory interest, are a lien on the real
3 estate and are recoverable by the township from the owner or
4 owners of the real estate.
5 All liens arising under this subsection (b) shall be
6 assignable. The assignee of the lien shall have the same
7 power to enforce the lien as the assigning party, except that
8 the lien may not be enforced under subsection (c).
9 (c) In any case where a township has obtained a lien
10 under subsection (b), the township may enforce the lien under
11 this subsection (c) in the same proceeding in which the lien
12 is authorized.
13 A township desiring to enforce a lien under this
14 subsection (c) shall petition the court to retain
15 jurisdiction for foreclosure proceedings under this
16 subsection. Notice of the petition shall be served, by
17 certified or registered mail, on all persons who were served
18 notice under subsection (b). The court shall conduct a
19 hearing on the petition not less than 15 days after the
20 notice is served. If the court determines that the
21 requirements of this subsection (c) have been satisfied, it
22 shall grant the petition and retain jurisdiction over the
23 matter until the foreclosure proceeding is completed. The
24 costs of foreclosure incurred by the township, including
25 court costs, reasonable attorneys' fees, advances to preserve
26 the property, and other costs related to the enforcement of
27 this subsection, plus statutory interest, are a lien on the
28 real estate and are recoverable by the township from the
29 owner or owners of the real estate. If the court denies the
30 petition, the township may enforce the lien in a separate
31 action as provided in subsection (b).
32 All persons designated in Section 15-1501 of the Code of
33 Civil Procedure as necessary parties in a mortgage
34 foreclosure action shall be joined as parties before issuance
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1 of an order of foreclosure. Persons designated in Section
2 15-1501 of the Code of Civil Procedure as permissible parties
3 may also be joined as parties in the action.
4 The provisions of Article XV of the Code of Civil
5 Procedure applicable to mortgage foreclosures shall apply to
6 the foreclosure of a lien under this subsection (c), except
7 to the extent that those provisions are inconsistent with
8 this subsection. For purposes of foreclosures of liens
9 under this subsection, however, the redemption period
10 described in subsection (c) of Section 15-1603 of the Code of
11 Civil Procedure shall end 60 days after the date of entry of
12 the order of foreclosure.
13 (d) In addition to any other remedy provided by law, the
14 township board of any township may petition the circuit court
15 to have property declared abandoned under this subsection (d)
16 if:
17 (1) the property has been tax delinquent for 2 or
18 more years or bills for water service for the property
19 have been outstanding for 2 or more years;
20 (2) the property is unoccupied by persons legally
21 in possession; and
22 (3) the property contains a dangerous or unsafe
23 building.
24 All persons having an interest of record in the property,
25 including tax purchasers and beneficial owners of any
26 Illinois land trust having title to the property, shall be
27 named as defendants in the petition and shall be served with
28 process. In addition, service shall be had under Section
29 2-206 of the Code of Civil Procedure as in other cases
30 affecting property.
31 The township, however, may proceed under this subsection
32 in a proceeding brought under subsection (b). Notice of the
33 petition shall be served by certified or registered mail on
34 all persons who were served notice under subsection (b).
-169- LRB093 05878 EFG 05971 b
1 If the township proves that the conditions described in
2 this subsection exist and the owner of record of the property
3 does not enter an appearance in the action, or, if title to
4 the property is held by an Illinois land trust, if neither
5 the owner of record nor the owner of the beneficial interest
6 of the trust enters an appearance, the court shall declare
7 the property abandoned.
8 If that determination is made, notice shall be sent by
9 certified or registered mail to all persons having an
10 interest of record in the property, including tax purchasers
11 and beneficial owners of any Illinois land trust having title
12 to the property, stating that title to the property will be
13 transferred to the township unless, within 30 days of the
14 notice, the owner of record enters an appearance in the
15 action, or unless any other person having an interest in the
16 property files with the court a request to demolish the
17 dangerous or unsafe building or to put the building in safe
18 condition.
19 If the owner of record enters an appearance in the action
20 within the 30-day period, the court shall vacate its order
21 declaring the property abandoned. In that case, the township
22 may amend its complaint in order to initiate proceedings
23 under subsection (b).
24 If a request to demolish or repair the building is filed
25 within the 30-day period, the court shall grant permission to
26 the requesting party to demolish the building within 30 days
27 or to restore the building to safe condition within 60 days
28 after the request is granted. An extension of that period
29 for up to 60 additional days may be given for good cause. If
30 more than one person with an interest in the property files a
31 timely request, preference shall be given to the person with
32 the lien or other interest of the highest priority.
33 If the requesting party proves to the court that the
34 building has been demolished or put in a safe condition
-170- LRB093 05878 EFG 05971 b
1 within the period of time granted by the court, the court
2 shall issue a quitclaim judicial deed for the property to the
3 requesting party, conveying only the interest of the owner of
4 record, upon proof of payment to the township of all costs
5 incurred by the township in connection with the action,
6 including but not limited to court costs, attorney's fees,
7 administrative costs, the costs, if any, associated with
8 building enclosure or removal, and receiver's certificates.
9 The interest in the property so conveyed shall be subject to
10 all liens and encumbrances on the property. In addition, if
11 the interest is conveyed to a person holding a certificate of
12 purchase for the property under the Property Tax Code, the
13 conveyance shall be subject to the rights of redemption of
14 all persons entitled to redeem under that Act, including the
15 original owner of record.
16 If no person with an interest in the property files a
17 timely request or if the requesting party fails to demolish
18 the building or put the building in safe condition within the
19 time specified by the court, the township may petition the
20 court to issue a judicial deed for the property to the
21 county. A conveyance by judicial deed shall operate to
22 extinguish all existing ownership interests in, liens on, and
23 other interest in the property, including tax liens.
24 (e) This Section applies only to requests made by
25 townships under subsection (a) before January 1, 2006 and
26 proceedings to implement or enforce this Section with respect
27 to matters related to or arising from those requests.
28 (Source: P.A. 92-347, eff. 8-15-01.)
29 (60 ILCS 1/85-55)
30 Sec. 85-55 85-50. Horse-drawn vehicles. The township
31 board may, by ordinance, license and regulate horse-drawn
32 vehicles operating within the township. The ordinance may
33 also (i) prescribe regulations for the safe operation of
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1 horse-drawn vehicles and (ii) require the examination of
2 persons operating a horse-drawn vehicle. Any annual fee
3 charged for a license to operate a horse-drawn vehicle may
4 not exceed $50. Any fees charged for a license to operate a
5 horse-drawn vehicle within the township must be used for the
6 improvement of township roads.
7 For the purposes of this Section, "horse-drawn vehicle"
8 means any vehicle powered by any animal of the equine family.
9 (Source: P.A. 92-613, eff. 1-1-03; revised 8-26-02.)
10 (60 ILCS 1/235-20)
11 Sec. 235-20. General assistance tax.
12 (a) The township board may raise money by taxation
13 deemed necessary to be expended to provide general assistance
14 in the township to persons needing that assistance as
15 provided in the Illinois Public Aid Code, including persons
16 eligible for assistance under the Military Veterans
17 Assistance Act, where that duty is provided by law. The tax
18 for each fiscal year shall not be more than 0.10% of value,
19 or more than an amount approved at a referendum held under
20 this Section, as equalized or assessed by the Department of
21 Revenue, and shall in no case exceed the amount needed in the
22 township for general assistance. The board may decrease the
23 maximum tax rate by ordinance.
24 (b) Except as otherwise provided in this subsection, if
25 the board desires to increase the maximum tax rate, it shall
26 order a referendum on that proposition to be held at an
27 election in accordance with the general election law. The
28 board shall certify the proposition to the proper election
29 officials, who shall submit the proposition to the voters at
30 an election in accordance with the general election law. If
31 a majority of the votes cast on the proposition is in favor
32 of the proposition, the board may annually levy the tax at a
33 rate not exceeding the higher rate approved by the voters at
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1 the election. If, however, the board has decreased the
2 maximum tax rate under subsection (a), then it may, at any
3 time after the decrease, increase the maximum tax rate, by
4 ordinance, to a rate less than or equal to the maximum tax
5 rate immediately prior to the board's ordinance to decrease
6 the rate.
7 (c) If a city, village, or incorporated town having a
8 population of more than 500,000 is located within or
9 partially within a township, then the entire amount of the
10 tax levied by the township for the purpose of providing
11 general assistance under this Section on property lying
12 within that city, village, or incorporated town, less the
13 amount allowed for collecting the tax, shall be paid over by
14 the treasurer of the township to the treasurer of the city,
15 village, or incorporated town to be appropriated and used by
16 the city, village, or incorporated town for the relief and
17 support of persons needing general assistance residing in
18 that portion of the city, village, or incorporated town
19 located within the township in accordance with the Illinois
20 Public Aid Code.
21 (d) Any taxes levied for general assistance before or
22 after this Section takes effect may also be used for the
23 payment of warrants issued against and in anticipation of
24 those taxes and accrued interest on those warrants and may
25 also be used to pay the cost of administering that
26 assistance.
27 (e) In any township with a population of less than
28 500,000 that receives no State funding for the general
29 assistance program and that has not issued anticipation
30 warrants or otherwise borrowed monies for the administration
31 of the general assistance program during the township's
32 previous 3 fiscal years of operation, a one time transfer of
33 monies from the township's general assistance fund may be
34 made to the general township fund pursuant to action by the
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1 township board. This transfer may occur only to the extent
2 that the amount of monies remaining in the general assistance
3 fund after the transfer is equal to the greater of (i) the
4 amount of the township's expenditures in the previous fiscal
5 year for general assistance or (ii) an amount equal to either
6 0.10% of the last known total equalized value of all taxable
7 property in the township, or 100% of the highest amount
8 levied for general assistance purposes in any of the three
9 previous fiscal years. The transfer shall be completed no
10 later than one year after the effective date of this
11 amendatory Act of the 92nd General Assembly. No township
12 that has certified a new levy or an increase in the levy
13 under this Section during calendar year 2002 may transfer
14 monies under this subsection. No action on the transfer of
15 monies under this subsection shall be taken by the township
16 board except at a township board meeting. No monies
17 transferred under this subsection shall be considered in
18 determining whether the township qualifies for State funds to
19 supplement local funds for public aid purposes under Section
20 12-21.13 of the Illinois Public Aid Code.
21 (Source: P.A. 92-558, eff. 6-24-02; 92-718, eff. 7-25-02;
22 revised 9-9-02.)
23 Section 28. The Illinois Municipal Code is amended by
24 changing Sections 8-11-1.2 and 11-31-1 as follows:
25 (65 ILCS 5/8-11-1.2) (from Ch. 24, par. 8-11-1.2)
26 Sec. 8-11-1.2. Definition. As used in Sections
27 8-11-1.3, 8-11-1.4 and 8-11-1.5 of this Act:
28 (a) "Public infrastructure" means municipal roads and
29 streets, access roads, bridges, and sidewalks; waste disposal
30 systems; and water and sewer line extensions, water
31 distribution and purification facilities, storm water
32 drainage and retention facilities, and sewage treatment
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1 facilities. For purposes of referenda authorizing the
2 imposition of taxes by the City of DuQuoin under Sections
3 8-11-1.3, 8-11-1.4, and 8-11-1.5 of this Act that are
4 approved in November, 2002, "public infrastructure" shall
5 also include public schools.
6 (b) "Property tax relief" means the action of a
7 municipality to reduce the levy for real estate taxes or
8 avoid an increase in the levy for real estate taxes that
9 would otherwise have been required. Property tax relief or
10 the avoidance of property tax must uniformly apply to all
11 classes of property.
12 (Source: P.A. 91-51, eff. 6-30-99; 92-739, eff. 1-1-03;
13 92-815, eff. 8-21-02; revised 9-10-02.)
14 (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
15 Sec. 11-31-1. Demolition, repair, enclosure, or
16 remediation.
17 (a) The corporate authorities of each municipality may
18 demolish, repair, or enclose or cause the demolition, repair,
19 or enclosure of dangerous and unsafe buildings or uncompleted
20 and abandoned buildings within the territory of the
21 municipality and may remove or cause the removal of garbage,
22 debris, and other hazardous, noxious, or unhealthy substances
23 or materials from those buildings. In any county having
24 adopted by referendum or otherwise a county health department
25 as provided by Division 5-25 of the Counties Code or its
26 predecessor, the county board of that county may exercise
27 those powers with regard to dangerous and unsafe buildings or
28 uncompleted and abandoned buildings within the territory of
29 any city, village, or incorporated town having less than
30 50,000 population.
31 The corporate authorities shall apply to the circuit
32 court of the county in which the building is located (i) for
33 an order authorizing action to be taken with respect to a
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1 building if the owner or owners of the building, including
2 the lien holders of record, after at least 15 days' written
3 notice by mail so to do, have failed to put the building in a
4 safe condition or to demolish it or (ii) for an order
5 requiring the owner or owners of record to demolish, repair,
6 or enclose the building or to remove garbage, debris, and
7 other hazardous, noxious, or unhealthy substances or
8 materials from the building. It is not a defense to the
9 cause of action that the building is boarded up or otherwise
10 enclosed, although the court may order the defendant to have
11 the building boarded up or otherwise enclosed. Where, upon
12 diligent search, the identity or whereabouts of the owner or
13 owners of the building, including the lien holders of record,
14 is not ascertainable, notice mailed to the person or persons
15 in whose name the real estate was last assessed is sufficient
16 notice under this Section.
17 The hearing upon the application to the circuit court
18 shall be expedited by the court and shall be given precedence
19 over all other suits. Any person entitled to bring an action
20 under subsection (b) shall have the right to intervene in an
21 action brought under this Section.
22 The cost of the demolition, repair, enclosure, or removal
23 incurred by the municipality, by an intervenor, or by a lien
24 holder of record, including court costs, attorney's fees, and
25 other costs related to the enforcement of this Section, is
26 recoverable from the owner or owners of the real estate or
27 the previous owner or both if the property was transferred
28 during the 15 day notice period and is a lien on the real
29 estate; the lien is superior to all prior existing liens and
30 encumbrances, except taxes, if, within 180 days after the
31 repair, demolition, enclosure, or removal, the municipality,
32 the lien holder of record, or the intervenor who incurred the
33 cost and expense shall file a notice of lien for the cost and
34 expense incurred in the office of the recorder in the county
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1 in which the real estate is located or in the office of the
2 registrar of titles of the county if the real estate affected
3 is registered under the Registered Titles (Torrens) Act.
4 The notice must consist of a sworn statement setting out
5 (1) a description of the real estate sufficient for its
6 identification, (2) the amount of money representing the cost
7 and expense incurred, and (3) the date or dates when the cost
8 and expense was incurred by the municipality, the lien holder
9 of record, or the intervenor. Upon payment of the cost and
10 expense by the owner of or persons interested in the property
11 after the notice of lien has been filed, the lien shall be
12 released by the municipality, the person in whose name the
13 lien has been filed, or the assignee of the lien, and the
14 release may be filed of record as in the case of filing
15 notice of lien. Unless the lien is enforced under subsection
16 (c), the lien may be enforced by foreclosure proceedings as
17 in the case of mortgage foreclosures under Article XV of the
18 Code of Civil Procedure or mechanics' lien foreclosures. An
19 action to foreclose this lien may be commenced at any time
20 after the date of filing of the notice of lien. The costs of
21 foreclosure incurred by the municipality, including court
22 costs, reasonable attorney's fees, advances to preserve the
23 property, and other costs related to the enforcement of this
24 subsection, plus statutory interest, are a lien on the real
25 estate and are recoverable by the municipality from the owner
26 or owners of the real estate.
27 All liens arising under this subsection (a) shall be
28 assignable. The assignee of the lien shall have the same
29 power to enforce the lien as the assigning party, except that
30 the lien may not be enforced under subsection (c).
31 If the appropriate official of any municipality
32 determines that any dangerous and unsafe building or
33 uncompleted and abandoned building within its territory
34 fulfills the requirements for an action by the municipality
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1 under the Abandoned Housing Rehabilitation Act, the
2 municipality may petition under that Act in a proceeding
3 brought under this subsection.
4 (b) Any owner or tenant of real property within 1200
5 feet in any direction of any dangerous or unsafe building
6 located within the territory of a municipality with a
7 population of 500,000 or more may file with the appropriate
8 municipal authority a request that the municipality apply to
9 the circuit court of the county in which the building is
10 located for an order permitting the demolition, removal of
11 garbage, debris, and other noxious or unhealthy substances
12 and materials from, or repair or enclosure of the building in
13 the manner prescribed in subsection (a) of this Section. If
14 the municipality fails to institute an action in circuit
15 court within 90 days after the filing of the request, the
16 owner or tenant of real property within 1200 feet in any
17 direction of the building may institute an action in circuit
18 court seeking an order compelling the owner or owners of
19 record to demolish, remove garbage, debris, and other noxious
20 or unhealthy substances and materials from, repair or enclose
21 or to cause to be demolished, have garbage, debris, and other
22 noxious or unhealthy substances and materials removed from,
23 repaired, or enclosed the building in question. A private
24 owner or tenant who institutes an action under the preceding
25 sentence shall not be required to pay any fee to the clerk of
26 the circuit court. The cost of repair, removal, demolition,
27 or enclosure shall be borne by the owner or owners of record
28 of the building. In the event the owner or owners of record
29 fail to demolish, remove garbage, debris, and other noxious
30 or unhealthy substances and materials from, repair, or
31 enclose the building within 90 days of the date the court
32 entered its order, the owner or tenant who instituted the
33 action may request that the court join the municipality as a
34 party to the action. The court may order the municipality to
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1 demolish, remove materials from, repair, or enclose the
2 building, or cause that action to be taken upon the request
3 of any owner or tenant who instituted the action or upon the
4 municipality's request. The municipality may file, and the
5 court may approve, a plan for rehabilitating the building in
6 question. A court order authorizing the municipality to
7 demolish, remove materials from, repair, or enclose a
8 building, or cause that action to be taken, shall not
9 preclude the court from adjudging the owner or owners of
10 record of the building in contempt of court due to the
11 failure to comply with the order to demolish, remove garbage,
12 debris, and other noxious or unhealthy substances and
13 materials from, repair, or enclose the building.
14 If a municipality or a person or persons other than the
15 owner or owners of record pay the cost of demolition, removal
16 of garbage, debris, and other noxious or unhealthy substances
17 and materials, repair, or enclosure pursuant to a court
18 order, the cost, including court costs, attorney's fees, and
19 other costs related to the enforcement of this subsection, is
20 recoverable from the owner or owners of the real estate and
21 is a lien on the real estate; the lien is superior to all
22 prior existing liens and encumbrances, except taxes, if,
23 within 180 days after the repair, removal, demolition, or
24 enclosure, the municipality or the person or persons who paid
25 the costs of demolition, removal, repair, or enclosure shall
26 file a notice of lien of the cost and expense incurred in the
27 office of the recorder in the county in which the real estate
28 is located or in the office of the registrar of the county if
29 the real estate affected is registered under the Registered
30 Titles (Torrens) Act. The notice shall be in a form as is
31 provided in subsection (a). An owner or tenant who
32 institutes an action in circuit court seeking an order to
33 compel the owner or owners of record to demolish, remove
34 materials from, repair, or enclose any dangerous or unsafe
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1 building, or to cause that action to be taken under this
2 subsection may recover court costs and reasonable attorney's
3 fees for instituting the action from the owner or owners of
4 record of the building. Upon payment of the costs and
5 expenses by the owner of or a person interested in the
6 property after the notice of lien has been filed, the lien
7 shall be released by the municipality or the person in whose
8 name the lien has been filed or his or her assignee, and the
9 release may be filed of record as in the case of filing a
10 notice of lien. Unless the lien is enforced under subsection
11 (c), the lien may be enforced by foreclosure proceedings as
12 in the case of mortgage foreclosures under Article XV of the
13 Code of Civil Procedure or mechanics' lien foreclosures. An
14 action to foreclose this lien may be commenced at any time
15 after the date of filing of the notice of lien. The costs of
16 foreclosure incurred by the municipality, including court
17 costs, reasonable attorneys' fees, advances to preserve the
18 property, and other costs related to the enforcement of this
19 subsection, plus statutory interest, are a lien on the real
20 estate and are recoverable by the municipality from the owner
21 or owners of the real estate.
22 All liens arising under the terms of this subsection (b)
23 shall be assignable. The assignee of the lien shall have the
24 same power to enforce the lien as the assigning party, except
25 that the lien may not be enforced under subsection (c).
26 (c) In any case where a municipality has obtained a lien
27 under subsection (a), (b), or (f), the municipality may
28 enforce the lien under this subsection (c) in the same
29 proceeding in which the lien is authorized.
30 A municipality desiring to enforce a lien under this
31 subsection (c) shall petition the court to retain
32 jurisdiction for foreclosure proceedings under this
33 subsection. Notice of the petition shall be served, by
34 certified or registered mail, on all persons who were served
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1 notice under subsection (a), (b), or (f). The court shall
2 conduct a hearing on the petition not less than 15 days after
3 the notice is served. If the court determines that the
4 requirements of this subsection (c) have been satisfied, it
5 shall grant the petition and retain jurisdiction over the
6 matter until the foreclosure proceeding is completed. The
7 costs of foreclosure incurred by the municipality, including
8 court costs, reasonable attorneys' fees, advances to preserve
9 the property, and other costs related to the enforcement of
10 this subsection, plus statutory interest, are a lien on the
11 real estate and are recoverable by the municipality from the
12 owner or owners of the real estate. If the court denies the
13 petition, the municipality may enforce the lien in a separate
14 action as provided in subsection (a), (b), or (f).
15 All persons designated in Section 15-1501 of the Code of
16 Civil Procedure as necessary parties in a mortgage
17 foreclosure action shall be joined as parties before issuance
18 of an order of foreclosure. Persons designated in Section
19 15-1501 of the Code of Civil Procedure as permissible parties
20 may also be joined as parties in the action.
21 The provisions of Article XV of the Code of Civil
22 Procedure applicable to mortgage foreclosures shall apply to
23 the foreclosure of a lien under this subsection (c), except
24 to the extent that those provisions are inconsistent with
25 this subsection. For purposes of foreclosures of liens
26 under this subsection, however, the redemption period
27 described in subsection (b) of Section 15-1603 of the Code of
28 Civil Procedure shall end 60 days after the date of entry of
29 the order of foreclosure.
30 (d) In addition to any other remedy provided by law, the
31 corporate authorities of any municipality may petition the
32 circuit court to have property declared abandoned under this
33 subsection (d) if:
34 (1) the property has been tax delinquent for 2 or
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1 more years or bills for water service for the property
2 have been outstanding for 2 or more years;
3 (2) the property is unoccupied by persons legally
4 in possession; and
5 (3) the property contains a dangerous or unsafe
6 building.
7 All persons having an interest of record in the property,
8 including tax purchasers and beneficial owners of any
9 Illinois land trust having title to the property, shall be
10 named as defendants in the petition and shall be served with
11 process. In addition, service shall be had under Section
12 2-206 of the Code of Civil Procedure as in other cases
13 affecting property.
14 The municipality, however, may proceed under this
15 subsection in a proceeding brought under subsection (a) or
16 (b). Notice of the petition shall be served by certified or
17 registered mail on all persons who were served notice under
18 subsection (a) or (b).
19 If the municipality proves that the conditions described
20 in this subsection exist and the owner of record of the
21 property does not enter an appearance in the action, or, if
22 title to the property is held by an Illinois land trust, if
23 neither the owner of record nor the owner of the beneficial
24 interest of the trust enters an appearance, the court shall
25 declare the property abandoned.
26 If that determination is made, notice shall be sent by
27 certified or registered mail to all persons having an
28 interest of record in the property, including tax purchasers
29 and beneficial owners of any Illinois land trust having title
30 to the property, stating that title to the property will be
31 transferred to the municipality unless, within 30 days of the
32 notice, the owner of record enters an appearance in the
33 action, or unless any other person having an interest in the
34 property files with the court a request to demolish the
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1 dangerous or unsafe building or to put the building in safe
2 condition.
3 If the owner of record enters an appearance in the action
4 within the 30 day period, the court shall vacate its order
5 declaring the property abandoned. In that case, the
6 municipality may amend its complaint in order to initiate
7 proceedings under subsection (a).
8 If a request to demolish or repair the building is filed
9 within the 30 day period, the court shall grant permission to
10 the requesting party to demolish the building within 30 days
11 or to restore the building to safe condition within 60 days
12 after the request is granted. An extension of that period
13 for up to 60 additional days may be given for good cause. If
14 more than one person with an interest in the property files a
15 timely request, preference shall be given to the person with
16 the lien or other interest of the highest priority.
17 If the requesting party proves to the court that the
18 building has been demolished or put in a safe condition
19 within the period of time granted by the court, the court
20 shall issue a quitclaim judicial deed for the property to the
21 requesting party, conveying only the interest of the owner of
22 record, upon proof of payment to the municipality of all
23 costs incurred by the municipality in connection with the
24 action, including but not limited to court costs, attorney's
25 fees, administrative costs, the costs, if any, associated
26 with building enclosure or removal, and receiver's
27 certificates. The interest in the property so conveyed shall
28 be subject to all liens and encumbrances on the property. In
29 addition, if the interest is conveyed to a person holding a
30 certificate of purchase for the property under the Property
31 Tax Code, the conveyance shall be subject to the rights of
32 redemption of all persons entitled to redeem under that Act,
33 including the original owner of record.
34 If no person with an interest in the property files a
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1 timely request or if the requesting party fails to demolish
2 the building or put the building in safe condition within the
3 time specified by the court, the municipality may petition
4 the court to issue a judicial deed for the property to the
5 municipality. A conveyance by judicial deed shall operate to
6 extinguish all existing ownership interests in, liens on, and
7 other interest in the property, including tax liens, and
8 shall extinguish the rights and interests of any and all
9 holders of a bona fide certificate of purchase of the
10 property for delinquent taxes. Any such bona fide
11 certificate of purchase holder shall be entitled to a sale in
12 error as prescribed under Section 21-310 of the Property Tax
13 Code.
14 (e) Each municipality may use the provisions of this
15 subsection to expedite the removal of certain buildings that
16 are a continuing hazard to the community in which they are
17 located.
18 If a residential or commercial building is 3 stories or
19 less in height as defined by the municipality's building
20 code, and the corporate official designated to be in charge
21 of enforcing the municipality's building code determines that
22 the building is open and vacant and an immediate and
23 continuing hazard to the community in which the building is
24 located, then the official shall be authorized to post a
25 notice not less than 2 feet by 2 feet in size on the front of
26 the building. The notice shall be dated as of the date of
27 the posting and shall state that unless the building is
28 demolished, repaired, or enclosed, and unless any garbage,
29 debris, and other hazardous, noxious, or unhealthy substances
30 or materials are removed so that an immediate and continuing
31 hazard to the community no longer exists, then the building
32 may be demolished, repaired, or enclosed, or any garbage,
33 debris, and other hazardous, noxious, or unhealthy substances
34 or materials may be removed, by the municipality.
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1 Not later than 30 days following the posting of the
2 notice, the municipality shall do all of the following:
3 (1) Cause to be sent, by certified mail, return
4 receipt requested, a Notice to Remediate to all owners
5 of record of the property, the beneficial owners of any
6 Illinois land trust having title to the property, and all
7 lienholders of record in the property, stating the intent
8 of the municipality to demolish, repair, or enclose the
9 building or remove any garbage, debris, or other
10 hazardous, noxious, or unhealthy substances or materials
11 if that action is not taken by the owner or owners.
12 (2) Cause to be published, in a newspaper published
13 or circulated in the municipality where the building is
14 located, a notice setting forth (i) the permanent tax
15 index number and the address of the building, (ii) a
16 statement that the property is open and vacant and
17 constitutes an immediate and continuing hazard to the
18 community, and (iii) a statement that the municipality
19 intends to demolish, repair, or enclose the building or
20 remove any garbage, debris, or other hazardous, noxious,
21 or unhealthy substances or materials if the owner or
22 owners or lienholders of record fail to do so. This
23 notice shall be published for 3 consecutive days.
24 (3) Cause to be recorded the Notice to Remediate
25 mailed under paragraph (1) in the office of the recorder
26 in the county in which the real estate is located or in
27 the office of the registrar of titles of the county if
28 the real estate is registered under the Registered Title
29 (Torrens) Act.
30 Any person or persons with a current legal or equitable
31 interest in the property objecting to the proposed actions of
32 the corporate authorities may file his or her objection in an
33 appropriate form in a court of competent jurisdiction.
34 If the building is not demolished, repaired, or enclosed,
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1 or the garbage, debris, or other hazardous, noxious, or
2 unhealthy substances or materials are not removed, within 30
3 days of mailing the notice to the owners of record, the
4 beneficial owners of any Illinois land trust having title to
5 the property, and all lienholders of record in the property,
6 or within 30 days of the last day of publication of the
7 notice, whichever is later, the corporate authorities shall
8 have the power to demolish, repair, or enclose the building
9 or to remove any garbage, debris, or other hazardous,
10 noxious, or unhealthy substances or materials.
11 The municipality may proceed to demolish, repair, or
12 enclose a building or remove any garbage, debris, or other
13 hazardous, noxious, or unhealthy substances or materials
14 under this subsection within a 120-day period following the
15 date of the mailing of the notice if the appropriate official
16 determines that the demolition, repair, enclosure, or removal
17 of any garbage, debris, or other hazardous, noxious, or
18 unhealthy substances or materials is necessary to remedy the
19 immediate and continuing hazard. If, however, before the
20 municipality proceeds with any of the actions authorized by
21 this subsection, any person with a legal or equitable
22 interest in the property has sought a hearing under this
23 subsection before a court and has served a copy of the
24 complaint on the chief executive officer of the municipality,
25 then the municipality shall not proceed with the demolition,
26 repair, enclosure, or removal of garbage, debris, or other
27 substances until the court determines that that action is
28 necessary to remedy the hazard and issues an order
29 authorizing the municipality to do so. If the court dismisses
30 the action for want of prosecution, the municipality must
31 send the objector a copy of the dismissal order and a letter
32 stating that the demolition, repair, enclosure, or removal of
33 garbage, debris, or other substances will proceed unless,
34 within 30 days after the copy of the order and the letter are
-186- LRB093 05878 EFG 05971 b
1 mailed, the objector moves to vacate the dismissal and serves
2 a copy of the motion on the chief executive officer of the
3 municipality. Notwithstanding any other law to the contrary,
4 if the objector does not file a motion and give the required
5 notice, if the motion is denied by the court, or if the
6 action is again dismissed for want of prosecution, then the
7 dismissal is with prejudice and the demolition, repair,
8 enclosure, or removal may proceed forthwith.
9 Following the demolition, repair, or enclosure of a
10 building, or the removal of garbage, debris, or other
11 hazardous, noxious, or unhealthy substances or materials
12 under this subsection, the municipality may file a notice of
13 lien against the real estate for the cost of the demolition,
14 repair, enclosure, or removal within 180 days after the
15 repair, demolition, enclosure, or removal occurred, for the
16 cost and expense incurred, in the office of the recorder in
17 the county in which the real estate is located or in the
18 office of the registrar of titles of the county if the real
19 estate affected is registered under the Registered Titles
20 (Torrens) Act; this lien has priority over the interests of
21 those parties named in the Notice to Remediate mailed under
22 paragraph (1), but not over the interests of third party
23 purchasers or encumbrancers for value who obtained their
24 interests in the property before obtaining actual or
25 constructive notice of the lien. The notice of lien shall
26 consist of a sworn statement setting forth (i) a description
27 of the real estate, such as the address or other description
28 of the property, sufficient for its identification; (ii) the
29 expenses incurred by the municipality in undertaking the
30 remedial actions authorized under this subsection; (iii) the
31 date or dates the expenses were incurred by the municipality;
32 (iv) a statement by the corporate official responsible for
33 enforcing the building code that the building was open and
34 vacant and constituted an immediate and continuing hazard to
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1 the community; (v) a statement by the corporate official that
2 the required sign was posted on the building, that notice was
3 sent by certified mail to the owners of record, and that
4 notice was published in accordance with this subsection; and
5 (vi) a statement as to when and where the notice was
6 published. The lien authorized by this subsection may
7 thereafter be released or enforced by the municipality as
8 provided in subsection (a).
9 (f) The corporate authorities of each municipality may
10 remove or cause the removal of, or otherwise environmentally
11 remediate hazardous substances and petroleum products on, in,
12 or under any abandoned and unsafe property within the
13 territory of a municipality. In addition, where preliminary
14 evidence indicates the presence or likely presence of a
15 hazardous substance or a petroleum product or a release or a
16 substantial threat of a release of a hazardous substance or a
17 petroleum product on, in, or under the property, the
18 corporate authorities of the municipality may inspect the
19 property and test for the presence or release of hazardous
20 substances and petroleum products. In any county having
21 adopted by referendum or otherwise a county health department
22 as provided by Division 5-25 of the Counties Code or its
23 predecessor, the county board of that county may exercise the
24 above-described powers with regard to property within the
25 territory of any city, village, or incorporated town having
26 less than 50,000 population.
27 For purposes of this subsection (f):
28 (1) "property" or "real estate" means all real
29 property, whether or not improved by a structure;
30 (2) "abandoned" means;
31 (A) the property has been tax delinquent for 2
32 or more years;
33 (B) the property is unoccupied by persons
34 legally in possession; and
-188- LRB093 05878 EFG 05971 b
1 (3) "unsafe" means property that presents an actual
2 or imminent threat to public health and safety caused by
3 the release of hazardous substances; and
4 (4) "hazardous substances" means the same as in
5 Section 3.215 of the Environmental Protection Act.
6 The corporate authorities shall apply to the circuit
7 court of the county in which the property is located (i) for
8 an order allowing the municipality to enter the property and
9 inspect and test substances on, in, or under the property; or
10 (ii) for an order authorizing the corporate authorities to
11 take action with respect to remediation of the property if
12 conditions on the property, based on the inspection and
13 testing authorized in paragraph (i), indicate the presence of
14 hazardous substances or petroleum products. Remediation shall
15 be deemed complete for purposes of paragraph (ii) above when
16 the property satisfies Tier I, II, or III remediation
17 objectives for the property's most recent usage, as
18 established by the Environmental Protection Act, and the
19 rules and regulations promulgated thereunder. Where, upon
20 diligent search, the identity or whereabouts of the owner or
21 owners of the property, including the lien holders of record,
22 is not ascertainable, notice mailed to the person or persons
23 in whose name the real estate was last assessed is sufficient
24 notice under this Section.
25 The court shall grant an order authorizing testing under
26 paragraph (i) above upon a showing of preliminary evidence
27 indicating the presence or likely presence of a hazardous
28 substance or a petroleum product or a release of or a
29 substantial threat of a release of a hazardous substance or a
30 petroleum product on, in, or under abandoned property. The
31 preliminary evidence may include, but is not limited to,
32 evidence of prior use, visual site inspection, or records of
33 prior environmental investigations. The testing authorized
34 by paragraph (i) above shall include any type of
-189- LRB093 05878 EFG 05971 b
1 investigation which is necessary for an environmental
2 professional to determine the environmental condition of the
3 property, including but not limited to performance of soil
4 borings and groundwater monitoring. The court shall grant a
5 remediation order under paragraph (ii) above where testing of
6 the property indicates that it fails to meet the applicable
7 remediation objectives. The hearing upon the application to
8 the circuit court shall be expedited by the court and shall
9 be given precedence over all other suits.
10 The cost of the inspection, testing, or remediation
11 incurred by the municipality or by a lien holder of record,
12 including court costs, attorney's fees, and other costs
13 related to the enforcement of this Section, is a lien on the
14 real estate; except that in any instances where a
15 municipality incurs costs of inspection and testing but finds
16 no hazardous substances or petroleum products on the property
17 that present an actual or imminent threat to public health
18 and safety, such costs are not recoverable from the owners
19 nor are such costs a lien on the real estate. The lien is
20 superior to all prior existing liens and encumbrances, except
21 taxes and any lien obtained under subsection (a) or (e), if,
22 within 180 days after the completion of the inspection,
23 testing, or remediation, the municipality or the lien holder
24 of record who incurred the cost and expense shall file a
25 notice of lien for the cost and expense incurred in the
26 office of the recorder in the county in which the real estate
27 is located or in the office of the registrar of titles of the
28 county if the real estate affected is registered under the
29 Registered Titles (Torrens) Act.
30 The notice must consist of a sworn statement setting out
31 (i) a description of the real estate sufficient for its
32 identification, (ii) the amount of money representing the
33 cost and expense incurred, and (iii) the date or dates when
34 the cost and expense was incurred by the municipality or the
-190- LRB093 05878 EFG 05971 b
1 lien holder of record. Upon payment of the lien amount by
2 the owner of or persons interested in the property after the
3 notice of lien has been filed, a release of lien shall be
4 issued by the municipality, the person in whose name the lien
5 has been filed, or the assignee of the lien, and the release
6 may be filed of record as in the case of filing notice of
7 lien.
8 The lien may be enforced under subsection (c) or by
9 foreclosure proceedings as in the case of mortgage
10 foreclosures under Article XV of the Code of Civil Procedure
11 or mechanics' lien foreclosures; provided that where the lien
12 is enforced by foreclosure under subsection (c) or under
13 either statute, the municipality may not proceed against the
14 other assets of the owner or owners of the real estate for
15 any costs that otherwise would be recoverable under this
16 Section but that remain unsatisfied after foreclosure except
17 where such additional recovery is authorized by separate
18 environmental laws. An action to foreclose this lien may be
19 commenced at any time after the date of filing of the notice
20 of lien. The costs of foreclosure incurred by the
21 municipality, including court costs, reasonable attorney's
22 fees, advances to preserve the property, and other costs
23 related to the enforcement of this subsection, plus statutory
24 interest, are a lien on the real estate.
25 All liens arising under this subsection (f) shall be
26 assignable. The assignee of the lien shall have the same
27 power to enforce the lien as the assigning party, except that
28 the lien may not be enforced under subsection (c).
29 (g) In any case where a municipality has obtained a lien
30 under subsection (a), the municipality may also bring an
31 action for a money judgment against the owner or owners of
32 the real estate in the amount of the lien in the same manner
33 as provided for bringing causes of action in Article II of
34 the Code of Civil Procedure and, upon obtaining a judgment,
-191- LRB093 05878 EFG 05971 b
1 file a judgment lien against all of the real estate of the
2 owner or owners and enforce that lien as provided for in
3 Article XII of the Code of Civil Procedure.
4 (Source: P.A. 91-162, eff. 7-16-99; 91-177, eff. 1-1-00;
5 91-357, eff. 7-29-99; 91-542, eff. 1-1-00; 91-561, eff.
6 1-1-00; 92-16, eff. 6-28-01; 92-574, eff. 6-26-02; 92-681,
7 eff. 1-1-03; revised 2-18-03.)
8 Section 29. The Metropolitan Water Reclamation District
9 Act is amended by setting forth, renumbering, and changing
10 multiple versions of Section 288 as follows:
11 (70 ILCS 2605/288)
12 Sec. 288. District enlarged. On March 7, 2002 Upon the
13 effective date of this amendatory Act of the 92nd General
14 Assembly, the corporate limits of the Metropolitan Water
15 Reclamation District Act are extended to include within those
16 limits the following described tracts of land, and those
17 tracts are annexed to the District.
18 (1) Parcel 1 (Canter Parcel)
19 THAT PART OF SECTION 21 TOWNSHIP 41 NORTH, RANGE 9, EAST
20 OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
21 COMMENCING AT NORTHWEST CORNER OF THE NORTHEAST 1/4 OF
22 THE NORTHWEST 1/4 OF SAID SECTION 21; THENCE SOUTH 00
23 DEGREES 12 MINUTES 00 SECONDS WEST (DEED BEING SOUTH),
24 ALONG THE WEST LINE OF SAID NORTHEAST 1/4 OF THE
25 NORTHWEST 1/4, A DISTANCE OF 574.20 FEET; THENCE SOUTH 69
26 DEGREES 48 MINUTES 00 SECONDS EAST, A DISTANCE OF 181.20
27 FEET; THENCE SOUTH 28 DEGREES 49 MINUTES 00 SECONDS EAST,
28 A DISTANCE OF 720.45 FEET; THENCE SOUTH 38 DEGREES 25
29 MINUTES 33 SECONDS WEST, A DISTANCE OF 222.79 FEET (DEED
30 BEING SOUTH 33 DEGREES 37 MINUTES 00 SECONDS WEST, 238.50
31 FEET) TO AN IRON STAKE; THENCE SOUTH 60 DEGREES 26
32 MINUTES 25 SECONDS EAST (DEED BEING SOUTH 59 DEGREES 41
-192- LRB093 05878 EFG 05971 b
1 MINUTES 00 SECONDS EAST), ALONG A LINE THAT WOULD
2 INTERSECT THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION
3 21 AT A POINT THAT IS 669.25 FEET NORTHERLY OF (AS
4 MEASURED ALONG SAID EAST LINE) THE CENTER OF SAID SECTION
5 21, A DISTANCE OF 24.03 FEET FOR THE POINT OF BEGINNING;
6 THENCE CONTINUING SOUTH 60 DEGREES 26 MINUTES 25 SECONDS
7 EAST, ALONG SAID LINE, A DISTANCE OF 629.56 FEET TO THE
8 INTERSECTION WITH THE NORTHEASTERLY EXTENSION OF A LINE
9 PREVIOUSLY SURVEYED AND MONUMENTED; THENCE SOUTH 38
10 DEGREES 40 MINUTES 02 SECONDS WEST, ALONG SAID LINE, A
11 DISTANCE OF 1100.29 FEET (DEED BEING SOUTH 39 DEGREES 55
12 MINUTES 00 SECONDS WEST, 1098.70 FEET) TO THE CENTER LINE
13 OF THE CHICAGO-ELGIN ROAD, (NOW KNOWN AS IRVING PARK
14 BOULEVARD AND STATE ROUTE NO. 19) AS SHOWN ON THE PLAT OF
15 DEDICATION RECORDED JUNE 9, 1933 AS DOCUMENT NO. 11245764
16 AND AS SHOWN ON A PLAT OF SURVEY DATED SEPTEMBER 22, 1932
17 APPROVED BY THE SUPERINTENDENT OF HIGHWAYS OF COOK
18 COUNTY, ILLINOIS ON DECEMBER 17, 1933; THENCE SOUTH 51
19 DEGREES 24 MINUTES 19 SECONDS EAST, ALONG SAID CENTER
20 LINE, A DISTANCE OF 597.60 FEET (DEED BEING SOUTHEASTERLY
21 ALONG CENTER LINE, 620.50 FEET) TO A POINT OF CURVE IN
22 SAID CENTER LINE, ACCORDING TO THE PLAT OF DEDICATION
23 RECORDED FEBRUARY 16, 1933 AS DOCUMENT NO. 11200330 AND
24 AFORESAID PLAT OF SURVEY; THENCE SOUTHEASTERLY, ALONG THE
25 SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT, HAVING
26 A RADIUS OF 4645.69 FEET AND BEING TANGENT TO THE LAST
27 DESCRIBED COURSE AT THE LAST DESCRIBED POINT, A DISTANCE
28 OF 341.66 FEET (DEED BEING ALONG SAID CURVE, 338.30 FEET)
29 TO THE INTERSECTION WITH A PREVIOUSLY SURVEYED AND
30 MONUMENTED LINE; THENCE SOUTH 42 DEGREES 46 MINUTES 09
31 SECONDS WEST, ALONG SAID LINE, A DISTANCE OF 65.95 FEET
32 (DEED BEING SOUTH 44 DEGREES 41 MINUTES 00 SECONDS WEST,
33 65 FEET) TO THE CENTER LINE OF THE OLD CHICAGO-ELGIN
34 ROAD, ACCORDING TO THE AFORESAID PLAT OF SURVEY; THENCE
-193- LRB093 05878 EFG 05971 b
1 NORTH 56 DEGREES 45 MINUTES 03 SECONDS WEST, ALONG THE
2 CENTER LINE OF THE SAID OLD CHICAGO-ELGIN ROAD, A
3 DISTANCE OF 685.80 FEET (DEED BEING NORTH 54 DEGREES 52
4 MINUTES 00 SECONDS WEST, 635.0 FEET) TO AN ANGLE IN SAID
5 CENTER LINE; THENCE NORTH 44 DEGREES 23 MINUTES 58
6 SECONDS WEST, ALONG SAID CENTER LINE, A DISTANCE OF
7 878.23 FEET (DEED BEING NORTH 44 DEGREES 23 MINUTES 00
8 SECONDS WEST) TO A LINE THAT IS DRAWN SOUTH 38 DEGREES 35
9 MINUTES 41 SECONDS WEST FROM THE POINT OF BEGINNING AND
10 BEING PERPENDICULAR TO THE NORTHERLY RIGHT OF WAY LINE OF
11 THE CHICAGO-ELGIN ROAD, AS DESCRIBED ON THE AFORESAID
12 PLAT OF DEDICATION PER DOCUMENT NO. 11245764 AND SHOWN ON
13 THE AFORESAID PLAT OF SURVEY; THENCE NORTH 38 DEGREES 35
14 MINUTES 41 SECONDS EAST, ALONG SAID PERPENDICULAR LINE, A
15 DISTANCE OF 1011.41 FEET TO THE POINT OF BEGINNING,
16 (EXCEPTING THEREFROM SUCH PORTIONS THEREOF AS MAY HAVE
17 BEEN HERETOFORE CONVEYED OR DEDICATED FOR HIGHWAY
18 PURPOSES) IN COOK COUNTY, ILLINOIS.
19 P.I.N.: 06-21-101-024-0000
20 (2) Parcel 2 (T Bar J Ranch Parcel)
21 PARCEL 1:
22 THAT PART OF SECTION 21, TOWNSHIP 41 NORTH; RANGE 9 EAST
23 OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
24 COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4
25 OF THE NORTHWEST 1/4 OF SAID SECTION 21; THENCE SOUTH
26 ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST
27 1/4 OF SAID SECTION, 574.20 FEET; THENCE SOUTH 69 DEGREES
28 48 MINUTES EAST, 181.20 FEET; THENCE SOUTH 28 DEGREES 49
29 MINUTES EAST, 720.45 FEET; THENCE SOUTH 33 DEGREES 37
30 MINUTES WEST, 238.50 FEET; THENCE SOUTH 75 DEGREES 29
31 MINUTES WEST, ALONG A FENCE LINE 510.8 FEET; THENCE SOUTH
32 29 DEGREES 48 MINUTES WEST, ALONG A FENCE LINE, 275.05
33 FEET TO THE POINT OF BEGINNING; THENCE NORTH 67 DEGREES
34 40 MINUTES WEST, 277.64 FEET; THENCE SOUTH 19 DEGREES 47
-194- LRB093 05878 EFG 05971 b
1 MINUTES WEST, ALONG A FENCE LINE, 175.5 FEET TO THE
2 NORTHERLY RIGHT OF WAY LINE OF A PUBLIC HIGHWAY KNOWN AS
3 IRVING PARK BOULEVARD; THENCE SOUTH 50 DEGREES 21 MINUTES
4 EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE OF PUBLIC
5 HIGHWAY, A DISTANCE OF 248.3 FEET TO A POINT THAT IS
6 SOUTH 29 DEGREES 48 MINUTES WEST, 251.15 FEET FROM THE
7 POINT OF BEGINNING; THENCE NORTH 29 DEGREES 48 MINUTES,
8 EAST ALONG A FENCE LINE 251.15 FEET TO A POINT OF
9 BEGINNING, IN COOK COUNTY, ILLINOIS.
10 P.I.N.: 06-21-101-018-0000
11 PARCEL 2:
12 THAT PART OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 9 EAST
13 OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
14 COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4
15 OF THE NORTHWEST 1/4 OF SECTION 21 AFORESAID; THENCE
16 SOUTH ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF THE
17 NORTHWEST 1/4 OF SAID SECTION, 574.2 FEET; THENCE SOUTH
18 69 DEGREES 48 MINUTES EAST, 181.2 FEET; THENCE SOUTH 28
19 DEGREES 49 MINUTES EAST, 720.45 FEET; THENCE SOUTH 33
20 DEGREES 37 MINUTES WEST, 238.5 FEET; THENCE SOUTH 75
21 DEGREES 29 MINUTES WEST, 203.4 FEET TO THE POINT OF
22 BEGINNING; THENCE CONTINUING SOUTH 75 DEGREES 29 MINUTES
23 WEST, 307.4 FEET; THENCE SOUTH 29 DEGREES 48 MINUTES
24 WEST, 275.05 FEET; THENCE NORTH 67 DEGREES 40 MINUTES
25 WEST, 277.64 FEET; THENCE SOUTH 19 DEGREES 47 MINUTES
26 WEST ALONG A FENCE LINE, 175.5 FEET TO NORTHERLY RIGHT OF
27 WAY LINE OF PUBLIC HIGHWAY KNOWN AS IRVING PARK
28 BOULEVARD; THENCE NORTH 50 DEGREES 21 MINUTES WEST ALONG
29 SAID NORTHERLY RIGHT OF WAY LINE OF HIGHWAY 566.2 FEET;
30 THENCE NORTH 17 DEGREES 17 MINUTES EAST ALONG A FENCE
31 LINE 193.07 FEET; THENCE NORTH 84 DEGREES 47 MINUTES EAST
32 988.44 FEET TO A FENCE LINE; THENCE SOUTH 31 DEGREES 51
33 MINUTES EAST ALONG SAID FENCE LINE, A DISTANCE OF 282.19
34 FEET TO THE POINT OF BEGINNING IN HANOVER TOWNSHIP IN
-195- LRB093 05878 EFG 05971 b
1 COOK COUNTY, ILLINOIS.
2 P.I.N.: 06-21-101-022-0000
3 (3) Parcel 3 (Gibas parcel)
4 A PARCEL OF LAND IN SECTION 21, TOWNSHIP 41 NORTH, RANGE
5 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
6 ILLINOIS, DESCRIBED AS FOLLOWS:
7 COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4
8 OF THE NORTHWEST 1/4 OF SAID SECTION 21, THENCE SOUTH
9 ALONG THE WEST LINE OF SAID NORTHEAST 1/4 OF THE
10 NORTHWEST 1/4, 574.20 FEET; THENCE SOUTH 69 DEGREES 48
11 MINUTES EAST, 181.20 FEET FOR A POINT OF BEGINNING,
12 THENCE SOUTH 28 DEGREES 49 MINUTES EAST, 720.45 FEET;
13 THENCE SOUTH 33 DEGREES 37 MINUTES WEST, 238.5 FEET;
14 THENCE SOUTH 75 DEGREES 29 MINUTES WEST, 203.4 FEET TO A
15 FENCE CORNER; THENCE NORTH 31 DEGREES 51 MINUTES WEST
16 ALONG A FENCE LINE, 512.8 FEET; THENCE NORTH 3 DEGREES 29
17 MINUTES WEST ALONG SAID FENCE LINE 263.6 FEET TO A POINT
18 ON THE SOUTHERLY RIGHT OF WAY LINE OF NEW SCHAUMBURG ROAD
19 THAT IS 311.0 FEET MORE OR LESS SOUTHWESTERLY OF THE
20 POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG THE SAID
21 SOUTHERLY RIGHT OF WAY LINE OF ROAD 311.0 FEET MORE OR
22 LESS TO THE POINT OF BEGINNING, (EXCEPTING SUCH PORTIONS
23 THEREOF AS MAY FALL WITHIN LOTS 10 OR 26 OF COUNTY
24 CLERK'S DIVISION OF SECTION 21 ACCORDING TO THE PLAT
25 THEREOF RECORDED, MAY 31, 1895 IN BOOK 65 OF PLATS PAGE
26 35) IN COOK COUNTY, ILLINOIS.
27 P.I.N.: 06-21-101-015-0000
28 (4) Parcel 4 (Blake parcel)
29 THAT PART OF SECTIONS 20 AND 21 IN TOWNSHIP 41 NORTH,
30 RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
31 FOLLOWS:
32 COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST
33 QUARTER OF THE NORTHWEST QUARTER OF SECTION 21 AFORESAID;
-196- LRB093 05878 EFG 05971 b
1 THENCE SOUTH ALONG THE WEST LINE OF THE NORTHEAST QUARTER
2 OF THE NORTHWEST QUARTER OF SAID SECTION, 574.2 FEET;
3 THENCE SOUTH 69 DEGREES 48 MINUTES EAST, 181.2 FEET;
4 THENCE SOUTH 28 DEGREES 49 MINUTES EAST, 720.45 FEET;
5 THENCE SOUTH 33 DEGREES 37 MINUTES WEST, 238.5 FEET;
6 THENCE SOUTH 75 DEGREES 29 MINUTES WEST, 203.4 FEET;
7 THENCE NORTH 31 DEGREES 51 MINUTES WEST ALONG A FENCE
8 LINE, 282.19 FEET TO A POINT OF BEGINNING; THENCE SOUTH
9 84 DEGREES 47 MINUTES WEST, 988.44 FEET TO A POINT ON A
10 FENCE LINE THAT LIES NORTH 17 DEGREES 17 MINUTES EAST,
11 193.07 FEET FROM A POINT ON THE NORTHERLY RIGHT OF WAY
12 LINE OF IRVING PARK BOULEVARD; THENCE NORTH 17 DEGREES 17
13 MINUTES EAST ALONG SAID FENCE LINE, 276.03 FEET TO THE
14 SOUTHERLY RIGHT OF WAY LINE OF SCHAUMBURG ROAD (AS NOW
15 DEDICATED); THENCE EASTERLY AND NORTHEASTERLY ALONG SAID
16 SOUTHERLY RIGHT OF WAY LINE ON A CURVE TO LEFT HAVING A
17 RADIUS OF 1425.4 FEET A DISTANCE OF 829.0 FEET; THENCE
18 SOUTH 3 DEGREES 29 MINUTES EAST ALONG A FENCE LINE 263.6
19 FEET; THENCE SOUTH 31 DEGREES 51 MINUTES EAST ALONG A
20 FENCE LINE A DISTANCE OF 230.61 FEET TO THE POINT OF
21 BEGINNING, IN HANOVER TOWNSHIP, COOK COUNTY, ILLINOIS.
22 P.I.N. PI.N.: 06-21-101-021-0000.
23 (Source: P.A. 92-532, eff. 3-7-02; revised 1-27-03.)
24 (70 ILCS 2605/289)
25 Sec. 289 288. District enlarged. On August 22, 2002
26 Upon the effective date of this amendatory Act of the 92nd
27 General Assembly, the corporate limits of the Metropolitan
28 Water Reclamation District are extended to include within
29 those limits the following described tract of land, and that
30 tract is annexed to the District.
31 LEGAL DESCRIPTION
32 5.425 ACRES
33 THAT PART OF THE NORTHWEST QUARTER OF SECTION 25,
-197- LRB093 05878 EFG 05971 b
1 TOWNSHIP 42 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL
2 MERIDIAN, DESCRIBED AS FOLLOWS:
3 COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST
4 QUARTER OF SAID SECTION 25; THENCE NORTH 00° 00'00" EAST
5 ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF SECTION
6 25, A DISTANCE OF 1314.40 FEET TO THE NORTH LINE OF THE
7 SOUTH HALF OF SAID NORTHWEST QUARTER OF SECTION 25;
8 THENCE SOUTH 89° 15'17" WEST ALONG THE NORTH LINE OF SAID
9 SOUTH HALF OF THE NORTHWEST QUARTER OF SECTION 25, A
10 DISTANCE OF 170.00 FEET; THENCE SOUTH 44° 22'03" WEST,
11 410.93 FEET TO THE POINT OF BEGINNING; THENCE SOUTH
12 89° 15'17" WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTH
13 HALF OF THE NORTHWEST QUARTER OF SECTION 25, A DISTANCE
14 OF 420.04 FEET TO A LINE 1755.25 FEET EAST OF, MEASURED
15 AT RIGHT ANGLES, AND PARALLEL WITH THE WEST LINE OF SAID
16 NORTHWEST QUARTER OF SECTION 25; THENCE NORTH 00° 02'28"
17 WEST ALONG SAID PARALLEL LINE, 105.23 FEET; THENCE SOUTH
18 89° 15'17" WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTH
19 HALF OF THE NORTHWEST QUARTER OF SECTION 25, A DISTANCE
20 OF 300.13 FEET; THENCE SOUTH 00° 02'28" EAST, 150.68 FEET;
21 THENCE NORTH 89° 57'32" EAST 120.37 FEET; THENCE SOUTH
22 00° 02'28" EAST PARALLEL WITH THE WEST LINE OF SAID
23 NORTHWEST QUARTER OF SECTION 25, A DISTANCE OF 353.10
24 FEET; THENCE NORTH 89° 15'17" EAST PARALLEL WITH THE NORTH
25 LINE OF SAID SOUTH HALF OF THE NORTHWEST QUARTER OF
26 SECTION 25, A DISTANCE OF 479.77 FEET; THENCE NORTH
27 00° 02'28" WEST, 278.99 FEET; THENCE NORTH 44° 22'03" EAST,
28 171.50 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY,
29 ILLINOIS.
30 (Source: P.A. 92-843, eff. 8-22-02; revised 2-18-03.)
31 Section 30. The School Code is amended by changing
32 Sections 10-17a, 10-22.20, 18-8.05, and 34-18 and setting
33 forth and renumbering multiple versions of Sections 10-20.35
-198- LRB093 05878 EFG 05971 b
1 and 34-18.23 as follows:
2 (105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
3 Sec. 10-17a. Better schools accountability.
4 (1) Policy and Purpose. It shall be the policy of the
5 State of Illinois that each school district in this State,
6 including special charter districts and districts subject to
7 the provisions of Article 34, shall submit to parents,
8 taxpayers of such district, the Governor, the General
9 Assembly, and the State Board of Education a school report
10 card assessing the performance of its schools and students.
11 The report card shall be an index of school performance
12 measured against statewide and local standards and will
13 provide information to make prior year comparisons and to set
14 future year targets through the school improvement plan.
15 (2) Reporting Requirements. Each school district shall
16 prepare a report card in accordance with the guidelines set
17 forth in this Section which describes the performance of its
18 students by school attendance centers and by district and the
19 district's financial resources and use of financial
20 resources. Such report card shall be presented at a regular
21 school board meeting subject to applicable notice
22 requirements, posted on the school district's Internet web
23 site, if the district maintains an Internet web site, made
24 available to a newspaper of general circulation serving the
25 district, and, upon request, sent home to a parent (unless
26 the district does not maintain an Internet web site, in which
27 case the report card shall be sent home to parents without
28 request). If the district posts the report card on its
29 Internet web site, the district shall send a written notice
30 home to parents stating (i) that the report card is available
31 on the web site, (ii) the address of the web site, (iii) that
32 a printed copy of the report card will be sent to parents
33 upon request, and (iv) the telephone number that parents may
-199- LRB093 05878 EFG 05971 b
1 call to request a printed copy of the report card. In
2 addition, each school district shall submit the completed
3 report card to the office of the district's Regional
4 Superintendent which shall make copies available to any
5 individuals requesting them.
6 The report card shall be completed and disseminated prior
7 to October 31 in each school year. The report card shall
8 contain, but not be limited to, actual local school
9 attendance center, school district and statewide data
10 indicating the present performance of the school, the State
11 norms and the areas for planned improvement for the school
12 and school district.
13 (3) (a) The report card shall include the following
14 applicable indicators of attendance center, district, and
15 statewide student performance: percent of students who
16 exceed, meet, or do not meet standards established by the
17 State Board of Education pursuant to Section 2-3.25a;
18 composite and subtest means on nationally normed achievement
19 tests for college bound students; student attendance rates;
20 chronic truancy rate; dropout rate; graduation rate; and
21 student mobility, turnover shown as a percent of transfers
22 out and a percent of transfers in.
23 (b) The report card shall include the following
24 descriptions for the school, district, and State: average
25 class size; amount of time per day devoted to mathematics,
26 science, English and social science at primary, middle and
27 junior high school grade levels; number of students taking
28 the Prairie State Achievement Examination under subsection
29 (c) of Section 2-3.64, the number of those students who
30 received a score of excellent, and the average score by
31 school of students taking the examination; pupil-teacher
32 ratio; pupil-administrator ratio; operating expenditure per
33 pupil; district expenditure by fund; average administrator
34 salary; and average teacher salary. The report card shall
-200- LRB093 05878 EFG 05971 b
1 also specify the amount of money that the district receives
2 from all sources, including without limitation subcategories
3 specifying the amount from local property taxes, the amount
4 from general State aid, the amount from other State funding,
5 and the amount from other income.
6 (c) The report card shall include applicable indicators
7 of parental involvement in each attendance center. The
8 parental involvement component of the report card shall
9 include the percentage of students whose parents or guardians
10 have had one or more personal contacts with the students'
11 teachers during the school year concerning the students'
12 education, and such other information, commentary, and
13 suggestions as the school district desires. For the purposes
14 of this paragraph, "personal contact" includes, but is not
15 limited to, parent-teacher conferences, parental visits to
16 school, school visits to home, telephone conversations, and
17 written correspondence. The parental involvement component
18 shall not single out or identify individual students,
19 parents, or guardians by name.
20 (d) The report card form shall be prepared by the State
21 Board of Education and provided to school districts by the
22 most efficient, economic, and appropriate means.
23 (Source: P.A. 92-604, eff. 7-1-02; 92-631, eff. 7-11-02;
24 revised 7-26-02.)
25 (105 ILCS 5/10-20.35)
26 Sec. 10-20.35. Medical information form for bus drivers
27 and emergency medical technicians. School districts are
28 encouraged to create and use an emergency medical information
29 form for bus drivers and emergency medical technicians for
30 those students with special needs or medical conditions. The
31 form may include without limitation information to be
32 provided by the student's parent or legal guardian concerning
33 the student's relevant medical conditions, medications that
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1 the student is taking, the student's communication skills,
2 and how a bus driver or an emergency medical technician is to
3 respond to certain behaviors of the student. If the form is
4 used, the school district is encouraged to notify parents and
5 legal guardians of the availability of the form. The parent
6 or legal guardian of the student may fill out the form and
7 submit it to the school that the student is attending. The
8 school district is encouraged to keep one copy of the form on
9 file at the school and another copy on the student's school
10 bus in a secure location.
11 (Source: P.A. 92-580, eff. 7-1-02.)
12 (105 ILCS 5/10-20.36)
13 Sec. 10-20.36 10-20.35. Psychotropic or psychostimulant
14 medication; disciplinary action.
15 (a) In this Section:
16 "Psychostimulant medication" means medication that
17 produces increased levels of mental and physical energy and
18 alertness and an elevated mood by stimulating the central
19 nervous system.
20 "Psychotropic medication" means psychotropic medication
21 as defined in Section 1-121.1 of the Mental Health and
22 Developmental Disabilities Code.
23 (b) Each school board must adopt and implement a policy
24 that prohibits any disciplinary action that is based totally
25 or in part on the refusal of a student's parent or guardian
26 to administer or consent to the administration of
27 psychotropic or psychostimulant medication to the student.
28 The policy must require that, at least once every 2
29 years, the in-service training of certified school personnel
30 and administrators include training on current best practices
31 regarding the identification and treatment of attention
32 deficit disorder and attention deficit hyperactivity
33 disorder, the application of non-aversive behavioral
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1 interventions in the school environment, and the use of
2 psychotropic or psychostimulant medication for school-age
3 children.
4 (c) This Section does not prohibit school medical staff,
5 an individualized educational program team, or a professional
6 worker (as defined in Section 14-1.10 of this Code) from
7 recommending that a student be evaluated by an appropriate
8 medical practitioner or prohibit school personnel from
9 consulting with the practitioner with the consent of the
10 student's parents or guardian.
11 (Source: P.A. 92-663, eff. 1-1-03; revised 9-3-02.)
12 (105 ILCS 5/10-22.20) (from Ch. 122, par. 10-22.20)
13 Sec. 10-22.20. Classes for adults and youths whose
14 schooling has been interrupted; conditions for State
15 reimbursement; use of child care facilities.
16 (a) To establish special classes for the instruction (1)
17 of persons of age 21 years or over, and (2) of persons less
18 than age 21 and not otherwise in attendance in public school,
19 for the purpose of providing adults in the community, and
20 youths whose schooling has been interrupted, with such
21 additional basic education, vocational skill training, and
22 other instruction as may be necessary to increase their
23 qualifications for employment or other means of self-support
24 and their ability to meet their responsibilities as citizens
25 including courses of instruction regularly accepted for
26 graduation from elementary or high schools and for
27 Americanization and General Educational Development Review
28 classes.
29 The board shall pay the necessary expenses of such
30 classes out of school funds of the district, including costs
31 of student transportation and such facilities or provision
32 for child-care as may be necessary in the judgment of the
33 board to permit maximum utilization of the courses by
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1 students with children, and other special needs of the
2 students directly related to such instruction. The expenses
3 thus incurred shall be subject to State reimbursement, as
4 provided in this Section. The board may make a tuition
5 charge for persons taking instruction who are not subject to
6 State reimbursement, such tuition charge not to exceed the
7 per capita cost of such classes.
8 The cost of such instruction, including the additional
9 expenses herein authorized, incurred for recipients of
10 financial aid under the Illinois Public Aid Code, or for
11 persons for whom education and training aid has been
12 authorized under Section 9-8 of that Code, shall be assumed
13 in its entirety from funds appropriated by the State to the
14 Illinois Community College Board.
15 (b) The Illinois Community College Board shall establish
16 the standards for the courses of instruction reimbursed under
17 this Section. The Illinois Community College Board shall
18 supervise the administration of the programs. The Illinois
19 Community College Board shall determine the cost of
20 instruction in accordance with standards established by the
21 the Illinois Community College Board, including therein other
22 incidental costs as herein authorized, which shall serve as
23 the basis of State reimbursement in accordance with the
24 provisions of this Section. In the approval of programs and
25 the determination of the cost of instruction, the Illinois
26 Community College Board shall provide for the maximum
27 utilization of federal funds for such programs. The Illinois
28 Community College Board shall also provide for:
29 (1) the development of an index of need for program
30 planning and for area funding allocations, as defined by
31 the Illinois Community College Board;
32 (2) the method for calculating hours of
33 instruction, as defined by the Illinois Community College
34 Board, claimable for reimbursement and a method to phase
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1 in the calculation and for adjusting the calculations in
2 cases where the services of a program are interrupted due
3 to circumstances beyond the control of the program
4 provider;
5 (3) a plan for the reallocation of funds to
6 increase the amount allocated for grants based upon
7 program performance as set forth in subsection (d) below;
8 and
9 (4) the development of standards for determining
10 grants based upon performance as set forth in subsection
11 (d) below and a plan for the phased-in implementation of
12 those standards.
13 For instruction provided by school districts and
14 community college districts beginning July 1, 1996 and
15 thereafter, reimbursement provided by the Illinois Community
16 College Board for classes authorized by this Section shall be
17 provided from funds appropriated for the reimbursement
18 criteria set forth in subsection (c) below.
19 (c) Upon the annual approval of the Illinois Community
20 College Board, reimbursement shall be first provided for
21 transportation, child care services, and other special needs
22 of the students directly related to instruction and then from
23 the funds remaining an amount equal to the product of the
24 total credit hours or units of instruction approved by the
25 Illinois Community College Board, multiplied by the
26 following:
27 (1) For adult basic education, the maximum
28 reimbursement per credit hour or per unit of instruction
29 shall be equal to the general state aid per pupil
30 foundation level established in subsection (B) of Section
31 18-8.05, divided by 60;
32 (2) The maximum reimbursement per credit hour or
33 per unit of instruction in subparagraph (1) above shall
34 be weighted for students enrolled in classes defined as
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1 vocational skills and approved by the Illinois Community
2 College Board by 1.25;
3 (3) The maximum reimbursement per credit hour or
4 per unit of instruction in subparagraph (1) above shall
5 be multiplied by .90 for students enrolled in classes
6 defined as adult secondary education programs and
7 approved by the Illinois Community College Board;
8 (4) For community college districts the maximum
9 reimbursement per credit hour in subparagraphs (1), (2),
10 and (3) above shall be reduced by the Adult Basic
11 Education/Adult Secondary Education/English As A Second
12 Language credit hour grant rate prescribed in Section
13 2-16.02 of the Public Community College Act, as pro-rated
14 to the appropriation level; and
15 (5) Programs receiving funds under the formula that
16 was in effect during the 1994-1995 program year which
17 continue to be approved and which generate at least 80%
18 of the hours claimable in 1994-95, or in the case of
19 programs not approved in 1994-95 at least 80% of the
20 hours claimable in 1995-96, shall have funding for
21 subsequent years based upon 100% of the 1995-96 formula
22 funding level for 1996-97, 90% of the 1995-96 formula
23 funding level for 1997-98, 80% of the 1995-96 formula
24 funding level for 1998-99, and 70% of the 1995-96 formula
25 funding level for 1999-2000. For any approved program
26 which generates less than 80% of the claimable hours in
27 its base year, the level of funding pursuant to this
28 paragraph shall be reduced proportionately. Funding for
29 program years after 1999-2000 shall be determined by the
30 Illinois Community College Board.
31 (d) Upon its annual approval,, the Illinois Community
32 College Board shall provide grants to eligible programs for
33 supplemental activities to improve or expand services under
34 the Adult Education Act. Eligible programs shall be
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1 determined based upon performance outcomes of students in the
2 programs as set by the Illinois Community College Board.
3 (e) Reimbursement under this Section shall not exceed
4 the actual costs of the approved program.
5 If the amount appropriated to the Illinois Community
6 College Board for reimbursement under this Section is less
7 than the amount required under this Act, the apportionment
8 shall be proportionately reduced.
9 School districts and community college districts may
10 assess students up to $3.00 per credit hour, for classes
11 other than Adult Basic Education level programs, if needed to
12 meet program costs.
13 (f) An education plan shall be established for each
14 adult or youth whose schooling has been interrupted and who
15 is participating in the instructional programs provided under
16 this Section.
17 Each school board and community college shall keep an
18 accurate and detailed account of the students assigned to and
19 receiving instruction under this Section who are subject to
20 State reimbursement and shall submit reports of services
21 provided commencing with fiscal year 1997 as required by the
22 Illinois Community College Board.
23 For classes authorized under this Section, a credit hour
24 or unit of instruction is equal to 15 hours of direct
25 instruction for students enrolled in approved adult education
26 programs at midterm and making satisfactory progress, in
27 accordance with standards established by the Illinois
28 Community College Board.
29 (g) Upon proof submitted to the Illinois Department of
30 Human Services of the payment of all claims submitted under
31 this Section, that Department shall apply for federal funds
32 made available therefor and any federal funds so received
33 shall be paid into the General Revenue Fund in the State
34 Treasury.
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1 School districts or community colleges providing classes
2 under this Section shall submit applications to the Illinois
3 Community College Board for preapproval in accordance with
4 the standards established by the Illinois Community College
5 Board. Payments shall be made by the Illinois Community
6 College Board based upon approved programs. Interim
7 expenditure reports may be required by the Illinois Community
8 College Board. Final claims for the school year shall be
9 submitted to the regional superintendents for transmittal to
10 the Illinois Community College Board. Final adjusted
11 payments shall be made by September 30.
12 If a school district or community college district fails
13 to provide, or is providing unsatisfactory or insufficient
14 classes under this Section, the Illinois Community College
15 Board may enter into agreements with public or private
16 educational or other agencies other than the public schools
17 for the establishment of such classes.
18 (h) If a school district or community college district
19 establishes child-care facilities for the children of
20 participants in classes established under this Section, it
21 may extend the use of these facilities to students who have
22 obtained employment and to other persons in the community
23 whose children require care and supervision while the parent
24 or other person in charge of the children is employed or
25 otherwise absent from the home during all or part of the day.
26 It may make the facilities available before and after as well
27 as during regular school hours to school age and preschool
28 age children who may benefit thereby, including children who
29 require care and supervision pending the return of their
30 parent or other person in charge of their care from
31 employment or other activity requiring absence from the home.
32 The Illinois Community College Board shall pay to the
33 board the cost of care in the facilities for any child who is
34 a recipient of financial aid under the Illinois Public Aid
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1 Code.
2 The board may charge for care of children for whom it
3 cannot make claim under the provisions of this Section. The
4 charge shall not exceed per capita cost, and to the extent
5 feasible, shall be fixed at a level which will permit
6 utilization by employed parents of low or moderate income.
7 It may also permit any other State or local governmental
8 agency or private agency providing care for children to
9 purchase care.
10 After July 1, 1970 when the provisions of Section
11 10-20.20 become operative in the district, children in a
12 child-care facility shall be transferred to the kindergarten
13 established under that Section for such portion of the day as
14 may be required for the kindergarten program, and only the
15 prorated costs of care and training provided in the Center
16 for the remaining period shall be charged to the Illinois
17 Department of Human Services or other persons or agencies
18 paying for such care.
19 (i) The provisions of this Section shall also apply to
20 school districts having a population exceeding 500,000.
21 (j) In addition to claiming reimbursement under this
22 Section, a school district may claim general State aid under
23 Section 18-8.05 for any student under age 21 who is enrolled
24 in courses accepted for graduation from elementary or high
25 school and who otherwise meets the requirements of Section
26 18-8.05.
27 (Source: P.A. 90-14, eff. 7-1-97; 90-548, eff. 1-1-98;
28 90-802, eff. 12-15-98; 91-830, eff. 7-1-01; revised 2-17-03.)
29 (105 ILCS 5/18-8.05)
30 Sec. 18-8.05. Basis for apportionment of general State
31 financial aid and supplemental general State aid to the
32 common schools for the 1998-1999 and subsequent school years.
33 (A) General Provisions.
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1 (1) The provisions of this Section apply to the
2 1998-1999 and subsequent school years. The system of general
3 State financial aid provided for in this Section is designed
4 to assure that, through a combination of State financial aid
5 and required local resources, the financial support provided
6 each pupil in Average Daily Attendance equals or exceeds a
7 prescribed per pupil Foundation Level. This formula approach
8 imputes a level of per pupil Available Local Resources and
9 provides for the basis to calculate a per pupil level of
10 general State financial aid that, when added to Available
11 Local Resources, equals or exceeds the Foundation Level. The
12 amount of per pupil general State financial aid for school
13 districts, in general, varies in inverse relation to
14 Available Local Resources. Per pupil amounts are based upon
15 each school district's Average Daily Attendance as that term
16 is defined in this Section.
17 (2) In addition to general State financial aid, school
18 districts with specified levels or concentrations of pupils
19 from low income households are eligible to receive
20 supplemental general State financial aid grants as provided
21 pursuant to subsection (H). The supplemental State aid grants
22 provided for school districts under subsection (H) shall be
23 appropriated for distribution to school districts as part of
24 the same line item in which the general State financial aid
25 of school districts is appropriated under this Section.
26 (3) To receive financial assistance under this Section,
27 school districts are required to file claims with the State
28 Board of Education, subject to the following requirements:
29 (a) Any school district which fails for any given
30 school year to maintain school as required by law, or to
31 maintain a recognized school is not eligible to file for
32 such school year any claim upon the Common School Fund.
33 In case of nonrecognition of one or more attendance
34 centers in a school district otherwise operating
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1 recognized schools, the claim of the district shall be
2 reduced in the proportion which the Average Daily
3 Attendance in the attendance center or centers bear to
4 the Average Daily Attendance in the school district. A
5 "recognized school" means any public school which meets
6 the standards as established for recognition by the State
7 Board of Education. A school district or attendance
8 center not having recognition status at the end of a
9 school term is entitled to receive State aid payments due
10 upon a legal claim which was filed while it was
11 recognized.
12 (b) School district claims filed under this Section
13 are subject to Sections 18-9, 18-10, and 18-12, except as
14 otherwise provided in this Section.
15 (c) If a school district operates a full year
16 school under Section 10-19.1, the general State aid to
17 the school district shall be determined by the State
18 Board of Education in accordance with this Section as
19 near as may be applicable.
20 (d) (Blank).
21 (4) Except as provided in subsections (H) and (L), the
22 board of any district receiving any of the grants provided
23 for in this Section may apply those funds to any fund so
24 received for which that board is authorized to make
25 expenditures by law.
26 School districts are not required to exert a minimum
27 Operating Tax Rate in order to qualify for assistance under
28 this Section.
29 (5) As used in this Section the following terms, when
30 capitalized, shall have the meaning ascribed herein:
31 (a) "Average Daily Attendance": A count of pupil
32 attendance in school, averaged as provided for in
33 subsection (C) and utilized in deriving per pupil
34 financial support levels.
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1 (b) "Available Local Resources": A computation of
2 local financial support, calculated on the basis of
3 Average Daily Attendance and derived as provided pursuant
4 to subsection (D).
5 (c) "Corporate Personal Property Replacement
6 Taxes": Funds paid to local school districts pursuant to
7 "An Act in relation to the abolition of ad valorem
8 personal property tax and the replacement of revenues
9 lost thereby, and amending and repealing certain Acts and
10 parts of Acts in connection therewith", certified August
11 14, 1979, as amended (Public Act 81-1st S.S.-1).
12 (d) "Foundation Level": A prescribed level of per
13 pupil financial support as provided for in subsection
14 (B).
15 (e) "Operating Tax Rate": All school district
16 property taxes extended for all purposes, except Bond and
17 Interest, Summer School, Rent, Capital Improvement, and
18 Vocational Education Building purposes.
19 (B) Foundation Level.
20 (1) The Foundation Level is a figure established by the
21 State representing the minimum level of per pupil financial
22 support that should be available to provide for the basic
23 education of each pupil in Average Daily Attendance. As set
24 forth in this Section, each school district is assumed to
25 exert a sufficient local taxing effort such that, in
26 combination with the aggregate of general State financial aid
27 provided the district, an aggregate of State and local
28 resources are available to meet the basic education needs of
29 pupils in the district.
30 (2) For the 1998-1999 school year, the Foundation Level
31 of support is $4,225. For the 1999-2000 school year, the
32 Foundation Level of support is $4,325. For the 2000-2001
33 school year, the Foundation Level of support is $4,425.
34 (3) For the 2001-2002 school year and each school year
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1 thereafter, the Foundation Level of support is $4,560 or such
2 greater amount as may be established by law by the General
3 Assembly.
4 (C) Average Daily Attendance.
5 (1) For purposes of calculating general State aid
6 pursuant to subsection (E), an Average Daily Attendance
7 figure shall be utilized. The Average Daily Attendance
8 figure for formula calculation purposes shall be the monthly
9 average of the actual number of pupils in attendance of each
10 school district, as further averaged for the best 3 months of
11 pupil attendance for each school district. In compiling the
12 figures for the number of pupils in attendance, school
13 districts and the State Board of Education shall, for
14 purposes of general State aid funding, conform attendance
15 figures to the requirements of subsection (F).
16 (2) The Average Daily Attendance figures utilized in
17 subsection (E) shall be the requisite attendance data for the
18 school year immediately preceding the school year for which
19 general State aid is being calculated or the average of the
20 attendance data for the 3 preceding school years, whichever
21 is greater. The Average Daily Attendance figures utilized in
22 subsection (H) shall be the requisite attendance data for the
23 school year immediately preceding the school year for which
24 general State aid is being calculated.
25 (D) Available Local Resources.
26 (1) For purposes of calculating general State aid
27 pursuant to subsection (E), a representation of Available
28 Local Resources per pupil, as that term is defined and
29 determined in this subsection, shall be utilized. Available
30 Local Resources per pupil shall include a calculated dollar
31 amount representing local school district revenues from local
32 property taxes and from Corporate Personal Property
33 Replacement Taxes, expressed on the basis of pupils in
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1 Average Daily Attendance.
2 (2) In determining a school district's revenue from
3 local property taxes, the State Board of Education shall
4 utilize the equalized assessed valuation of all taxable
5 property of each school district as of September 30 of the
6 previous year. The equalized assessed valuation utilized
7 shall be obtained and determined as provided in subsection
8 (G).
9 (3) For school districts maintaining grades kindergarten
10 through 12, local property tax revenues per pupil shall be
11 calculated as the product of the applicable equalized
12 assessed valuation for the district multiplied by 3.00%, and
13 divided by the district's Average Daily Attendance figure.
14 For school districts maintaining grades kindergarten through
15 8, local property tax revenues per pupil shall be calculated
16 as the product of the applicable equalized assessed valuation
17 for the district multiplied by 2.30%, and divided by the
18 district's Average Daily Attendance figure. For school
19 districts maintaining grades 9 through 12, local property tax
20 revenues per pupil shall be the applicable equalized assessed
21 valuation of the district multiplied by 1.05%, and divided by
22 the district's Average Daily Attendance figure.
23 (4) The Corporate Personal Property Replacement Taxes
24 paid to each school district during the calendar year 2 years
25 before the calendar year in which a school year begins,
26 divided by the Average Daily Attendance figure for that
27 district, shall be added to the local property tax revenues
28 per pupil as derived by the application of the immediately
29 preceding paragraph (3). The sum of these per pupil figures
30 for each school district shall constitute Available Local
31 Resources as that term is utilized in subsection (E) in the
32 calculation of general State aid.
33 (E) Computation of General State Aid.
34 (1) For each school year, the amount of general State
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1 aid allotted to a school district shall be computed by the
2 State Board of Education as provided in this subsection.
3 (2) For any school district for which Available Local
4 Resources per pupil is less than the product of 0.93 times
5 the Foundation Level, general State aid for that district
6 shall be calculated as an amount equal to the Foundation
7 Level minus Available Local Resources, multiplied by the
8 Average Daily Attendance of the school district.
9 (3) For any school district for which Available Local
10 Resources per pupil is equal to or greater than the product
11 of 0.93 times the Foundation Level and less than the product
12 of 1.75 times the Foundation Level, the general State aid per
13 pupil shall be a decimal proportion of the Foundation Level
14 derived using a linear algorithm. Under this linear
15 algorithm, the calculated general State aid per pupil shall
16 decline in direct linear fashion from 0.07 times the
17 Foundation Level for a school district with Available Local
18 Resources equal to the product of 0.93 times the Foundation
19 Level, to 0.05 times the Foundation Level for a school
20 district with Available Local Resources equal to the product
21 of 1.75 times the Foundation Level. The allocation of
22 general State aid for school districts subject to this
23 paragraph 3 shall be the calculated general State aid per
24 pupil figure multiplied by the Average Daily Attendance of
25 the school district.
26 (4) For any school district for which Available Local
27 Resources per pupil equals or exceeds the product of 1.75
28 times the Foundation Level, the general State aid for the
29 school district shall be calculated as the product of $218
30 multiplied by the Average Daily Attendance of the school
31 district.
32 (5) The amount of general State aid allocated to a
33 school district for the 1999-2000 school year meeting the
34 requirements set forth in paragraph (4) of subsection (G)
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1 shall be increased by an amount equal to the general State
2 aid that would have been received by the district for the
3 1998-1999 school year by utilizing the Extension Limitation
4 Equalized Assessed Valuation as calculated in paragraph (4)
5 of subsection (G) less the general State aid allotted for the
6 1998-1999 school year. This amount shall be deemed a one
7 time increase, and shall not affect any future general State
8 aid allocations.
9 (F) Compilation of Average Daily Attendance.
10 (1) Each school district shall, by July 1 of each year,
11 submit to the State Board of Education, on forms prescribed
12 by the State Board of Education, attendance figures for the
13 school year that began in the preceding calendar year. The
14 attendance information so transmitted shall identify the
15 average daily attendance figures for each month of the school
16 year. Beginning with the general State aid claim form for
17 the 2002-2003 school year, districts shall calculate Average
18 Daily Attendance as provided in subdivisions (a), (b), and
19 (c) of this paragraph (1).
20 (a) In districts that do not hold year-round
21 classes, days of attendance in August shall be added to
22 the month of September and any days of attendance in June
23 shall be added to the month of May.
24 (b) In districts in which all buildings hold
25 year-round classes, days of attendance in July and August
26 shall be added to the month of September and any days of
27 attendance in June shall be added to the month of May.
28 (c) In districts in which some buildings, but not
29 all, hold year-round classes, for the non-year-round
30 buildings, days of attendance in August shall be added to
31 the month of September and any days of attendance in June
32 shall be added to the month of May. The average daily
33 attendance for the year-round buildings shall be computed
34 as provided in subdivision (b) of this paragraph (1). To
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1 calculate the Average Daily Attendance for the district,
2 the average daily attendance for the year-round buildings
3 shall be multiplied by the days in session for the
4 non-year-round buildings for each month and added to the
5 monthly attendance of the non-year-round buildings.
6 Except as otherwise provided in this Section, days of
7 attendance by pupils shall be counted only for sessions of
8 not less than 5 clock hours of school work per day under
9 direct supervision of: (i) teachers, or (ii) non-teaching
10 personnel or volunteer personnel when engaging in
11 non-teaching duties and supervising in those instances
12 specified in subsection (a) of Section 10-22.34 and paragraph
13 10 of Section 34-18, with pupils of legal school age and in
14 kindergarten and grades 1 through 12.
15 Days of attendance by tuition pupils shall be accredited
16 only to the districts that pay the tuition to a recognized
17 school.
18 (2) Days of attendance by pupils of less than 5 clock
19 hours of school shall be subject to the following provisions
20 in the compilation of Average Daily Attendance.
21 (a) Pupils regularly enrolled in a public school
22 for only a part of the school day may be counted on the
23 basis of 1/6 day for every class hour of instruction of
24 40 minutes or more attended pursuant to such enrollment,
25 unless a pupil is enrolled in a block-schedule format of
26 80 minutes or more of instruction, in which case the
27 pupil may be counted on the basis of the proportion of
28 minutes of school work completed each day to the minimum
29 number of minutes that school work is required to be held
30 that day.
31 (b) Days of attendance may be less than 5 clock
32 hours on the opening and closing of the school term, and
33 upon the first day of pupil attendance, if preceded by a
34 day or days utilized as an institute or teachers'
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1 workshop.
2 (c) A session of 4 or more clock hours may be
3 counted as a day of attendance upon certification by the
4 regional superintendent, and approved by the State
5 Superintendent of Education to the extent that the
6 district has been forced to use daily multiple sessions.
7 (d) A session of 3 or more clock hours may be
8 counted as a day of attendance (1) when the remainder of
9 the school day or at least 2 hours in the evening of that
10 day is utilized for an in-service training program for
11 teachers, up to a maximum of 5 days per school year of
12 which a maximum of 4 days of such 5 days may be used for
13 parent-teacher conferences, provided a district conducts
14 an in-service training program for teachers which has
15 been approved by the State Superintendent of Education;
16 or, in lieu of 4 such days, 2 full days may be used, in
17 which event each such day may be counted as a day of
18 attendance; and (2) when days in addition to those
19 provided in item (1) are scheduled by a school pursuant
20 to its school improvement plan adopted under Article 34
21 or its revised or amended school improvement plan adopted
22 under Article 2, provided that (i) such sessions of 3 or
23 more clock hours are scheduled to occur at regular
24 intervals, (ii) the remainder of the school days in which
25 such sessions occur are utilized for in-service training
26 programs or other staff development activities for
27 teachers, and (iii) a sufficient number of minutes of
28 school work under the direct supervision of teachers are
29 added to the school days between such regularly scheduled
30 sessions to accumulate not less than the number of
31 minutes by which such sessions of 3 or more clock hours
32 fall short of 5 clock hours. Any full days used for the
33 purposes of this paragraph shall not be considered for
34 computing average daily attendance. Days scheduled for
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1 in-service training programs, staff development
2 activities, or parent-teacher conferences may be
3 scheduled separately for different grade levels and
4 different attendance centers of the district.
5 (e) A session of not less than one clock hour of
6 teaching hospitalized or homebound pupils on-site or by
7 telephone to the classroom may be counted as 1/2 day of
8 attendance, however these pupils must receive 4 or more
9 clock hours of instruction to be counted for a full day
10 of attendance.
11 (f) A session of at least 4 clock hours may be
12 counted as a day of attendance for first grade pupils,
13 and pupils in full day kindergartens, and a session of 2
14 or more hours may be counted as 1/2 day of attendance by
15 pupils in kindergartens which provide only 1/2 day of
16 attendance.
17 (g) For children with disabilities who are below
18 the age of 6 years and who cannot attend 2 or more clock
19 hours because of their disability or immaturity, a
20 session of not less than one clock hour may be counted as
21 1/2 day of attendance; however for such children whose
22 educational needs so require a session of 4 or more clock
23 hours may be counted as a full day of attendance.
24 (h) A recognized kindergarten which provides for
25 only 1/2 day of attendance by each pupil shall not have
26 more than 1/2 day of attendance counted in any one day.
27 However, kindergartens may count 2 1/2 days of attendance
28 in any 5 consecutive school days. When a pupil attends
29 such a kindergarten for 2 half days on any one school
30 day, the pupil shall have the following day as a day
31 absent from school, unless the school district obtains
32 permission in writing from the State Superintendent of
33 Education. Attendance at kindergartens which provide for
34 a full day of attendance by each pupil shall be counted
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1 the same as attendance by first grade pupils. Only the
2 first year of attendance in one kindergarten shall be
3 counted, except in case of children who entered the
4 kindergarten in their fifth year whose educational
5 development requires a second year of kindergarten as
6 determined under the rules and regulations of the State
7 Board of Education.
8 (G) Equalized Assessed Valuation Data.
9 (1) For purposes of the calculation of Available Local
10 Resources required pursuant to subsection (D), the State
11 Board of Education shall secure from the Department of
12 Revenue the value as equalized or assessed by the Department
13 of Revenue of all taxable property of every school district,
14 together with (i) the applicable tax rate used in extending
15 taxes for the funds of the district as of September 30 of the
16 previous year and (ii) the limiting rate for all school
17 districts subject to property tax extension limitations as
18 imposed under the Property Tax Extension Limitation Law.
19 This equalized assessed valuation, as adjusted further by
20 the requirements of this subsection, shall be utilized in the
21 calculation of Available Local Resources.
22 (2) The equalized assessed valuation in paragraph (1)
23 shall be adjusted, as applicable, in the following manner:
24 (a) For the purposes of calculating State aid under
25 this Section, with respect to any part of a school
26 district within a redevelopment project area in respect
27 to which a municipality has adopted tax increment
28 allocation financing pursuant to the Tax Increment
29 Allocation Redevelopment Act, Sections 11-74.4-1 through
30 11-74.4-11 of the Illinois Municipal Code or the
31 Industrial Jobs Recovery Law, Sections 11-74.6-1 through
32 11-74.6-50 of the Illinois Municipal Code, no part of the
33 current equalized assessed valuation of real property
34 located in any such project area which is attributable to
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1 an increase above the total initial equalized assessed
2 valuation of such property shall be used as part of the
3 equalized assessed valuation of the district, until such
4 time as all redevelopment project costs have been paid,
5 as provided in Section 11-74.4-8 of the Tax Increment
6 Allocation Redevelopment Act or in Section 11-74.6-35 of
7 the Industrial Jobs Recovery Law. For the purpose of the
8 equalized assessed valuation of the district, the total
9 initial equalized assessed valuation or the current
10 equalized assessed valuation, whichever is lower, shall
11 be used until such time as all redevelopment project
12 costs have been paid.
13 (b) The real property equalized assessed valuation
14 for a school district shall be adjusted by subtracting
15 from the real property value as equalized or assessed by
16 the Department of Revenue for the district an amount
17 computed by dividing the amount of any abatement of taxes
18 under Section 18-170 of the Property Tax Code by 3.00%
19 for a district maintaining grades kindergarten through
20 12, by 2.30% for a district maintaining grades
21 kindergarten through 8, or by 1.05% for a district
22 maintaining grades 9 through 12 and adjusted by an amount
23 computed by dividing the amount of any abatement of taxes
24 under subsection (a) of Section 18-165 of the Property
25 Tax Code by the same percentage rates for district type
26 as specified in this subparagraph (b).
27 (3) For the 1999-2000 school year and each school year
28 thereafter, if a school district meets all of the criteria of
29 this subsection (G)(3), the school district's Available Local
30 Resources shall be calculated under subsection (D) using the
31 district's Extension Limitation Equalized Assessed Valuation
32 as calculated under this subsection (G)(3).
33 For purposes of this subsection (G)(3) the following
34 terms shall have the following meanings:
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1 "Budget Year": The school year for which general
2 State aid is calculated and awarded under subsection (E).
3 "Base Tax Year": The property tax levy year used to
4 calculate the Budget Year allocation of general State
5 aid.
6 "Preceding Tax Year": The property tax levy year
7 immediately preceding the Base Tax Year.
8 "Base Tax Year's Tax Extension": The product of the
9 equalized assessed valuation utilized by the County Clerk
10 in the Base Tax Year multiplied by the limiting rate as
11 calculated by the County Clerk and defined in the
12 Property Tax Extension Limitation Law.
13 "Preceding Tax Year's Tax Extension": The product of
14 the equalized assessed valuation utilized by the County
15 Clerk in the Preceding Tax Year multiplied by the
16 Operating Tax Rate as defined in subsection (A).
17 "Extension Limitation Ratio": A numerical ratio,
18 certified by the County Clerk, in which the numerator is
19 the Base Tax Year's Tax Extension and the denominator is
20 the Preceding Tax Year's Tax Extension.
21 "Operating Tax Rate": The operating tax rate as
22 defined in subsection (A).
23 If a school district is subject to property tax extension
24 limitations as imposed under the Property Tax Extension
25 Limitation Law, the State Board of Education shall calculate
26 the Extension Limitation Equalized Assessed Valuation of that
27 district. For the 1999-2000 school year, the Extension
28 Limitation Equalized Assessed Valuation of a school district
29 as calculated by the State Board of Education shall be equal
30 to the product of the district's 1996 Equalized Assessed
31 Valuation and the district's Extension Limitation Ratio. For
32 the 2000-2001 school year and each school year thereafter,
33 the Extension Limitation Equalized Assessed Valuation of a
34 school district as calculated by the State Board of Education
-222- LRB093 05878 EFG 05971 b
1 shall be equal to the product of the Equalized Assessed
2 Valuation last used in the calculation of general State aid
3 and the district's Extension Limitation Ratio. If the
4 Extension Limitation Equalized Assessed Valuation of a school
5 district as calculated under this subsection (G)(3) is less
6 than the district's equalized assessed valuation as
7 calculated pursuant to subsections (G)(1) and (G)(2), then
8 for purposes of calculating the district's general State aid
9 for the Budget Year pursuant to subsection (E), that
10 Extension Limitation Equalized Assessed Valuation shall be
11 utilized to calculate the district's Available Local
12 Resources under subsection (D).
13 (4) For the purposes of calculating general State aid
14 for the 1999-2000 school year only, if a school district
15 experienced a triennial reassessment on the equalized
16 assessed valuation used in calculating its general State
17 financial aid apportionment for the 1998-1999 school year,
18 the State Board of Education shall calculate the Extension
19 Limitation Equalized Assessed Valuation that would have been
20 used to calculate the district's 1998-1999 general State aid.
21 This amount shall equal the product of the equalized assessed
22 valuation used to calculate general State aid for the
23 1997-1998 school year and the district's Extension Limitation
24 Ratio. If the Extension Limitation Equalized Assessed
25 Valuation of the school district as calculated under this
26 paragraph (4) is less than the district's equalized assessed
27 valuation utilized in calculating the district's 1998-1999
28 general State aid allocation, then for purposes of
29 calculating the district's general State aid pursuant to
30 paragraph (5) of subsection (E), that Extension Limitation
31 Equalized Assessed Valuation shall be utilized to calculate
32 the district's Available Local Resources.
33 (5) For school districts having a majority of their
34 equalized assessed valuation in any county except Cook,
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1 DuPage, Kane, Lake, McHenry, or Will, if the amount of
2 general State aid allocated to the school district for the
3 1999-2000 school year under the provisions of subsection (E),
4 (H), and (J) of this Section is less than the amount of
5 general State aid allocated to the district for the 1998-1999
6 school year under these subsections, then the general State
7 aid of the district for the 1999-2000 school year only shall
8 be increased by the difference between these amounts. The
9 total payments made under this paragraph (5) shall not exceed
10 $14,000,000. Claims shall be prorated if they exceed
11 $14,000,000.
12 (H) Supplemental General State Aid.
13 (1) In addition to the general State aid a school
14 district is allotted pursuant to subsection (E), qualifying
15 school districts shall receive a grant, paid in conjunction
16 with a district's payments of general State aid, for
17 supplemental general State aid based upon the concentration
18 level of children from low-income households within the
19 school district. Supplemental State aid grants provided for
20 school districts under this subsection shall be appropriated
21 for distribution to school districts as part of the same line
22 item in which the general State financial aid of school
23 districts is appropriated under this Section. For purposes of
24 this subsection, the term "Low-Income Concentration Level"
25 shall be the low-income eligible pupil count from the most
26 recently available federal census divided by the Average
27 Daily Attendance of the school district. If, however, (i) the
28 percentage decrease from the 2 most recent federal censuses
29 in the low-income eligible pupil count of a high school
30 district with fewer than 400 students exceeds by 75% or more
31 the percentage change in the total low-income eligible pupil
32 count of contiguous elementary school districts, whose
33 boundaries are coterminous with the high school district, or
34 (ii) a high school district within 2 counties and serving 5
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1 elementary school districts, whose boundaries are coterminous
2 with the high school district, has a percentage decrease from
3 the 2 most recent federal censuses in the low-income eligible
4 pupil count and there is a percentage increase in the total
5 low-income eligible pupil count of a majority of the
6 elementary school districts in excess of 50% from the 2 most
7 recent federal censuses, then the high school district's
8 low-income eligible pupil count from the earlier federal
9 census shall be the number used as the low-income eligible
10 pupil count for the high school district, for purposes of
11 this subsection (H). The changes made to this paragraph (1)
12 by Public Act 92-28 shall apply to supplemental general State
13 aid grants paid in fiscal year 1999 and in each fiscal year
14 thereafter and to any State aid payments made in fiscal year
15 1994 through fiscal year 1998 pursuant to subsection 1(n) of
16 Section 18-8 of this Code (which was repealed on July 1,
17 1998), and any high school district that is affected by
18 Public Act 92-28 is entitled to a recomputation of its
19 supplemental general State aid grant or State aid paid in any
20 of those fiscal years. This recomputation shall not be
21 affected by any other funding.
22 (2) Supplemental general State aid pursuant to this
23 subsection (H) shall be provided as follows for the
24 1998-1999, 1999-2000, and 2000-2001 school years only:
25 (a) For any school district with a Low Income
26 Concentration Level of at least 20% and less than 35%,
27 the grant for any school year shall be $800 multiplied by
28 the low income eligible pupil count.
29 (b) For any school district with a Low Income
30 Concentration Level of at least 35% and less than 50%,
31 the grant for the 1998-1999 school year shall be $1,100
32 multiplied by the low income eligible pupil count.
33 (c) For any school district with a Low Income
34 Concentration Level of at least 50% and less than 60%,
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1 the grant for the 1998-99 school year shall be $1,500
2 multiplied by the low income eligible pupil count.
3 (d) For any school district with a Low Income
4 Concentration Level of 60% or more, the grant for the
5 1998-99 school year shall be $1,900 multiplied by the low
6 income eligible pupil count.
7 (e) For the 1999-2000 school year, the per pupil
8 amount specified in subparagraphs (b), (c), and (d)
9 immediately above shall be increased to $1,243, $1,600,
10 and $2,000, respectively.
11 (f) For the 2000-2001 school year, the per pupil
12 amounts specified in subparagraphs (b), (c), and (d)
13 immediately above shall be $1,273, $1,640, and $2,050,
14 respectively.
15 (2.5) Supplemental general State aid pursuant to this
16 subsection (H) shall be provided as follows for the 2002-2003
17 school year and each school year thereafter:
18 (a) For any school district with a Low Income
19 Concentration Level of less than 10%, the grant for each
20 school year shall be $355 multiplied by the low income
21 eligible pupil count.
22 (b) For any school district with a Low Income
23 Concentration Level of at least 10% and less than 20%,
24 the grant for each school year shall be $675 multiplied
25 by the low income eligible pupil count.
26 (c) For any school district with a Low Income
27 Concentration Level of at least 20% and less than 35%,
28 the grant for each school year shall be $1,330 multiplied
29 by the low income eligible pupil count.
30 (d) For any school district with a Low Income
31 Concentration Level of at least 35% and less than 50%,
32 the grant for each school year shall be $1,362 multiplied
33 by the low income eligible pupil count.
34 (e) For any school district with a Low Income
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1 Concentration Level of at least 50% and less than 60%,
2 the grant for each school year shall be $1,680 multiplied
3 by the low income eligible pupil count.
4 (f) For any school district with a Low Income
5 Concentration Level of 60% or more, the grant for each
6 school year shall be $2,080 multiplied by the low income
7 eligible pupil count.
8 (3) School districts with an Average Daily Attendance of
9 more than 1,000 and less than 50,000 that qualify for
10 supplemental general State aid pursuant to this subsection
11 shall submit a plan to the State Board of Education prior to
12 October 30 of each year for the use of the funds resulting
13 from this grant of supplemental general State aid for the
14 improvement of instruction in which priority is given to
15 meeting the education needs of disadvantaged children. Such
16 plan shall be submitted in accordance with rules and
17 regulations promulgated by the State Board of Education.
18 (4) School districts with an Average Daily Attendance of
19 50,000 or more that qualify for supplemental general State
20 aid pursuant to this subsection shall be required to
21 distribute from funds available pursuant to this Section, no
22 less than $261,000,000 in accordance with the following
23 requirements:
24 (a) The required amounts shall be distributed to
25 the attendance centers within the district in proportion
26 to the number of pupils enrolled at each attendance
27 center who are eligible to receive free or reduced-price
28 lunches or breakfasts under the federal Child Nutrition
29 Act of 1966 and under the National School Lunch Act
30 during the immediately preceding school year.
31 (b) The distribution of these portions of
32 supplemental and general State aid among attendance
33 centers according to these requirements shall not be
34 compensated for or contravened by adjustments of the
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1 total of other funds appropriated to any attendance
2 centers, and the Board of Education shall utilize funding
3 from one or several sources in order to fully implement
4 this provision annually prior to the opening of school.
5 (c) Each attendance center shall be provided by the
6 school district a distribution of noncategorical funds
7 and other categorical funds to which an attendance center
8 is entitled under law in order that the general State aid
9 and supplemental general State aid provided by
10 application of this subsection supplements rather than
11 supplants the noncategorical funds and other categorical
12 funds provided by the school district to the attendance
13 centers.
14 (d) Any funds made available under this subsection
15 that by reason of the provisions of this subsection are
16 not required to be allocated and provided to attendance
17 centers may be used and appropriated by the board of the
18 district for any lawful school purpose.
19 (e) Funds received by an attendance center pursuant
20 to this subsection shall be used by the attendance center
21 at the discretion of the principal and local school
22 council for programs to improve educational opportunities
23 at qualifying schools through the following programs and
24 services: early childhood education, reduced class size
25 or improved adult to student classroom ratio, enrichment
26 programs, remedial assistance, attendance improvement,
27 and other educationally beneficial expenditures which
28 supplement the regular and basic programs as determined
29 by the State Board of Education. Funds provided shall not
30 be expended for any political or lobbying purposes as
31 defined by board rule.
32 (f) Each district subject to the provisions of this
33 subdivision (H)(4) shall submit an acceptable plan to
34 meet the educational needs of disadvantaged children, in
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1 compliance with the requirements of this paragraph, to
2 the State Board of Education prior to July 15 of each
3 year. This plan shall be consistent with the decisions of
4 local school councils concerning the school expenditure
5 plans developed in accordance with part 4 of Section
6 34-2.3. The State Board shall approve or reject the plan
7 within 60 days after its submission. If the plan is
8 rejected, the district shall give written notice of
9 intent to modify the plan within 15 days of the
10 notification of rejection and then submit a modified plan
11 within 30 days after the date of the written notice of
12 intent to modify. Districts may amend approved plans
13 pursuant to rules promulgated by the State Board of
14 Education.
15 Upon notification by the State Board of Education
16 that the district has not submitted a plan prior to July
17 15 or a modified plan within the time period specified
18 herein, the State aid funds affected by that plan or
19 modified plan shall be withheld by the State Board of
20 Education until a plan or modified plan is submitted.
21 If the district fails to distribute State aid to
22 attendance centers in accordance with an approved plan,
23 the plan for the following year shall allocate funds, in
24 addition to the funds otherwise required by this
25 subsection, to those attendance centers which were
26 underfunded during the previous year in amounts equal to
27 such underfunding.
28 For purposes of determining compliance with this
29 subsection in relation to the requirements of attendance
30 center funding, each district subject to the provisions
31 of this subsection shall submit as a separate document by
32 December 1 of each year a report of expenditure data for
33 the prior year in addition to any modification of its
34 current plan. If it is determined that there has been a
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1 failure to comply with the expenditure provisions of this
2 subsection regarding contravention or supplanting, the
3 State Superintendent of Education shall, within 60 days
4 of receipt of the report, notify the district and any
5 affected local school council. The district shall within
6 45 days of receipt of that notification inform the State
7 Superintendent of Education of the remedial or corrective
8 action to be taken, whether by amendment of the current
9 plan, if feasible, or by adjustment in the plan for the
10 following year. Failure to provide the expenditure
11 report or the notification of remedial or corrective
12 action in a timely manner shall result in a withholding
13 of the affected funds.
14 The State Board of Education shall promulgate rules
15 and regulations to implement the provisions of this
16 subsection. No funds shall be released under this
17 subdivision (H)(4) to any district that has not submitted
18 a plan that has been approved by the State Board of
19 Education.
20 (I) General State Aid for Newly Configured School Districts.
21 (1) For a new school district formed by combining
22 property included totally within 2 or more previously
23 existing school districts, for its first year of existence
24 the general State aid and supplemental general State aid
25 calculated under this Section shall be computed for the new
26 district and for the previously existing districts for which
27 property is totally included within the new district. If the
28 computation on the basis of the previously existing districts
29 is greater, a supplementary payment equal to the difference
30 shall be made for the first 4 years of existence of the new
31 district.
32 (2) For a school district which annexes all of the
33 territory of one or more entire other school districts, for
34 the first year during which the change of boundaries
-230- LRB093 05878 EFG 05971 b
1 attributable to such annexation becomes effective for all
2 purposes as determined under Section 7-9 or 7A-8, the general
3 State aid and supplemental general State aid calculated under
4 this Section shall be computed for the annexing district as
5 constituted after the annexation and for the annexing and
6 each annexed district as constituted prior to the annexation;
7 and if the computation on the basis of the annexing and
8 annexed districts as constituted prior to the annexation is
9 greater, a supplementary payment equal to the difference
10 shall be made for the first 4 years of existence of the
11 annexing school district as constituted upon such annexation.
12 (3) For 2 or more school districts which annex all of
13 the territory of one or more entire other school districts,
14 and for 2 or more community unit districts which result upon
15 the division (pursuant to petition under Section 11A-2) of
16 one or more other unit school districts into 2 or more parts
17 and which together include all of the parts into which such
18 other unit school district or districts are so divided, for
19 the first year during which the change of boundaries
20 attributable to such annexation or division becomes effective
21 for all purposes as determined under Section 7-9 or 11A-10,
22 as the case may be, the general State aid and supplemental
23 general State aid calculated under this Section shall be
24 computed for each annexing or resulting district as
25 constituted after the annexation or division and for each
26 annexing and annexed district, or for each resulting and
27 divided district, as constituted prior to the annexation or
28 division; and if the aggregate of the general State aid and
29 supplemental general State aid as so computed for the
30 annexing or resulting districts as constituted after the
31 annexation or division is less than the aggregate of the
32 general State aid and supplemental general State aid as so
33 computed for the annexing and annexed districts, or for the
34 resulting and divided districts, as constituted prior to the
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1 annexation or division, then a supplementary payment equal to
2 the difference shall be made and allocated between or among
3 the annexing or resulting districts, as constituted upon such
4 annexation or division, for the first 4 years of their
5 existence. The total difference payment shall be allocated
6 between or among the annexing or resulting districts in the
7 same ratio as the pupil enrollment from that portion of the
8 annexed or divided district or districts which is annexed to
9 or included in each such annexing or resulting district bears
10 to the total pupil enrollment from the entire annexed or
11 divided district or districts, as such pupil enrollment is
12 determined for the school year last ending prior to the date
13 when the change of boundaries attributable to the annexation
14 or division becomes effective for all purposes. The amount
15 of the total difference payment and the amount thereof to be
16 allocated to the annexing or resulting districts shall be
17 computed by the State Board of Education on the basis of
18 pupil enrollment and other data which shall be certified to
19 the State Board of Education, on forms which it shall provide
20 for that purpose, by the regional superintendent of schools
21 for each educational service region in which the annexing and
22 annexed districts, or resulting and divided districts are
23 located.
24 (3.5) Claims for financial assistance under this
25 subsection (I) shall not be recomputed except as expressly
26 provided under this Section.
27 (4) Any supplementary payment made under this subsection
28 (I) shall be treated as separate from all other payments made
29 pursuant to this Section.
30 (J) Supplementary Grants in Aid.
31 (1) Notwithstanding any other provisions of this
32 Section, the amount of the aggregate general State aid in
33 combination with supplemental general State aid under this
34 Section for which each school district is eligible shall be
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1 no less than the amount of the aggregate general State aid
2 entitlement that was received by the district under Section
3 18-8 (exclusive of amounts received under subsections 5(p)
4 and 5(p-5) of that Section) for the 1997-98 school year,
5 pursuant to the provisions of that Section as it was then in
6 effect. If a school district qualifies to receive a
7 supplementary payment made under this subsection (J), the
8 amount of the aggregate general State aid in combination with
9 supplemental general State aid under this Section which that
10 district is eligible to receive for each school year shall be
11 no less than the amount of the aggregate general State aid
12 entitlement that was received by the district under Section
13 18-8 (exclusive of amounts received under subsections 5(p)
14 and 5(p-5) of that Section) for the 1997-1998 school year,
15 pursuant to the provisions of that Section as it was then in
16 effect.
17 (2) If, as provided in paragraph (1) of this subsection
18 (J), a school district is to receive aggregate general State
19 aid in combination with supplemental general State aid under
20 this Section for the 1998-99 school year and any subsequent
21 school year that in any such school year is less than the
22 amount of the aggregate general State aid entitlement that
23 the district received for the 1997-98 school year, the school
24 district shall also receive, from a separate appropriation
25 made for purposes of this subsection (J), a supplementary
26 payment that is equal to the amount of the difference in the
27 aggregate State aid figures as described in paragraph (1).
28 (3) (Blank).
29 (K) Grants to Laboratory and Alternative Schools.
30 In calculating the amount to be paid to the governing
31 board of a public university that operates a laboratory
32 school under this Section or to any alternative school that
33 is operated by a regional superintendent of schools, the
34 State Board of Education shall require by rule such reporting
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1 requirements as it deems necessary.
2 As used in this Section, "laboratory school" means a
3 public school which is created and operated by a public
4 university and approved by the State Board of Education. The
5 governing board of a public university which receives funds
6 from the State Board under this subsection (K) may not
7 increase the number of students enrolled in its laboratory
8 school from a single district, if that district is already
9 sending 50 or more students, except under a mutual agreement
10 between the school board of a student's district of residence
11 and the university which operates the laboratory school. A
12 laboratory school may not have more than 1,000 students,
13 excluding students with disabilities in a special education
14 program.
15 As used in this Section, "alternative school" means a
16 public school which is created and operated by a Regional
17 Superintendent of Schools and approved by the State Board of
18 Education. Such alternative schools may offer courses of
19 instruction for which credit is given in regular school
20 programs, courses to prepare students for the high school
21 equivalency testing program or vocational and occupational
22 training. A regional superintendent of schools may contract
23 with a school district or a public community college district
24 to operate an alternative school. An alternative school
25 serving more than one educational service region may be
26 established by the regional superintendents of schools of the
27 affected educational service regions. An alternative school
28 serving more than one educational service region may be
29 operated under such terms as the regional superintendents of
30 schools of those educational service regions may agree.
31 Each laboratory and alternative school shall file, on
32 forms provided by the State Superintendent of Education, an
33 annual State aid claim which states the Average Daily
34 Attendance of the school's students by month. The best 3
-234- LRB093 05878 EFG 05971 b
1 months' Average Daily Attendance shall be computed for each
2 school. The general State aid entitlement shall be computed
3 by multiplying the applicable Average Daily Attendance by the
4 Foundation Level as determined under this Section.
5 (L) Payments, Additional Grants in Aid and Other
6 Requirements.
7 (1) For a school district operating under the financial
8 supervision of an Authority created under Article 34A, the
9 general State aid otherwise payable to that district under
10 this Section, but not the supplemental general State aid,
11 shall be reduced by an amount equal to the budget for the
12 operations of the Authority as certified by the Authority to
13 the State Board of Education, and an amount equal to such
14 reduction shall be paid to the Authority created for such
15 district for its operating expenses in the manner provided in
16 Section 18-11. The remainder of general State school aid for
17 any such district shall be paid in accordance with Article
18 34A when that Article provides for a disposition other than
19 that provided by this Article.
20 (2) (Blank).
21 (3) Summer school. Summer school payments shall be made
22 as provided in Section 18-4.3.
23 (M) Education Funding Advisory Board.
24 The Education Funding Advisory Board, hereinafter in this
25 subsection (M) referred to as the "Board", is hereby created.
26 The Board shall consist of 5 members who are appointed by the
27 Governor, by and with the advice and consent of the Senate.
28 The members appointed shall include representatives of
29 education, business, and the general public. One of the
30 members so appointed shall be designated by the Governor at
31 the time the appointment is made as the chairperson of the
32 Board. The initial members of the Board may be appointed any
33 time after the effective date of this amendatory Act of 1997.
-235- LRB093 05878 EFG 05971 b
1 The regular term of each member of the Board shall be for 4
2 years from the third Monday of January of the year in which
3 the term of the member's appointment is to commence, except
4 that of the 5 initial members appointed to serve on the
5 Board, the member who is appointed as the chairperson shall
6 serve for a term that commences on the date of his or her
7 appointment and expires on the third Monday of January, 2002,
8 and the remaining 4 members, by lots drawn at the first
9 meeting of the Board that is held after all 5 members are
10 appointed, shall determine 2 of their number to serve for
11 terms that commence on the date of their respective
12 appointments and expire on the third Monday of January, 2001,
13 and 2 of their number to serve for terms that commence on the
14 date of their respective appointments and expire on the third
15 Monday of January, 2000. All members appointed to serve on
16 the Board shall serve until their respective successors are
17 appointed and confirmed. Vacancies shall be filled in the
18 same manner as original appointments. If a vacancy in
19 membership occurs at a time when the Senate is not in
20 session, the Governor shall make a temporary appointment
21 until the next meeting of the Senate, when he or she shall
22 appoint, by and with the advice and consent of the Senate, a
23 person to fill that membership for the unexpired term. If
24 the Senate is not in session when the initial appointments
25 are made, those appointments shall be made as in the case of
26 vacancies.
27 The Education Funding Advisory Board shall be deemed
28 established, and the initial members appointed by the
29 Governor to serve as members of the Board shall take office,
30 on the date that the Governor makes his or her appointment of
31 the fifth initial member of the Board, whether those initial
32 members are then serving pursuant to appointment and
33 confirmation or pursuant to temporary appointments that are
34 made by the Governor as in the case of vacancies.
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1 The State Board of Education shall provide such staff
2 assistance to the Education Funding Advisory Board as is
3 reasonably required for the proper performance by the Board
4 of its responsibilities.
5 For school years after the 2000-2001 school year, the
6 Education Funding Advisory Board, in consultation with the
7 State Board of Education, shall make recommendations as
8 provided in this subsection (M) to the General Assembly for
9 the foundation level under subdivision (B)(3) of this Section
10 and for the supplemental general State aid grant level under
11 subsection (H) of this Section for districts with high
12 concentrations of children from poverty. The recommended
13 foundation level shall be determined based on a methodology
14 which incorporates the basic education expenditures of
15 low-spending schools exhibiting high academic performance.
16 The Education Funding Advisory Board shall make such
17 recommendations to the General Assembly on January 1 of odd
18 numbered years, beginning January 1, 2001.
19 (N) (Blank).
20 (O) References.
21 (1) References in other laws to the various subdivisions
22 of Section 18-8 as that Section existed before its repeal and
23 replacement by this Section 18-8.05 shall be deemed to refer
24 to the corresponding provisions of this Section 18-8.05, to
25 the extent that those references remain applicable.
26 (2) References in other laws to State Chapter 1 funds
27 shall be deemed to refer to the supplemental general State
28 aid provided under subsection (H) of this Section.
29 (Source: P.A. 91-24, eff. 7-1-99; 91-93, eff. 7-9-99; 91-96,
30 eff. 7-9-99; 91-111, eff. 7-14-99; 91-357, eff. 7-29-99;
31 91-533, eff. 8-13-99; 92-7, eff. 6-29-01; 92-16, eff.
32 6-28-01; 92-28, eff. 7-1-01; 92-29, eff. 7-1-01; 92-269, eff.
33 8-7-01; 92-604, eff. 7-1-02; 92-636, eff. 7-11-02; 92-651,
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1 eff. 7-11-02; revised 7-26-02.)
2 (105 ILCS 5/34-18) (from Ch. 122, par. 34-18)
3 Sec. 34-18. Powers of the board. The board shall
4 exercise general supervision and jurisdiction over the public
5 education and the public school system of the city, and,
6 except as otherwise provided by this Article, shall have
7 power:
8 1. To make suitable provision for the establishment
9 and maintenance throughout the year or for such portion
10 thereof as it may direct, not less than 9 months, of
11 schools of all grades and kinds, including normal
12 schools, high schools, night schools, schools for
13 defectives and delinquents, parental and truant schools,
14 schools for the blind, the deaf and the crippled, schools
15 or classes in manual training, constructural and
16 vocational teaching, domestic arts and physical culture,
17 vocation and extension schools and lecture courses, and
18 all other educational courses and facilities, including
19 establishing, equipping, maintaining and operating
20 playgrounds and recreational programs, when such programs
21 are conducted in, adjacent to, or connected with any
22 public school under the general supervision and
23 jurisdiction of the board; provided, however, that in
24 allocating funds from year to year for the operation of
25 all attendance centers within the district, the board
26 shall ensure that supplemental general State aid funds
27 are allocated and applied in accordance with Section 18-8
28 or 18-8.05. To admit to such schools without charge
29 foreign exchange students who are participants in an
30 organized exchange student program which is authorized by
31 the board. The board shall permit all students to enroll
32 in apprenticeship programs in trade schools operated by
33 the board, whether those programs are union-sponsored or
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1 not. No student shall be refused admission into or be
2 excluded from any course of instruction offered in the
3 common schools by reason of that student's sex. No
4 student shall be denied equal access to physical
5 education and interscholastic athletic programs supported
6 from school district funds or denied participation in
7 comparable physical education and athletic programs
8 solely by reason of the student's sex. Equal access to
9 programs supported from school district funds and
10 comparable programs will be defined in rules promulgated
11 by the State Board of Education in consultation with the
12 Illinois High School Association. Notwithstanding any
13 other provision of this Article, neither the board of
14 education nor any local school council or other school
15 official shall recommend that children with disabilities
16 be placed into regular education classrooms unless those
17 children with disabilities are provided with
18 supplementary services to assist them so that they
19 benefit from the regular classroom instruction and are
20 included on the teacher's regular education class
21 register;
22 2. To furnish lunches to pupils, to make a
23 reasonable charge therefor, and to use school funds for
24 the payment of such expenses as the board may determine
25 are necessary in conducting the school lunch program;
26 3. To co-operate with the circuit court;
27 4. To make arrangements with the public or
28 quasi-public libraries and museums for the use of their
29 facilities by teachers and pupils of the public schools;
30 5. To employ dentists and prescribe their duties
31 for the purpose of treating the pupils in the schools,
32 but accepting such treatment shall be optional with
33 parents or guardians;
34 6. To grant the use of assembly halls and
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1 classrooms when not otherwise needed, including light,
2 heat, and attendants, for free public lectures, concerts,
3 and other educational and social interests, free of
4 charge, under such provisions and control as the
5 principal of the affected attendance center may
6 prescribe;
7 7. To apportion the pupils to the several schools;
8 provided that no pupil shall be excluded from or
9 segregated in any such school on account of his color,
10 race, sex, or nationality. The board shall take into
11 consideration the prevention of segregation and the
12 elimination of separation of children in public schools
13 because of color, race, sex, or nationality. Except that
14 children may be committed to or attend parental and
15 social adjustment schools established and maintained
16 either for boys or girls only. All records pertaining to
17 the creation, alteration or revision of attendance areas
18 shall be open to the public. Nothing herein shall limit
19 the board's authority to establish multi-area attendance
20 centers or other student assignment systems for
21 desegregation purposes or otherwise, and to apportion the
22 pupils to the several schools. Furthermore, beginning in
23 school year 1994-95, pursuant to a board plan adopted by
24 October 1, 1993, the board shall offer, commencing on a
25 phased-in basis, the opportunity for families within the
26 school district to apply for enrollment of their children
27 in any attendance center within the school district which
28 does not have selective admission requirements approved
29 by the board. The appropriate geographical area in which
30 such open enrollment may be exercised shall be determined
31 by the board of education. Such children may be admitted
32 to any such attendance center on a space available basis
33 after all children residing within such attendance
34 center's area have been accommodated. If the number of
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1 applicants from outside the attendance area exceed the
2 space available, then successful applicants shall be
3 selected by lottery. The board of education's open
4 enrollment plan must include provisions that allow low
5 income students to have access to transportation needed
6 to exercise school choice. Open enrollment shall be in
7 compliance with the provisions of the Consent Decree and
8 Desegregation Plan cited in Section 34-1.01;
9 8. To approve programs and policies for providing
10 transportation services to students. Nothing herein shall
11 be construed to permit or empower the State Board of
12 Education to order, mandate, or require busing or other
13 transportation of pupils for the purpose of achieving
14 racial balance in any school;
15 9. Subject to the limitations in this Article, to
16 establish and approve system-wide curriculum objectives
17 and standards, including graduation standards, which
18 reflect the multi-cultural diversity in the city and are
19 consistent with State law, provided that for all purposes
20 of this Article courses or proficiency in American Sign
21 Language shall be deemed to constitute courses or
22 proficiency in a foreign language; and to employ
23 principals and teachers, appointed as provided in this
24 Article, and fix their compensation. The board shall
25 prepare such reports related to minimal competency
26 testing as may be requested by the State Board of
27 Education, and in addition shall monitor and approve
28 special education and bilingual education programs and
29 policies within the district to assure that appropriate
30 services are provided in accordance with applicable State
31 and federal laws to children requiring services and
32 education in those areas;
33 10. To employ non-teaching personnel or utilize
34 volunteer personnel for: (i) non-teaching duties not
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1 requiring instructional judgment or evaluation of pupils,
2 including library duties; and (ii) supervising study
3 halls, long distance teaching reception areas used
4 incident to instructional programs transmitted by
5 electronic media such as computers, video, and audio,
6 detention and discipline areas, and school-sponsored
7 extracurricular activities. The board may further
8 utilize volunteer non-certificated personnel or employ
9 non-certificated personnel to assist in the instruction
10 of pupils under the immediate supervision of a teacher
11 holding a valid certificate, directly engaged in teaching
12 subject matter or conducting activities; provided that
13 the teacher shall be continuously aware of the
14 non-certificated persons' activities and shall be able to
15 control or modify them. The general superintendent shall
16 determine qualifications of such personnel and shall
17 prescribe rules for determining the duties and activities
18 to be assigned to such personnel;
19 10.5. To utilize volunteer personnel from a
20 regional School Crisis Assistance Team (S.C.A.T.),
21 created as part of the Safe to Learn Program established
22 pursuant to Section 25 of the Illinois Violence
23 Prevention Act of 1995, to provide assistance to schools
24 in times of violence or other traumatic incidents within
25 a school community by providing crisis intervention
26 services to lessen the effects of emotional trauma on
27 individuals and the community; the School Crisis
28 Assistance Team Steering Committee shall determine the
29 qualifications for volunteers;
30 11. To provide television studio facilities in not
31 to exceed one school building and to provide programs for
32 educational purposes, provided, however, that the board
33 shall not construct, acquire, operate, or maintain a
34 television transmitter; to grant the use of its studio
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1 facilities to a licensed television station located in
2 the school district; and to maintain and operate not to
3 exceed one school radio transmitting station and provide
4 programs for educational purposes;
5 12. To offer, if deemed appropriate, outdoor
6 education courses, including field trips within the State
7 of Illinois, or adjacent states, and to use school
8 educational funds for the expense of the said outdoor
9 educational programs, whether within the school district
10 or not;
11 13. During that period of the calendar year not
12 embraced within the regular school term, to provide and
13 conduct courses in subject matters normally embraced in
14 the program of the schools during the regular school term
15 and to give regular school credit for satisfactory
16 completion by the student of such courses as may be
17 approved for credit by the State Board of Education;
18 14. To insure against any loss or liability of the
19 board, the former School Board Nominating Commission,
20 Local School Councils, the Chicago Schools Academic
21 Accountability Council, or the former Subdistrict
22 Councils or of any member, officer, agent or employee
23 thereof, resulting from alleged violations of civil
24 rights arising from incidents occurring on or after
25 September 5, 1967 or from the wrongful or negligent act
26 or omission of any such person whether occurring within
27 or without the school premises, provided the officer,
28 agent or employee was, at the time of the alleged
29 violation of civil rights or wrongful act or omission,
30 acting within the scope of his employment or under
31 direction of the board, the former School Board
32 Nominating Commission, the Chicago Schools Academic
33 Accountability Council, Local School Councils, or the
34 former Subdistrict Councils; and to provide for or
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1 participate in insurance plans for its officers and
2 employees, including but not limited to retirement
3 annuities, medical, surgical and hospitalization benefits
4 in such types and amounts as may be determined by the
5 board; provided, however, that the board shall contract
6 for such insurance only with an insurance company
7 authorized to do business in this State. Such insurance
8 may include provision for employees who rely on treatment
9 by prayer or spiritual means alone for healing, in
10 accordance with the tenets and practice of a recognized
11 religious denomination;
12 15. To contract with the corporate authorities of
13 any municipality or the county board of any county, as
14 the case may be, to provide for the regulation of traffic
15 in parking areas of property used for school purposes, in
16 such manner as is provided by Section 11-209 of The
17 Illinois Vehicle Code, approved September 29, 1969, as
18 amended;
19 16. (a) To provide, on an equal basis, access to a
20 high school campus and student directory information to
21 the official recruiting representatives of the armed
22 forces of Illinois and the United States for the purposes
23 of informing students of the educational and career
24 opportunities available in the military if the board has
25 provided such access to persons or groups whose purpose
26 is to acquaint students with educational or occupational
27 opportunities available to them. The board is not
28 required to give greater notice regarding the right of
29 access to recruiting representatives than is given to
30 other persons and groups. In this paragraph 16,
31 "directory information" means a high school student's
32 name, address, and telephone number.
33 (b) If a student or his or her parent or guardian
34 submits a signed, written request to the high school
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1 before the end of the student's sophomore year (or if the
2 student is a transfer student, by another time set by the
3 high school) that indicates that the student or his or
4 her parent or guardian does not want the student's
5 directory information to be provided to official
6 recruiting representatives under subsection (a) of this
7 Section, the high school may not provide access to the
8 student's directory information to these recruiting
9 representatives. The high school shall notify its
10 students and their parents or guardians of the provisions
11 of this subsection (b).
12 (c) A high school may require official recruiting
13 representatives of the armed forces of Illinois and the
14 United States to pay a fee for copying and mailing a
15 student's directory information in an amount that is not
16 more than the actual costs incurred by the high school.
17 (d) Information received by an official recruiting
18 representative under this Section may be used only to
19 provide information to students concerning educational
20 and career opportunities available in the military and
21 may not be released to a person who is not involved in
22 recruiting students for the armed forces of Illinois or
23 the United States;
24 17. (a) To sell or market any computer program
25 developed by an employee of the school district, provided
26 that such employee developed the computer program as a
27 direct result of his or her duties with the school
28 district or through the utilization of the school
29 district resources or facilities. The employee who
30 developed the computer program shall be entitled to share
31 in the proceeds of such sale or marketing of the computer
32 program. The distribution of such proceeds between the
33 employee and the school district shall be as agreed upon
34 by the employee and the school district, except that
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1 neither the employee nor the school district may receive
2 more than 90% of such proceeds. The negotiation for an
3 employee who is represented by an exclusive bargaining
4 representative may be conducted by such bargaining
5 representative at the employee's request.
6 (b) For the purpose of this paragraph 17:
7 (1) "Computer" means an internally programmed,
8 general purpose digital device capable of
9 automatically accepting data, processing data and
10 supplying the results of the operation.
11 (2) "Computer program" means a series of coded
12 instructions or statements in a form acceptable to a
13 computer, which causes the computer to process data
14 in order to achieve a certain result.
15 (3) "Proceeds" means profits derived from
16 marketing or sale of a product after deducting the
17 expenses of developing and marketing such product;
18 18. To delegate to the general superintendent of
19 schools, by resolution, the authority to approve
20 contracts and expenditures in amounts of $10,000 or less;
21 19. Upon the written request of an employee, to
22 withhold from the compensation of that employee any dues,
23 payments or contributions payable by such employee to any
24 labor organization as defined in the Illinois Educational
25 Labor Relations Act. Under such arrangement, an amount
26 shall be withheld from each regular payroll period which
27 is equal to the pro rata share of the annual dues plus
28 any payments or contributions, and the board shall
29 transmit such withholdings to the specified labor
30 organization within 10 working days from the time of the
31 withholding;
32 19a. Upon receipt of notice from the comptroller of
33 a municipality with a population of 500,000 or more, a
34 county with a population of 3,000,000 or more, the Cook
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1 County Forest Preserve District, the Chicago Park
2 District, the Metropolitan Water Reclamation District,
3 the Chicago Transit Authority, or a housing authority of
4 a municipality with a population of 500,000 or more that
5 a debt is due and owing the municipality, the county, the
6 Cook County Forest Preserve District, the Chicago Park
7 District, the Metropolitan Water Reclamation District,
8 the Chicago Transit Authority, or the housing authority
9 by an employee of the Chicago Board of Education, to
10 withhold, from the compensation of that employee, the
11 amount of the debt that is due and owing and pay the
12 amount withheld to the municipality, the county, the Cook
13 County Forest Preserve District, the Chicago Park
14 District, the Metropolitan Water Reclamation District,
15 the Chicago Transit Authority, or the housing authority;
16 provided, however, that the amount deducted from any one
17 salary or wage payment shall not exceed 25% of the net
18 amount of the payment. Before the Board deducts any
19 amount from any salary or wage of an employee under this
20 paragraph, the municipality, the county, the Cook County
21 Forest Preserve District, the Chicago Park District, the
22 Metropolitan Water Reclamation District, the Chicago
23 Transit Authority, or the housing authority shall certify
24 that (i) the employee has been afforded an opportunity
25 for a hearing to dispute the debt that is due and owing
26 the municipality, the county, the Cook County Forest
27 Preserve District, the Chicago Park District, the
28 Metropolitan Water Reclamation District, the Chicago
29 Transit Authority, or the housing authority and (ii) the
30 employee has received notice of a wage deduction order
31 and has been afforded an opportunity for a hearing to
32 object to the order. For purposes of this paragraph,
33 "net amount" means that part of the salary or wage
34 payment remaining after the deduction of any amounts
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1 required by law to be deducted and "debt due and owing"
2 means (i) a specified sum of money owed to the
3 municipality, the county, the Cook County Forest Preserve
4 District, the Chicago Park District, the Metropolitan
5 Water Reclamation District, the Chicago Transit
6 Authority, or the housing authority for services, work,
7 or goods, after the period granted for payment has
8 expired, or (ii) a specified sum of money owed to the
9 municipality, the county, the Cook County Forest Preserve
10 District, the Chicago Park District, the Metropolitan
11 Water Reclamation District, the Chicago Transit
12 Authority, or the housing authority pursuant to a court
13 order or order of an administrative hearing officer after
14 the exhaustion of, or the failure to exhaust, judicial
15 review;
16 20. The board is encouraged to employ a sufficient
17 number of certified school counselors to maintain a
18 student/counselor ratio of 250 to 1 by July 1, 1990.
19 Each counselor shall spend at least 75% of his work time
20 in direct contact with students and shall maintain a
21 record of such time;
22 21. To make available to students vocational and
23 career counseling and to establish 5 special career
24 counseling days for students and parents. On these days
25 representatives of local businesses and industries shall
26 be invited to the school campus and shall inform students
27 of career opportunities available to them in the various
28 businesses and industries. Special consideration shall
29 be given to counseling minority students as to career
30 opportunities available to them in various fields. For
31 the purposes of this paragraph, minority student means a
32 person who is:
33 (a) Black (a person having origins in any of
34 the black racial groups in Africa);
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1 (b) Hispanic (a person of Spanish or
2 Portuguese culture with origins in Mexico, South or
3 Central America, or the Caribbean islands,
4 regardless of race);
5 (c) Asian American (a person having origins in
6 any of the original peoples of the Far East,
7 Southeast Asia, the Indian Subcontinent or the
8 Pacific Islands); or
9 (d) American Indian or Alaskan Native (a
10 person having origins in any of the original peoples
11 of North America).
12 Counseling days shall not be in lieu of regular
13 school days;
14 22. To report to the State Board of Education the
15 annual student dropout rate and number of students who
16 graduate from, transfer from or otherwise leave bilingual
17 programs;
18 23. Except as otherwise provided in the Abused and
19 Neglected Child Reporting Act or other applicable State
20 or federal law, to permit school officials to withhold,
21 from any person, information on the whereabouts of any
22 child removed from school premises when the child has
23 been taken into protective custody as a victim of
24 suspected child abuse. School officials shall direct
25 such person to the Department of Children and Family
26 Services, or to the local law enforcement agency if
27 appropriate;
28 24. To develop a policy, based on the current state
29 of existing school facilities, projected enrollment and
30 efficient utilization of available resources, for capital
31 improvement of schools and school buildings within the
32 district, addressing in that policy both the relative
33 priority for major repairs, renovations and additions to
34 school facilities, and the advisability or necessity of
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1 building new school facilities or closing existing
2 schools to meet current or projected demographic patterns
3 within the district;
4 25. To make available to the students in every high
5 school attendance center the ability to take all courses
6 necessary to comply with the Board of Higher Education's
7 college entrance criteria effective in 1993;
8 26. To encourage mid-career changes into the
9 teaching profession, whereby qualified professionals
10 become certified teachers, by allowing credit for
11 professional employment in related fields when
12 determining point of entry on teacher pay scale;
13 27. To provide or contract out training programs
14 for administrative personnel and principals with revised
15 or expanded duties pursuant to this Act in order to
16 assure they have the knowledge and skills to perform
17 their duties;
18 28. To establish a fund for the prioritized special
19 needs programs, and to allocate such funds and other lump
20 sum amounts to each attendance center in a manner
21 consistent with the provisions of part 4 of Section
22 34-2.3. Nothing in this paragraph shall be construed to
23 require any additional appropriations of State funds for
24 this purpose;
25 29. (Blank);
26 30. Notwithstanding any other provision of this Act
27 or any other law to the contrary, to contract with third
28 parties for services otherwise performed by employees,
29 including those in a bargaining unit, and to layoff those
30 employees upon 14 days written notice to the affected
31 employees. Those contracts may be for a period not to
32 exceed 5 years and may be awarded on a system-wide basis;
33 31. To promulgate rules establishing procedures
34 governing the layoff or reduction in force of employees
-250- LRB093 05878 EFG 05971 b
1 and the recall of such employees, including, but not
2 limited to, criteria for such layoffs, reductions in
3 force or recall rights of such employees and the weight
4 to be given to any particular criterion. Such criteria
5 shall take into account factors including, but not be
6 limited to, qualifications, certifications, experience,
7 performance ratings or evaluations, and any other factors
8 relating to an employee's job performance; and
9 32. To develop a policy to prevent nepotism in the
10 hiring of personnel or the selection of contractors.
11 The specifications of the powers herein granted are not
12 to be construed as exclusive but the board shall also
13 exercise all other powers that they may be requisite or
14 proper for the maintenance and the development of a public
15 school system, not inconsistent with the other provisions of
16 this Article or provisions of this Code which apply to all
17 school districts.
18 In addition to the powers herein granted and authorized
19 to be exercised by the board, it shall be the duty of the
20 board to review or to direct independent reviews of special
21 education expenditures and services. The board shall file a
22 report of such review with the General Assembly on or before
23 May 1, 1990.
24 (Source: P.A. 92-109, eff. 7-20-01; 92-527, eff. 6-1-02;
25 92-724, eff. 7-25-02; revised 9-24-02.)
26 (105 ILCS 5/34-18.23)
27 Sec. 34-18.23. Medical information form for bus drivers
28 and emergency medical technicians. The school district is
29 encouraged to create and use an emergency medical information
30 form for bus drivers and emergency medical technicians for
31 those students with special needs or medical conditions. The
32 form may include without limitation information to be
33 provided by the student's parent or legal guardian concerning
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1 the student's relevant medical conditions, medications that
2 the student is taking, the student's communication skills,
3 and how a bus driver or an emergency medical technician is to
4 respond to certain behaviors of the student. If the form is
5 used, the school district is encouraged to notify parents and
6 legal guardians of the availability of the form. The parent
7 or legal guardian of the student may fill out the form and
8 submit it to the school that the student is attending. The
9 school district is encouraged to keep one copy of the form on
10 file at the school and another copy on the student's school
11 bus in a secure location.
12 (Source: P.A. 92-580, eff. 7-1-02.)
13 (105 ILCS 5/34-18.24)
14 Sec. 34-18.24 34-18.23. Transfer of students. The board
15 shall establish and implement a policy governing the transfer
16 of a student from one attendance center to another within the
17 school district upon the request of the student's parent or
18 guardian. Any request by a parent or guardian to transfer his
19 or her child from one attendance center to another within the
20 school district pursuant to Section 1116 of the federal
21 Elementary and Secondary Education Act of 1965 (20 U.S.C.
22 Sec. 6317) must be made no later than 30 days after the
23 parent or guardian receives notice of the right to transfer
24 pursuant to that law. A student may not transfer to any of
25 the following attendance centers, except by change in
26 residence if the policy authorizes enrollment based on
27 residence in an attendance area or unless approved by the
28 board on an individual basis:
29 (1) An attendance center that exceeds or as a
30 result of the transfer would exceed its attendance
31 capacity.
32 (2) An attendance center for which the board has
33 established academic criteria for enrollment if the
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1 student does not meet the criteria, provided that the
2 transfer must be permitted if the attendance center is
3 the only attendance center serving the student's grade
4 that has not been identified for school improvement,
5 corrective action, or restructuring under Section 1116 of
6 the federal Elementary and Secondary Education Act of
7 1965 (20 U.S.C. Sec. 6317).
8 (3) Any attendance center if the transfer would
9 prevent the school district from meeting its obligations
10 under a State or federal law, court order, or consent
11 decree applicable to the school district.
12 (Source: P.A. 92-604, eff. 7-1-02; revised 9-3-02.)
13 (105 ILCS 5/34-18.25)
14 Sec. 34-18.25 34-18.23. Psychotropic or psychostimulant
15 medication; disciplinary action.
16 (a) In this Section:
17 "Psychostimulant medication" means medication that
18 produces increased levels of mental and physical energy and
19 alertness and an elevated mood by stimulating the central
20 nervous system.
21 "Psychotropic medication" means psychotropic medication
22 as defined in Section 1-121.1 of the Mental Health and
23 Developmental Disabilities Code.
24 (b) The board must adopt and implement a policy that
25 prohibits any disciplinary action that is based totally or in
26 part on the refusal of a student's parent or guardian to
27 administer or consent to the administration of psychotropic
28 or psychostimulant medication to the student.
29 The policy must require that, at least once every 2
30 years, the in-service training of certified school personnel
31 and administrators include training on current best practices
32 regarding the identification and treatment of attention
33 deficit disorder and attention deficit hyperactivity
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1 disorder, the application of non-aversive behavioral
2 interventions in the school environment, and the use of
3 psychotropic or psychostimulant medication for school-age
4 children.
5 (c) This Section does not prohibit school medical staff,
6 an individualized educational program team, or a professional
7 worker (as defined in Section 14-1.10 of this Code) from
8 recommending that a student be evaluated by an appropriate
9 medical practitioner or prohibit school personnel from
10 consulting with the practitioner with the consent of the
11 student's parents or guardian.
12 (Source: P.A. 92-663, eff. 1-1-03; revised 9-3-02.)
13 Section 31. The Illinois Educational Labor Relations Act
14 is amended by changing Section 2 as follows:
15 (115 ILCS 5/2) (from Ch. 48, par. 1702)
16 Sec. 2. Definitions. As used in this Act:
17 (a) "Educational employer" or "employer" means the
18 governing body of a public school district, combination of
19 public school districts, including the governing body of
20 joint agreements of any type formed by 2 or more school
21 districts, public community college district or State college
22 or university, and any State agency whose major function is
23 providing educational services. "Educational employer" or
24 "employer" does not include a Financial Oversight Panel
25 created pursuant to Section 1A-8 of the School Code due to a
26 district violating a financial plan but does include a School
27 Finance Authority created under Article 1E of the School
28 Code.
29 (b) "Educational employee" or "employee" means any
30 individual, excluding supervisors, managerial, confidential,
31 short term employees, student, and part-time academic
32 employees of community colleges employed full or part time by
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1 an educational employer, but shall not include elected
2 officials and appointees of the Governor with the advice and
3 consent of the Senate, firefighters as defined by subsection
4 (g-1) of Section 3 of the Illinois Public Labor Relations
5 Act, and peace officers employed by a State university. For
6 the purposes of this Act, part-time academic employees of
7 community colleges shall be defined as those employees who
8 provide less than 6 credit hours of instruction per academic
9 semester.
10 (c) "Employee organization" or "labor organization"
11 means an organization of any kind in which membership
12 includes educational employees, and which exists for the
13 purpose, in whole or in part, of dealing with employers
14 concerning grievances, employee-employer disputes, wages,
15 rates of pay, hours of employment, or conditions of work, but
16 shall not include any organization which practices
17 discrimination in membership because of race, color, creed,
18 age, gender, national origin or political affiliation.
19 (d) "Exclusive representative" means the labor
20 organization which has been designated by the Illinois
21 Educational Labor Relations Board as the representative of
22 the majority of educational employees in an appropriate unit,
23 or recognized by an educational employer prior to January 1,
24 1984 as the exclusive representative of the employees in an
25 appropriate unit or, after January 1, 1984, recognized by an
26 employer upon evidence that the employee organization has
27 been designated as the exclusive representative by a majority
28 of the employees in an appropriate unit.
29 (e) "Board" means the Illinois Educational Labor
30 Relations Board.
31 (f) "Regional Superintendent" means the regional
32 superintendent of schools provided for in Articles 3 and 3A
33 of The School Code.
34 (g) "Supervisor" means any individual having authority
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1 in the interests of the employer to hire, transfer, suspend,
2 lay off, recall, promote, discharge, reward or discipline
3 other employees within the appropriate bargaining unit and
4 adjust their grievances, or to effectively recommend such
5 action if the exercise of such authority is not of a merely
6 routine or clerical nature but requires the use of
7 independent judgment. The term "supervisor" includes only
8 those individuals who devote a preponderance of their
9 employment time to such exercising authority.
10 (h) "Unfair labor practice" or "unfair practice" means
11 any practice prohibited by Section 14 of this Act.
12 (i) "Person" includes an individual, educational
13 employee, educational employer, legal representative, or
14 employee organization.
15 (j) "Wages" means salaries or other forms of
16 compensation for services rendered.
17 (k) "Professional employee" means, in the case of a
18 public community college, State college or university, State
19 agency whose major function is providing educational
20 services, the Illinois School for the Deaf, and the Illinois
21 School for the Visually Impaired, (1) any employee engaged in
22 work (i) predominantly intellectual and varied in character
23 as opposed to routine mental, manual, mechanical, or physical
24 work; (ii) involving the consistent exercise of discretion
25 and judgment in its performance; (iii) of such character that
26 the output produced or the result accomplished cannot be
27 standardized in relation to a given period of time; and (iv)
28 requiring knowledge of an advanced type in a field of science
29 or learning customarily acquired by a prolonged course of
30 specialized intellectual instruction and study in an
31 institution of higher learning or a hospital, as
32 distinguished from a general academic education or from an
33 apprenticeship or from training in the performance of routine
34 mental, manual, or physical processes; or (2) any employee,
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1 who (i) has completed the courses of specialized intellectual
2 instruction and study described in clause (iv) of paragraph
3 (1) of this subsection, and (ii) is performing related work
4 under the supervision of a professional person to qualify
5 himself or herself to become a professional as defined in
6 paragraph (l).
7 (l) "Professional employee" means, in the case of any
8 public school district, or combination of school districts
9 pursuant to joint agreement, any employee who has a
10 certificate issued under Article 21 or Section 34-83 of the
11 School Code, as now or hereafter amended.
12 (m) "Unit" or "bargaining unit" means any group of
13 employees for which an exclusive representative is selected.
14 (n) "Confidential employee" means an employee, who (i)
15 in the regular course of his or her duties, assists and acts
16 in a confidential capacity to persons who formulate,
17 determine and effectuate management policies with regard to
18 labor relations or who (ii) in the regular course of his or
19 her duties has access to information relating to the
20 effectuation or review of the employer's collective
21 bargaining policies.
22 (o) "Managerial employee" means an individual who is
23 engaged predominantly in executive and management functions
24 and is charged with the responsibility of directing the
25 effectuation of such management policies and practices.
26 (p) "Craft employee" means a skilled journeyman, craft
27 person, and his or her apprentice or helper.
28 (q) "Short-term employee" is an employee who is employed
29 for less than 2 consecutive calendar quarters during a
30 calendar year and who does not have a reasonable expectation
31 that he or she will be rehired by the same employer for the
32 same service in a subsequent calendar year. Nothing in this
33 subsection shall affect the employee status of individuals
34 who were covered by a collective bargaining agreement on the
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1 effective date of this amendatory Act of 1991.
2 (Source: P.A. 92-547, eff. 6-13-02; 92-748, eff. 1-1-03;
3 revised 8-26-02.)
4 Section 32. The Illinois Savings and Loan Act of 1985 is
5 amended by setting forth and renumbering multiple versions of
6 Section 1-6e as follows:
7 (205 ILCS 105/1-6e)
8 Sec. 1-6e. Reverse mortgage; disclosure. At the time a
9 reverse mortgage loan is made, the lender must provide to the
10 mortgagor a separate document that informs the mortgagor that
11 by obtaining the reverse mortgage the mortgagor's eligibility
12 to obtain a tax deferral under the Senior Citizens Real
13 Estate Tax Deferral Act may be adversely affected. The
14 mortgagor must sign the disclosure document as part of the
15 reverse mortgage transaction.
16 (Source: P.A. 92-577, eff. 6-26-02.)
17 (205 ILCS 105/1-6f)
18 Sec. 1-6f 1-6e. Non-English language transactions. An
19 association may conduct transactions in a language other than
20 English through an employee or agent acting as interpreter or
21 through an interpreter provided by the customer.
22 (Source: P.A. 92-578, eff. 6-26-02; revised 9-3-02.)
23 Section 33. The Illinois Credit Union Act is amended by
24 changing Sections 13 and 30 as follows:
25 (205 ILCS 305/13) (from Ch. 17, par. 4414)
26 Sec. 13. General powers. A credit union may:
27 (1) Make contracts; sue and be sued; and adopt and
28 use a common seal and alter the same;
29 (2) Acquire, lease (either as lessee or lessor),
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1 hold, pledge, mortgage, sell and dispose of real
2 property, either in whole or in part, or any interest
3 therein, as may be necessary or incidental to its present
4 or future operations and needs, subject to such
5 limitations as may be imposed thereon in rules and
6 regulations promulgated by the Director; acquire, lease
7 (either as lessee or lessor), hold, pledge, mortgage,
8 sell and dispose of personal property, either in whole or
9 in part, or any interest therein, as may be necessary or
10 incidental to its present or future operations and needs;
11 (3) At the discretion of the Board of Directors,
12 require the payment of an entrance fee or annual
13 membership fee, or both, of any person admitted to
14 membership;
15 (4) Receive savings from its members in the form of
16 shares of various classes, or special purpose share
17 accounts; act as custodian of its members' accounts;
18 issue shares in trust as provided in this Act;
19 (5) Lend its funds to its members and otherwise as
20 hereinafter provided;
21 (6) Borrow from any source in accordance with
22 policy established by the Board of Directors to a maximum
23 of 50% of capital, surplus and reserves;
24 (7) Discount and sell any obligations owed to the
25 credit union;
26 (8) Honor requests for withdrawals or transfers of
27 all or any part of member share accounts, and any classes
28 thereof, in any manner approved by the credit union Board
29 of Directors;
30 (9) Sell all or substantially all of its assets or
31 purchase all or substantially all of the assets of
32 another credit union, subject to the prior approval of
33 the Director;
34 (10) Invest surplus funds as provided in this Act;
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1 (11) Make deposits in banks, savings banks, savings
2 and loan associations, trust companies; and invest in
3 shares, classes of shares or share certificates of other
4 credit unions;
5 (12) Assess charges and fees to members in
6 accordance with board resolution;
7 (13) Hold membership in and pay dues to
8 associations and organizations; to invest in shares,
9 stocks or obligations of any credit union organization;
10 (14) Declare dividends and pay interest refunds to
11 borrowers as provided in this Act;
12 (15) Collect, receive and disburse monies in
13 connection with providing negotiable checks, money orders
14 and other money-type instruments, and for such other
15 purposes as may provide benefit or convenience to its
16 members, and charge a reasonable fee for such services;
17 (16) Act as fiscal agent for and receive deposits
18 from the federal government, this state or any agency or
19 political subdivision thereof;
20 (17) Receive savings from nonmembers in the form of
21 shares or share accounts in the case of credit unions
22 serving predominantly low-income members. The term "low
23 income members" shall mean those members who make less
24 than 80% of the average for all wage earners as
25 established by the Bureau of Labor Statistics or those
26 members whose annual household income falls at or below
27 80% of the median household income for the nation as
28 established by the Census Bureau. The term
29 "predominantly" is defined as a simple majority;
30 (18) To Establish, maintain, and operate terminals
31 as authorized by the Electronic Fund Transfer Act; and
32 (19) Subject to Article XLIV of the Illinois
33 Insurance Code, to act as the agent for any fire, life,
34 or other insurance company authorized by the State of
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1 Illinois, by soliciting and selling insurance and
2 collecting premiums on policies issued by such company;
3 and may receive for services so rendered such fees or
4 commissions as may be agreed upon between the said credit
5 union and the insurance company for which it may act as
6 agent; provided, however, that no such credit union shall
7 in any case assume or guarantee the payment of any
8 premium on insurance policies issued through its agency
9 by its principal; and provided further, that the credit
10 union shall not guarantee the truth of any statement made
11 by an assured in filing his application for insurance.
12 (Source: P.A. 92-608, eff. 7-1-02; revised 1-20-03.)
13 (205 ILCS 305/30) (from Ch. 17, par. 4431)
14 Sec. 30. Duties of directors. It shall be the duty of
15 the directors to:
16 (1) Review actions on applications for membership.
17 A record of the Membership Committee's approval or denial
18 of membership or management's approval or denial of
19 membership if no Membership Committee has been appointed
20 shall be available to the Board of Directors for
21 inspection. A person denied membership by the Membership
22 Committee or credit union management may appeal the
23 denial to the Board;
24 (2) Provide adequate fidelity bond coverage for
25 officers, employees, directors and committee members, and
26 for losses caused by persons outside of the credit union,
27 subject to rules and regulations promulgated by the
28 Director;
29 (3) Determine from time to time the interest rates,
30 not in excess of that allowed under this Act, which shall
31 be charged on loans to members and to authorize interest
32 refunds, if any, to members from income earned and
33 received in proportion to the interest paid by them on
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1 such classes of loans and under such conditions as the
2 Board prescribes. The Directors may establish different
3 interest rates to be charged on different classes of
4 loans;
5 (4) Within any limitations set forth in the credit
6 union's bylaws, fix the maximum amount which may be
7 loaned with and without security to a member;
8 (5) Declare dividends on various classes of shares
9 in the manner and form as provided in the bylaws;
10 (6) Limit the number of shares which may be owned
11 by a member; such limitations to apply alike to all
12 members;
13 (7) Have charge of the investment of funds, except
14 that the Board of Directors may designate an Investment
15 Committee or any qualified individual or entity to have
16 charge of making investments under policies established
17 by the Board of Directors;
18 (8) Authorize the employment of or contracting with
19 such persons or organizations as may be necessary to
20 carry on the operations of the credit union, provided
21 that prior approval is received from the Department
22 before delegating substantially all managerial duties and
23 responsibilities to a credit union organization, and fix
24 the compensation, if any, of the officers and provide for
25 compensation for other employees within policies
26 established by the Board of Directors;
27 (9) Authorize the conveyance of property;
28 (10) Borrow or lend money consistent with the
29 provisions of this Act;
30 (11) Designate a depository or depositories for the
31 funds of the credit union and supervise the investment of
32 funds;
33 (12) Suspend or remove, or both, for cause, any or
34 all officers or any or all members of the Membership,
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1 Credit, Supervisory or other committees for failure to
2 perform their duties;
3 (13) Appoint any special committees deemed
4 necessary; and;
5 (14) Perform such other duties as the members may
6 direct, and perform or authorize any action not
7 inconsistent with this Act and not specifically reserved
8 by the bylaws to the members.
9 (Source: P.A. 92-608, eff. 7-1-02; revised 1-20-03.)
10 Section 34. The Hospital Licensing Act is amended by
11 changing Section 8 as follows:
12 (210 ILCS 85/8) (from Ch. 111 1/2, par. 149)
13 Sec. 8. Facility plan review; fees.
14 (a) Before commencing construction of new facilities or
15 specified types of alteration or additions to an existing
16 hospital involving major construction, as defined by rule by
17 the Department, with an estimated cost greater than $100,000,
18 architectural plans and specifications therefor shall be
19 submitted by the licensee to the Department for review and
20 approval. A hospital may submit architectural drawings and
21 specifications for other construction projects for Department
22 review according to subsection (b) that shall not be subject
23 to fees under subsection (d). Review of drawings and
24 specifications shall be conducted by an employee of the
25 Department meeting the qualifications established by the
26 Department of Central Management Services class
27 specifications for such an individual's position or by a
28 person contracting with the Department who meets those class
29 specifications. Final approval of the plans and
30 specifications for compliance with design and construction
31 standards shall be obtained from the Department before the
32 alteration, addition, or new construction is begun.
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1 (b) The Department shall inform an applicant in writing
2 within 10 working days after receiving drawings and
3 specifications and the required fee, if any, from the
4 applicant whether the applicant's submission is complete or
5 incomplete. Failure to provide the applicant with this
6 notice within 10 working days shall result in the submission
7 being deemed complete for purposes of initiating the 60-day
8 review period under this Section. If the submission is
9 incomplete, the Department shall inform the applicant of the
10 deficiencies with the submission in writing. If the
11 submission is complete and the required fee, if any, has been
12 paid, the Department shall approve or disapprove drawings and
13 specifications submitted to the Department no later than 60
14 days following receipt by the Department. The drawings and
15 specifications shall be of sufficient detail, as provided by
16 Department rule, to enable the Department to render a
17 determination of compliance with design and construction
18 standards under this Act. If the Department finds that the
19 drawings are not of sufficient detail for it to render a
20 determination of compliance, the plans shall be determined to
21 be incomplete and shall not be considered for purposes of
22 initiating the 60 day review period. If a submission of
23 drawings and specifications is incomplete, the applicant may
24 submit additional information. The 60-day review period
25 shall not commence until the Department determines that a
26 submission of drawings and specifications is complete or the
27 submission is deemed complete. If the Department has not
28 approved or disapproved the drawings and specifications
29 within 60 days, the construction, major alteration, or
30 addition shall be deemed approved. If the drawings and
31 specifications are disapproved, the Department shall state in
32 writing, with specificity, the reasons for the disapproval.
33 The entity submitting the drawings and specifications may
34 submit additional information in response to the written
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1 comments from the Department or request a reconsideration of
2 the disapproval. A final decision of approval or disapproval
3 shall be made within 45 days of the receipt of the additional
4 information or reconsideration request. If denied, the
5 Department shall state the specific reasons for the denial
6 and the applicant may elect to seek dispute resolution
7 pursuant to Section 25 of the Illinois Building Commission
8 Act, which the Department must participate in.
9 (c) The Department shall provide written approval for
10 occupancy pursuant to subsection (g) and shall not issue a
11 violation to a facility as a result of a licensure or
12 complaint survey based upon the facility's physical structure
13 if:
14 (1) the Department reviewed and approved or deemed
15 approved the drawing and specifications for compliance
16 with design and construction standards;
17 (2) the construction, major alteration, or addition
18 was built as submitted;
19 (3) the law or rules have not been amended since
20 the original approval; and
21 (4) the conditions at the facility indicate that
22 there is a reasonable degree of safety provided for the
23 patients.
24 (d) The Department shall charge the following fees in
25 connection with its reviews conducted before June 30, 2004
26 under this Section:
27 (1) (Blank).
28 (2) (Blank).
29 (3) If the estimated dollar value of the major
30 construction is greater than $500,000, the fee shall be
31 established by the Department pursuant to rules that
32 reflect the reasonable and direct cost of the Department
33 in conducting the architectural reviews required under
34 this Section. The estimated dollar value of the major
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1 construction subject to review under this Section shall
2 be annually readjusted to reflect the increase in
3 construction costs due to inflation.
4 The fees provided in this subsection (d) shall not apply
5 to major construction projects involving facility changes
6 that are required by Department rule amendments or to
7 projects related to homeland security.
8 The fees provided in this subsection (d) shall also not
9 apply to major construction projects if 51% or more of the
10 estimated cost of the project is attributed to capital
11 equipment. For major construction projects where 51% or more
12 of the estimated cost of the project is attributed to capital
13 equipment, the Department shall by rule establish a fee that
14 is reasonably related to the cost of reviewing the project.
15 Disproportionate share hospitals and rural hospitals
16 shall only pay one-half of the fees required in this
17 subsection (d). For the purposes of this subsection (d), (i)
18 "disproportionate share hospital" means a hospital described
19 in items (1) through (5) of subsection (b) of Section 5-5.02
20 of the Illinois Public Aid Code and (ii) "rural hospital"
21 means a hospital that is (A) located outside a metropolitan
22 statistical area or (B) located 15 miles or less from a
23 county that is outside a metropolitan statistical area and is
24 licensed to perform medical/surgical or obstetrical services
25 and has a combined total bed capacity of 75 or fewer beds in
26 these 2 service categories as of July 14, 1993, as determined
27 by the Department.
28 The Department shall not commence the facility plan
29 review process under this Section until the applicable fee
30 has been paid.
31 (e) All fees received by the Department under this
32 Section shall be deposited into the Health Facility Plan
33 Review Fund, a special fund created in the State treasury.
34 All fees paid by hospitals under subsection (d) shall be used
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1 only to cover the direct and reasonable costs relating to the
2 Department's review of hospital projects under this Section.
3 Moneys shall be appropriated from that Fund to the Department
4 only to pay the costs of conducting reviews under this
5 Section. None of the moneys in the Health Facility Plan
6 Review Fund shall be used to reduce the amount of General
7 Revenue Fund moneys appropriated to the Department for
8 facility plan reviews conducted pursuant to this Section.
9 (f) (Blank).
10 (g) The Department shall conduct an on-site inspection
11 of the completed project no later than 30 days after
12 notification from the applicant that the project has been
13 completed and all certifications required by the Department
14 have been received and accepted by the Department. The
15 Department shall provide written approval for occupancy to
16 the applicant within 5 working days of the Department's final
17 inspection, provided the applicant has demonstrated
18 substantial compliance as defined by Department rule.
19 Occupancy of new major construction is prohibited until
20 Department approval is received, unless the Department has
21 not acted within the time frames provided in this subsection
22 (g), in which case the construction shall be deemed approved.
23 Occupancy shall be authorized after any required health
24 inspection by the Department has been conducted.
25 (h) The Department shall establish, by rule, a procedure
26 to conduct interim on-site review of large or complex
27 construction projects.
28 (i) The Department shall establish, by rule, an
29 expedited process for emergency repairs or replacement of
30 like equipment.
31 (j) Nothing in this Section shall be construed to apply
32 to maintenance, upkeep, or renovation that does not affect
33 the structural integrity of the building, does not add beds
34 or services over the number for which the facility is
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1 licensed, and provides a reasonable degree of safety for the
2 patients.
3 (Source: P.A. 91-712, eff. 7-1-00; 92-563, eff. 6-24-02;
4 92-803, eff. 8-16-02; revised 9-19-02.)
5 Section 35. The Mobile Home Park Act is amended by
6 changing Section 2.2 as follows:
7 (210 ILCS 115/2.2) (from Ch. 111 1/2, par. 712.2)
8 Sec. 2.2. Permanent habitation. "Permanent habitation"
9 means habitation for a period of 2 or more months.
10 (Source: P.A. 77-1472; revised 1-20-03.)
11 Section 36. The Illinois Insurance Code is amended by
12 setting forth and renumbering multiple versions of Section
13 356z.2 as follows:
14 (215 ILCS 5/356z.2)
15 Sec. 356z.2. Coverage for adjunctive services in dental
16 care.
17 (a) An individual or group policy of accident and health
18 insurance amended, delivered, issued, or renewed after the
19 effective date of this amendatory Act of the 92nd General
20 Assembly shall cover charges incurred, and anesthetics
21 provided, in conjunction with dental care that is provided to
22 a covered individual in a hospital or an ambulatory surgical
23 treatment center if any of the following applies:
24 (1) the individual is a child age 6 or under;
25 (2) the individual has a medical condition that
26 requires hospitalization or general anesthesia for dental
27 care; or
28 (3) the individual is disabled.
29 (b) For purposes of this Section, "ambulatory surgical
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1 treatment center" has the meaning given to that term in
2 Section 3 of the Ambulatory Surgical Treatment Center Act.
3 For purposes of this Section, "disabled" means a person,
4 regardless of age, with a chronic disability if the chronic
5 disability meets all of the following conditions:
6 (1) It is attributable to a mental or physical
7 impairment or combination of mental and physical
8 impairments.
9 (2) It is likely to continue.
10 (3) It results in substantial functional limitations
11 in one or more of the following areas of major life
12 activity:
13 (A) self-care;
14 (B) receptive and expressive language;
15 (C) learning;
16 (D) mobility;
17 (E) capacity for independent living; or
18 (F) economic self-sufficiency.
19 (c) The coverage required under this Section may be
20 subject to any limitations, exclusions, or cost-sharing
21 provisions that apply generally under the insurance policy.
22 (d) This Section does not apply to a policy that covers
23 only dental care.
24 (e) Nothing in this Section requires that the dental
25 services be covered.
26 (f) The provisions of this Section do not apply to
27 short-term travel, accident-only, limited, or specified
28 disease policies, nor to policies or contracts designed for
29 issuance to persons eligible for coverage under Title XVIII
30 of the Social Security Act, known as Medicare, or any other
31 similar coverage under State or federal governmental plans.
32 (Source: P.A. 92-764 eff. 1-1-03.)
33 (215 ILCS 5/356z.3)
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1 Sec. 356z.3 356z.2. Disclosure of limited benefit. An
2 insurer that issues, delivers, amends, or renews an
3 individual or group policy of accident and health insurance
4 in this State after the effective date of this amendatory Act
5 of the 92nd General Assembly and arranges, contracts with, or
6 administers contracts with a provider whereby beneficiaries
7 are provided an incentive to use the services of such
8 provider must include the following disclosure on its
9 contracts and evidences of coverage: "WARNING, LIMITED
10 BENEFITS WILL BE PAID WHEN NON-PARTICIPATING PROVIDERS ARE
11 USED. You should be aware that when you elect to utilize the
12 services of a non-participating provider for a covered
13 service in non-emergency situations, benefit payments to such
14 non-participating provider are not based upon the amount
15 billed. The basis of your benefit payment will be determined
16 according to your policy's fee schedule, usual and customary
17 charge (which is determined by comparing charges for similar
18 services adjusted to the geographical area where the services
19 are performed), or other method as defined by the policy. YOU
20 CAN EXPECT TO PAY MORE THAN THE COINSURANCE AMOUNT DEFINED IN
21 THE POLICY AFTER THE PLAN HAS PAID ITS REQUIRED PORTION.
22 Non-participating providers may bill members for any amount
23 up to the billed charge after the plan has paid its portion
24 of the bill. Participating providers have agreed to accept
25 discounted payments for services with no additional billing
26 to the member other than co-insurance and deductible amounts.
27 You may obtain further information about the participating
28 status of professional providers and information on
29 out-of-pocket expenses by calling the toll free telephone
30 number on your identification card.".
31 (Source: P.A. 92-579, eff. 1-1-03; revised 9-3-02.)
32 Section 37. The Public Utilities Act is amended by
33 changing Section 16-111 as follows:
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1 (220 ILCS 5/16-111)
2 Sec. 16-111. Rates and restructuring transactions during
3 mandatory transition period.
4 (a) During the mandatory transition period,
5 notwithstanding any provision of Article IX of this Act, and
6 except as provided in subsections (b), (d), (e), and (f) of
7 this Section, the Commission shall not (i) initiate,
8 authorize or order any change by way of increase (other than
9 in connection with a request for rate increase which was
10 filed after September 1, 1997 but prior to October 15, 1997,
11 by an electric utility serving less than 12,500 customers in
12 this State), (ii) initiate or, unless requested by the
13 electric utility, authorize or order any change by way of
14 decrease, restructuring or unbundling (except as provided in
15 Section 16-109A), in the rates of any electric utility that
16 were in effect on October 1, 1996, or (iii) in any order
17 approving any application for a merger pursuant to Section
18 7-204 that was pending as of May 16, 1997, impose any
19 condition requiring any filing for an increase, decrease, or
20 change in, or other review of, an electric utility's rates or
21 enforce any such condition of any such order; provided,
22 however, that this subsection shall not prohibit the
23 Commission from:
24 (1) approving the application of an electric
25 utility to implement an alternative to rate of return
26 regulation or a regulatory mechanism that rewards or
27 penalizes the electric utility through adjustment of
28 rates based on utility performance, pursuant to Section
29 9-244;
30 (2) authorizing an electric utility to eliminate
31 its fuel adjustment clause and adjust its base rate
32 tariffs in accordance with subsection (b), (d), or (f) of
33 Section 9-220 of this Act, to fix its fuel adjustment
34 factor in accordance with subsection (c) of Section 9-220
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1 of this Act, or to eliminate its fuel adjustment clause
2 in accordance with subsection (e) of Section 9-220 of
3 this Act;
4 (3) ordering into effect tariffs for delivery
5 services and transition charges in accordance with
6 Sections 16-104 and 16-108, for real-time pricing in
7 accordance with Section 16-107, or the options required
8 by Section 16-110 and subsection (n) of 16-112, allowing
9 a billing experiment in accordance with Section 16-106,
10 or modifying delivery services tariffs in accordance with
11 Section 16-109; or
12 (4) ordering or allowing into effect any tariff to
13 recover charges pursuant to Sections 9-201.5, 9-220.1,
14 9-221, 9-222 (except as provided in Section 9-222.1),
15 16-108, and 16-114 of this Act, Section 5-5 of the
16 Electricity Infrastructure Maintenance Fee Law, Section
17 6-5 of the Renewable Energy, Energy Efficiency, and Coal
18 Resources Development Law of 1997, and Section 13 of the
19 Energy Assistance Act.
20 After December 31, 2004, the provisions of this
21 subsection (a) shall not apply to an electric utility whose
22 average residential retail rate was less than or equal to 90%
23 of the average residential retail rate for the "Midwest
24 Utilities", as that term is defined in subsection (b) of this
25 Section, based on data reported on Form 1 to the Federal
26 Energy Regulatory Commission for calendar year 1995, and
27 which served between 150,000 and 250,000 retail customers in
28 this State on January 1, 1995 unless the electric utility or
29 its holding company has been acquired by or merged with an
30 affiliate of another electric utility subsequent to January
31 1, 2002. This exemption shall be limited to this subsection
32 (a) and shall not extend to any other provisions of this Act.
33 (b) Notwithstanding the provisions of subsection (a),
34 each Illinois electric utility serving more than 12,500
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1 customers in Illinois shall file tariffs (i) reducing,
2 effective August 1, 1998, each component of its base rates to
3 residential retail customers by 15% from the base rates in
4 effect immediately prior to January 1, 1998 and (ii) if the
5 public utility provides electric service to (A) more than
6 500,000 customers but less than 1,000,000 customers in this
7 State on January 1, 1999, reducing, effective May 1, 2002,
8 each component of its base rates to residential retail
9 customers by an additional 5% from the base rates in effect
10 immediately prior to January 1, 1998, or (B) at least
11 1,000,000 customers in this State on January 1, 1999,
12 reducing, effective October 1, 2001, each component of its
13 base rates to residential retail customers by an additional
14 5% from the base rates in effect immediately prior to January
15 1, 1998. Provided, however, that (A) if an electric utility's
16 average residential retail rate is less than or equal to the
17 average residential retail rate for a group of Midwest
18 Utilities (consisting of all investor-owned electric
19 utilities with annual system peaks in excess of 1000
20 megawatts in the States of Illinois, Indiana, Iowa, Kentucky,
21 Michigan, Missouri, Ohio, and Wisconsin), based on data
22 reported on Form 1 to the Federal Energy Regulatory
23 Commission for calendar year 1995, then it shall only be
24 required to file tariffs (i) reducing, effective August 1,
25 1998, each component of its base rates to residential retail
26 customers by 5% from the base rates in effect immediately
27 prior to January 1, 1998, (ii) reducing, effective October 1,
28 2000, each component of its base rates to residential retail
29 customers by the lesser of 5% of the base rates in effect
30 immediately prior to January 1, 1998 or the percentage by
31 which the electric utility's average residential retail rate
32 exceeds the average residential retail rate of the Midwest
33 Utilities, based on data reported on Form 1 to the Federal
34 Energy Regulatory Commission for calendar year 1999, and
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1 (iii) reducing, effective October 1, 2002, each component of
2 its base rates to residential retail customers by an
3 additional amount equal to the lesser of 5% of the base rates
4 in effect immediately prior to January 1, 1998 or the
5 percentage by which the electric utility's average
6 residential retail rate exceeds the average residential
7 retail rate of the Midwest Utilities, based on data reported
8 on Form 1 to the Federal Energy Regulatory Commission for
9 calendar year 2001; and (B) if the average residential retail
10 rate of an electric utility serving between 150,000 and
11 250,000 retail customers in this State on January 1, 1995 is
12 less than or equal to 90% of the average residential retail
13 rate for the Midwest Utilities, based on data reported on
14 Form 1 to the Federal Energy Regulatory Commission for
15 calendar year 1995, then it shall only be required to file
16 tariffs (i) reducing, effective August 1, 1998, each
17 component of its base rates to residential retail customers
18 by 2% from the base rates in effect immediately prior to
19 January 1, 1998; (ii) reducing, effective October 1, 2000,
20 each component of its base rates to residential retail
21 customers by 2% from the base rate in effect immediately
22 prior to January 1, 1998; and (iii) reducing, effective
23 October 1, 2002, each component of its base rates to
24 residential retail customers by 1% from the base rates in
25 effect immediately prior to January 1, 1998. Provided,
26 further, that any electric utility for which a decrease in
27 base rates has been or is placed into effect between October
28 1, 1996 and the dates specified in the preceding sentences of
29 this subsection, other than pursuant to the requirements of
30 this subsection, shall be entitled to reduce the amount of
31 any reduction or reductions in its base rates required by
32 this subsection by the amount of such other decrease. The
33 tariffs required under this subsection shall be filed 45 days
34 in advance of the effective date. Notwithstanding anything to
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1 the contrary in Section 9-220 of this Act, no restatement of
2 base rates in conjunction with the elimination of a fuel
3 adjustment clause under that Section shall result in a lesser
4 decrease in base rates than customers would otherwise receive
5 under this subsection had the electric utility's fuel
6 adjustment clause not been eliminated.
7 (c) Any utility reducing its base rates by 15% on August
8 1, 1998 pursuant to subsection (b) shall include the
9 following statement on its bills for residential customers
10 from August 1 through December 31, 1998: "Effective August 1,
11 1998, your rates have been reduced by 15% by the Electric
12 Service Customer Choice and Rate Relief Law of 1997 passed by
13 the Illinois General Assembly.". Any utility reducing its
14 base rates by 5% on August 1, 1998, pursuant to subsection
15 (b) shall include the following statement on its bills for
16 residential customers from August 1 through December 31,
17 1998: "Effective August 1, 1998, your rates have been
18 reduced by 5% by the Electric Service Customer Choice and
19 Rate Relief Law of 1997 passed by the Illinois General
20 Assembly.".
21 Any utility reducing its base rates by 2% on August 1,
22 1998 pursuant to subsection (b) shall include the following
23 statement on its bills for residential customers from August
24 1 through December 31, 1998: "Effective August 1, 1998, your
25 rates have been reduced by 2% by the Electric Service
26 Customer Choice and Rate Relief Law of 1997 passed by the
27 Illinois General Assembly.".
28 (d) During the mandatory transition period, but not
29 before January 1, 2000, and notwithstanding the provisions of
30 subsection (a), an electric utility may request an increase
31 in its base rates if the electric utility demonstrates that
32 the 2-year average of its earned rate of return on common
33 equity, calculated as its net income applicable to common
34 stock divided by the average of its beginning and ending
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1 balances of common equity using data reported in the electric
2 utility's Form 1 report to the Federal Energy Regulatory
3 Commission but adjusted to remove the effects of accelerated
4 depreciation or amortization or other transition or
5 mitigation measures implemented by the electric utility
6 pursuant to subsection (g) of this Section and the effect of
7 any refund paid pursuant to subsection (e) of this Section,
8 is below the 2-year average for the same 2 years of the
9 monthly average yields of 30-year U.S. Treasury bonds
10 published by the Board of Governors of the Federal Reserve
11 System in its weekly H.15 Statistical Release or successor
12 publication. The Commission shall review the electric
13 utility's request, and may review the justness and
14 reasonableness of all rates for tariffed services, in
15 accordance with the provisions of Article IX of this Act,
16 provided that the Commission shall consider any special or
17 negotiated adjustments to the revenue requirement agreed to
18 between the electric utility and the other parties to the
19 proceeding. In setting rates under this Section, the
20 Commission shall exclude the costs and revenues that are
21 associated with competitive services and any billing or
22 pricing experiments conducted under Section 16-106.
23 (e) For the purposes of this subsection (e) all
24 calculations and comparisons shall be performed for the
25 Illinois operations of multijurisdictional utilities. During
26 the mandatory transition period, notwithstanding the
27 provisions of subsection (a), if the 2-year average of an
28 electric utility's earned rate of return on common equity,
29 calculated as its net income applicable to common stock
30 divided by the average of its beginning and ending balances
31 of common equity using data reported in the electric
32 utility's Form 1 report to the Federal Energy Regulatory
33 Commission but adjusted to remove the effect of any refund
34 paid under this subsection (e), and further adjusted to
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1 include the annual amortization of any difference between the
2 consideration received by an affiliated interest of the
3 electric utility in the sale of an asset which had been sold
4 or transferred by the electric utility to the affiliated
5 interest subsequent to the effective date of this amendatory
6 Act of 1997 and the consideration for which such asset had
7 been sold or transferred to the affiliated interest, with
8 such difference to be amortized ratably from the date of the
9 sale by the affiliated interest to December 31, 2006, exceeds
10 the 2-year average of the Index for the same 2 years by 1.5
11 or more percentage points, the electric utility shall make
12 refunds to customers beginning the first billing day of April
13 in the following year in the manner described in paragraph
14 (3) of this subsection. For purposes of this subsection (e),
15 the "Index" shall be the sum of (A) the average for the 12
16 months ended September 30 of the monthly average yields of
17 30-year U.S. Treasury bonds published by the Board of
18 Governors of the Federal Reserve System in its weekly H.15
19 Statistical Release or successor publication for each year
20 1998 through 2006, and (B) (i) 4.00 percentage points for
21 each of the 12-month periods ending September 30, 1998
22 through September 30, 1999 or 8.00 percentage points if the
23 electric utility's average residential retail rate is less
24 than or equal to 90% of the average residential retail rate
25 for the "Midwest Utilities", as that term is defined in
26 subsection (b) of this Section, based on data reported on
27 Form 1 to the Federal Energy Regulatory Commission for
28 calendar year 1995, and the electric utility served between
29 150,000 and 250,000 retail customers on January 1, 1995, (ii)
30 7.00 percentage points for each of the 12-month periods
31 ending September 30, 2000 through September 30, 2006 if the
32 electric utility was providing service to at least 1,000,000
33 customers in this State on January 1, 1999, or 9.00
34 percentage points if the electric utility's average
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1 residential retail rate is less than or equal to 90% of the
2 average residential retail rate for the "Midwest Utilities",
3 as that term is defined in subsection (b) of this Section,
4 based on data reported on Form 1 to the Federal Energy
5 Regulatory Commission for calendar year 1995 and the electric
6 utility served between 150,000 and 250,000 retail customers
7 in this State on January 1, 1995, (iii) 11.00 percentage
8 points for each of the 12-month periods ending September 30,
9 2000 through September 30, 2006, but only if the electric
10 utility's average residential retail rate is less than or
11 equal to 90% of the average residential retail rate for the
12 "Midwest Utilities", as that term is defined in subsection
13 (b) of this Section, based on data reported on Form 1 to the
14 Federal Energy Regulatory Commission for calendar year 1995,
15 the electric utility served between 150,000 and 250,000
16 retail customers in this State on January 1, 1995, and the
17 electric utility offers delivery services on or before June
18 1, 2000 to retail customers whose annual electric energy use
19 comprises 33% of the kilowatt hour sales to that group of
20 retail customers that are classified under Division D, Groups
21 20 through 39 of the Standard Industrial Classifications set
22 forth in the Standard Industrial Classification Manual
23 published by the United States Office of Management and
24 Budget, excluding the kilowatt hour sales to those customers
25 that are eligible for delivery services pursuant to Section
26 16-104(a)(1)(i), and offers delivery services to its
27 remaining retail customers classified under Division D,
28 Groups 20 through 39 on or before October 1, 2000, and,
29 provided further, that the electric utility commits not to
30 petition pursuant to Section 16-108(f) for entry of an order
31 by the Commission authorizing the electric utility to
32 implement transition charges for an additional period after
33 December 31, 2006, or (iv) 5.00 percentage points for each of
34 the 12-month periods ending September 30, 2000 through
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1 September 30, 2006 for all other electric utilities or 7.00
2 percentage points for such utilities for each of the 12-month
3 periods ending September 30, 2000 through September 30, 2006
4 for any such utility that commits not to petition pursuant to
5 Section 16-108(f) for entry of an order by the Commission
6 authorizing the electric utility to implement transition
7 charges for an additional period after December 31, 2006 or
8 11.00 percentage points for each of the 12-month periods
9 ending September 30, 2005 and September 30, 2006 for each
10 electric utility providing service to fewer than 6,500, or
11 between 75,000 and 150,000, electric retail customers in this
12 State on January 1, 1995 if such utility commits not to
13 petition pursuant to Section 16-108(f) for entry of an order
14 by the Commission authorizing the electric utility to
15 implement transition charges for an additional period after
16 December 31, 2006.
17 (1) For purposes of this subsection (e), "excess
18 earnings" means the difference between (A) the 2-year
19 average of the electric utility's earned rate of return
20 on common equity, less (B) the 2-year average of the sum
21 of (i) the Index applicable to each of the 2 years and
22 (ii) 1.5 percentage points; provided, that "excess
23 earnings" shall never be less than zero.
24 (2) On or before March 31 of each year 2000 through
25 2007 each electric utility shall file a report with the
26 Commission showing its earned rate of return on common
27 equity, calculated in accordance with this subsection,
28 for the preceding calendar year and the average for the
29 preceding 2 calendar years.
30 (3) If an electric utility has excess earnings,
31 determined in accordance with paragraphs (1) and (2) of
32 this subsection, the refunds which the electric utility
33 shall pay to its customers beginning the first billing
34 day of April in the following year shall be calculated
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1 and applied as follows:
2 (i) The electric utility's excess earnings
3 shall be multiplied by the average of the beginning
4 and ending balances of the electric utility's common
5 equity for the 2-year period in which excess
6 earnings occurred.
7 (ii) The result of the calculation in (i)
8 shall be multiplied by 0.50 and then divided by a
9 number equal to 1 minus the electric utility's
10 composite federal and State income tax rate.
11 (iii) The result of the calculation in (ii)
12 shall be divided by the sum of the electric
13 utility's projected total kilowatt-hour sales to
14 retail customers plus projected kilowatt-hours to be
15 delivered to delivery services customers over a one
16 year period beginning with the first billing date in
17 April in the succeeding year to determine a cents
18 per kilowatt-hour refund factor.
19 (iv) The cents per kilowatt-hour refund factor
20 calculated in (iii) shall be credited to the
21 electric utility's customers by applying the factor
22 on the customer's monthly bills to each
23 kilowatt-hour sold or delivered until the total
24 amount calculated in (ii) has been paid to
25 customers.
26 (f) During the mandatory transition period, an electric
27 utility may file revised tariffs reducing the price of any
28 tariffed service offered by the electric utility for all
29 customers taking that tariffed service, which shall be
30 effective 7 days after filing.
31 (g) During the mandatory transition period, an electric
32 utility may, without obtaining any approval of the Commission
33 other than that provided for in this subsection and
34 notwithstanding any other provision of this Act or any rule
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1 or regulation of the Commission that would require such
2 approval:
3 (1) implement a reorganization, other than a merger
4 of 2 or more public utilities as defined in Section 3-105
5 or their holding companies;
6 (2) retire generating plants from service;
7 (3) sell, assign, lease or otherwise transfer
8 assets to an affiliated or unaffiliated entity and as
9 part of such transaction enter into service agreements,
10 power purchase agreements, or other agreements with the
11 transferee; provided, however, that the prices, terms and
12 conditions of any power purchase agreement must be
13 approved or allowed into effect by the Federal Energy
14 Regulatory Commission; or
15 (4) use any accelerated cost recovery method
16 including accelerated depreciation, accelerated
17 amortization or other capital recovery methods, or record
18 reductions to the original cost of its assets.
19 In order to implement a reorganization, retire generating
20 plants from service, or sell, assign, lease or otherwise
21 transfer assets pursuant to this Section, the electric
22 utility shall comply with subsections (c) and (d) of Section
23 16-128, if applicable, and subsection (k) of this Section, if
24 applicable, and provide the Commission with at least 30 days
25 notice of the proposed reorganization or transaction, which
26 notice shall include the following information:
27 (i) a complete statement of the entries that
28 the electric utility will make on its books and
29 records of account to implement the proposed
30 reorganization or transaction together with a
31 certification from an independent certified public
32 accountant that such entries are in accord with
33 generally accepted accounting principles and, if the
34 Commission has previously approved guidelines for
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1 cost allocations between the utility and its
2 affiliates, a certification from the chief
3 accounting officer of the utility that such entries
4 are in accord with those cost allocation guidelines;
5 (ii) a description of how the electric utility
6 will use proceeds of any sale, assignment, lease or
7 transfer to retire debt or otherwise reduce or
8 recover the costs of services provided by such
9 electric utility;
10 (iii) a list of all federal approvals or
11 approvals required from departments and agencies of
12 this State, other than the Commission, that the
13 electric utility has or will obtain before
14 implementing the reorganization or transaction;
15 (iv) an irrevocable commitment by the electric
16 utility that it will not, as a result of the
17 transaction, impose any stranded cost charges that
18 it might otherwise be allowed to charge retail
19 customers under federal law or increase the
20 transition charges that it is otherwise entitled to
21 collect under this Article XVI; and
22 (v) if the electric utility proposes to sell,
23 assign, lease or otherwise transfer a generating
24 plant that brings the amount of net dependable
25 generating capacity transferred pursuant to this
26 subsection to an amount equal to or greater than 15%
27 of the electric utility's net dependable capacity as
28 of the effective date of this amendatory Act of
29 1997, and enters into a power purchase agreement
30 with the entity to which such generating plant is
31 sold, assigned, leased, or otherwise transferred,
32 the electric utility also agrees, if its fuel
33 adjustment clause has not already been eliminated,
34 to eliminate its fuel adjustment clause in
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1 accordance with subsection (b) of Section 9-220 for
2 a period of time equal to the length of any such
3 power purchase agreement or successor agreement, or
4 until January 1, 2005, whichever is longer; if the
5 capacity of the generating plant so transferred and
6 related power purchase agreement does not result in
7 the elimination of the fuel adjustment clause under
8 this subsection, and the fuel adjustment clause has
9 not already been eliminated, the electric utility
10 shall agree that the costs associated with the
11 transferred plant that are included in the
12 calculation of the rate per kilowatt-hour to be
13 applied pursuant to the electric utility's fuel
14 adjustment clause during such period shall not
15 exceed the per kilowatt-hour cost associated with
16 such generating plant included in the electric
17 utility's fuel adjustment clause during the full
18 calendar year preceding the transfer, with such
19 limit to be adjusted each year thereafter by the
20 Gross Domestic Product Implicit Price Deflator.
21 (vi) In addition, if the electric utility
22 proposes to sell, assign, or lease, (A) either (1)
23 an amount of generating plant that brings the amount
24 of net dependable generating capacity transferred
25 pursuant to this subsection to an amount equal to or
26 greater than 15% of its net dependable capacity on
27 the effective date of this amendatory Act of 1997,
28 or (2) one or more generating plants with a total
29 net dependable capacity of 1100 megawatts, or (B)
30 transmission and distribution facilities that either
31 (1) bring the amount of transmission and
32 distribution facilities transferred pursuant to this
33 subsection to an amount equal to or greater than 15%
34 of the electric utility's total depreciated original
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1 cost investment in such facilities, or (2) represent
2 an investment of $25,000,000 in terms of total
3 depreciated original cost, the electric utility
4 shall provide, in addition to the information listed
5 in subparagraphs (i) through (v), the following
6 information: (A) a description of how the electric
7 utility will meet its service obligations under this
8 Act in a safe and reliable manner and (B) the
9 electric utility's projected earned rate of return
10 on common equity, calculated in accordance with
11 subsection (d) of this Section, for each year from
12 the date of the notice through December 31, 2006
13 both with and without the proposed transaction. If
14 the Commission has not issued an order initiating a
15 hearing on the proposed transaction within 30 days
16 after the date the electric utility's notice is
17 filed, the transaction shall be deemed approved.
18 The Commission may, after notice and hearing,
19 prohibit the proposed transaction if it makes either
20 or both of the following findings: (1) that the
21 proposed transaction will render the electric
22 utility unable to provide its tariffed services in a
23 safe and reliable manner, or (2) that there is a
24 strong likelihood that consummation of the proposed
25 transaction will result in the electric utility
26 being entitled to request an increase in its base
27 rates during the mandatory transition period
28 pursuant to subsection (d) of this Section. Any
29 hearing initiated by the Commission into the
30 proposed transaction shall be completed, and the
31 Commission's final order approving or prohibiting
32 the proposed transaction shall be entered, within 90
33 days after the date the electric utility's notice
34 was filed. Provided, however, that a sale,
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1 assignment, or lease of transmission facilities to
2 an independent system operator that meets the
3 requirements of Section 16-126 shall not be subject
4 to Commission approval under this Section.
5 In any proceeding conducted by the Commission
6 pursuant to this subparagraph (vi), intervention
7 shall be limited to parties with a direct interest
8 in the transaction which is the subject of the
9 hearing and any statutory consumer protection agency
10 as defined in subsection (d) of Section 9-102.1.
11 Notwithstanding the provisions of Section 10-113 of
12 this Act, any application seeking rehearing of an
13 order issued under this subparagraph (vi), whether
14 filed by the electric utility or by an intervening
15 party, shall be filed within 10 days after service
16 of the order.
17 The Commission shall not in any subsequent proceeding or
18 otherwise, review such a reorganization or other transaction
19 authorized by this Section, but shall retain the authority to
20 allocate costs as stated in Section 16-111(i). An entity to
21 which an electric utility sells, assigns, leases or transfers
22 assets pursuant to this subsection (g) shall not, as a result
23 of the transactions specified in this subsection (g), be
24 deemed a public utility as defined in Section 3-105. Nothing
25 in this subsection (g) shall change any requirement under the
26 jurisdiction of the Illinois Department of Nuclear Safety
27 including, but not limited to, the payment of fees. Nothing
28 in this subsection (g) shall exempt a utility from obtaining
29 a certificate pursuant to Section 8-406 of this Act for the
30 construction of a new electric generating facility. Nothing
31 in this subsection (g) is intended to exempt the transactions
32 hereunder from the operation of the federal or State
33 antitrust laws. Nothing in this subsection (g) shall require
34 an electric utility to use the procedures specified in this
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1 subsection for any of the transactions specified herein. Any
2 other procedure available under this Act may, at the electric
3 utility's election, be used for any such transaction.
4 (h) During the mandatory transition period, the
5 Commission shall not establish or use any rates of
6 depreciation, which for purposes of this subsection shall
7 include amortization, for any electric utility other than
8 those established pursuant to subsection (c) of Section 5-104
9 of this Act or utilized pursuant to subsection (g) of this
10 Section. Provided, however, that in any proceeding to review
11 an electric utility's rates for tariffed services pursuant to
12 Section 9-201, 9-202, 9-250 or 16-111(d) of this Act, the
13 Commission may establish new rates of depreciation for the
14 electric utility in the same manner provided in subsection
15 (d) of Section 5-104 of this Act. An electric utility
16 implementing an accelerated cost recovery method including
17 accelerated depreciation, accelerated amortization or other
18 capital recovery methods, or recording reductions to the
19 original cost of its assets, pursuant to subsection (g) of
20 this Section, shall file a statement with the Commission
21 describing the accelerated cost recovery method to be
22 implemented or the reduction in the original cost of its
23 assets to be recorded. Upon the filing of such statement,
24 the accelerated cost recovery method or the reduction in the
25 original cost of assets shall be deemed to be approved by the
26 Commission as though an order had been entered by the
27 Commission.
28 (i) Subsequent to the mandatory transition period, the
29 Commission, in any proceeding to establish rates and charges
30 for tariffed services offered by an electric utility, shall
31 consider only (1) the then current or projected revenues,
32 costs, investments and cost of capital directly or indirectly
33 associated with the provision of such tariffed services; (2)
34 collection of transition charges in accordance with Sections
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1 16-102 and 16-108 of this Act; (3) recovery of any employee
2 transition costs as described in Section 16-128 which the
3 electric utility is continuing to incur, including recovery
4 of any unamortized portion of such costs previously incurred
5 or committed, with such costs to be equitably allocated among
6 bundled services, delivery services, and contracts with
7 alternative retail electric suppliers; and (4) recovery of
8 the costs associated with the electric utility's compliance
9 with decommissioning funding requirements; and shall not
10 consider any other revenues, costs, investments or cost of
11 capital of either the electric utility or of any affiliate of
12 the electric utility that are not associated with the
13 provision of tariffed services. In setting rates for
14 tariffed services, the Commission shall equitably allocate
15 joint and common costs and investments between the electric
16 utility's competitive and tariffed services. In determining
17 the justness and reasonableness of the electric power and
18 energy component of an electric utility's rates for tariffed
19 services subsequent to the mandatory transition period and
20 prior to the time that the provision of such electric power
21 and energy is declared competitive, the Commission shall
22 consider the extent to which the electric utility's tariffed
23 rates for such component for each customer class exceed the
24 market value determined pursuant to Section 16-112, and, if
25 the electric power and energy component of such tariffed rate
26 exceeds the market value by more than 10% for any customer
27 class, may establish such electric power and energy component
28 at a rate equal to the market value plus 10%. In any such
29 case, the Commission may also elect to extend the provisions
30 of Section 16-111(e) for any period in which the electric
31 utility is collecting transition charges, using information
32 applicable to such period.
33 (j) During the mandatory transition period, an electric
34 utility may elect to transfer to a non-operating income
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1 account under the Commission's Uniform System of Accounts
2 either or both of (i) an amount of unamortized investment tax
3 credit that is in addition to the ratable amount which is
4 credited to the electric utility's operating income account
5 for the year in accordance with Section 46(f)(2) of the
6 federal Internal Revenue Code of 1986, as in effect prior to
7 P.L. 101-508, or (ii) "excess tax reserves", as that term is
8 defined in Section 203(e)(2)(A) of the federal Tax Reform Act
9 of 1986, provided that (A) the amount transferred may not
10 exceed the amount of the electric utility's assets that were
11 created pursuant to Statement of Financial Accounting
12 Standards No. 71 which the electric utility has written off
13 during the mandatory transition period, and (B) the transfer
14 shall not be effective until approved by the Internal Revenue
15 Service. An electric utility electing to make such a
16 transfer shall file a statement with the Commission stating
17 the amount and timing of the transfer for which it intends to
18 request approval of the Internal Revenue Service, along with
19 a copy of its proposed request to the Internal Revenue
20 Service for a ruling. The Commission shall issue an order
21 within 14 days after the electric utility's filing approving,
22 subject to receipt of approval from the Internal Revenue
23 Service, the proposed transfer.
24 (k) If an electric utility is selling or transferring to
25 a single buyer 5 or more generating plants located in this
26 State with a total net dependable capacity of 5000 megawatts
27 or more pursuant to subsection (g) of this Section and has
28 obtained a sale price or consideration that exceeds 200% of
29 the book value of such plants, the electric utility must
30 provide to the Governor, the President of the Illinois
31 Senate, the Minority Leader of the Illinois Senate, the
32 Speaker of the Illinois House of Representatives, and the
33 Minority Leader of the Illinois House of Representatives no
34 later than 15 days after filing its notice under subsection
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1 (g) of this Section or 5 days after the date on which this
2 subsection (k) becomes law, whichever is later, a written
3 commitment in which such electric utility agrees to expend $2
4 billion outside the corporate limits of any municipality with
5 1,000,000 or more inhabitants within such electric utility's
6 service area, over a 6-year period beginning with the
7 calendar year in which the notice is filed, on projects,
8 programs, and improvements within its service area relating
9 to transmission and distribution including, without
10 limitation, infrastructure expansion, repair and replacement,
11 capital investments, operations and maintenance, and
12 vegetation management.
13 (Source: P.A. 91-50, eff. 6-30-99; 92-537, eff. 6-6-02;
14 92-690, eff. 7-18-02; revised 9-10-02)
15 Section 37.5. The Nursing and Advanced Practice Nursing
16 Act is amended by changing Section 10-30 as follows:
17 (225 ILCS 65/10-30)
18 (Section scheduled to be repealed on January 1, 2008)
19 Sec. 10-30. Qualifications for licensure.
20 (a) Each applicant who successfully meets the
21 requirements of this Section shall be entitled to licensure
22 as a Registered Nurse or Licensed Practical Nurse, whichever
23 is applicable.
24 (b) An applicant for licensure by examination to
25 practice as a registered nurse or licensed practical nurse
26 shall:
27 (1) submit a completed written application, on
28 forms provided by the Department and fees as established
29 by the Department;
30 (2) for registered nurse licensure, have graduated
31 from a professional nursing education program approved by
32 the Department;
-289- LRB093 05878 EFG 05971 b
1 (2.5) for licensed practical nurse licensure, have
2 graduated graduate from a practical nursing education
3 program approved by the Department;
4 (3) have not violated the provisions of Section
5 10-45 of this Act. The Department may take into
6 consideration any felony conviction of the applicant, but
7 such a conviction shall not operate as an absolute bar to
8 licensure;
9 (4) meet all other requirements as established by
10 rule;
11 (5) pay, either to the Department or its designated
12 testing service, a fee covering the cost of providing the
13 examination. Failure to appear for the examination on
14 the scheduled date at the time and place specified after
15 the applicant's application for examination has been
16 received and acknowledged by the Department or the
17 designated testing service shall result in the forfeiture
18 of the examination fee.
19 If an applicant neglects, fails, or refuses to take an
20 examination or fails to pass an examination for a license
21 under this Act within 3 years after filing the application,
22 the application shall be denied. However, the applicant may
23 make a new application accompanied by the required fee and
24 provide evidence of meeting the requirements in force at the
25 time of the new application.
26 An applicant may take and successfully complete a
27 Department-approved examination in another jurisdiction.
28 However, an applicant who has never been licensed previously
29 in any jurisdiction that utilizes a Department-approved
30 examination and who has taken and failed to pass the
31 examination within 3 years after filing the application must
32 submit proof of successful completion of a
33 Department-authorized nursing education program or
34 recompletion of an approved registered nursing program or
-290- LRB093 05878 EFG 05971 b
1 licensed practical nursing program, as appropriate, prior to
2 re-application.
3 An applicant shall have one year from the date of
4 notification of successful completion of the examination to
5 apply to the Department for a license. If an applicant fails
6 to apply within one year, the applicant shall be required to
7 again take and pass the examination unless licensed in
8 another jurisdiction of the United States within one year of
9 passing the examination.
10 (c) An applicant for licensure by endorsement who is a
11 registered professional nurse or a licensed practical nurse
12 licensed by examination under the laws of another state or
13 territory of the United States or a foreign country,
14 jurisdiction, territory, or province shall:
15 (1) submit a completed written application, on
16 forms supplied by the Department, and fees as established
17 by the Department;
18 (2) for registered nurse licensure, have graduated
19 from a professional nursing education program approved by
20 the Department;
21 (2.5) for licensed practical nurse licensure, have
22 graduated from a practical nursing education program
23 approved by the Department;
24 (3) submit verification of licensure status
25 directly from the United States jurisdiction of
26 licensure, if applicable, as defined by rule;
27 (4) have passed the examination authorized by the
28 Department;
29 (5) meet all other requirements as established by
30 rule.
31 (d) All applicants for registered nurse licensure
32 pursuant to item (2) of subsection (b) and item (2) of
33 subsection (c) of this Section who are graduates of nursing
34 educational programs in a country other than the United
-291- LRB093 05878 EFG 05971 b
1 States or its territories must submit to the Department
2 certification of successful completion of the Commission of
3 Graduates of Foreign Nursing Schools (CGFNS) examination. An
4 applicant who is unable to provide appropriate documentation
5 to satisfy CGFNS of her or his educational qualifications for
6 the CGFNS examination shall be required to pass an
7 examination to test competency in the English language, which
8 shall be prescribed by the Department, if the applicant is
9 determined by the Board to be educationally prepared in
10 nursing. The Board shall make appropriate inquiry into the
11 reasons for any adverse determination by CGFNS before making
12 its own decision.
13 An applicant licensed in another state or territory who
14 is applying for licensure and has received her or his
15 education in a country other than the United States or its
16 territories shall be exempt from the completion of the
17 Commission of Graduates of Foreign Nursing Schools (CGFNS)
18 examination if the applicant meets all of the following
19 requirements:
20 (1) successful passage of the licensure examination
21 authorized by the Department;
22 (2) holds an active, unencumbered license in
23 another state; and
24 (3) has been actively practicing for a minimum of 2
25 years in another state.
26 (e) (Blank).
27 (f) Pending the issuance of a license under subsection
28 (c) of this Section, the Department may grant an applicant a
29 temporary license to practice nursing as a registered nurse
30 or as a licensed practical nurse if the Department is
31 satisfied that the applicant holds an active, unencumbered
32 license in good standing in another jurisdiction. If the
33 applicant holds more than one current active license, or one
34 or more active temporary licenses from other jurisdictions,
-292- LRB093 05878 EFG 05971 b
1 the Department shall not issue a temporary license until it
2 is satisfied that each current active license held by the
3 applicant is unencumbered. The temporary license, which
4 shall be issued no later than 14 working days following
5 receipt by the Department of an application for the temporary
6 license, shall be granted upon the submission of the
7 following to the Department:
8 (1) a signed and completed application for
9 licensure under subsection (a) of this Section as a
10 registered nurse or a licensed practical nurse;
11 (2) proof of a current, active license in at least
12 one other jurisdiction and proof that each current active
13 license or temporary license held by the applicant within
14 the last 5 years is unencumbered;
15 (3) a signed and completed application for a
16 temporary license; and
17 (4) the required temporary license fee.
18 (g) The Department may refuse to issue an applicant a
19 temporary license authorized pursuant to this Section if,
20 within 14 working days following its receipt of an
21 application for a temporary license, the Department
22 determines that:
23 (1) the applicant has been convicted of a crime
24 under the laws of a jurisdiction of the United States:
25 (i) which is a felony; or (ii) which is a misdemeanor
26 directly related to the practice of the profession,
27 within the last 5 years;
28 (2) within the last 5 years the applicant has had a
29 license or permit related to the practice of nursing
30 revoked, suspended, or placed on probation by another
31 jurisdiction, if at least one of the grounds for
32 revoking, suspending, or placing on probation is the same
33 or substantially equivalent to grounds in Illinois; or
34 (3) it intends to deny licensure by endorsement.
-293- LRB093 05878 EFG 05971 b
1 For purposes of this Section, an "unencumbered license"
2 means a license against which no disciplinary action has been
3 taken or is pending and for which all fees and charges are
4 paid and current.
5 (h) The Department may revoke a temporary license issued
6 pursuant to this Section if:
7 (1) it determines that the applicant has been
8 convicted of a crime under the law of any jurisdiction of
9 the United States that is (i) a felony or (ii) a
10 misdemeanor directly related to the practice of the
11 profession, within the last 5 years;
12 (2) it determines that within the last 5 years the
13 applicant has had a license or permit related to the
14 practice of nursing revoked, suspended, or placed on
15 probation by another jurisdiction, if at least one of the
16 grounds for revoking, suspending, or placing on probation
17 is the same or substantially equivalent to grounds in
18 Illinois; or
19 (3) it determines that it intends to deny licensure
20 by endorsement.
21 A temporary license shall expire 6 months from the date
22 of issuance. Further renewal may be granted by the
23 Department in hardship cases, as defined by rule and upon
24 approval of the Director. However, a temporary license shall
25 automatically expire upon issuance of the Illinois license or
26 upon notification that the Department intends to deny
27 licensure, whichever occurs first.
28 (i) Applicants have 3 years from the date of application
29 to complete the application process. If the process has not
30 been completed within 3 years from the date of application,
31 the application shall be denied, the fee forfeited, and the
32 applicant must reapply and meet the requirements in effect at
33 the time of reapplication.
34 (Source: P.A. 92-39, eff. 6-29-01; 92-744, eff. 7-25-02;
-294- LRB093 05878 EFG 05971 b
1 revised 2-17-03.)
2 Section 38. The Elevator Safety and Regulation Act is
3 amended by changing Sections 15 and 25 as follows:
4 (225 ILCS 312/15)
5 (Section scheduled to be repealed on January 1, 2013)
6 Sec. 15. Definitions. For the purpose of this Act:
7 "Administrator" means the Office of the State Fire
8 Marshal.
9 "ANSI A10.4" means the safety requirements for personnel
10 hoists, an American National Standard.
11 "ASCE 21" means the American Society of Civil Engineers
12 Automated People Mover Standards.
13 "ASME A17.1" means the Safety Code for Elevators and
14 Escalators, an American National Standard.
15 "ASME A17.3" means the Safety Code for Existing Elevators
16 and Escalators, an American National Standard.
17 "ASME A18.1" means the Safety Standard for Platform Lifts
18 and Stairway Chairlifts, an American National Standard.
19 "Automated people mover" means an installation as defined
20 as an "automated people mover" in ASCE 21.
21 "Board" means the Elevator Safety Review Board.
22 "Certificate of operation" means a certificate issued by
23 the Administrator that indicates that the conveyance has
24 passed the required safety inspection and tests and fees have
25 been paid as set forth in this Act. The Administrator may
26 issue a temporary certificate of operation that permits the
27 temporary use of a non-compliant conveyance by the general
28 public for a limited time of 30 days while minor repairs are
29 being completed.
30 "Conveyance" means any elevator, dumbwaiter, escalator,
31 moving sidewalk, platform lifts, stairway chairlifts and
32 automated people movers.
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1 "Elevator" means an installation defined as an "elevator"
2 in ASME A17.1.
3 "Elevator contractor" means any person, firm, or
4 corporation who possesses an elevator contractor's license in
5 accordance with the provisions of Sections 40 and 55 of this
6 Act and who is engaged in the business of erecting,
7 constructing, installing, altering, servicing, repairing, or
8 maintaining elevators or related conveyance covered by this
9 Act.
10 "Elevator contractor's license" means a license issued
11 to an elevator contractor who has proven his or her
12 qualifications and ability and has been authorized by the
13 Elevator Safety Review Board to possess this type of license.
14 It shall entitle the holder thereof to engage in the business
15 of erecting, constructing, installing, altering, servicing,
16 testing, repairing, or maintaining elevators or related
17 conveyance covered by this Act. The Administrator may issue
18 a limited elevator contractor's license authorizing a firm or
19 company that employs individuals to carry on a business of
20 erecting, constructing, installing, altering, servicing,
21 repairing, or maintaining platform lifts and stairway
22 chairlifts within any building or structure, including but
23 not limited to private residences.
24 "Elevator inspector" means any person who possesses an
25 elevator inspector's license in accordance with the
26 provisions of this Act or any person who performs the duties
27 and functions of an elevator inspector for any unit of local
28 government with a population greater than 500,000 prior to or
29 on the effective date of this Act.
30 "Elevator mechanic" means any person who possesses an
31 elevator mechanic's license in accordance with the provisions
32 of Sections 40 and 45 of this Act and who is engaged in
33 erecting, constructing, installing, altering, servicing,
34 repairing, or maintaining elevators or related conveyance
-296- LRB093 05878 EFG 05971 b
1 covered by this Act.
2 "Elevator mechanic's license" means a license issued to a
3 person who has proven his or her qualifications and ability
4 and has been authorized by the Elevator Safety Review Board
5 to work on conveyance equipment. It shall entitle the holder
6 thereof to install, construct, alter, service, repair, test,
7 maintain, and perform electrical work on elevators or related
8 conveyance covered by this Act.
9 "Escalator" means an installation defined as an
10 "escalator" in ASME A17.1.
11 "Existing installation" means an installation defined as
12 an "installation, existing" in ASME A17.1.
13 "Inspector's license" means a license issued to a person
14 who has proven his or her qualifications and ability and has
15 been authorized by the Elevator Safety Review Board to
16 possess this type of license. It shall entitle the holder
17 thereof to engage in the business of inspecting elevators or
18 related conveyance covered by this Act.
19 "License" means a written license, duly issued by the
20 Administrator, authorizing a person, firm, or company to
21 carry on the business of erecting, constructing, installing,
22 altering, servicing, repairing, maintaining, or performing
23 inspections of elevators or related conveyance covered by
24 this Act.
25 "Material alteration" means an "alteration" as defined by
26 the Board.
27 "Moving walk" means an installation as defined as a
28 "moving walk" in ASME A17.1.
29 "Private residence" means a separate dwelling or a
30 separate apartment in a multiple dwelling that is occupied by
31 members of a single-family unit.
32 "Repair" has the meaning defined by the Board, which does
33 not require a permit.
34 "Temporarily dormant" means an elevator, dumbwaiter, or
-297- LRB093 05878 EFG 05971 b
1 escalator:
2 (1) with a power supply that has been disconnected
3 by removing fuses and placing a padlock on the mainline
4 disconnect switch in the "off" position;
5 (2) with a car that is parked and hoistway doors
6 that are in the closed and latched position;
7 (3) with a wire seal on the mainline disconnect
8 switch installed by a licensed elevator inspector;
9 (4) that shall not be used again until it has been
10 put in safe running order and is in condition for use;
11 (5) requiring annual inspections for the duration
12 of the temporarily dormant status by a licensed elevator
13 inspector;
14 (6) that has a "temporarily dormant" status that is
15 renewable on an annual basis, not to exceed a one-year
16 period;
17 (7) requiring the inspector to file a report with
18 the chief elevator inspector describing the current
19 conditions; and
20 (8) with a wire seal and padlock that shall not be
21 removed for any purpose without permission from the
22 elevator inspector.
23 (Source: P.A. 92-873, eff. 6-1-03; revised 1-20-03.)
24 (225 ILCS 312/25)
25 (Section scheduled to be repealed on January 1, 2013)
26 Sec. 25. Elevator Safety Review Board.
27 (a) There is hereby created within the Office of the
28 State Fire Marshal the Elevator Safety Review Board,
29 consisting of 13 members. The Administrator shall appoint 3
30 members who shall be representatives of of a fire service
31 communities. The Governor shall appoint the remaining 10
32 members of the Board as follows: one representative from a
33 major elevator manufacturing company or its authorized
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1 representative; one representative from an elevator servicing
2 company; one representative of the architectural design
3 profession; one representative of the general public; one
4 representative of a municipality in this State with a
5 population over 500,000; one representative of a municipality
6 in this State with a population under 25,000; one
7 representative of a municipality in this State with a
8 population of 25,000 or over but under 50,000; one
9 representative of a municipality in this State with a
10 population of 50,000 or over but under 500,000; one
11 representative of a building owner or manager; and one
12 representative of labor involved in the installation,
13 maintenance, and repair of elevators.
14 (b) The members constituting the Board shall be
15 appointed for initial terms as follows:
16 (1) Of the members appointed by the Administrator,
17 2 shall serve for a term of 2 years, and one for a term
18 of 4 years.
19 (2) Of the members appointed by the Governor, 2
20 shall serve for a term of one year, 2 for terms of 2
21 years, 2 for terms of 3 years, and 4 for terms of 4
22 years.
23 At the expiration of their initial terms of office, the
24 members or their successors shall be appointed for terms of 4
25 years each. Upon the expiration of a member's term of
26 office, the officer who appointed that member shall reappoint
27 that member or appoint a successor who is a representative of
28 the same interests with which his or her predecessor was
29 identified. The Administrator and the Governor may at any
30 time remove any of their respective appointees for
31 inefficiency or neglect of duty in office. Upon the death or
32 incapacity of a member, the officer who appointed that member
33 shall fill the vacancy for the remainder of the vacated term
34 by appointing a member who is a representative of the same
-299- LRB093 05878 EFG 05971 b
1 interests with which his or her predecessor was identified.
2 The members shall serve without salary, but shall receive
3 from the State expenses necessarily incurred by them in
4 performance of their duties. The Governor shall appoint one
5 of the members to serve as chairperson. The chairperson
6 shall be the deciding vote in the event of a tie vote.
7 (Source: P.A. 92-873, eff. 6-1-03; revised 1-20-03.)
8 Section 39. The Illinois Public Accounting Act is
9 amended by changing Section 20.01 as follows:
10 (225 ILCS 450/20.01) (from Ch. 111, par. 5521.01)
11 (Section scheduled to be repealed on January 1, 2014)
12 (Text of Section before amendment by P.A. 92-457)
13 Sec. 20.01. Grounds for discipline.
14 (a) The Department may refuse to issue or renew, or may
15 revoke, suspend, or reprimand any license or licensee, place
16 a licensee on probation for a period of time subject to any
17 conditions the Committee may specify including requiring the
18 licensee to attend continuing education courses or to work
19 under the supervision of another licensee, impose a fine not
20 to exceed $5,000 for each violation, restrict the authorized
21 scope of practice, or require a licensee to undergo a peer
22 review program, for any one or more of the following:
23 (1) Violation of any provision of this Act.
24 (2) Attempting to procure a license to practice
25 public accounting by bribery or fraudulent
26 misrepresentations.
27 (3) Having a license to practice public accounting
28 revoked, suspended, or otherwise acted against, including
29 the denial of licensure, by the licensing authority of
30 another state, territory, or country. No disciplinary
31 action shall be taken in Illinois if the action taken in
32 another jurisdiction was based upon failure to meet the
-300- LRB093 05878 EFG 05971 b
1 continuing professional education requirements of that
2 jurisdiction and the applicable Illinois continuing
3 professional education requirements are met.
4 (4) Being convicted or found guilty, regardless of
5 adjudication, of a crime in any jurisdiction which
6 directly relates to the practice of public accounting or
7 the ability to practice public accounting.
8 (5) Making or filing a report or record which the
9 registrant knows to be false, willfully failing to file a
10 report or record required by state or federal law,
11 willfully impeding or obstructing the filing, or inducing
12 another person to impede or obstruct the filing. The
13 reports or records shall include only those that are
14 signed in the capacity of a public accountant.
15 (6) Conviction in this or another State or the
16 District of Columbia, or any United States Territory, of
17 any crime that is punishable by one year or more in
18 prison or conviction of a crime in a federal court that
19 is punishable by one year or more in prison.
20 (7) Proof that the licensee is guilty of fraud or
21 deceit, or of gross negligence, incompetency, or
22 misconduct, in the practice of public accounting.
23 (8) Violation of any rule adopted under this Act.
24 (9) Practicing on a revoked, suspended, or inactive
25 license.
26 (10) Suspension or revocation of the right to
27 practice before any state or federal agency.
28 (11) Conviction of any crime under the laws of the
29 United States or any state or territory of the United
30 States that is a felony or misdemeanor and has dishonesty
31 as essential element, or of any crime that is directly
32 related to the practice of the profession.
33 (12) Making any misrepresentation for the purpose
34 of obtaining a license, or material misstatement in
-301- LRB093 05878 EFG 05971 b
1 furnishing information to the Department.
2 (13) Aiding or assisting another person in
3 violating any provision of this Act or rules promulgated
4 hereunder.
5 (14) Engaging in dishonorable, unethical, or
6 unprofessional conduct of a character likely to deceive,
7 defraud, or harm the public and violating the rules of
8 professional conduct adopted by the Department.
9 (15) Habitual or excessive use or addiction to
10 alcohol, narcotics, stimulants, or any other chemical
11 agent or drug that results in the inability to practice
12 with reasonable skill, judgment, or safety.
13 (16) Directly or indirectly giving to or receiving
14 from any person, firm, corporation, partnership, or
15 association any fee, commission, rebate, or other form of
16 compensation for any professional service not actually
17 rendered.
18 (17) Physical or mental disability, including
19 deterioration through the aging process or loss of
20 abilities and skills that results in the inability to
21 practice the profession with reasonable judgment, skill
22 or safety.
23 (18) Solicitation of professional services by using
24 false or misleading advertising.
25 (19) Failure to file a return, or pay the tax,
26 penalty or interest shown in a filed return, or to pay
27 any final assessment of tax, penalty or interest, as
28 required by any tax Act administered by the Illinois
29 Department of Revenue or any successor agency or the
30 Internal Revenue Service or any successor agency.
31 (20) Practicing or attempting to practice under a
32 name other than the full name as shown on the license or
33 any other legally authorized name.
34 (21) A finding by the Department that a licensee
-302- LRB093 05878 EFG 05971 b
1 has not complied with a provision of any lawful order
2 issued by the Department.
3 (22) Making a false statement to the Department
4 regarding compliance with continuing professional
5 education requirements.
6 (23) Failing to make a substantive response to a
7 request for information by the Department within 30 days
8 of the request.
9 (b) (Blank).
10 (c) In rendering an order, the Director shall take into
11 consideration the facts and circumstances involving the type
12 of acts or omissions in subsection (a) including, but not
13 limited to:
14 (1) the extent to which public confidence in the
15 public accounting profession was, might have been, or may
16 be injured;
17 (2) the degree of trust and dependence among the
18 involved parties;
19 (3) the character and degree of financial or
20 economic harm which did or might have resulted; and
21 (4) the intent or mental state of the person
22 charged at the time of the acts or omissions.
23 (d) The Department shall reissue the license upon
24 certification by the Committee that the disciplined licensee
25 has complied with all of the terms and conditions set forth
26 in the final order.
27 (e) The Department shall deny any application for a
28 license or renewal, without hearing, to any person who has
29 defaulted on an educational loan guaranteed by the Illinois
30 Student Assistance Commission; however, the Department may
31 issue a license or renewal if the person in default has
32 established a satisfactory repayment record as determined by
33 the Illinois Student Assistance Commission.
34 (f) The determination by a court that a licensee is
-303- LRB093 05878 EFG 05971 b
1 subject to involuntary admission or judicial admission as
2 provided in the Mental Health and Developmental Disabilities
3 Code will result in the automatic suspension of his or her
4 license. The suspension will end upon a finding by a court
5 that the licensee is no longer subject to involuntary
6 admission or judicial admission, the issuance of an order so
7 finding and discharging the patient, and the recommendation
8 of the Committee to the Director that the licensee be allowed
9 to resume professional practice.
10 (Source: P.A. 90-655, eff. 7-30-98; revised 3-7-02.)
11 (Text of Section after amendment by P.A. 92-457)
12 Sec. 20.01. Grounds for discipline; license.
13 (a) The Board may refuse to issue or renew, or may
14 revoke, suspend, or reprimand any license or licensee, place
15 a licensee on probation for a period of time subject to any
16 conditions the Board may specify including requiring the
17 licensee to attend continuing education courses or to work
18 under the supervision of another licensee, impose a fine not
19 to exceed $5,000 for each violation, restrict the authorized
20 scope of practice, or require a licensee to undergo a peer
21 review program, for any one or more of the following:
22 (1) Violation of any provision of this Act.
23 (2) Attempting to procure a license to practice
24 public accounting by bribery or fraudulent
25 misrepresentations.
26 (3) Having a license to practice public accounting
27 revoked, suspended, or otherwise acted against, including
28 the denial of licensure, by the licensing authority of
29 another state, the District of Columbia, or any United
30 States territory. No disciplinary action shall be taken
31 in Illinois if the action taken in another jurisdiction
32 was based upon failure to meet the continuing
33 professional education requirements of that jurisdiction
34 and the applicable Illinois continuing professional
-304- LRB093 05878 EFG 05971 b
1 education requirements are met.
2 (4) Being convicted or found guilty, regardless of
3 adjudication, of a crime in any jurisdiction which
4 directly relates to the practice of public accounting or
5 the ability to practice public accounting.
6 (5) Making or filing a report or record which the
7 registrant knows to be false, willfully failing to file a
8 report or record required by state or federal law,
9 willfully impeding or obstructing the filing, or inducing
10 another person to impede or obstruct the filing. The
11 reports or records shall include only those that are
12 signed in the capacity of a licensed certified public
13 accountant.
14 (6) Conviction in this or another State or the
15 District of Columbia, or any United States Territory, of
16 any crime that is punishable by one year or more in
17 prison or conviction of a crime in a federal court that
18 is punishable by one year or more in prison.
19 (7) Proof that the licensee is guilty of fraud or
20 deceit, or of gross negligence, incompetency, or
21 misconduct, in the practice of public accounting.
22 (8) Violation of any rule adopted under this Act.
23 (9) Practicing on a revoked, suspended, or inactive
24 license.
25 (10) Suspension or revocation of the right to
26 practice before any state or federal agency.
27 (11) Conviction of any crime under the laws of the
28 United States or any state or territory of the United
29 States that is a felony or misdemeanor and has dishonesty
30 as an essential element, or of any crime that is directly
31 related to the practice of the profession.
32 (12) Making any misrepresentation for the purpose
33 of obtaining a license, or material misstatement in
34 furnishing information to the Board.
-305- LRB093 05878 EFG 05971 b
1 (13) Aiding or assisting another person in
2 violating any provision of this Act or rules promulgated
3 hereunder.
4 (14) Engaging in dishonorable, unethical, or
5 unprofessional conduct of a character likely to deceive,
6 defraud, or harm the public and violating the rules of
7 professional conduct adopted by the Board.
8 (15) Habitual or excessive use or addiction to
9 alcohol, narcotics, stimulants, or any other chemical
10 agent or drug that results in the inability to practice
11 with reasonable skill, judgment, or safety.
12 (16) Directly or indirectly giving to or receiving
13 from any person, firm, corporation, partnership, or
14 association any fee, commission, rebate, or other form of
15 compensation for any professional service not actually
16 rendered.
17 (17) Physical or mental disability, including
18 deterioration through the aging process or loss of
19 abilities and skills that results in the inability to
20 practice the profession with reasonable judgment, skill
21 or safety.
22 (18) Solicitation of professional services by using
23 false or misleading advertising.
24 (19) Failure to file a return, or pay the tax,
25 penalty or interest shown in a filed return, or to pay
26 any final assessment of tax, penalty or interest, as
27 required by any tax Act administered by the Illinois
28 Department of Revenue or any successor agency or the
29 Internal Revenue Service or any successor agency.
30 (20) Practicing or attempting to practice under a
31 name other than the full name as shown on the license or
32 any other legally authorized name.
33 (21) A finding by the Board that a licensee has not
34 complied with a provision of any lawful order issued by
-306- LRB093 05878 EFG 05971 b
1 the Board.
2 (22) Making a false statement to the Board
3 regarding compliance with continuing professional
4 education requirements.
5 (23) Failing to make a substantive response to a
6 request for information by the Board within 30 days of
7 the request.
8 (b) (Blank).
9 (c) In rendering an order, the Board shall take into
10 consideration the facts and circumstances involving the type
11 of acts or omissions in subsection (a) including, but not
12 limited to:
13 (1) the extent to which public confidence in the
14 public accounting profession was, might have been, or may
15 be injured;
16 (2) the degree of trust and dependence among the
17 involved parties;
18 (3) the character and degree of financial or
19 economic harm which did or might have resulted; and
20 (4) the intent or mental state of the person
21 charged at the time of the acts or omissions.
22 (d) The Board shall reissue the license upon a showing
23 that the disciplined licensee has complied with all of the
24 terms and conditions set forth in the final order.
25 (e) The Board shall deny any application for a license
26 or renewal, without hearing, to any person who has defaulted
27 on an educational loan guaranteed by the Illinois Student
28 Assistance Commission; however, the Board may issue a license
29 or renewal if the person in default has established a
30 satisfactory repayment record as determined by the Illinois
31 Student Assistance Commission.
32 (f) The determination by a court that a licensee is
33 subject to involuntary admission or judicial admission as
34 provided in the Mental Health and Developmental Disabilities
-307- LRB093 05878 EFG 05971 b
1 Code will result in the automatic suspension of his or her
2 license. The suspension will end upon a finding by a court
3 that the licensee is no longer subject to involuntary
4 admission or judicial admission and the issuance of an order
5 so finding and discharging the patient.
6 (Source: P.A. 92-457, eff. 7-1-04; revised 3-7-02.)
7 Section 40. The Illinois Petroleum Education and
8 Marketing Act is amended by changing Section 10 as follows:
9 (225 ILCS 728/10)
10 (Section scheduled to be repealed on January 1, 2008)
11 Sec. 10. Illinois Petroleum Resources Board.
12 (a) There is hereby created until January 1, 2008, the
13 Illinois Petroleum Resources Board which shall be subject to
14 the provisions of the Regulatory Sunset Act. The purpose of
15 the Board is to coordinate a program designed to demonstrate
16 to the general public the importance of the Illinois oil
17 exploration and production industry, to encourage the wise
18 and efficient use of energy, to promote environmentally sound
19 production methods and technologies, to develop existing
20 supplies of State oil resources, and to support research and
21 educational activities concerning the oil exploration and
22 production industry.
23 (b) The Board shall be composed of 12 members to be
24 appointed by the Governor. The Governor shall make
25 appointments from a list of names submitted by qualified
26 producer associations, of which 10 shall be oil and gas
27 producers.
28 (c) A member of the Board shall:
29 (1) be at least 25 years of age;
30 (2) be a resident of the State of Illinois; and
31 (3) have at least 5 years of active experience in
32 the oil industry.
-308- LRB093 05878 EFG 05971 b
1 (d) Members shall serve for a term of 3 years, except
2 that of the initial appointments, 4 members shall serve for
3 one year, 4 members for 2 years, and 4 members for 3 years.
4 (e) Vacancies shall be filled for the unexpired term of
5 office in the same manner as the original appointment.
6 (f) The Board shall, at its first meeting, elect one of
7 its members as chairperson, who shall preside over meetings
8 of the Board and perform other duties that may be required by
9 the Board. The first meeting of the Board shall be called by
10 the Governor.
11 (g) No member of the Board shall receive a salary or
12 reimbursement for duties performed as a member of the Board,
13 except that members are eligible to receive reimbursement for
14 travel expenses incurred in the performance of Board duties.
15 (Source: P.A. 92-610, eff. 7-1-02; 92-651, eff. 7-11-02;
16 revised 8-12-02.)
17 Section 41. The Liquor Control Act of 1934 is amended by
18 changing Sections 6-11 and 6-15 as follows:
19 (235 ILCS 5/6-11) (from Ch. 43, par. 127)
20 Sec. 6-11. Sale near churches, schools, and hospitals.
21 (a) No license shall be issued for the sale at retail of
22 any alcoholic liquor within 100 feet of any church, school
23 other than an institution of higher learning, hospital, home
24 for aged or indigent persons or for veterans, their spouses
25 or children or any military or naval station, provided, that
26 this prohibition shall not apply to hotels offering
27 restaurant service, regularly organized clubs, or to
28 restaurants, food shops or other places where sale of
29 alcoholic liquors is not the principal business carried on if
30 the place of business so exempted is not located in a
31 municipality of more than 500,000 persons, unless required by
32 local ordinance; nor to the renewal of a license for the sale
-309- LRB093 05878 EFG 05971 b
1 at retail of alcoholic liquor on premises within 100 feet of
2 any church or school where the church or school has been
3 established within such 100 feet since the issuance of the
4 original license. In the case of a church, the distance of
5 100 feet shall be measured to the nearest part of any
6 building used for worship services or educational programs
7 and not to property boundaries.
8 (b) Nothing in this Section shall prohibit the issuance
9 of a retail license authorizing the sale of alcoholic liquor
10 to a restaurant, the primary business of which is the sale of
11 goods baked on the premises if (i) the restaurant is newly
12 constructed and located on a lot of not less than 10,000
13 square feet, (ii) the restaurant costs at least $1,000,000 to
14 construct, (iii) the licensee is the titleholder to the
15 premises and resides on the premises, and (iv) the
16 construction of the restaurant is completed within 18 months
17 of the effective date of this amendatory Act of 1998.
18 (c) Nothing in this Section shall prohibit the issuance
19 of a retail license authorizing the sale of alcoholic liquor
20 incidental to a restaurant if (1) the primary business of the
21 restaurant consists of the sale of food where the sale of
22 liquor is incidental to the sale of food and the applicant is
23 a completely new owner of the restaurant, (2) the immediately
24 prior owner or operator of the premises where the restaurant
25 is located operated the premises as a restaurant and held a
26 valid retail license authorizing the sale of alcoholic liquor
27 at the restaurant for at least part of the 24 months before
28 the change of ownership, and (3) the restaurant is located 75
29 or more feet from a school.
30 (d) In the interest of further developing Illinois'
31 economy in the area of commerce, tourism, convention, and
32 banquet business, nothing in this Section shall prohibit
33 issuance of a retail license authorizing the sale of
34 alcoholic beverages to a restaurant, banquet facility,
-310- LRB093 05878 EFG 05971 b
1 grocery store, or hotel having not fewer than 150 guest room
2 accommodations located in a municipality of more than 500,000
3 persons, notwithstanding the proximity of such hotel,
4 restaurant, banquet facility, or grocery store to any church
5 or school, if the licensed premises described on the license
6 are located within an enclosed mall or building of a height
7 of at least 6 stories, or 60 feet in the case of a building
8 that has been registered as a national landmark, or in a
9 grocery store having a minimum of 56,010 square feet of floor
10 space in a single story building in an open mall of at least
11 3.96 acres that is adjacent to a public school that opened as
12 a boys technical high school in 1934, and in each of these
13 cases if the sale of alcoholic liquors is not the principal
14 business carried on by the licensee.
15 For purposes of this Section, a "banquet facility" is any
16 part of a building that caters to private parties and where
17 the sale of alcoholic liquors is not the principal business.
18 (e) Nothing in this Section shall prohibit the issuance
19 of a license to a church or private school to sell at retail
20 alcoholic liquor if any such sales are limited to periods
21 when groups are assembled on the premises solely for the
22 promotion of some common object other than the sale or
23 consumption of alcoholic liquors.
24 (f) Nothing in this Section shall prohibit a church or
25 church affiliated school located in a home rule municipality
26 or in a municipality with 75,000 or more inhabitants from
27 locating within 100 feet of a property for which there is a
28 preexisting license to sell alcoholic liquor at retail. In
29 these instances, the local zoning authority may, by ordinance
30 adopted simultaneously with the granting of an initial
31 special use zoning permit for the church or church affiliated
32 school, provide that the 100-foot restriction in this Section
33 shall not apply to that church or church affiliated school
34 and future retail liquor licenses.
-311- LRB093 05878 EFG 05971 b
1 (g) Nothing in this Section shall prohibit the issuance
2 of a retail license authorizing the sale of alcoholic liquor
3 at premises within 100 feet, but not less than 90 feet, of a
4 public school if (1) the premises have been continuously
5 licensed to sell alcoholic liquor for a period of at least 50
6 years, (2) the premises are located in a municipality having
7 a population of over 500,000 inhabitants, (3) the licensee is
8 an individual who is a member of a family that has held the
9 previous 3 licenses for that location for more than 25 years,
10 (4) the principal of the school and the alderman of the ward
11 in which the school is located have delivered a written
12 statement to the local liquor control commissioner stating
13 that they do not object to the issuance of a license under
14 this subsection (g), and (5) the local liquor control
15 commissioner has received the written consent of a majority
16 of the registered voters who live within 200 feet of the
17 premises.
18 (Source: P.A. 91-357, eff. 7-29-99; 91-623, eff. 1-1-00;
19 92-720, eff. 7-25-02; 92-813, eff. 8-21-02; revised 9-18-02.)
20 (235 ILCS 5/6-15) (from Ch. 43, par. 130)
21 Sec. 6-15. No alcoholic liquors shall be sold or
22 delivered in any building belonging to or under the control
23 of the State or any political subdivision thereof except as
24 provided in this Act. The corporate authorities of any city,
25 village, incorporated town or township may provide by
26 ordinance, however, that alcoholic liquor may be sold or
27 delivered in any specifically designated building belonging
28 to or under the control of the municipality or township, or
29 in any building located on land under the control of the
30 municipality; provided that such township complies with all
31 applicable local ordinances in any incorporated area of the
32 township. Alcoholic liquors may be delivered to and sold at
33 any airport belonging to or under the control of a
-312- LRB093 05878 EFG 05971 b
1 municipality of more than 25,000 inhabitants, or in any
2 building or on any golf course owned by a park district
3 organized under the Park District Code, subject to the
4 approval of the governing board of the district, or in any
5 building or on any golf course owned by a forest preserve
6 district organized under the Downstate Forest Preserve
7 District Act, subject to the approval of the governing board
8 of the district, or on the grounds within 500 feet of any
9 building owned by a forest preserve district organized under
10 the Downstate Forest Preserve District Act during times when
11 food is dispensed for consumption within 500 feet of the
12 building from which the food is dispensed, subject to the
13 approval of the governing board of the district, or in a
14 building owned by a Local Mass Transit District organized
15 under the Local Mass Transit District Act, subject to the
16 approval of the governing Board of the District, or in
17 Bicentennial Park, or on the premises of the City of Mendota
18 Lake Park located adjacent to Route 51 in Mendota, Illinois,
19 or on the premises of Camden Park in Milan, Illinois, or in
20 the community center owned by the City of Loves Park that is
21 located at 1000 River Park Drive in Loves Park, Illinois, or,
22 in connection with the operation of an established food
23 serving facility during times when food is dispensed for
24 consumption on the premises, and at the following aquarium
25 and museums located in public parks: Art Institute of
26 Chicago, Chicago Academy of Sciences, Chicago Historical
27 Society, Field Museum of Natural History, Museum of Science
28 and Industry, DuSable Museum of African American History,
29 John G. Shedd Aquarium and Adler Planetarium, or at Lakeview
30 Museum of Arts and Sciences in Peoria, or in connection with
31 the operation of the facilities of the Chicago Zoological
32 Society or the Chicago Horticultural Society on land owned by
33 the Forest Preserve District of Cook County, or on any land
34 used for a golf course or for recreational purposes owned by
-313- LRB093 05878 EFG 05971 b
1 the Forest Preserve District of Cook County, subject to the
2 control of the Forest Preserve District Board of
3 Commissioners and applicable local law, provided that dram
4 shop liability insurance is provided at maximum coverage
5 limits so as to hold the District harmless from all financial
6 loss, damage, and harm, or in any building located on land
7 owned by the Chicago Park District if approved by the Park
8 District Commissioners, or on any land used for a golf course
9 or for recreational purposes and owned by the Illinois
10 International Port District if approved by the District's
11 governing board, or at any airport, golf course, faculty
12 center, or facility in which conference and convention type
13 activities take place belonging to or under control of any
14 State university or public community college district,
15 provided that with respect to a facility for conference and
16 convention type activities alcoholic liquors shall be limited
17 to the use of the convention or conference participants or
18 participants in cultural, political or educational activities
19 held in such facilities, and provided further that the
20 faculty or staff of the State university or a public
21 community college district, or members of an organization of
22 students, alumni, faculty or staff of the State university or
23 a public community college district are active participants
24 in the conference or convention, or in Memorial Stadium on
25 the campus of the University of Illinois at Urbana-Champaign
26 during games in which the Chicago Bears professional football
27 team is playing in that stadium during the renovation of
28 Soldier Field, not more than one and a half hours before the
29 start of the game and not after the end of the third quarter
30 of the game, or by a catering establishment which has rented
31 facilities from a board of trustees of a public community
32 college district, or, if approved by the District board, on
33 land owned by the Metropolitan Sanitary District of Greater
34 Chicago and leased to others for a term of at least 20 years.
-314- LRB093 05878 EFG 05971 b
1 Nothing in this Section precludes the sale or delivery of
2 alcoholic liquor in the form of original packaged goods in
3 premises located at 500 S. Racine in Chicago belonging to the
4 University of Illinois and used primarily as a grocery store
5 by a commercial tenant during the term of a lease that
6 predates the University's acquisition of the premises; but
7 the University shall have no power or authority to renew,
8 transfer, or extend the lease with terms allowing the sale of
9 alcoholic liquor; and the sale of alcoholic liquor shall be
10 subject to all local laws and regulations. After the
11 acquisition by Winnebago County of the property located at
12 404 Elm Street in Rockford, a commercial tenant who sold
13 alcoholic liquor at retail on a portion of the property under
14 a valid license at the time of the acquisition may continue
15 to do so for so long as the tenant and the County may agree
16 under existing or future leases, subject to all local laws
17 and regulations regarding the sale of alcoholic liquor. Each
18 facility shall provide dram shop liability in maximum
19 insurance coverage limits so as to save harmless the State,
20 municipality, State university, airport, golf course, faculty
21 center, facility in which conference and convention type
22 activities take place, park district, Forest Preserve
23 District, public community college district, aquarium,
24 museum, or sanitary district from all financial loss, damage
25 or harm. Alcoholic liquors may be sold at retail in buildings
26 of golf courses owned by municipalities in connection with
27 the operation of an established food serving facility during
28 times when food is dispensed for consumption upon the
29 premises. Alcoholic liquors may be delivered to and sold at
30 retail in any building owned by a fire protection district
31 organized under the Fire Protection District Act, provided
32 that such delivery and sale is approved by the board of
33 trustees of the district, and provided further that such
34 delivery and sale is limited to fundraising events and to a
-315- LRB093 05878 EFG 05971 b
1 maximum of 6 events per year.
2 Alcoholic liquor may be delivered to and sold at retail
3 in the Dorchester Senior Business Center owned by the Village
4 of Dolton if the alcoholic liquor is sold or dispensed only
5 in connection with organized functions for which the planned
6 attendance is 20 or more persons, and if the person or
7 facility selling or dispensing the alcoholic liquor has
8 provided dram shop liability insurance in maximum limits so
9 as to hold harmless the Village of Dolton and the State from
10 all financial loss, damage and harm.
11 Alcoholic liquors may be delivered to and sold at retail
12 in any building used as an Illinois State Armory provided:
13 (i) the Adjutant General's written consent to the
14 issuance of a license to sell alcoholic liquor in such
15 building is filed with the Commission;
16 (ii) the alcoholic liquor is sold or dispensed only
17 in connection with organized functions held on special
18 occasions;
19 (iii) the organized function is one for which the
20 planned attendance is 25 or more persons; and
21 (iv) the facility selling or dispensing the
22 alcoholic liquors has provided dram shop liability
23 insurance in maximum limits so as to save harmless the
24 facility and the State from all financial loss, damage or
25 harm.
26 Alcoholic liquors may be delivered to and sold at retail
27 in the Chicago Civic Center, provided that:
28 (i) the written consent of the Public Building
29 Commission which administers the Chicago Civic Center is
30 filed with the Commission;
31 (ii) the alcoholic liquor is sold or dispensed only
32 in connection with organized functions held on special
33 occasions;
34 (iii) the organized function is one for which the
-316- LRB093 05878 EFG 05971 b
1 planned attendance is 25 or more persons;
2 (iv) the facility selling or dispensing the
3 alcoholic liquors has provided dram shop liability
4 insurance in maximum limits so as to hold harmless the
5 Civic Center, the City of Chicago and the State from all
6 financial loss, damage or harm; and
7 (v) all applicable local ordinances are complied
8 with.
9 Alcoholic liquors may be delivered or sold in any
10 building belonging to or under the control of any city,
11 village or incorporated town where more than 75% of the
12 physical properties of the building is used for commercial or
13 recreational purposes, and the building is located upon a
14 pier extending into or over the waters of a navigable lake or
15 stream or on the shore of a navigable lake or stream.
16 Alcoholic liquor may be sold in buildings under the control
17 of the Department of Natural Resources when written consent
18 to the issuance of a license to sell alcoholic liquor in such
19 buildings is filed with the Commission by the Department of
20 Natural Resources. Notwithstanding any other provision of
21 this Act, alcoholic liquor sold by a United States Army Corps
22 of Engineers or Department of Natural Resources
23 concessionaire who was operating on June 1, 1991 for
24 on-premises consumption only is not subject to the provisions
25 of Articles IV and IX. Beer and wine may be sold on the
26 premises of the Joliet Park District Stadium owned by the
27 Joliet Park District when written consent to the issuance of
28 a license to sell beer and wine in such premises is filed
29 with the local liquor commissioner by the Joliet Park
30 District. Beer and wine may be sold in buildings on the
31 grounds of State veterans' homes when written consent to the
32 issuance of a license to sell beer and wine in such buildings
33 is filed with the Commission by the Department of Veterans'
34 Affairs, and the facility shall provide dram shop liability
-317- LRB093 05878 EFG 05971 b
1 in maximum insurance coverage limits so as to save the
2 facility harmless from all financial loss, damage or harm.
3 Such liquors may be delivered to and sold at any property
4 owned or held under lease by a Metropolitan Pier and
5 Exposition Authority or Metropolitan Exposition and
6 Auditorium Authority.
7 Beer and wine may be sold and dispensed at professional
8 sporting events and at professional concerts and other
9 entertainment events conducted on premises owned by the
10 Forest Preserve District of Kane County, subject to the
11 control of the District Commissioners and applicable local
12 law, provided that dram shop liability insurance is provided
13 at maximum coverage limits so as to hold the District
14 harmless from all financial loss, damage and harm.
15 Nothing in this Section shall preclude the sale or
16 delivery of beer and wine at a State or county fair or the
17 sale or delivery of beer or wine at a city fair in any
18 otherwise lawful manner.
19 Alcoholic liquors may be sold at retail in buildings in
20 State parks under the control of the Department of Natural
21 Resources, provided:
22 a. the State park has overnight lodging facilities
23 with some restaurant facilities or, not having overnight
24 lodging facilities, has restaurant facilities which serve
25 complete luncheon and dinner or supper meals,
26 b. consent to the issuance of a license to sell
27 alcoholic liquors in the buildings has been filed with
28 the commission by the Department of Natural Resources,
29 and
30 c. the alcoholic liquors are sold by the State park
31 lodge or restaurant concessionaire only during the hours
32 from 11 o'clock a.m. until 12 o'clock midnight.
33 Notwithstanding any other provision of this Act,
34 alcoholic liquor sold by the State park or restaurant
-318- LRB093 05878 EFG 05971 b
1 concessionaire is not subject to the provisions of
2 Articles IV and IX.
3 Alcoholic liquors may be sold at retail in buildings on
4 properties under the control of the Historic Sites and
5 Preservation Division of the Historic Preservation Agency or
6 the Abraham Lincoln Presidential Library and Museum provided:
7 a. the property has overnight lodging facilities
8 with some restaurant facilities or, not having overnight
9 lodging facilities, has restaurant facilities which serve
10 complete luncheon and dinner or supper meals,
11 b. consent to the issuance of a license to sell
12 alcoholic liquors in the buildings has been filed with
13 the commission by the Historic Sites and Preservation
14 Division of the Historic Preservation Agency or the
15 Abraham Lincoln Presidential Library and Museum, and
16 c. the alcoholic liquors are sold by the lodge or
17 restaurant concessionaire only during the hours from 11
18 o'clock a.m. until 12 o'clock midnight.
19 The sale of alcoholic liquors pursuant to this Section
20 does not authorize the establishment and operation of
21 facilities commonly called taverns, saloons, bars, cocktail
22 lounges, and the like except as a part of lodge and
23 restaurant facilities in State parks or golf courses owned by
24 Forest Preserve Districts with a population of less than
25 3,000,000 or municipalities or park districts.
26 Alcoholic liquors may be sold at retail in the
27 Springfield Administration Building of the Department of
28 Transportation and the Illinois State Armory in Springfield;
29 provided, that the controlling government authority may
30 consent to such sales only if
31 a. the request is from a not-for-profit
32 organization;
33 b. such sales would not impede normal operations of
34 the departments involved;
-319- LRB093 05878 EFG 05971 b
1 c. the not-for-profit organization provides dram
2 shop liability in maximum insurance coverage limits and
3 agrees to defend, save harmless and indemnify the State
4 of Illinois from all financial loss, damage or harm;
5 d. no such sale shall be made during normal working
6 hours of the State of Illinois; and
7 e. the consent is in writing.
8 Alcoholic liquors may be sold at retail in buildings in
9 recreational areas of river conservancy districts under the
10 control of, or leased from, the river conservancy districts.
11 Such sales are subject to reasonable local regulations as
12 provided in Article IV; however, no such regulations may
13 prohibit or substantially impair the sale of alcoholic
14 liquors on Sundays or Holidays.
15 Alcoholic liquors may be provided in long term care
16 facilities owned or operated by a county under Division 5-21
17 or 5-22 of the Counties Code, when approved by the facility
18 operator and not in conflict with the regulations of the
19 Illinois Department of Public Health, to residents of the
20 facility who have had their consumption of the alcoholic
21 liquors provided approved in writing by a physician licensed
22 to practice medicine in all its branches.
23 Alcoholic liquors may be delivered to and dispensed in
24 State housing assigned to employees of the Department of
25 Corrections. No person shall furnish or allow to be furnished
26 any alcoholic liquors to any prisoner confined in any jail,
27 reformatory, prison or house of correction except upon a
28 physician's prescription for medicinal purposes.
29 Alcoholic liquors may be sold at retail or dispensed at
30 the Willard Ice Building in Springfield, at the State Library
31 in Springfield, and at Illinois State Museum facilities by
32 (1) an agency of the State, whether legislative, judicial or
33 executive, provided that such agency first obtains written
34 permission to sell or dispense alcoholic liquors from the
-320- LRB093 05878 EFG 05971 b
1 controlling government authority, or by (2) a not-for-profit
2 organization, provided that such organization:
3 a. Obtains written consent from the controlling
4 government authority;
5 b. Sells or dispenses the alcoholic liquors in a
6 manner that does not impair normal operations of State
7 offices located in the building;
8 c. Sells or dispenses alcoholic liquors only in
9 connection with an official activity in the building;
10 d. Provides, or its catering service provides, dram
11 shop liability insurance in maximum coverage limits and
12 in which the carrier agrees to defend, save harmless and
13 indemnify the State of Illinois from all financial loss,
14 damage or harm arising out of the selling or dispensing
15 of alcoholic liquors.
16 Nothing in this Act shall prevent a not-for-profit
17 organization or agency of the State from employing the
18 services of a catering establishment for the selling or
19 dispensing of alcoholic liquors at authorized functions.
20 The controlling government authority for the Willard Ice
21 Building in Springfield shall be the Director of the
22 Department of Revenue. The controlling government authority
23 for Illinois State Museum facilities shall be the Director of
24 the Illinois State Museum. The controlling government
25 authority for the State Library in Springfield shall be the
26 Secretary of State.
27 Alcoholic liquors may be delivered to and sold at retail
28 or dispensed at any facility, property or building under the
29 jurisdiction of the Historic Sites and Preservation Division
30 of the Historic Preservation Agency or the Abraham Lincoln
31 Presidential Library and Museum where the delivery, sale or
32 dispensing is by (1) an agency of the State, whether
33 legislative, judicial or executive, provided that such agency
34 first obtains written permission to sell or dispense
-321- LRB093 05878 EFG 05971 b
1 alcoholic liquors from a controlling government authority, or
2 by (2) a not-for-profit organization provided that such
3 organization:
4 a. Obtains written consent from the controlling
5 government authority;
6 b. Sells or dispenses the alcoholic liquors in a
7 manner that does not impair normal workings of State
8 offices or operations located at the facility, property
9 or building;
10 c. Sells or dispenses alcoholic liquors only in
11 connection with an official activity of the
12 not-for-profit organization in the facility, property or
13 building;
14 d. Provides, or its catering service provides, dram
15 shop liability insurance in maximum coverage limits and
16 in which the carrier agrees to defend, save harmless and
17 indemnify the State of Illinois from all financial loss,
18 damage or harm arising out of the selling or dispensing
19 of alcoholic liquors.
20 The controlling government authority for the Historic
21 Sites and Preservation Division of the Historic Preservation
22 Agency shall be the Director of the Historic Sites and
23 Preservation, and the controlling government authority for
24 the Abraham Lincoln Presidential Library and Museum shall be
25 the Director of the Abraham Lincoln Presidential Library and
26 Museum.
27 Alcoholic liquors may be sold at retail or dispensed at
28 the James R. Thompson Center in Chicago and 222 South College
29 Street in Springfield, Illinois by (1) a commercial tenant or
30 subtenant conducting business on the premises under a lease
31 made pursuant to Section 405-315 of the Department of Central
32 Management Services Law (20 ILCS 405/405-315), provided that
33 such tenant or subtenant who sells or dispenses alcoholic
34 liquors shall procure and maintain dram shop liability
-322- LRB093 05878 EFG 05971 b
1 insurance in maximum coverage limits and in which the carrier
2 agrees to defend, indemnify and save harmless the State of
3 Illinois from all financial loss, damage or harm arising out
4 of the sale or dispensing of alcoholic liquors, or by (2) an
5 agency of the State, whether legislative, judicial or
6 executive, provided that such agency first obtains written
7 permission to sell or dispense alcoholic liquors from the
8 Director of Central Management Services, or by (3) a
9 not-for-profit organization, provided that such organization:
10 a. Obtains written consent from the Department of
11 Central Management Services;
12 b. Sells or dispenses the alcoholic liquors in a
13 manner that does not impair normal operations of State
14 offices located in the building;
15 c. Sells or dispenses alcoholic liquors only in
16 connection with an official activity in the building;
17 d. Provides, or its catering service provides, dram
18 shop liability insurance in maximum coverage limits and
19 in which the carrier agrees to defend, save harmless and
20 indemnify the State of Illinois from all financial loss,
21 damage or harm arising out of the selling or dispensing
22 of alcoholic liquors.
23 Nothing in this Act shall prevent a not-for-profit
24 organization or agency of the State from employing the
25 services of a catering establishment for the selling or
26 dispensing of alcoholic liquors at functions authorized by
27 the Director of Central Management Services.
28 Alcoholic liquors may be sold or delivered at any
29 facility owned by the Illinois Sports Facilities Authority
30 provided that dram shop liability insurance has been made
31 available in a form, with such coverage and in such amounts
32 as the Authority reasonably determines is necessary.
33 Alcoholic liquors may be sold at retail or dispensed at
34 the Rockford State Office Building by (1) an agency of the
-323- LRB093 05878 EFG 05971 b
1 State, whether legislative, judicial or executive, provided
2 that such agency first obtains written permission to sell or
3 dispense alcoholic liquors from the Department of Central
4 Management Services, or by (2) a not-for-profit organization,
5 provided that such organization:
6 a. Obtains written consent from the Department of
7 Central Management Services;
8 b. Sells or dispenses the alcoholic liquors in a
9 manner that does not impair normal operations of State
10 offices located in the building;
11 c. Sells or dispenses alcoholic liquors only in
12 connection with an official activity in the building;
13 d. Provides, or its catering service provides, dram
14 shop liability insurance in maximum coverage limits and
15 in which the carrier agrees to defend, save harmless and
16 indemnify the State of Illinois from all financial loss,
17 damage or harm arising out of the selling or dispensing
18 of alcoholic liquors.
19 Nothing in this Act shall prevent a not-for-profit
20 organization or agency of the State from employing the
21 services of a catering establishment for the selling or
22 dispensing of alcoholic liquors at functions authorized by
23 the Department of Central Management Services.
24 Alcoholic liquors may be sold or delivered in a building
25 that is owned by McLean County, situated on land owned by the
26 county in the City of Bloomington, and used by the McLean
27 County Historical Society if the sale or delivery is approved
28 by an ordinance adopted by the county board, and the
29 municipality in which the building is located may not
30 prohibit that sale or delivery, notwithstanding any other
31 provision of this Section. The regulation of the sale and
32 delivery of alcoholic liquor in a building that is owned by
33 McLean County, situated on land owned by the county, and used
34 by the McLean County Historical Society as provided in this
-324- LRB093 05878 EFG 05971 b
1 paragraph is an exclusive power and function of the State and
2 is a denial and limitation under Article VII, Section 6,
3 subsection (h) of the Illinois Constitution of the power of a
4 home rule municipality to regulate that sale and delivery.
5 Alcoholic liquors may be sold or delivered in any
6 building situated on land held in trust for any school
7 district organized under Article 34 of the School Code, if
8 the building is not used for school purposes and if the sale
9 or delivery is approved by the board of education.
10 Alcoholic liquors may be sold or delivered in buildings
11 owned by the Community Building Complex Committee of Boone
12 County, Illinois if the person or facility selling or
13 dispensing the alcoholic liquor has provided dram shop
14 liability insurance with coverage and in amounts that the
15 Committee reasonably determines are necessary.
16 Alcoholic liquors may be sold or delivered in the
17 building located at 1200 Centerville Avenue in Belleville,
18 Illinois and occupied by either the Belleville Area Special
19 Education District or the Belleville Area Special Services
20 Cooperative.
21 (Source: P.A. 91-239, eff. 1-1-00; 91-922, eff. 7-7-00;
22 92-512, eff. 1-1-02; 92-583, eff. 6-26-02; 92-600, eff.
23 7-1-02; revised 9-3-02.)
24 Section 42. The Illinois Public Aid Code is amended by
25 changing Sections 5-5.4, 5-5.12, 10-8.1, 10-10, 10-11, and
26 12-13.05 as follows:
27 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
28 Sec. 5-5.4. Standards of Payment - Department of Public
29 Aid. The Department of Public Aid shall develop standards of
30 payment of skilled nursing and intermediate care services in
31 facilities providing such services under this Article which:
32 (1) Provide for the determination of a facility's
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1 payment for skilled nursing and intermediate care services on
2 a prospective basis. The amount of the payment rate for all
3 nursing facilities certified under the medical assistance
4 program shall be prospectively established annually on the
5 basis of historical, financial, and statistical data
6 reflecting actual costs from prior years, which shall be
7 applied to the current rate year and updated for inflation,
8 except that the capital cost element for newly constructed
9 facilities shall be based upon projected budgets. The
10 annually established payment rate shall take effect on July 1
11 in 1984 and subsequent years. No rate increase and no update
12 for inflation shall be provided on or after July 1, 1994 and
13 before July 1, 2003, unless specifically provided for in this
14 Section.
15 For facilities licensed by the Department of Public
16 Health under the Nursing Home Care Act as Intermediate Care
17 for the Developmentally Disabled facilities or Long Term Care
18 for Under Age 22 facilities, the rates taking effect on July
19 1, 1998 shall include an increase of 3%. For facilities
20 licensed by the Department of Public Health under the Nursing
21 Home Care Act as Skilled Nursing facilities or Intermediate
22 Care facilities, the rates taking effect on July 1, 1998
23 shall include an increase of 3% plus $1.10 per resident-day,
24 as defined by the Department.
25 For facilities licensed by the Department of Public
26 Health under the Nursing Home Care Act as Intermediate Care
27 for the Developmentally Disabled facilities or Long Term Care
28 for Under Age 22 facilities, the rates taking effect on July
29 1, 1999 shall include an increase of 1.6% plus $3.00 per
30 resident-day, as defined by the Department. For facilities
31 licensed by the Department of Public Health under the Nursing
32 Home Care Act as Skilled Nursing facilities or Intermediate
33 Care facilities, the rates taking effect on July 1, 1999
34 shall include an increase of 1.6% and, for services provided
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1 on or after October 1, 1999, shall be increased by $4.00 per
2 resident-day, as defined by the Department.
3 For facilities licensed by the Department of Public
4 Health under the Nursing Home Care Act as Intermediate Care
5 for the Developmentally Disabled facilities or Long Term Care
6 for Under Age 22 facilities, the rates taking effect on July
7 1, 2000 shall include an increase of 2.5% per resident-day,
8 as defined by the Department. For facilities licensed by the
9 Department of Public Health under the Nursing Home Care Act
10 as Skilled Nursing facilities or Intermediate Care
11 facilities, the rates taking effect on July 1, 2000 shall
12 include an increase of 2.5% per resident-day, as defined by
13 the Department.
14 For facilities licensed by the Department of Public
15 Health under the Nursing Home Care Act as skilled nursing
16 facilities or intermediate care facilities, a new payment
17 methodology must be implemented for the nursing component of
18 the rate effective July 1, 2003. The Department of Public Aid
19 shall develop the new payment methodology using the Minimum
20 Data Set (MDS) as the instrument to collect information
21 concerning nursing home resident condition necessary to
22 compute the rate. The Department of Public Aid shall develop
23 the new payment methodology to meet the unique needs of
24 Illinois nursing home residents while remaining subject to
25 the appropriations provided by the General Assembly. A
26 transition period from the payment methodology in effect on
27 June 30, 2003 to the payment methodology in effect on July 1,
28 2003 shall be provided for a period not exceeding 2 years
29 after implementation of the new payment methodology as
30 follows:
31 (A) For a facility that would receive a lower
32 nursing component rate per patient day under the new
33 system than the facility received effective on the date
34 immediately preceding the date that the Department
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1 implements the new payment methodology, the nursing
2 component rate per patient day for the facility shall be
3 held at the level in effect on the date immediately
4 preceding the date that the Department implements the new
5 payment methodology until a higher nursing component rate
6 of reimbursement is achieved by that facility.
7 (B) For a facility that would receive a higher
8 nursing component rate per patient day under the payment
9 methodology in effect on July 1, 2003 than the facility
10 received effective on the date immediately preceding the
11 date that the Department implements the new payment
12 methodology, the nursing component rate per patient day
13 for the facility shall be adjusted.
14 (C) Notwithstanding paragraphs (A) and (B), the
15 nursing component rate per patient day for the facility
16 shall be adjusted subject to appropriations provided by
17 the General Assembly.
18 For facilities licensed by the Department of Public
19 Health under the Nursing Home Care Act as Intermediate Care
20 for the Developmentally Disabled facilities or Long Term Care
21 for Under Age 22 facilities, the rates taking effect on March
22 1, 2001 shall include a statewide increase of 7.85%, as
23 defined by the Department.
24 For facilities licensed by the Department of Public
25 Health under the Nursing Home Care Act as Intermediate Care
26 for the Developmentally Disabled facilities or Long Term Care
27 for Under Age 22 facilities, the rates taking effect on April
28 1, 2002 shall include a statewide increase of 2.0%, as
29 defined by the Department. This increase terminates on July
30 1, 2002; beginning July 1, 2002 these rates are reduced to
31 the level of the rates in effect on March 31, 2002, as
32 defined by the Department.
33 For facilities licensed by the Department of Public
34 Health under the Nursing Home Care Act as skilled nursing
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1 facilities or intermediate care facilities, the rates taking
2 effect on July 1, 2001, and each subsequent year thereafter,
3 shall be computed using the most recent cost reports on file
4 with the Department of Public Aid no later than April 1,
5 2000, updated for inflation to January 1, 2001. For rates
6 effective July 1, 2001 only, rates shall be the greater of
7 the rate computed for July 1, 2001 or the rate effective on
8 June 30, 2001.
9 Notwithstanding any other provision of this Section, for
10 facilities licensed by the Department of Public Health under
11 the Nursing Home Care Act as skilled nursing facilities or
12 intermediate care facilities, the Illinois Department shall
13 determine by rule the rates taking effect on July 1, 2002,
14 which shall be 5.9% less than the rates in effect on June 30,
15 2002.
16 Rates established effective each July 1 shall govern
17 payment for services rendered throughout that fiscal year,
18 except that rates established on July 1, 1996 shall be
19 increased by 6.8% for services provided on or after January
20 1, 1997. Such rates will be based upon the rates calculated
21 for the year beginning July 1, 1990, and for subsequent years
22 thereafter until June 30, 2001 shall be based on the facility
23 cost reports for the facility fiscal year ending at any point
24 in time during the previous calendar year, updated to the
25 midpoint of the rate year. The cost report shall be on file
26 with the Department no later than April 1 of the current rate
27 year. Should the cost report not be on file by April 1, the
28 Department shall base the rate on the latest cost report
29 filed by each skilled care facility and intermediate care
30 facility, updated to the midpoint of the current rate year.
31 In determining rates for services rendered on and after July
32 1, 1985, fixed time shall not be computed at less than zero.
33 The Department shall not make any alterations of regulations
34 which would reduce any component of the Medicaid rate to a
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1 level below what that component would have been utilizing in
2 the rate effective on July 1, 1984.
3 (2) Shall take into account the actual costs incurred by
4 facilities in providing services for recipients of skilled
5 nursing and intermediate care services under the medical
6 assistance program.
7 (3) Shall take into account the medical and
8 psycho-social characteristics and needs of the patients.
9 (4) Shall take into account the actual costs incurred by
10 facilities in meeting licensing and certification standards
11 imposed and prescribed by the State of Illinois, any of its
12 political subdivisions or municipalities and by the U.S.
13 Department of Health and Human Services pursuant to Title XIX
14 of the Social Security Act.
15 The Department of Public Aid shall develop precise
16 standards for payments to reimburse nursing facilities for
17 any utilization of appropriate rehabilitative personnel for
18 the provision of rehabilitative services which is authorized
19 by federal regulations, including reimbursement for services
20 provided by qualified therapists or qualified assistants, and
21 which is in accordance with accepted professional practices.
22 Reimbursement also may be made for utilization of other
23 supportive personnel under appropriate supervision.
24 (Source: P.A. 91-24, eff. 7-1-99; 91-712, eff. 7-1-00; 92-10,
25 eff. 6-11-01; 92-31, eff. 6-28-01; 92-597, eff. 6-28-02;
26 92-651, eff. 7-11-02; 92-848, eff. 1-1-03; revised 9-20-02.)
27 (305 ILCS 5/5-5.12) (from Ch. 23, par. 5-5.12)
28 Sec. 5-5.12. Pharmacy payments.
29 (a) Every request submitted by a pharmacy for
30 reimbursement under this Article for prescription drugs
31 provided to a recipient of aid under this Article shall
32 include the name of the prescriber or an acceptable
33 identification number as established by the Department.
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1 (b) Pharmacies providing prescription drugs under this
2 Article shall be reimbursed at a rate which shall include a
3 professional dispensing fee as determined by the Illinois
4 Department, plus the current acquisition cost of the
5 prescription drug dispensed. The Illinois Department shall
6 update its information on the acquisition costs of all
7 prescription drugs no less frequently than every 30 days.
8 However, the Illinois Department may set the rate of
9 reimbursement for the acquisition cost, by rule, at a
10 percentage of the current average wholesale acquisition cost.
11 (c) Reimbursement under this Article for prescription
12 drugs shall be limited to reimbursement for 4 brand-name
13 prescription drugs per patient per month. This subsection
14 applies only if (i) the brand-name drug was not prescribed
15 for an acute or urgent condition, (ii) the brand-name drug
16 was not prescribed for Alzheimer's disease, arthritis,
17 diabetes, HIV/AIDS, a mental health condition, or respiratory
18 disease, and (iii) a therapeutically equivalent generic
19 medication has been approved by the federal Food and Drug
20 Administration.
21 (d) The Department shall not impose requirements for
22 prior approval based on a preferred drug list for
23 anti-retroviral or any atypical antipsychotics, conventional
24 antipsychotics, or anticonvulsants used for the treatment of
25 serious mental illnesses until 30 days after it has conducted
26 a study of the impact of such requirements on patient care
27 and submitted a report to the Speaker of the House of
28 Representatives and the President of the Senate.
29 (Source: P.A. 92-597, eff. 6-28-02; 92-825, eff. 8-21-02;
30 revised 9-19-02.)
31 (305 ILCS 5/10-8.1)
32 (Text of Section before amendment by P.A. 92-876)
33 Sec. 10-8.1. Temporary order for child support.
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1 Notwithstanding any other law to the contrary, pending the
2 outcome of an administrative determination of parentage, the
3 Illinois Department shall issue a temporary order for child
4 support, upon motion by a party and a showing of clear and
5 convincing evidence of paternity. In determining the amount
6 of the temporary child support award, the Illinois Department
7 shall use the guidelines and standards set forth in
8 subsection (a) of Section 505 and in Section 505.2 of the
9 Illinois Marriage and Dissolution of Marriage Act.
10 Any new or existing support order entered by the Illinois
11 Department under this Section shall be deemed to be a series
12 of judgments against the person obligated to pay support
13 thereunder, each such judgment to be in the amount of each
14 payment or installment of support and each judgment to be
15 deemed entered as of the date the corresponding payment or
16 installment becomes due under the terms of the support order.
17 Each such judgment shall have the full force, effect, and
18 attributes of any other judgment of this State, including the
19 ability to be enforced. Any such judgment is subject to
20 modification or termination only in accordance with Section
21 510 of the Illinois Marriage and Dissolution of Marriage Act.
22 A lien arises by operation of law against the real and
23 personal property of the noncustodial parent for each
24 installment of overdue support owed by the noncustodial
25 parent.
26 All orders for support entered or modified in a case in
27 which a party is receiving child support enforcement services
28 under this Article X shall include a provision requiring the
29 non-custodial parent to notify the Illinois Department,
30 within 7 days, (i) of the name, address, and telephone number
31 of any new employer of the non-custodial parent, (ii) whether
32 the non-custodial parent has access to health insurance
33 coverage through the employer or other group coverage, and,
34 if so, the policy name and number and the names of persons
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1 covered under the policy, and (iii) of any new residential or
2 mailing address or telephone number of the non-custodial
3 parent.
4 In any subsequent action to enforce a support order, upon
5 sufficient showing that diligent effort has been made to
6 ascertain the location of the non-custodial parent, service
7 of process or provision of notice necessary in that action
8 may be made at the last known address of the non-custodial
9 parent, in any manner expressly provided by the Code of Civil
10 Procedure or this Act, which service shall be sufficient for
11 purposes of due process.
12 An order for support shall include a date on which the
13 current support obligation terminates. The termination date
14 shall be no earlier than the date on which the child covered
15 by the order will attain the age of majority or is otherwise
16 emancipated. The order for support shall state that the
17 termination date does not apply to any arrearage that may
18 remain unpaid on that date. Nothing in this paragraph shall
19 be construed to prevent the Illinois Department from
20 modifying the order.
21 (Source: P.A. 92-590, eff. 7-1-02.)
22 (Text of Section after amendment by P.A. 92-876)
23 Sec. 10-8.1. Temporary order for child support.
24 Notwithstanding any other law to the contrary, pending the
25 outcome of an administrative determination of parentage, the
26 Illinois Department shall issue a temporary order for child
27 support, upon motion by a party and a showing of clear and
28 convincing evidence of paternity. In determining the amount
29 of the temporary child support award, the Illinois Department
30 shall use the guidelines and standards set forth in
31 subsection (a) of Section 505 and in Section 505.2 of the
32 Illinois Marriage and Dissolution of Marriage Act.
33 Any new or existing support order entered by the Illinois
34 Department under this Section shall be deemed to be a series
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1 of judgments against the person obligated to pay support
2 thereunder, each such judgment to be in the amount of each
3 payment or installment of support and each judgment to be
4 deemed entered as of the date the corresponding payment or
5 installment becomes due under the terms of the support order.
6 Each such judgment shall have the full force, effect, and
7 attributes of any other judgment of this State, including the
8 ability to be enforced. Any such judgment is subject to
9 modification or termination only in accordance with Section
10 510 of the Illinois Marriage and Dissolution of Marriage Act.
11 A lien arises by operation of law against the real and
12 personal property of the noncustodial parent for each
13 installment of overdue support owed by the noncustodial
14 parent.
15 All orders for support entered or modified in a case in
16 which a party is receiving child support enforcement services
17 under this Article X shall include a provision requiring the
18 non-custodial parent to notify the Illinois Department,
19 within 7 days, (i) of the name, address, and telephone number
20 of any new employer of the non-custodial parent, (ii) whether
21 the non-custodial parent has access to health insurance
22 coverage through the employer or other group coverage, and,
23 if so, the policy name and number and the names of persons
24 covered under the policy, and (iii) of any new residential or
25 mailing address or telephone number of the non-custodial
26 parent.
27 In any subsequent action to enforce a support order, upon
28 sufficient showing that diligent effort has been made to
29 ascertain the location of the non-custodial parent, service
30 of process or provision of notice necessary in that action
31 may be made at the last known address of the non-custodial
32 parent, in any manner expressly provided by the Code of Civil
33 Procedure or this Act, which service shall be sufficient for
34 purposes of due process.
-334- LRB093 05878 EFG 05971 b
1 An order for support shall include a date on which the
2 current support obligation terminates. The termination date
3 shall be no earlier than the date on which the child covered
4 by the order will attain the age of 18. However, if the
5 child will not graduate from high school until after
6 attaining the age of 18, then the termination date shall be
7 no earlier than the earlier of the date on which the child's
8 high school graduation will occur or the date on which the
9 child will attain the age of 19. The order for support shall
10 state that the termination date does not apply to any
11 arrearage that may remain unpaid on that date. Nothing in
12 this paragraph shall be construed to prevent the Illinois
13 Department from modifying the order or terminating the order
14 in the event the child is otherwise emancipated.
15 (Source: P.A. 92-590, eff. 7-1-02; 92-876, eff. 6-1-03;
16 revised 1-14-03.)
17 (305 ILCS 5/10-10) (from Ch. 23, par. 10-10)
18 (Text of Section before amendment by P.A. 92-876)
19 Sec. 10-10. Court enforcement; applicability also to
20 persons who are not applicants or recipients. Except where
21 the Illinois Department, by agreement, acts for the local
22 governmental unit, as provided in Section 10-3.1, local
23 governmental units shall refer to the State's Attorney or to
24 the proper legal representative of the governmental unit, for
25 judicial enforcement as herein provided, instances of
26 non-support or insufficient support when the dependents are
27 applicants or recipients under Article VI. The Child and
28 Spouse Support Unit established by Section 10-3.1 may
29 institute in behalf of the Illinois Department any actions
30 under this Section for judicial enforcement of the support
31 liability when the dependents are (a) applicants or
32 recipients under Articles III, IV, V or VII; (b) applicants
33 or recipients in a local governmental unit when the Illinois
-335- LRB093 05878 EFG 05971 b
1 Department, by agreement, acts for the unit; or (c)
2 non-applicants or non-recipients who are receiving child
3 support enforcement services under this Article X, as
4 provided in Section 10-1. Where the Child and Spouse Support
5 Unit has exercised its option and discretion not to apply the
6 provisions of Sections 10-3 through 10-8, the failure by the
7 Unit to apply such provisions shall not be a bar to bringing
8 an action under this Section.
9 Action shall be brought in the circuit court to obtain
10 support, or for the recovery of aid granted during the period
11 such support was not provided, or both for the obtainment of
12 support and the recovery of the aid provided. Actions for
13 the recovery of aid may be taken separately or they may be
14 consolidated with actions to obtain support. Such actions
15 may be brought in the name of the person or persons requiring
16 support, or may be brought in the name of the Illinois
17 Department or the local governmental unit, as the case
18 requires, in behalf of such persons.
19 The court may enter such orders for the payment of moneys
20 for the support of the person as may be just and equitable
21 and may direct payment thereof for such period or periods of
22 time as the circumstances require, including support for a
23 period before the date the order for support is entered. The
24 order may be entered against any or all of the defendant
25 responsible relatives and may be based upon the proportionate
26 ability of each to contribute to the person's support.
27 The Court shall determine the amount of child support
28 (including child support for a period before the date the
29 order for child support is entered) by using the guidelines
30 and standards set forth in subsection (a) of Section 505 and
31 in Section 505.2 of the Illinois Marriage and Dissolution of
32 Marriage Act. For purposes of determining the amount of child
33 support to be paid for a period before the date the order for
34 child support is entered, there is a rebuttable presumption
-336- LRB093 05878 EFG 05971 b
1 that the responsible relative's net income for that period
2 was the same as his or her net income at the time the order
3 is entered.
4 If (i) the responsible relative was properly served with
5 a request for discovery of financial information relating to
6 the responsible relative's ability to provide child support,
7 (ii) the responsible relative failed to comply with the
8 request, despite having been ordered to do so by the court,
9 and (iii) the responsible relative is not present at the
10 hearing to determine support despite having received proper
11 notice, then any relevant financial information concerning
12 the responsible relative's ability to provide child support
13 that was obtained pursuant to subpoena and proper notice
14 shall be admitted into evidence without the need to establish
15 any further foundation for its admission.
16 An order entered under this Section shall include a
17 provision requiring the obligor to report to the obligee and
18 to the clerk of court within 10 days each time the obligor
19 obtains new employment, and each time the obligor's
20 employment is terminated for any reason. The report shall be
21 in writing and shall, in the case of new employment, include
22 the name and address of the new employer. Failure to report
23 new employment or the termination of current employment, if
24 coupled with nonpayment of support for a period in excess of
25 60 days, is indirect criminal contempt. For any obligor
26 arrested for failure to report new employment bond shall be
27 set in the amount of the child support that should have been
28 paid during the period of unreported employment. An order
29 entered under this Section shall also include a provision
30 requiring the obligor and obligee parents to advise each
31 other of a change in residence within 5 days of the change
32 except when the court finds that the physical, mental, or
33 emotional health of a party or that of a minor child, or
34 both, would be seriously endangered by disclosure of the
-337- LRB093 05878 EFG 05971 b
1 party's address.
2 The Court shall determine the amount of maintenance using
3 the standards set forth in Section 504 of the Illinois
4 Marriage and Dissolution of Marriage Act.
5 Any new or existing support order entered by the court
6 under this Section shall be deemed to be a series of
7 judgments against the person obligated to pay support
8 thereunder, each such judgment to be in the amount of each
9 payment or installment of support and each such judgment to
10 be deemed entered as of the date the corresponding payment or
11 installment becomes due under the terms of the support order.
12 Each such judgment shall have the full force, effect and
13 attributes of any other judgment of this State, including the
14 ability to be enforced. Any such judgment is subject to
15 modification or termination only in accordance with Section
16 510 of the Illinois Marriage and Dissolution of Marriage Act.
17 A lien arises by operation of law against the real and
18 personal property of the noncustodial parent for each
19 installment of overdue support owed by the noncustodial
20 parent.
21 When an order is entered for the support of a minor, the
22 court may provide therein for reasonable visitation of the
23 minor by the person or persons who provided support pursuant
24 to the order. Whoever willfully refuses to comply with such
25 visitation order or willfully interferes with its enforcement
26 may be declared in contempt of court and punished therefor.
27 Except where the local governmental unit has entered into
28 an agreement with the Illinois Department for the Child and
29 Spouse Support Unit to act for it, as provided in Section
30 10-3.1, support orders entered by the court in cases
31 involving applicants or recipients under Article VI shall
32 provide that payments thereunder be made directly to the
33 local governmental unit. Orders for the support of all other
34 applicants or recipients shall provide that payments
-338- LRB093 05878 EFG 05971 b
1 thereunder be made directly to the Illinois Department. In
2 accordance with federal law and regulations, the Illinois
3 Department may continue to collect current maintenance
4 payments or child support payments, or both, after those
5 persons cease to receive public assistance and until
6 termination of services under Article X. The Illinois
7 Department shall pay the net amount collected to those
8 persons after deducting any costs incurred in making the
9 collection or any collection fee from the amount of any
10 recovery made. In both cases the order shall permit the
11 local governmental unit or the Illinois Department, as the
12 case may be, to direct the responsible relative or relatives
13 to make support payments directly to the needy person, or to
14 some person or agency in his behalf, upon removal of the
15 person from the public aid rolls or upon termination of
16 services under Article X.
17 If the notice of support due issued pursuant to Section
18 10-7 directs that support payments be made directly to the
19 needy person, or to some person or agency in his behalf, and
20 the recipient is removed from the public aid rolls, court
21 action may be taken against the responsible relative
22 hereunder if he fails to furnish support in accordance with
23 the terms of such notice.
24 Actions may also be brought under this Section in behalf
25 of any person who is in need of support from responsible
26 relatives, as defined in Section 2-11 of Article II who is
27 not an applicant for or recipient of financial aid under this
28 Code. In such instances, the State's Attorney of the county
29 in which such person resides shall bring action against the
30 responsible relatives hereunder. If the Illinois Department,
31 as authorized by Section 10-1, extends the child support
32 enforcement services provided by this Article to spouses and
33 dependent children who are not applicants or recipients under
34 this Code, the Child and Spouse Support Unit established by
-339- LRB093 05878 EFG 05971 b
1 Section 10-3.1 shall bring action against the responsible
2 relatives hereunder and any support orders entered by the
3 court in such cases shall provide that payments thereunder be
4 made directly to the Illinois Department.
5 Whenever it is determined in a proceeding to establish or
6 enforce a child support or maintenance obligation that the
7 person owing a duty of support is unemployed, the court may
8 order the person to seek employment and report periodically
9 to the court with a diary, listing or other memorandum of his
10 or her efforts in accordance with such order. Additionally,
11 the court may order the unemployed person to report to the
12 Department of Employment Security for job search services or
13 to make application with the local Job Training Partnership
14 Act provider for participation in job search, training or
15 work programs and where the duty of support is owed to a
16 child receiving child support enforcement services under this
17 Article X, the court may order the unemployed person to
18 report to the Illinois Department for participation in job
19 search, training or work programs established under Section
20 9-6 and Article IXA of this Code.
21 Whenever it is determined that a person owes past-due
22 support for a child receiving assistance under this Code, the
23 court shall order at the request of the Illinois Department:
24 (1) that the person pay the past-due support in
25 accordance with a plan approved by the court; or
26 (2) if the person owing past-due support is
27 unemployed, is subject to such a plan, and is not
28 incapacitated, that the person participate in such job
29 search, training, or work programs established under
30 Section 9-6 and Article IXA of this Code as the court
31 deems appropriate.
32 A determination under this Section shall not be
33 administratively reviewable by the procedures specified in
34 Sections 10-12, and 10-13 to 10-13.10. Any determination
-340- LRB093 05878 EFG 05971 b
1 under these Sections, if made the basis of court action under
2 this Section, shall not affect the de novo judicial
3 determination required under this Section.
4 A one-time charge of 20% is imposable upon the amount of
5 past-due child support owed on July 1, 1988 which has accrued
6 under a support order entered by the court. The charge shall
7 be imposed in accordance with the provisions of Section 10-21
8 of this Code and shall be enforced by the court upon
9 petition.
10 All orders for support, when entered or modified, shall
11 include a provision requiring the non-custodial parent to
12 notify the court and, in cases in which a party is receiving
13 child support enforcement services under this Article X, the
14 Illinois Department, within 7 days, (i) of the name, address,
15 and telephone number of any new employer of the non-custodial
16 parent, (ii) whether the non-custodial parent has access to
17 health insurance coverage through the employer or other group
18 coverage and, if so, the policy name and number and the names
19 of persons covered under the policy, and (iii) of any new
20 residential or mailing address or telephone number of the
21 non-custodial parent. In any subsequent action to enforce a
22 support order, upon a sufficient showing that a diligent
23 effort has been made to ascertain the location of the
24 non-custodial parent, service of process or provision of
25 notice necessary in the case may be made at the last known
26 address of the non-custodial parent in any manner expressly
27 provided by the Code of Civil Procedure or this Code, which
28 service shall be sufficient for purposes of due process.
29 An order for support shall include a date on which the
30 current support obligation terminates. The termination date
31 shall be no earlier than the date on which the child covered
32 by the order will attain the age of majority or is otherwise
33 emancipated. The order for support shall state that the
34 termination date does not apply to any arrearage that may
-341- LRB093 05878 EFG 05971 b
1 remain unpaid on that date. Nothing in this paragraph shall
2 be construed to prevent the court from modifying the order.
3 Upon notification in writing or by electronic
4 transmission from the Illinois Department to the clerk of the
5 court that a person who is receiving support payments under
6 this Section is receiving services under the Child Support
7 Enforcement Program established by Title IV-D of the Social
8 Security Act, any support payments subsequently received by
9 the clerk of the court shall be transmitted in accordance
10 with the instructions of the Illinois Department until the
11 Illinois Department gives notice to the clerk of the court to
12 cease the transmittal. After providing the notification
13 authorized under this paragraph, the Illinois Department
14 shall be entitled as a party to notice of any further
15 proceedings in the case. The clerk of the court shall file a
16 copy of the Illinois Department's notification in the court
17 file. The clerk's failure to file a copy of the notification
18 in the court file shall not, however, affect the Illinois
19 Department's right to receive notice of further proceedings.
20 Payments under this Section to the Illinois Department
21 pursuant to the Child Support Enforcement Program established
22 by Title IV-D of the Social Security Act shall be paid into
23 the Child Support Enforcement Trust Fund. All payments under
24 this Section to the Illinois Department of Human Services
25 shall be deposited in the DHS Recoveries Trust Fund.
26 Disbursements from these funds shall be as provided in
27 Sections 12-9.1 and 12-10.2 of this Code. Payments received
28 by a local governmental unit shall be deposited in that
29 unit's General Assistance Fund.
30 To the extent the provisions of this Section are
31 inconsistent with the requirements pertaining to the State
32 Disbursement Unit under Sections 10-10.4 and 10-26 of this
33 Code, the requirements pertaining to the State Disbursement
34 Unit shall apply.
-342- LRB093 05878 EFG 05971 b
1 (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99;
2 91-357, eff. 7-29-99; 91-767, eff. 6-9-00; 92-16, eff.
3 6-28-01; 92-590, eff. 7-1-02.)
4 (Text of Section after amendment by P.A. 92-876)
5 Sec. 10-10. Court enforcement; applicability also to
6 persons who are not applicants or recipients. Except where
7 the Illinois Department, by agreement, acts for the local
8 governmental unit, as provided in Section 10-3.1, local
9 governmental units shall refer to the State's Attorney or to
10 the proper legal representative of the governmental unit, for
11 judicial enforcement as herein provided, instances of
12 non-support or insufficient support when the dependents are
13 applicants or recipients under Article VI. The Child and
14 Spouse Support Unit established by Section 10-3.1 may
15 institute in behalf of the Illinois Department any actions
16 under this Section for judicial enforcement of the support
17 liability when the dependents are (a) applicants or
18 recipients under Articles III, IV, V or VII; (b) applicants
19 or recipients in a local governmental unit when the Illinois
20 Department, by agreement, acts for the unit; or (c)
21 non-applicants or non-recipients who are receiving child
22 support enforcement services under this Article X, as
23 provided in Section 10-1. Where the Child and Spouse Support
24 Unit has exercised its option and discretion not to apply the
25 provisions of Sections 10-3 through 10-8, the failure by the
26 Unit to apply such provisions shall not be a bar to bringing
27 an action under this Section.
28 Action shall be brought in the circuit court to obtain
29 support, or for the recovery of aid granted during the period
30 such support was not provided, or both for the obtainment of
31 support and the recovery of the aid provided. Actions for
32 the recovery of aid may be taken separately or they may be
33 consolidated with actions to obtain support. Such actions
34 may be brought in the name of the person or persons requiring
-343- LRB093 05878 EFG 05971 b
1 support, or may be brought in the name of the Illinois
2 Department or the local governmental unit, as the case
3 requires, in behalf of such persons.
4 The court may enter such orders for the payment of moneys
5 for the support of the person as may be just and equitable
6 and may direct payment thereof for such period or periods of
7 time as the circumstances require, including support for a
8 period before the date the order for support is entered. The
9 order may be entered against any or all of the defendant
10 responsible relatives and may be based upon the proportionate
11 ability of each to contribute to the person's support.
12 The Court shall determine the amount of child support
13 (including child support for a period before the date the
14 order for child support is entered) by using the guidelines
15 and standards set forth in subsection (a) of Section 505 and
16 in Section 505.2 of the Illinois Marriage and Dissolution of
17 Marriage Act. For purposes of determining the amount of child
18 support to be paid for a period before the date the order for
19 child support is entered, there is a rebuttable presumption
20 that the responsible relative's net income for that period
21 was the same as his or her net income at the time the order
22 is entered.
23 If (i) the responsible relative was properly served with
24 a request for discovery of financial information relating to
25 the responsible relative's ability to provide child support,
26 (ii) the responsible relative failed to comply with the
27 request, despite having been ordered to do so by the court,
28 and (iii) the responsible relative is not present at the
29 hearing to determine support despite having received proper
30 notice, then any relevant financial information concerning
31 the responsible relative's ability to provide child support
32 that was obtained pursuant to subpoena and proper notice
33 shall be admitted into evidence without the need to establish
34 any further foundation for its admission.
-344- LRB093 05878 EFG 05971 b
1 An order entered under this Section shall include a
2 provision requiring the obligor to report to the obligee and
3 to the clerk of court within 10 days each time the obligor
4 obtains new employment, and each time the obligor's
5 employment is terminated for any reason. The report shall be
6 in writing and shall, in the case of new employment, include
7 the name and address of the new employer. Failure to report
8 new employment or the termination of current employment, if
9 coupled with nonpayment of support for a period in excess of
10 60 days, is indirect criminal contempt. For any obligor
11 arrested for failure to report new employment bond shall be
12 set in the amount of the child support that should have been
13 paid during the period of unreported employment. An order
14 entered under this Section shall also include a provision
15 requiring the obligor and obligee parents to advise each
16 other of a change in residence within 5 days of the change
17 except when the court finds that the physical, mental, or
18 emotional health of a party or that of a minor child, or
19 both, would be seriously endangered by disclosure of the
20 party's address.
21 The Court shall determine the amount of maintenance using
22 the standards set forth in Section 504 of the Illinois
23 Marriage and Dissolution of Marriage Act.
24 Any new or existing support order entered by the court
25 under this Section shall be deemed to be a series of
26 judgments against the person obligated to pay support
27 thereunder, each such judgment to be in the amount of each
28 payment or installment of support and each such judgment to
29 be deemed entered as of the date the corresponding payment or
30 installment becomes due under the terms of the support order.
31 Each such judgment shall have the full force, effect and
32 attributes of any other judgment of this State, including the
33 ability to be enforced. Any such judgment is subject to
34 modification or termination only in accordance with Section
-345- LRB093 05878 EFG 05971 b
1 510 of the Illinois Marriage and Dissolution of Marriage Act.
2 A lien arises by operation of law against the real and
3 personal property of the noncustodial parent for each
4 installment of overdue support owed by the noncustodial
5 parent.
6 When an order is entered for the support of a minor, the
7 court may provide therein for reasonable visitation of the
8 minor by the person or persons who provided support pursuant
9 to the order. Whoever willfully refuses to comply with such
10 visitation order or willfully interferes with its enforcement
11 may be declared in contempt of court and punished therefor.
12 Except where the local governmental unit has entered into
13 an agreement with the Illinois Department for the Child and
14 Spouse Support Unit to act for it, as provided in Section
15 10-3.1, support orders entered by the court in cases
16 involving applicants or recipients under Article VI shall
17 provide that payments thereunder be made directly to the
18 local governmental unit. Orders for the support of all other
19 applicants or recipients shall provide that payments
20 thereunder be made directly to the Illinois Department. In
21 accordance with federal law and regulations, the Illinois
22 Department may continue to collect current maintenance
23 payments or child support payments, or both, after those
24 persons cease to receive public assistance and until
25 termination of services under Article X. The Illinois
26 Department shall pay the net amount collected to those
27 persons after deducting any costs incurred in making the
28 collection or any collection fee from the amount of any
29 recovery made. In both cases the order shall permit the
30 local governmental unit or the Illinois Department, as the
31 case may be, to direct the responsible relative or relatives
32 to make support payments directly to the needy person, or to
33 some person or agency in his behalf, upon removal of the
34 person from the public aid rolls or upon termination of
-346- LRB093 05878 EFG 05971 b
1 services under Article X.
2 If the notice of support due issued pursuant to Section
3 10-7 directs that support payments be made directly to the
4 needy person, or to some person or agency in his behalf, and
5 the recipient is removed from the public aid rolls, court
6 action may be taken against the responsible relative
7 hereunder if he fails to furnish support in accordance with
8 the terms of such notice.
9 Actions may also be brought under this Section in behalf
10 of any person who is in need of support from responsible
11 relatives, as defined in Section 2-11 of Article II who is
12 not an applicant for or recipient of financial aid under this
13 Code. In such instances, the State's Attorney of the county
14 in which such person resides shall bring action against the
15 responsible relatives hereunder. If the Illinois Department,
16 as authorized by Section 10-1, extends the child support
17 enforcement services provided by this Article to spouses and
18 dependent children who are not applicants or recipients under
19 this Code, the Child and Spouse Support Unit established by
20 Section 10-3.1 shall bring action against the responsible
21 relatives hereunder and any support orders entered by the
22 court in such cases shall provide that payments thereunder be
23 made directly to the Illinois Department.
24 Whenever it is determined in a proceeding to establish or
25 enforce a child support or maintenance obligation that the
26 person owing a duty of support is unemployed, the court may
27 order the person to seek employment and report periodically
28 to the court with a diary, listing or other memorandum of his
29 or her efforts in accordance with such order. Additionally,
30 the court may order the unemployed person to report to the
31 Department of Employment Security for job search services or
32 to make application with the local Job Training Partnership
33 Act provider for participation in job search, training or
34 work programs and where the duty of support is owed to a
-347- LRB093 05878 EFG 05971 b
1 child receiving child support enforcement services under this
2 Article X, the court may order the unemployed person to
3 report to the Illinois Department for participation in job
4 search, training or work programs established under Section
5 9-6 and Article IXA of this Code.
6 Whenever it is determined that a person owes past-due
7 support for a child receiving assistance under this Code, the
8 court shall order at the request of the Illinois Department:
9 (1) that the person pay the past-due support in
10 accordance with a plan approved by the court; or
11 (2) if the person owing past-due support is
12 unemployed, is subject to such a plan, and is not
13 incapacitated, that the person participate in such job
14 search, training, or work programs established under
15 Section 9-6 and Article IXA of this Code as the court
16 deems appropriate.
17 A determination under this Section shall not be
18 administratively reviewable by the procedures specified in
19 Sections 10-12, and 10-13 to 10-13.10. Any determination
20 under these Sections, if made the basis of court action under
21 this Section, shall not affect the de novo judicial
22 determination required under this Section.
23 A one-time charge of 20% is imposable upon the amount of
24 past-due child support owed on July 1, 1988 which has accrued
25 under a support order entered by the court. The charge shall
26 be imposed in accordance with the provisions of Section 10-21
27 of this Code and shall be enforced by the court upon
28 petition.
29 All orders for support, when entered or modified, shall
30 include a provision requiring the non-custodial parent to
31 notify the court and, in cases in which a party is receiving
32 child support enforcement services under this Article X, the
33 Illinois Department, within 7 days, (i) of the name, address,
34 and telephone number of any new employer of the non-custodial
-348- LRB093 05878 EFG 05971 b
1 parent, (ii) whether the non-custodial parent has access to
2 health insurance coverage through the employer or other group
3 coverage and, if so, the policy name and number and the names
4 of persons covered under the policy, and (iii) of any new
5 residential or mailing address or telephone number of the
6 non-custodial parent. In any subsequent action to enforce a
7 support order, upon a sufficient showing that a diligent
8 effort has been made to ascertain the location of the
9 non-custodial parent, service of process or provision of
10 notice necessary in the case may be made at the last known
11 address of the non-custodial parent in any manner expressly
12 provided by the Code of Civil Procedure or this Code, which
13 service shall be sufficient for purposes of due process.
14 An order for support shall include a date on which the
15 current support obligation terminates. The termination date
16 shall be no earlier than the date on which the child covered
17 by the order will attain the age of 18. However, if the
18 child will not graduate from high school until after
19 attaining the age of 18, then the termination date shall be
20 no earlier than the earlier of the date on which the child's
21 high school graduation will occur or the date on which the
22 child will attain the age of 19. The order for support shall
23 state that the termination date does not apply to any
24 arrearage that may remain unpaid on that date. Nothing in
25 this paragraph shall be construed to prevent the court from
26 modifying the order or terminating the order in the event the
27 child is otherwise emancipated.
28 Upon notification in writing or by electronic
29 transmission from the Illinois Department to the clerk of the
30 court that a person who is receiving support payments under
31 this Section is receiving services under the Child Support
32 Enforcement Program established by Title IV-D of the Social
33 Security Act, any support payments subsequently received by
34 the clerk of the court shall be transmitted in accordance
-349- LRB093 05878 EFG 05971 b
1 with the instructions of the Illinois Department until the
2 Illinois Department gives notice to the clerk of the court to
3 cease the transmittal. After providing the notification
4 authorized under this paragraph, the Illinois Department
5 shall be entitled as a party to notice of any further
6 proceedings in the case. The clerk of the court shall file a
7 copy of the Illinois Department's notification in the court
8 file. The clerk's failure to file a copy of the notification
9 in the court file shall not, however, affect the Illinois
10 Department's right to receive notice of further proceedings.
11 Payments under this Section to the Illinois Department
12 pursuant to the Child Support Enforcement Program established
13 by Title IV-D of the Social Security Act shall be paid into
14 the Child Support Enforcement Trust Fund. All payments under
15 this Section to the Illinois Department of Human Services
16 shall be deposited in the DHS Recoveries Trust Fund.
17 Disbursements from these funds shall be as provided in
18 Sections 12-9.1 and 12-10.2 of this Code. Payments received
19 by a local governmental unit shall be deposited in that
20 unit's General Assistance Fund.
21 To the extent the provisions of this Section are
22 inconsistent with the requirements pertaining to the State
23 Disbursement Unit under Sections 10-10.4 and 10-26 of this
24 Code, the requirements pertaining to the State Disbursement
25 Unit shall apply.
26 (Source: P.A. 91-24, eff. 7-1-99; 91-212, eff. 7-20-99;
27 91-357, eff. 7-29-99; 91-767, eff. 6-9-00; 92-16, eff.
28 6-28-01; 92-590, eff. 7-1-02; 92-876, eff. 6-1-03; revised
29 1-14-03.)
30 (305 ILCS 5/10-11) (from Ch. 23, par. 10-11)
31 (Text of Section before amendment by P.A. 92-876)
32 Sec. 10-11. Administrative Orders. In lieu of actions
33 for court enforcement of support under Section 10-10, the
-350- LRB093 05878 EFG 05971 b
1 Child and Spouse Support Unit of the Illinois Department, in
2 accordance with the rules of the Illinois Department, may
3 issue an administrative order requiring the responsible
4 relative to comply with the terms of the determination and
5 notice of support due, determined and issued under Sections
6 10-6 and 10-7. The Unit may also enter an administrative
7 order under subsection (b) of Section 10-7. The
8 administrative order shall be served upon the responsible
9 relative by United States registered or certified mail. In
10 cases in which the responsible relative appeared at the
11 office of the Child and Spouse Support Unit in response to
12 the notice of support obligation issued under Section 10-4,
13 however, or in cases of default in which the notice was
14 served on the responsible relative by certified mail, return
15 receipt requested, or by any method provided by law for
16 service of summons, the administrative determination of
17 paternity or administrative support order may be sent to the
18 responsible relative by ordinary mail addressed to the
19 responsible relative's last known address.
20 If a responsible relative or a person receiving child
21 support enforcement services under this Article fails to
22 petition the Illinois Department for release from or
23 modification of the administrative order, as provided in
24 Section 10-12 or Section 10-12.1, the order shall become
25 final and there shall be no further administrative or
26 judicial remedy. Likewise a decision by the Illinois
27 Department as a result of an administrative hearing, as
28 provided in Sections 10-13 to 10-13.10, shall become final
29 and enforceable if not judicially reviewed under the
30 Administrative Review Law, as provided in Section 10-14.
31 Any new or existing support order entered by the Illinois
32 Department under this Section shall be deemed to be a series
33 of judgments against the person obligated to pay support
34 thereunder, each such judgment to be in the amount of each
-351- LRB093 05878 EFG 05971 b
1 payment or installment of support and each such judgment to
2 be deemed entered as of the date the corresponding payment or
3 installment becomes due under the terms of the support order.
4 Each such judgment shall have the full force, effect and
5 attributes of any other judgment of this State, including the
6 ability to be enforced. Any such judgment is subject to
7 modification or termination only in accordance with Section
8 510 of the Illinois Marriage and Dissolution of Marriage Act.
9 A lien arises by operation of law against the real and
10 personal property of the noncustodial parent for each
11 installment of overdue support owed by the noncustodial
12 parent.
13 An order entered under this Section shall include a
14 provision requiring the obligor to report to the obligee and
15 to the clerk of court within 10 days each time the obligor
16 obtains new employment, and each time the obligor's
17 employment is terminated for any reason. The report shall be
18 in writing and shall, in the case of new employment, include
19 the name and address of the new employer. Failure to report
20 new employment or the termination of current employment, if
21 coupled with nonpayment of support for a period in excess of
22 60 days, is indirect criminal contempt. For any obligor
23 arrested for failure to report new employment bond shall be
24 set in the amount of the child support that should have been
25 paid during the period of unreported employment. An order
26 entered under this Section shall also include a provision
27 requiring the obligor and obligee parents to advise each
28 other of a change in residence within 5 days of the change
29 except when the court finds that the physical, mental, or
30 emotional health of a party or that of a minor child, or
31 both, would be seriously endangered by disclosure of the
32 party's address.
33 A one-time charge of 20% is imposable upon the amount of
34 past-due child support owed on July 1, 1988, which has
-352- LRB093 05878 EFG 05971 b
1 accrued under a support order entered by the Illinois
2 Department under this Section. The charge shall be imposed
3 in accordance with the provisions of Section 10-21 and shall
4 be enforced by the court in a suit filed under Section 10-15.
5 (Source: P.A. 91-212, eff. 7-20-99; 92-590, eff. 7-1-02.)
6 (Text of Section after amendment by P.A. 92-876)
7 Sec. 10-11. Administrative Orders. In lieu of actions
8 for court enforcement of support under Section 10-10, the
9 Child and Spouse Support Unit of the Illinois Department, in
10 accordance with the rules of the Illinois Department, may
11 issue an administrative order requiring the responsible
12 relative to comply with the terms of the determination and
13 notice of support due, determined and issued under Sections
14 10-6 and 10-7. The Unit may also enter an administrative
15 order under subsection (b) of Section 10-7. The
16 administrative order shall be served upon the responsible
17 relative by United States registered or certified mail. In
18 cases in which the responsible relative appeared at the
19 office of the Child and Spouse Support Unit in response to
20 the notice of support obligation issued under Section 10-4,
21 however, or in cases of default in which the notice was
22 served on the responsible relative by certified mail, return
23 receipt requested, or by any method provided by law for
24 service of summons, the administrative determination of
25 paternity or administrative support order may be sent to the
26 responsible relative by ordinary mail addressed to the
27 responsible relative's last known address.
28 If a responsible relative or a person receiving child
29 support enforcement services under this Article fails to
30 petition the Illinois Department for release from or
31 modification of the administrative order, as provided in
32 Section 10-12 or Section 10-12.1, the order shall become
33 final and there shall be no further administrative or
34 judicial remedy. Likewise a decision by the Illinois
-353- LRB093 05878 EFG 05971 b
1 Department as a result of an administrative hearing, as
2 provided in Sections 10-13 to 10-13.10, shall become final
3 and enforceable if not judicially reviewed under the
4 Administrative Review Law, as provided in Section 10-14.
5 Any new or existing support order entered by the Illinois
6 Department under this Section shall be deemed to be a series
7 of judgments against the person obligated to pay support
8 thereunder, each such judgment to be in the amount of each
9 payment or installment of support and each such judgment to
10 be deemed entered as of the date the corresponding payment or
11 installment becomes due under the terms of the support order.
12 Each such judgment shall have the full force, effect and
13 attributes of any other judgment of this State, including the
14 ability to be enforced. Any such judgment is subject to
15 modification or termination only in accordance with Section
16 510 of the Illinois Marriage and Dissolution of Marriage Act.
17 A lien arises by operation of law against the real and
18 personal property of the noncustodial parent for each
19 installment of overdue support owed by the noncustodial
20 parent.
21 An order entered under this Section shall include a
22 provision requiring the obligor to report to the obligee and
23 to the clerk of court within 10 days each time the obligor
24 obtains new employment, and each time the obligor's
25 employment is terminated for any reason. The report shall be
26 in writing and shall, in the case of new employment, include
27 the name and address of the new employer. Failure to report
28 new employment or the termination of current employment, if
29 coupled with nonpayment of support for a period in excess of
30 60 days, is indirect criminal contempt. For any obligor
31 arrested for failure to report new employment bond shall be
32 set in the amount of the child support that should have been
33 paid during the period of unreported employment. An order
34 entered under this Section shall also include a provision
-354- LRB093 05878 EFG 05971 b
1 requiring the obligor and obligee parents to advise each
2 other of a change in residence within 5 days of the change
3 except when the court finds that the physical, mental, or
4 emotional health of a party or that of a minor child, or
5 both, would be seriously endangered by disclosure of the
6 party's address.
7 A one-time charge of 20% is imposable upon the amount of
8 past-due child support owed on July 1, 1988, which has
9 accrued under a support order entered by the Illinois
10 Department under this Section. The charge shall be imposed
11 in accordance with the provisions of Section 10-21 and shall
12 be enforced by the court in a suit filed under Section 10-15.
13 An order for support shall include a date on which the
14 support obligation terminates. The termination date shall be
15 no earlier than the date on which the child covered by the
16 order will attain the age of 18. However, if the child will
17 not graduate from high school until after attaining the age
18 of 18, then the termination date shall be no earlier than the
19 earlier of the date that the child's graduation will occur or
20 the date on which the child will attain the age of 19. The
21 order for support shall state that the termination date does
22 not apply to any arrearage that may remain unpaid on that
23 date. Nothing in this paragraph shall be construed to
24 prevent the Illinois Department from modifying the order or
25 terminating the order in the event the child is otherwise
26 emancipated.
27 (Source: P.A. 91-212, eff. 7-20-99; 92-590, eff. 7-1-02;
28 92-876, eff. 6-1-03; revised 1-14-03.)
29 (305 ILCS 5/12-13.05)
30 Sec. 12-13.05. Rules for Temporary Assistance for Needy
31 Families. All rules regulating the Temporary Assistance for
32 Needy Families program and all other rules regulating the
33 amendatory changes to this Code made by this amendatory Act
-355- LRB093 05878 EFG 05971 b
1 of 1997 shall be promulgated pursuant to this Section. All
2 rules regulating the Temporary Assistance for Needy Families
3 program and all other rules regulating the amendatory changes
4 to this Code made by this amendatory Act of 1997 are repealed
5 on July 1, 2006. On and after July 1, 2006, the Illinois
6 Department may not promulgate any rules regulating the
7 Temporary Assistance for Needy Families program or regulating
8 the amendatory changes to this Code made by this amendatory
9 Act of 1997.
10 (Source: P.A. 91-5, eff. 5-27-99; 92-111, eff. 1-1-02;
11 92-597, eff. 6-28-02; revised 11-06-02.)
12 Section 43. The Lead Poisoning Prevention Act is amended
13 by changing Section 14 as follows:
14 (410 ILCS 45/14) (from Ch. 111 1/2, par. 1314)
15 Sec. 14. Departmental regulations and activities. The
16 Department shall establish and publish regulations and
17 guidelines governing permissible limits of lead in and about
18 residential buildings and dwellings.
19 The Department shall also initiate activities that:
20 (a) Will either provide for or support the monitoring
21 and validation of all medical laboratories and, private and
22 public hospitals that perform lead determination tests on
23 human blood or other tissues.;
24 (b) Will, subject to Section 7.2 of this Act, provide
25 laboratory testing of blood specimens for lead content, to
26 any physician, hospital, clinic, free clinic, municipality,
27 or private organization organizations that cannot secure or
28 provide the services through other sources. The Department
29 shall not assume responsibility for blood lead analysis
30 required in programs currently in operation.;
31 (c) Will develop or encourage the development of
32 appropriate programs and studies to identify sources of lead
-356- LRB093 05878 EFG 05971 b
1 intoxication and assist other entities in the identification
2 of lead in children's blood and the sources of that
3 intoxication.;
4 (d) May provide technical assistance and consultation to
5 local, county, or regional governmental or private agencies
6 for the promotion and development of lead poisoning
7 prevention programs.
8 (e) Will provide recommendations by the Department on
9 the subject of identification and treatment of for lead
10 poisoning.
11 (f) Will maintain a clearinghouse of information, and
12 will develop additional educational materials, on (i) lead
13 hazards to children, (ii) lead poisoning prevention, (iii)
14 lead poisoning screening, (iv) lead mitigation, abatement,
15 and disposal, and (v) on health hazards during abatement.
16 The Department shall make this information available to the
17 general public.
18 (Source: P.A. 87-175; 87-1144; revised 1-20-03.)
19 Section 44. The Environmental Protection Act is amended
20 by changing Sections 57.2, 57.7, 57.8, 57.10, 57.13, and 58.7
21 as follows:
22 (415 ILCS 5/57.2)
23 Sec. 57.2. Definitions. As used in this Title:
24 "Audit" means a systematic inspection or examination of
25 plans, reports, records, or documents to determine the
26 completeness and accuracy of the data and conclusions
27 contained therein.
28 "Bodily injury" means bodily injury, sickness, or disease
29 sustained by a person, including death at any time, resulting
30 from a release of petroleum from an underground storage tank.
31 "Release" means any spilling, leaking, emitting,
32 discharging, escaping, leaching or disposing of petroleum
-357- LRB093 05878 EFG 05971 b
1 from an underground storage tank into groundwater, surface
2 water or subsurface soils.
3 "Fill material" means non-native or disturbed materials
4 used to bed and backfill around an underground storage tank.
5 "Fund" means the Underground Storage Tank Fund.
6 "Heating Oil" means petroleum that is No. 1, No. 2, No. 4
7 - light, No. 4 - heavy, No. 5 - light, No. 5 - heavy or No. 6
8 technical grades of fuel oil; and other residual fuel oils
9 including Navy Special Fuel Oil and Bunker C.
10 "Indemnification" means indemnification of an owner or
11 operator for the amount of any judgment entered against the
12 owner or operator in a court of law, for the amount of any
13 final order or determination made against the owner or
14 operator by an agency of State government or any subdivision
15 thereof, or for the amount of any settlement entered into by
16 the owner or operator, if the judgment, order, determination,
17 or settlement arises out of bodily injury or property damage
18 suffered as a result of a release of petroleum from an
19 underground storage tank owned or operated by the owner or
20 operator.
21 "Corrective action" means activities associated with
22 compliance with the provisions of Sections 57.6 and 57.7 of
23 this Title.
24 "Occurrence" means an accident, including continuous or
25 repeated exposure to conditions, that results in a sudden or
26 nonsudden release from an underground storage tank.
27 When used in connection with, or when otherwise relating
28 to, underground storage tanks, the terms "facility", "owner",
29 "operator", "underground storage tank", "(UST)", "petroleum"
30 and "regulated substance" shall have the meanings ascribed to
31 them in Subtitle I of the Hazardous and Solid Waste
32 Amendments of 1984 (P.L. 98-616), of the Resource
33 Conservation and Recovery Act of 1976 (P.L. 94-580); provided
34 however that the term "underground storage tank" shall also
-358- LRB093 05878 EFG 05971 b
1 mean an underground storage tank used exclusively to store
2 heating oil for consumptive use on the premises where stored
3 and which serves other than a farm or residential unit.
4 "Licensed Professional Engineer" means a person,
5 corporation, or partnership licensed under the laws of the
6 State of Illinois to practice professional engineering.
7 "Licensed Professional Geologist" means a person licensed
8 under the laws of the State of Illinois to practice as a
9 professional geologist.
10 "Site" means any single location, place, tract of land or
11 parcel of property including contiguous property not
12 separated by a public right-of-way.
13 "Site investigation" means activities associated with
14 compliance with the provisions of subsection (a) of Section
15 57.7.
16 "Property damage" means physical injury to, destruction
17 of, or contamination of tangible property, including all
18 resulting loss of use of that property; or loss of use of
19 tangible property that is not physically injured, destroyed,
20 or contaminated, but has been evacuated, withdrawn from use,
21 or rendered inaccessible because of a release of petroleum
22 from an underground storage tank.
23 "Class I Groundwater" means groundwater that meets the
24 Class I: Potable Resource Groundwater criteria set forth in
25 the Board regulations adopted pursuant to the Illinois
26 Groundwater Protection Act.
27 "Class III Groundwater" means groundwater that meets the
28 Class III: Special Resource Groundwater criteria set forth
29 in the Board regulations adopted pursuant to the Illinois
30 Groundwater Protection Act.
31 (Source: P.A. 92-554, eff. 6-24-02; 92-735, eff. 7-25-02;
32 revised 9-9-02.)
33 (415 ILCS 5/57.7)
-359- LRB093 05878 EFG 05971 b
1 Sec. 57.7. Leaking underground storage tanks; site
2 investigation and corrective action.
3 (a) Site investigation.
4 (1) For any site investigation activities required
5 by statute or rule, the owner or operator shall submit to
6 the Agency for approval a site investigation plan
7 designed to determine the nature, concentration,
8 direction of movement, rate of movement, and extent of
9 the contamination as well as the significant physical
10 features of the site and surrounding area that may affect
11 contaminant transport and risk to human health and safety
12 and the environment.
13 (2) Any owner or operator intending to seek payment
14 from the Fund shall submit to the Agency for approval a
15 site investigation budget that includes, but is not
16 limited to, an accounting of all costs associated with
17 the implementation and completion of the site
18 investigation plan.
19 (3) Remediation objectives for the applicable
20 indicator contaminants shall be determined using the
21 tiered approach to corrective action objectives rules
22 adopted by the Board pursuant to this Title and Title
23 XVII of this Act. For the purposes of this Title,
24 "Contaminant of Concern" or "Regulated Substance of
25 Concern" in the rules means the applicable indicator
26 contaminants set forth in subsection (d) of this Section
27 and the rules adopted thereunder.
28 (4) Upon the Agency's approval of a site
29 investigation plan, or as otherwise directed by the
30 Agency, the owner or operator shall conduct a site
31 investigation in accordance with the plan.
32 (5) Within 30 days after completing the site
33 investigation, the owner or operator shall submit to the
34 Agency for approval a site investigation completion
-360- LRB093 05878 EFG 05971 b
1 report. At a minimum the report shall include all of the
2 following:
3 (A) Executive summary.
4 (B) Site history.
5 (C) Site-specific sampling methods and
6 results.
7 (D) Documentation of all field activities,
8 including quality assurance.
9 (E) Documentation regarding the development of
10 proposed remediation objectives.
11 (F) Interpretation of results.
12 (G) Conclusions.
13 (b) Corrective action.
14 (1) If the site investigation confirms none of the
15 applicable indicator contaminants exceed the proposed
16 remediation objectives, within 30 days after completing
17 the site investigation the owner or operator shall submit
18 to the Agency for approval a corrective action completion
19 report in accordance with this Section.
20 (2) If any of the applicable indicator contaminants
21 exceed the remediation objectives approved for the site,
22 within 30 days after the Agency approves the site
23 investigation completion report the owner or operator
24 shall submit to the Agency for approval a corrective
25 action plan designed to mitigate any threat to human
26 health, human safety, or the environment resulting from
27 the underground storage tank release. The plan shall
28 describe the selected remedy and evaluate its ability and
29 effectiveness to achieve the remediation objectives
30 approved for the site. At a minimum, the report shall
31 include all of the following:
32 (A) Executive summary.
33 (B) Statement of remediation objectives.
34 (C) Remedial technologies selected.
-361- LRB093 05878 EFG 05971 b
1 (D) Confirmation sampling plan.
2 (E) Current and projected future use of the
3 property.
4 (F) Applicable preventive, engineering, and
5 institutional controls including long-term
6 reliability, operating, and maintenance plans, and
7 monitoring procedures.
8 (G) A schedule for implementation and
9 completion of the plan.
10 (3) Any owner or operator intending to seek payment
11 from the Fund shall submit to the Agency for approval a
12 corrective action budget that includes, but is not
13 limited to, an accounting of all costs associated with
14 the implementation and completion of the corrective
15 action plan.
16 (4) Upon the Agency's approval of a corrective
17 action plan, or as otherwise directed by the Agency, the
18 owner or operator shall proceed with corrective action in
19 accordance with the plan.
20 (5) Within 30 days after the completion of a
21 corrective action plan that achieves applicable
22 remediation objectives the owner or operator shall submit
23 to the Agency for approval a corrective action completion
24 report. The report shall demonstrate whether corrective
25 action was completed in accordance with the approved
26 corrective action plan and whether the remediation
27 objectives approved for the site, as well as any other
28 requirements of the plan, have been achieved.
29 (6) If within 4 years after the approval of any
30 corrective action plan the applicable remediation
31 objectives have not been achieved and the owner or
32 operator has not submitted a corrective action completion
33 report, the owner or operator must submit a status report
34 for Agency review. The status report must include, but
-362- LRB093 05878 EFG 05971 b
1 is not limited to, a description of the remediation
2 activities taken to date, the effectiveness of the method
3 of remediation being used, the likelihood of meeting the
4 applicable remediation objectives using the current
5 method of remediation, and the date the applicable
6 remediation objectives are expected to be achieved.
7 (7) If the Agency determines any approved
8 corrective action plan will not achieve applicable
9 remediation objectives within a reasonable time, based
10 upon the method of remediation and site specific
11 circumstances, the Agency may require the owner or
12 operator to submit to the Agency for approval a revised
13 corrective action plan. If the owner or operator intends
14 to seek payment from the Fund, the owner or operator must
15 also submit a revised budget.
16 or Licensed Professional Geologist or Licensed Professional
17 Geologist or Licensed Professional Geologist or Licensed
18 Professional Geologist or Licensed Professional Geologist or
19 Licensed Professional Geologist or Licensed Professional
20 Geologist or Licensed Professional Geologist or Licensed
21 Professional Geologist or Licensed Professional Geologist
22 (c) Agency review and approval.
23 (1) Agency approval of any plan and associated
24 budget, as described in this subsection (c), shall be
25 considered final approval for purposes of seeking and
26 obtaining payment from the Underground Storage Tank Fund
27 if the costs associated with the completion of any such
28 plan are less than or equal to the amounts approved in
29 such budget.
30 (2) In the event the Agency fails to approve,
31 disapprove, or modify any plan or report submitted
32 pursuant to this Title in writing within 120 days of the
33 receipt by the Agency, the plan or report shall be
34 considered to be rejected by operation of law for
-363- LRB093 05878 EFG 05971 b
1 purposes of this Title and rejected for purposes of
2 payment from the Underground Storage Tank Fund.
3 (A) For purposes of those plans as identified
4 in paragraph (5) of this subsection (c), the
5 Agency's review may be an audit procedure. Such
6 review or audit shall be consistent with the
7 procedure for such review or audit as promulgated by
8 the Board under Section 57.14. The Agency has the
9 authority to establish an auditing program to verify
10 compliance of such plans with the provisions of this
11 Title.
12 (B) For purposes of corrective action plans
13 submitted pursuant to subsection (b) of this Section
14 for which payment from the Fund is not being sought,
15 the Agency need not take action on such plan until
16 120 days after it receives the corrective action
17 completion report required under subsection (b) of
18 this Section. In the event the Agency approved the
19 plan, it shall proceed under the provisions of this
20 subsection (c).
21 (3) In approving any plan submitted pursuant to
22 subsection (a) or (b) of this Section, the Agency shall
23 determine, by a procedure promulgated by the Board under
24 Section 57.14, that the costs associated with the plan
25 are reasonable, will be incurred in the performance of
26 site investigation or corrective action, and will not be
27 used for site investigation or corrective action
28 activities in excess of those required to meet the
29 minimum requirements of this Title.
30 (4) For any plan or report received after June 24,
31 September 13, 2002, any action by the Agency to
32 disapprove or modify a plan submitted pursuant to this
33 Title shall be provided to the owner or operator in
34 writing within 120 days of the receipt by the Agency or,
-364- LRB093 05878 EFG 05971 b
1 in the case of a site investigation plan or corrective
2 action plan for which payment is not being sought, within
3 120 days of receipt of the site investigation completion
4 report or corrective action completion report,
5 respectively, and shall be accompanied by:
6 (A) an explanation of the Sections of this Act
7 which may be violated if the plans were approved;
8 (B) an explanation of the provisions of the
9 regulations, promulgated under this Act, which may
10 be violated if the plan were approved;
11 (C) an explanation of the specific type of
12 information, if any, which the Agency deems the
13 applicant did not provide the Agency; and
14 (D) a statement of specific reasons why the
15 Act and the regulations might not be met if the plan
16 were approved.
17 Any action by the Agency to disapprove or modify a
18 plan or report or the rejection of any plan or report by
19 operation of law shall be subject to appeal to the Board
20 in accordance with the procedures of Section 40. If the
21 owner or operator elects to incorporate modifications
22 required by the Agency rather than appeal, an amended
23 plan shall be submitted to the Agency within 35 days of
24 receipt of the Agency's written notification.
25 (5) For purposes of this Title, the term "plan"
26 shall include:
27 (A) Any site investigation plan submitted
28 pursuant to subsection (a) of this Section;
29 (B) Any site investigation budget submitted
30 pursuant to subsection (a) of this Section;
31 (C) Any corrective action plan submitted
32 pursuant to subsection (b) of this Section; or
33 (D) Any corrective action plan budget
34 submitted pursuant to subsection (b) of this
-365- LRB093 05878 EFG 05971 b
1 Section.
2 (d) For purposes of this Title, the term "indicator
3 contaminant" shall mean, unless and until the Board
4 promulgates regulations to the contrary, the following: (i)
5 if an underground storage tank contains gasoline, the
6 indicator parameter shall be BTEX and Benzene; (ii) if the
7 tank contained petroleum products consisting of middle
8 distillate or heavy ends, then the indicator parameter shall
9 be determined by a scan of PNA's taken from the location
10 where contamination is most likely to be present; and (iii)
11 if the tank contained used oil, then the indicator
12 contaminant shall be those chemical constituents which
13 indicate the type of petroleum stored in an underground
14 storage tank. All references in this Title to groundwater
15 objectives shall mean Class I groundwater standards or
16 objectives as applicable.
17 (e) (1) Notwithstanding the provisions of this Section,
18 an owner or operator may proceed to conduct site
19 investigation or corrective action prior to the submittal
20 or approval of an otherwise required plan. If the owner
21 or operator elects to so proceed, an applicable plan
22 shall be filed with the Agency at any time. Such plan
23 shall detail the steps taken to determine the type of
24 site investigation or corrective action which was
25 necessary at the site along with the site investigation
26 or corrective action taken or to be taken, in addition to
27 costs associated with activities to date and anticipated
28 costs.
29 (2) Upon receipt of a plan submitted after
30 activities have commenced at a site, the Agency shall
31 proceed to review in the same manner as required under
32 this Title. In the event the Agency disapproves all or
33 part of the costs, the owner or operator may appeal such
34 decision to the Board. The owner or operator shall not
-366- LRB093 05878 EFG 05971 b
1 be eligible to be reimbursed for such disapproved costs
2 unless and until the Board determines that such costs
3 were eligible for payment.
4 (f) All investigations, plans, and reports conducted or
5 prepared under this Section shall be conducted or prepared
6 under the supervision of a licensed professional engineer and
7 in accordance with the requirements of this Title.
8 (Source: P.A. 92-554, eff. 6-24-02; 92-574, eff. 6-26-02;
9 92-651, eff. 7-11-02; 92-735, eff. 7-25-02; revised 10-3-02.)
10 (415 ILCS 5/57.8)
11 Sec. 57.8. Underground Storage Tank Fund; payment;
12 options for State payment; deferred correction election to
13 commence corrective action upon availability of funds. If an
14 owner or operator is eligible to access the Underground
15 Storage Tank Fund pursuant to an Office of State Fire Marshal
16 eligibility/deductible final determination letter issued in
17 accordance with Section 57.9, the owner or operator may
18 submit a complete application for final or partial payment to
19 the Agency for activities taken in response to a confirmed
20 release. An owner or operator may submit a request for
21 partial or final payment regarding a site no more frequently
22 than once every 90 days.
23 (a) Payment after completion of corrective action
24 measures. The owner or operator may submit an application for
25 payment for activities performed at a site after completion
26 of the requirements of Sections 57.6 and 57.7, or after
27 completion of any other required activities at the
28 underground storage tank site.
29 (1) In the case of any approved plan and budget for
30 which payment is being sought, the Agency shall make a
31 payment determination within 120 days of receipt of the
32 application. Such determination shall be considered a
33 final decision. The Agency's review shall be limited to
-367- LRB093 05878 EFG 05971 b
1 generally accepted auditing and accounting practices. In
2 no case shall the Agency conduct additional review of any
3 plan which was completed within the budget, beyond
4 auditing for adherence to the corrective action measures
5 in the proposal. If the Agency fails to approve the
6 payment application within 120 days, such application
7 shall be deemed approved by operation of law and the
8 Agency shall proceed to reimburse the owner or operator
9 the amount requested in the payment application.
10 However, in no event shall the Agency reimburse the owner
11 or operator an amount greater than the amount approved in
12 the plan.
13 (2) If sufficient funds are available in the
14 Underground Storage Tank Fund, the Agency shall, within
15 60 days, forward to the Office of the State Comptroller a
16 voucher in the amount approved under the payment
17 application.
18 (3) In the case of insufficient funds, the Agency
19 shall form a priority list for payment and shall notify
20 persons in such priority list monthly of the availability
21 of funds and when payment shall be made. Payment shall
22 be made to the owner or operator at such time as
23 sufficient funds become available for the costs
24 associated with site investigation and corrective action
25 and costs expended for activities performed where no
26 proposal is required, if applicable. Such priority list
27 shall be available to any owner or operator upon request.
28 Priority for payment shall be determined by the date the
29 Agency receives a complete request for partial or final
30 payment. Upon receipt of notification from the Agency
31 that the requirements of this Title have been met, the
32 Comptroller shall make payment to the owner or operator
33 of the amount approved by the Agency, if sufficient money
34 exists in the Fund. If there is insufficient money in
-368- LRB093 05878 EFG 05971 b
1 the Fund, then payment shall not be made. If the owner
2 or operator appeals a final Agency payment determination
3 and it is determined that the owner or operator is
4 eligible for payment or additional payment, the priority
5 date for the payment or additional payment shall be the
6 same as the priority date assigned to the original
7 request for partial or final payment.
8 (4) Any deductible, as determined pursuant to the
9 Office of the State Fire Marshal's eligibility and
10 deductibility final determination in accordance with
11 Section 57.9, shall be subtracted from any payment
12 invoice paid to an eligible owner or operator. Only one
13 deductible shall apply per underground storage tank site.
14 (5) In the event that costs are or will be incurred
15 in addition to those approved by the Agency, or after
16 payment, the owner or operator may submit successive
17 plans containing amended budgets. The requirements of
18 Section 57.7 shall apply to any amended plans.
19 (6) For purposes of this Section, a complete
20 application shall consist of:
21 (A) A certification from a Licensed
22 Professional Engineer or Licensed Professional
23 Geologist as required under this Title and
24 acknowledged by the owner or operator.
25 (B) A statement of the amounts approved in the
26 budget and the amounts actually sought for payment
27 along with a certified statement by the owner or
28 operator that the amounts so sought were expended in
29 conformance with the approved budget.
30 (C) A copy of the Office of the State Fire
31 Marshal's eligibility and deductibility
32 determination.
33 (D) Proof that approval of the payment
34 requested will not result in the limitations set
-369- LRB093 05878 EFG 05971 b
1 forth in subsection (g) of this Section being
2 exceeded.
3 (E) A federal taxpayer identification number
4 and legal status disclosure certification on a form
5 prescribed and provided by the Agency.
6 (b) Commencement of site investigation or corrective
7 action upon availability of funds. The Board shall adopt
8 regulations setting forth procedures based on risk to human
9 health or the environment under which the owner or operator
10 who has received approval for any budget plan submitted
11 pursuant to Section 57.7, and who is eligible for payment
12 from the Underground Storage Tank Fund pursuant to an Office
13 of the State Fire Marshal eligibility and deductibility
14 determination, may elect to defer site investigation or
15 corrective action activities until funds are available in an
16 amount equal to the amount approved in the budget. The
17 regulations shall establish criteria based on risk to human
18 health or the environment to be used for determining on a
19 site-by-site basis whether deferral is appropriate. The
20 regulations also shall establish the minimum investigatory
21 requirements for determining whether the risk based criteria
22 are present at a site considering deferral and procedures for
23 the notification of owners or operators of insufficient
24 funds, Agency review of request for deferral, notification of
25 Agency final decisions, returning deferred sites to active
26 status, and earmarking of funds for payment.
27 (c) When the owner or operator requests indemnification
28 for payment of costs incurred as a result of a release of
29 petroleum from an underground storage tank, if the owner or
30 operator has satisfied the requirements of subsection (a) of
31 this Section, the Agency shall forward a copy of the request
32 to the Attorney General. The Attorney General shall review
33 and approve the request for indemnification if:
34 (1) there is a legally enforceable judgment entered
-370- LRB093 05878 EFG 05971 b
1 against the owner or operator and such judgment was
2 entered due to harm caused by a release of petroleum from
3 an underground storage tank and such judgment was not
4 entered as a result of fraud; or
5 (2) a settlement with a third party due to a
6 release of petroleum from an underground storage tank is
7 reasonable.
8 (d) Notwithstanding any other provision of this Title,
9 the Agency shall not approve payment to an owner or operator
10 from the Fund for costs of corrective action or
11 indemnification incurred during a calendar year in excess of
12 the following aggregate amounts based on the number of
13 petroleum underground storage tanks owned or operated by such
14 owner or operator in Illinois.
15 Amount Number of Tanks
16 $2,000,000............................fewer than 101
17 $3,000,000...............................101 or more
18 (1) Costs incurred in excess of the aggregate
19 amounts set forth in paragraph (1) of this subsection
20 shall not be eligible for payment in subsequent years.
21 (2) For purposes of this subsection, requests
22 submitted by any of the agencies, departments, boards,
23 committees or commissions of the State of Illinois shall
24 be acted upon as claims from a single owner or operator.
25 (3) For purposes of this subsection, owner or
26 operator includes (i) any subsidiary, parent, or joint
27 stock company of the owner or operator and (ii) any
28 company owned by any parent, subsidiary, or joint stock
29 company of the owner or operator.
30 (e) Costs of corrective action or indemnification
31 incurred by an owner or operator which have been paid to an
32 owner or operator under a policy of insurance, another
33 written agreement, or a court order are not eligible for
34 payment under this Section. An owner or operator who
-371- LRB093 05878 EFG 05971 b
1 receives payment under a policy of insurance, another written
2 agreement, or a court order shall reimburse the State to the
3 extent such payment covers costs for which payment was
4 received from the Fund. Any monies received by the State
5 under this subsection (e) shall be deposited into the Fund.
6 (f) (Blank.)
7 (g) The Agency shall not approve any payment from the
8 Fund to pay an owner or operator:
9 (1) for costs of corrective action incurred by such
10 owner or operator in an amount in excess of $1,500,000
11 per occurrence; and
12 (2) for costs of indemnification of such owner or
13 operator in an amount in excess of $1,500,000 per
14 occurrence.
15 (h) Payment of any amount from the Fund for corrective
16 action or indemnification shall be subject to the State
17 acquiring by subrogation the rights of any owner, operator,
18 or other person to recover the costs of corrective action or
19 indemnification for which the Fund has compensated such
20 owner, operator, or person from the person responsible or
21 liable for the release.
22 (i) If the Agency refuses to pay or authorizes only a
23 partial payment, the affected owner or operator may petition
24 the Board for a hearing in the manner provided for the review
25 of permit decisions in Section 40 of this Act.
26 (j) Costs of corrective action or indemnification
27 incurred by an owner or operator prior to July 28, 1989,
28 shall not be eligible for payment or reimbursement under this
29 Section.
30 (k) The Agency shall not pay costs of corrective action
31 or indemnification incurred before providing notification of
32 the release of petroleum in accordance with the provisions of
33 this Title.
34 (l) Corrective action does not include legal defense
-372- LRB093 05878 EFG 05971 b
1 costs. Legal defense costs include legal costs for seeking
2 payment under this Title unless the owner or operator
3 prevails before the Board in which case the Board may
4 authorize payment of legal fees.
5 (m) The Agency may apportion payment of costs for plans
6 submitted under Section 57.7 if:
7 (1) the owner or operator was deemed eligible to
8 access the Fund for payment of corrective action costs
9 for some, but not all, of the underground storage tanks
10 at the site; and
11 (2) the owner or operator failed to justify all
12 costs attributable to each underground storage tank at
13 the site.
14 (n) The Agency shall not pay costs associated with a
15 corrective action plan incurred after the Agency provides
16 notification to the owner or operator pursuant to item (7) of
17 subsection (b) of Section 57.7 that a revised corrective
18 action plan is required. Costs associated with any
19 subsequently approved corrective action plan shall be
20 eligible for reimbursement if they meet the requirements of
21 this Title.
22 (Source: P.A. 91-357, eff. 7-29-99; 92-554, eff. 6-24-02;
23 92-574, eff. 6-26-02; 92-735, eff. 7-25-02; revised 10-3-02.)
24 (415 ILCS 5/57.10)
25 Sec. 57.10. Professional Engineer or Professional
26 Geologist certification; presumptions against liability.
27 (a) Within 120 days of the Agency's receipt of a
28 corrective action completion report, the Agency shall issue
29 to the owner or operator a "no further remediation letter"
30 unless the Agency has requested a modification, issued a
31 rejection under subsection (d) of this Section, or the report
32 has been rejected by operation of law.
33 (b) By certifying such a statement, a Licensed
-373- LRB093 05878 EFG 05971 b
1 Professional Engineer or Licensed Professional Geologist
2 shall in no way be liable thereon, unless the engineer or
3 geologist gave such certification despite his or her actual
4 knowledge that the performed measures were not in compliance
5 with applicable statutory or regulatory requirements or any
6 plan submitted to the Agency.
7 (c) The Agency's issuance of a no further remediation
8 letter shall signify, based on the certification of the
9 Licensed Professional Engineer, that:
10 (1) all statutory and regulatory corrective
11 action requirements applicable to the occurrence have
12 been complied with;
13 (2) all corrective action concerning the
14 remediation of the occurrence has been completed; and
15 (3) no further corrective action concerning the
16 occurrence is necessary for the protection of human
17 health, safety and the environment.
18 (d) The no further remediation letter issued under this
19 Section shall apply in favor of the following parties:
20 (1) The owner or operator to whom the letter was
21 issued.
22 (2) Any parent corporation or subsidiary of such
23 owner or operator.
24 (3) Any co-owner or co-operator, either by joint
25 tenancy, right-of-survivorship, or any other party
26 sharing a legal relationship with the owner or operator
27 to whom the letter is issued.
28 (4) Any holder of a beneficial interest of a land
29 trust or inter vivos trust whether revocable or
30 irrevocable.
31 (5) Any mortgagee or trustee of a deed of trust of
32 such owner or operator.
33 (6) Any successor-in-interest of such owner or
34 operator.
-374- LRB093 05878 EFG 05971 b
1 (7) Any transferee of such owner or operator
2 whether the transfer was by sale, bankruptcy proceeding,
3 partition, dissolution of marriage, settlement or
4 adjudication of any civil action, charitable gift, or
5 bequest.
6 (8) Any heir or devisee or such owner or operator.
7 (e) If the Agency notifies the owner or operator that
8 the "no further remediation" letter has been rejected, the
9 grounds for such rejection shall be described in the notice.
10 Such a decision shall be a final determination which may be
11 appealed by the owner or operator.
12 (f) The Board shall adopt rules setting forth the
13 criteria under which the Agency may require an owner or
14 operator to conduct further investigation or remediation
15 related to a release for which a no further remediation
16 letter has been issued.
17 (g) Holders of security interests in sites subject to
18 the requirements of this Title XVI shall be entitled to the
19 same protections and subject to the same responsibilities
20 provided under general regulations promulgated under Subtitle
21 I of the Hazardous and Solid Waste Amendments of 1984 (P.L.
22 98-616) of the Resource Conservation and Recovery Act of 1976
23 (P.L. 94-580).
24 (Source: P.A. 92-554, eff. 6-24-02; 92-735, eff. 7-25-02;
25 revised 9-9-02.)
26 (415 ILCS 5/57.13)
27 Sec. 57.13. Underground Storage Tank Program; transition.
28 (a) If a release is reported to the proper State
29 authority on or after June 24 September 13, 2002, the owner
30 or operator shall comply with the requirements of this Title.
31 (b) If a release is reported to the proper State
32 authority prior to June 24 September 13, 2002, the owner or
33 operator of an underground storage tank may elect to proceed
-375- LRB093 05878 EFG 05971 b
1 in accordance with the requirements of this Title by
2 submitting a written statement to the Agency of such
3 election. If the owner or operator elects to proceed under
4 the requirements of this Title all costs incurred in
5 connection with the incident prior to notification shall be
6 reimbursable in the same manner as was allowable under the
7 then existing law. Completion of corrective action shall then
8 follow the provisions of this Title.
9 (Source: P.A. 92-554, eff. 6-24-02; 92-574, eff. 6-26-02;
10 revised 9-9-02.)
11 (415 ILCS 5/58.7)
12 Sec. 58.7. Review and approvals.
13 (a) Requirements. All plans and reports that are
14 submitted pursuant to this Title shall be submitted for
15 review or approval in accordance with this Section.
16 (b) Review and evaluation by the Agency.
17 (1) Except for sites excluded under subdivision (a)
18 (2) of Section 58.1, the Agency shall, subject to
19 available resources, agree to provide review and
20 evaluation services for activities carried out pursuant
21 to this Title for which the RA requested the services in
22 writing. As a condition for providing such services, the
23 Agency may require that the RA for a site:
24 (A) Conform with the procedures of this Title;
25 (B) Allow for or otherwise arrange site visits
26 or other site evaluation by the Agency when so
27 requested;
28 (C) Agree to perform the Remedial Action Plan
29 as approved under this Title;
30 (D) Agree to pay any reasonable costs incurred
31 and documented by the Agency in providing such
32 services;
33 (E) Make an advance partial payment to the
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1 Agency for such anticipated services in an amount,
2 acceptable to the Agency, but not to exceed $5,000
3 or one-half of the total anticipated costs of the
4 Agency, whichever sum is less; and
5 (F) Demonstrate, if necessary, authority to
6 act on behalf of or in lieu of the owner or
7 operator.
8 (2) Any moneys received by the State for costs
9 incurred by the Agency in performing review or evaluation
10 services for actions conducted pursuant to this Title
11 shall be deposited in the Hazardous Waste Fund.
12 (3) An RA requesting services under subdivision (b)
13 (1) of this Section may, at any time, notify the Agency,
14 in writing, that Agency services previously requested are
15 no longer wanted. Within 180 days after receipt of the
16 notice, the Agency shall provide the RA with a final
17 invoice for services provided until the date of such
18 notifications.
19 (4) The Agency may invoice or otherwise request or
20 demand payment from a RA for costs incurred by the Agency
21 in performing review or evaluation services for actions
22 by the RA at sites only if:
23 (A) The Agency has incurred costs in
24 performing response actions, other than review or
25 evaluation services, due to the failure of the RA to
26 take response action in accordance with a notice
27 issued pursuant to this Act;
28 (B) The RA has agreed in writing to the
29 payment of such costs;
30 (C) The RA has been ordered to pay such costs
31 by the Board or a court of competent jurisdiction
32 pursuant to this Act; or
33 (D) The RA has requested or has consented to
34 Agency review or evaluation services under
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1 subdivision (b) (1) of this Section.
2 (5) The Agency may, subject to available resources,
3 agree to provide review and evaluation services for
4 response actions if there is a written agreement among
5 parties to a legal action or if a notice to perform a
6 response action has been issued by the Agency.
7 (c) Review and evaluation by a Licensed Professional
8 Engineer or Licensed Professional Geologist. A RA may elect
9 to contract with a Licensed Professional Engineer or, in the
10 case of a site investigation report only, a Licensed
11 Professional Geologist, who will perform review and
12 evaluation services on behalf of and under the direction of
13 the Agency relative to the site activities.
14 (1) Prior to entering into the contract with the
15 RELPEG, the RA shall notify the Agency of the RELPEG to
16 be selected. The Agency and the RA shall discuss the
17 potential terms of the contract.
18 (2) At a minimum, the contract with the RELPEG
19 shall provide that the RELPEG will submit any reports
20 directly to the Agency, will take his or her directions
21 for work assignments from the Agency, and will perform
22 the assigned work on behalf of the Agency.
23 (3) Reasonable costs incurred by the Agency shall
24 be paid by the RA directly to the Agency in accordance
25 with the terms of the review and evaluation services
26 agreement entered into under subdivision (b) (1) of
27 Section 58.7.
28 (4) In no event shall the RELPEG acting on behalf
29 of the Agency be an employee of the RA or the owner or
30 operator of the site or be an employee of any other
31 person the RA has contracted to provide services relative
32 to the site.
33 (d) Review and approval. All reviews required under
34 this Title shall be carried out by the Agency or a RELPEG,
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1 both under the direction of a Licensed Professional Engineer
2 or, in the case of the review of a site investigation only, a
3 Licensed Professional Geologist.
4 (1) All review activities conducted by the Agency
5 or a RELPEG shall be carried out in conformance with this
6 Title and rules promulgated under Section 58.11.
7 (2) Subject to the limitations in subsection (c)
8 and this subsection (d), the specific plans, reports, and
9 activities that the Agency or a RELPEG may review
10 include:
11 (A) Site Investigation Reports and related
12 activities;
13 (B) Remediation Objectives Reports;
14 (C) Remedial Action Plans and related
15 activities; and
16 (D) Remedial Action Completion Reports and
17 related activities.
18 (3) Only the Agency shall have the authority to
19 approve, disapprove, or approve with conditions a plan
20 or report as a result of the review process including
21 those plans and reports reviewed by a RELPEG. If the
22 Agency disapproves a plan or report or approves a plan or
23 report with conditions, the written notification required
24 by subdivision (d) (4) of this Section shall contain the
25 following information, as applicable:
26 (A) An explanation of the Sections of this
27 Title that may be violated if the plan or report was
28 approved;
29 (B) An explanation of the provisions of the
30 rules promulgated under this Title that may be
31 violated if the plan or report was approved;
32 (C) An explanation of the specific type of
33 information, if any, that the Agency deems the
34 applicant did not provide the Agency;
-379- LRB093 05878 EFG 05971 b
1 (D) A statement of specific reasons why the
2 Title and regulations might not be met if the plan
3 or report were approved; and
4 (E) An explanation of the reasons for
5 conditions if conditions are required.
6 (4) Upon approving, disapproving, or approving with
7 conditions a plan or report, the Agency shall notify the
8 RA in writing of its decision. In the case of approval
9 or approval with conditions of a Remedial Action
10 Completion Report, the Agency shall prepare a No Further
11 Remediation Letter that meets the requirements of Section
12 58.10 and send a copy of the letter to the RA.
13 (5) All reviews undertaken by the Agency or a
14 RELPEG shall be completed and the decisions communicated
15 to the RA within 60 days of the request for review or
16 approval. The RA may waive the deadline upon a request
17 from the Agency. If the Agency disapproves or approves
18 with conditions a plan or report or fails to issue a
19 final decision within the 60 day period and the RA has
20 not agreed to a waiver of the deadline, the RA may,
21 within 35 days, file an appeal to the Board. Appeals to
22 the Board shall be in the manner provided for the review
23 of permit decisions in Section 40 of this Act.
24 (e) Standard of review. In making determinations, the
25 following factors, and additional factors as may be adopted
26 by the Board in accordance with Section 58.11, shall be
27 considered by the Agency when reviewing or approving plans,
28 reports, and related activities, or the RELPEG, when
29 reviewing plans, reports, and related activities:
30 (1) Site Investigation Reports and related
31 activities: Whether investigations have been conducted
32 and the results compiled in accordance with the
33 appropriate procedures and whether the interpretations
34 and conclusions reached are supported by the information
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1 gathered. In making the determination, the following
2 factors shall be considered:
3 (A) The adequacy of the description of the
4 site and site characteristics that were used to
5 evaluate the site;
6 (B) The adequacy of the investigation of
7 potential pathways and risks to receptors identified
8 at the site; and
9 (C) The appropriateness of the sampling and
10 analysis used.
11 (2) Remediation Objectives Reports: Whether the
12 remediation objectives are consistent with the
13 requirements of the applicable method for selecting or
14 determining remediation objectives under Section 58.5.
15 In making the determination, the following factors shall
16 be considered:
17 (A) If the objectives were based on the
18 determination of area background levels under
19 subsection (b) of Section 58.5, whether the review
20 of current and historic conditions at or in the
21 immediate vicinity of the site has been thorough and
22 whether the site sampling and analysis has been
23 performed in a manner resulting in accurate
24 determinations;
25 (B) If the objectives were calculated on the
26 basis of predetermined equations using site specific
27 data, whether the calculations were accurately
28 performed and whether the site specific data reflect
29 actual site conditions; and
30 (C) If the objectives were determined using a
31 site specific risk assessment procedure, whether the
32 procedure used is nationally recognized and
33 accepted, whether the calculations were accurately
34 performed, and whether the site specific data
-381- LRB093 05878 EFG 05971 b
1 reflect actual site conditions.
2 (3) Remedial Action Plans and related activities:
3 Whether the plan will result in compliance with this
4 Title, and rules adopted under it and attainment of the
5 applicable remediation objectives. In making the
6 determination, the following factors shall be considered:
7 (A) The likelihood that the plan will result
8 in the attainment of the applicable remediation
9 objectives;
10 (B) Whether the activities proposed are
11 consistent with generally accepted engineering
12 practices; and
13 (C) The management of risk relative to any
14 remaining contamination, including but not limited
15 to, provisions for the long-term enforcement,
16 operation, and maintenance of institutional and
17 engineering controls, if relied on.
18 (4) Remedial Action Completion Reports and related
19 activities: Whether the remedial activities have been
20 completed in accordance with the approved Remedial Action
21 Plan and whether the applicable remediation objectives
22 have been attained.
23 (f) All plans and reports submitted for review shall
24 include a Licensed Professional Engineer's certification that
25 all investigations and remedial activities were carried out
26 under his or her direction and, to the best of his or her
27 knowledge and belief, the work described in the plan or
28 report has been completed in accordance with generally
29 accepted engineering practices, and the information presented
30 is accurate and complete. In the case of a site investigation
31 report prepared or supervised by a Licensed Professional
32 Geologist, the required certification may be made by the
33 Licensed Professional Geologist (rather than a Licensed
34 Professional Engineer) and based upon generally accepted
-382- LRB093 05878 EFG 05971 b
1 principles of professional geology.
2 (g) In accordance with Section 58.11, the Agency shall
3 propose and the Board shall adopt rules to carry out the
4 purposes of this Section. At a minimum, the rules shall
5 detail the types of services the Agency may provide in
6 response to requests under subdivision (b) (1) of this
7 Section and the recordkeeping it will utilize in documenting
8 to the RA the costs incurred by the Agency in providing such
9 services.
10 (h) Public participation.
11 (1) The Agency shall develop guidance to assist
12 RA's in the implementation of a community relations plan
13 to address activity at sites undergoing remedial action
14 pursuant to this Title.
15 (2) The RA may elect to enter into a services
16 agreement with the Agency for Agency assistance in
17 community outreach efforts.
18 (3) The Agency shall maintain a registry listing
19 those sites undergoing remedial action pursuant to this
20 Title.
21 (4) Notwithstanding any provisions of this Section,
22 the RA of a site undergoing remedial activity pursuant to
23 this Title may elect to initiate a community outreach
24 effort for the site.
25 (Source: P.A. 92-574, eff. 6-26-02; 92-735, eff. 7-25-02;
26 revised 9-9-02.)
27 Section 45. The Firearm Owners Identification Card Act
28 is amended by changing Section 4 as follows:
29 (430 ILCS 65/4) (from Ch. 38, par. 83-4)
30 Sec. 4. (a) Each applicant for a Firearm Owner's
31 Identification Card must:
32 (1) Make application on blank forms prepared and
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1 furnished at convenient locations throughout the State by
2 the Department of State Police, or by electronic means,
3 if and when made available by the Department of State
4 Police; and
5 (2) Submit evidence to the Department of State
6 Police that:
7 (i) He or she is 21 years of age or over, or
8 if he or she is under 21 years of age that he or she
9 has the written consent of his or her parent or
10 legal guardian to possess and acquire firearms and
11 firearm ammunition and that he or she has never been
12 convicted of a misdemeanor other than a traffic
13 offense or adjudged delinquent, provided, however,
14 that such parent or legal guardian is not an
15 individual prohibited from having a Firearm Owner's
16 Identification Card and files an affidavit with the
17 Department as prescribed by the Department stating
18 that he or she is not an individual prohibited from
19 having a Card;
20 (ii) He or she has not been convicted of a
21 felony under the laws of this or any other
22 jurisdiction;
23 (iii) He or she is not addicted to narcotics;
24 (iv) He or she has not been a patient in a
25 mental institution within the past 5 years;
26 (v) He or she is not mentally retarded;
27 (vi) He or she is not an alien who is
28 unlawfully present in the United States under the
29 laws of the United States;
30 (vii) He or she is not subject to an existing
31 order of protection prohibiting him or her from
32 possessing a firearm;
33 (viii) He or she has not been convicted within
34 the past 5 years of battery, assault, aggravated
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1 assault, violation of an order of protection, or a
2 substantially similar offense in another
3 jurisdiction, in which a firearm was used or
4 possessed;
5 (ix) He or she has not been convicted of
6 domestic battery or a substantially similar offense
7 in another jurisdiction committed on or after the
8 effective date of this amendatory Act of 1997;
9 (x) He or she has not been convicted within
10 the past 5 years of domestic battery or a
11 substantially similar offense in another
12 jurisdiction committed before the effective date of
13 this amendatory Act of 1997; and
14 (xi) He or she is not an alien who has been
15 admitted to the United States under a non-immigrant
16 visa (as that term is defined in Section 101(a)(26)
17 of the Immigration and Nationality Act (8 U.S.C.
18 1101(a)(26))), or that he or she is an alien who has
19 been lawfully admitted to the United States under a
20 non-immigrant visa if that alien is:
21 (1) admitted to the United States for
22 lawful hunting or sporting purposes;
23 (2) an official representative of a
24 foreign government who is:
25 (A) accredited to the United States
26 Government or the Government's mission to
27 an international organization having its
28 headquarters in the United States; or
29 (B) en route to or from another
30 country to which that alien is accredited;
31 (3) an official of a foreign government
32 or distinguished foreign visitor who has been
33 so designated by the Department of State;
34 (4) a foreign law enforcement officer of
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1 a friendly foreign government entering the
2 United States on official business; or
3 (5) one who has received a waiver from
4 the Attorney General of the United States
5 pursuant to 18 U.S.C. 922(y)(3); and
6 (3) Upon request by the Department of State Police,
7 sign a release on a form prescribed by the Department of
8 State Police waiving any right to confidentiality and
9 requesting the disclosure to the Department of State
10 Police of limited mental health institution admission
11 information from another state, the District of Columbia,
12 any other territory of the United States, or a foreign
13 nation concerning the applicant for the sole purpose of
14 determining whether the applicant is or was a patient in
15 a mental health institution and disqualified because of
16 that status from receiving a Firearm Owner's
17 Identification Card. No mental health care or treatment
18 records may be requested. The information received shall
19 be destroyed within one year of receipt.
20 (a-5) Each applicant for a Firearm Owner's
21 Identification Card who is over the age of 18 shall furnish
22 to the Department of State Police either his or her driver's
23 license number or Illinois Identification Card number.
24 (a-10) Each applicant for a Firearm Owner's
25 Identification Card, who is employed as an armed security
26 officer at a nuclear energy, storage, weapons, or development
27 facility regulated by the Nuclear Regulatory Commission and
28 who is not an Illinois resident, shall furnish to the
29 Department of State Police his or her driver's license number
30 or state identification card number from his or her state of
31 residence. The Department of State Police may promulgate
32 rules to enforce the provisions of this subsection (a-10).
33 (b) Each application form shall include the following
34 statement printed in bold type: "Warning: Entering false
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1 information on an application for a Firearm Owner's
2 Identification Card is punishable as a Class 2 felony in
3 accordance with subsection (d-5) of Section 14 of the Firearm
4 Owners Identification Card Act.".
5 (c) Upon such written consent, pursuant to Section 4,
6 paragraph (a)(2)(i), the parent or legal guardian giving the
7 consent shall be liable for any damages resulting from the
8 applicant's use of firearms or firearm ammunition.
9 (Source: P.A. 91-514, eff. 1-1-00; 91-694, eff. 4-13-00;
10 92-442, eff. 8-17-01; 92-839, eff. 8-22-02; 92-854, eff.
11 12-5-02; revised 12-30-02.)
12 Section 46. The Humane Care for Animals Act is amended
13 by changing Sections 4.01, 4.04, and 16 as follows:
14 (510 ILCS 70/4.01) (from Ch. 8, par. 704.01)
15 Sec. 4.01. Animals in entertainment. This Section does
16 not apply when the only animals involved are dogs. (Section
17 26-5 of the Criminal Code of 1961, rather than this Section,
18 applies when the only animals involved are dogs.)
19 (a) No person may own, capture, breed, train, or lease
20 any animal which he or she knows or should know is intended
21 for use in any show, exhibition, program, or other activity
22 featuring or otherwise involving a fight between such animal
23 and any other animal or human, or the intentional killing of
24 any animal for the purpose of sport, wagering, or
25 entertainment.
26 (b) No person shall promote, conduct, carry on,
27 advertise, collect money for or in any other manner assist or
28 aid in the presentation for purposes of sport, wagering, or
29 entertainment, any show, exhibition, program, or other
30 activity involving a fight between 2 or more animals or any
31 animal and human, or the intentional killing of any animal.
32 (c) No person shall sell or offer for sale, ship,
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1 transport, or otherwise move, or deliver or receive any
2 animal which he or she knows or should know has been
3 captured, bred, or trained, or will be used, to fight another
4 animal or human or be intentionally killed, for the purpose
5 of sport, wagering, or entertainment.
6 (d) No person shall manufacture for sale, shipment,
7 transportation or delivery any device or equipment which that
8 person knows or should know is intended for use in any show,
9 exhibition, program, or other activity featuring or otherwise
10 involving a fight between 2 or more animals, or any human and
11 animal, or the intentional killing of any animal for purposes
12 of sport, wagering or entertainment.
13 (e) No person shall own, possess, sell or offer for
14 sale, ship, transport, or otherwise move any equipment or
15 device which such person knows or should know is intended for
16 use in connection with any show, exhibition, program, or
17 activity featuring or otherwise involving a fight between 2
18 or more animals, or any animal and human, or the intentional
19 killing of any animal for purposes of sport, wagering or
20 entertainment.
21 (f) No person shall make available any site, structure,
22 or facility, whether enclosed or not, which he or she knows
23 or should know is intended to be used for the purpose of
24 conducting any show, exhibition, program, or other activity
25 involving a fight between 2 or more animals, or any animal
26 and human, or the intentional killing of any animal.
27 (g) No person shall attend or otherwise patronize any
28 show, exhibition, program, or other activity featuring or
29 otherwise involving a fight between 2 or more animals, or any
30 animal and human, or the intentional killing of any animal
31 for the purposes of sport, wagering or entertainment.
32 (h) (Blank).
33 (i) Any animals or equipment involved in a violation of
34 this Section shall be immediately seized and impounded under
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1 Section 12 by the Department when located at any show,
2 exhibition, program, or other activity featuring or otherwise
3 involving an animal fight for the purposes of sport,
4 wagering, or entertainment.
5 (j) Any vehicle or conveyance other than a common
6 carrier that is used in violation of this Section shall be
7 seized, held, and offered for sale at public auction by the
8 sheriff's department of the proper jurisdiction, and the
9 proceeds from the sale shall be remitted to the general fund
10 of the county where the violation took place.
11 (k) Any veterinarian in this State who is presented with
12 an animal for treatment of injuries or wounds resulting from
13 fighting where there is a reasonable possibility that the
14 animal was engaged in or utilized for a fighting event for
15 the purposes of sport, wagering, or entertainment shall file
16 a report with the Department and cooperate by furnishing the
17 owners' names, dates, and descriptions of the animal or
18 animals involved. Any veterinarian who in good faith
19 complies with the requirements of this subsection has
20 immunity from any liability, civil, criminal, or otherwise,
21 that may result from his or her actions. For the purposes of
22 any proceedings, civil or criminal, the good faith of the
23 veterinarian shall be rebuttably presumed.
24 (l) No person shall solicit a minor to violate this
25 Section.
26 (m) The penalties for violations of this Section shall
27 be as follows:
28 (1) A person convicted of violating subsection (a),
29 (b), or (c) of this Section or any rule, regulation, or
30 order of the Department pursuant thereto is guilty of a
31 Class A misdemeanor for the first offense. A second or
32 subsequent offense involving the violation of subsection
33 (a), (b), or (c) of this Section or any rule, regulation,
34 or order of the Department pursuant thereto is a Class 4
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1 felony.
2 (2) A person convicted of violating subsection (d),
3 (e), or (f) of this Section or any rule, regulation, or
4 order of the Department pursuant thereto is guilty of a
5 Class A misdemeanor for the first offense. A second or
6 subsequent violation is a Class 4 felony.
7 (3) A person convicted of violating subsection (g)
8 of this Section or any rule, regulation, or order of the
9 Department pursuant thereto is guilty of a Class C
10 misdemeanor.
11 (4) A person convicted of violating subsection (l)
12 of this Section is guilty of a Class A misdemeanor.
13 (Source: P.A. 92-425, eff. 1-1-02; 92-454, eff. 1-1-02;
14 92-650, eff. 7-11-02; 92-651, eff. 7-11-02; revised
15 11-21-02.)
16 (510 ILCS 70/4.04) (from Ch. 8, par. 704.04)
17 Sec. 4.04. Injuring or killing police animals, service
18 animals, or search and rescue dogs prohibited. It shall be
19 unlawful for any person to willfully or maliciously torture,
20 mutilate, injure, disable, poison, or kill (i) any animal
21 used by a law enforcement department or agency in the
22 performance of the functions or duties of the department or
23 agency or when placed in confinement off duty, (ii) any
24 service animal, (iii) any search and rescue dog, or (iv) any
25 law enforcement, service, or search and rescue animal in
26 training. However, a police officer or veterinarian may
27 perform euthanasia in emergency situations when delay would
28 cause the animal undue suffering and pain.
29 A person convicted of violating this Section is guilty of
30 a Class 4 felony A misdemeanor if the animal is not killed or
31 totally disabled; if the animal is killed or totally
32 disabled, the person is guilty of a Class 3 Class 4 felony.
33 (Source: P.A. 91-357, eff. 7-29-99; 92-454, eff. 1-1-02;
-390- LRB093 05878 EFG 05971 b
1 92-650, eff. 7-11-02; incorporates 92-723, eff. 1-1-03;
2 revised 10-3-02.)
3 (510 ILCS 70/16) (from Ch. 8, par. 716)
4 Sec. 16. Miscellaneous violations; injunctions;
5 forfeiture.
6 (a) (Blank).
7 (b) (Blank). 4 felony 3
8 (c) Any person convicted of any act of abuse or neglect
9 for which no other penalty is specified in this Act, or of
10 violating any other provision of this Act or any rule,
11 regulation, or order of the Department pursuant thereto for
12 which no other penalty is specified in this Act, is guilty of
13 a Class B misdemeanor for the first violation. A second or
14 subsequent violation is a Class 4 felony, with every day that
15 a violation continues constituting a separate offense.
16 (d) (Blank).
17 (e) (Blank).
18 (f) The Department may enjoin a person from a continuing
19 violation of this Act.
20 (g) (Blank).
21 (h) (Blank).
22 (i) In addition to any other penalty provided by law,
23 upon conviction for violating Section 3, 3.01, 3.02, or 3.03
24 the court may order the convicted person to forfeit to an
25 animal control or animal shelter the animal or animals that
26 are the basis of the conviction. Upon an order of
27 forfeiture, the convicted person is deemed to have
28 permanently relinquished all rights to the animal or animals
29 that are the basis of the conviction. The forfeited animal
30 or animals shall be adopted or humanely euthanized. In no
31 event may the convicted person or anyone residing in his or
32 her household be permitted to adopt the forfeited animal or
33 animals. The court, additionally, may order that the
-391- LRB093 05878 EFG 05971 b
1 convicted person and persons dwelling in the same household
2 as the convicted person who conspired, aided, or abetted in
3 the unlawful act that was the basis of the conviction, or who
4 knew or should have known of the unlawful act, may not own,
5 harbor, or have custody or control of any other animals for a
6 period of time that the court deems reasonable.
7 (Source: P.A. 91-291, eff. 1-1-00; 91-351, eff. 7-29-99;
8 91-357, eff. 7-29-99; 92-16, eff. 6-28-01; 92-425, eff.
9 1-1-02; 92-454, eff. 1-1-02; 92-650, eff. 7-11-02; 92-651,
10 eff. 7-11-02; 92-723, eff. 1-1-03; revised 10-3-02.)
11 Section 47. The Illinois Highway Code is amended by
12 changing Section 5-701.2 as follows;
13 (605 ILCS 5/5-701.2) (from Ch. 121, par. 5-701.2)
14 Sec. 5-701.2. Any county board, with the approval of the
15 Department, may also use motor fuel tax money allotted to it
16 for construction of State highways within the county.
17 (Source: Laws 1959, p. 196; revised 11-05-02.)
18 Section 48. The Illinois Vehicle Code is amended by
19 changing Sections 3-412, 3-413, 3-621, 3-622, 3-625, 3-803,
20 6-206, 6-500, 11-605, 11-1201, 12-215, and 18b-105 and by
21 setting forth and renumbering multiple versions of Sections
22 3-648, 3-653, and 3-654 as follows:
23 (625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
24 (Text of Section before amendment by P.A. 92-629)
25 Sec. 3-412. Registration plates and registration
26 stickers to be furnished by the Secretary of State.
27 (a) The Secretary of State upon registering a vehicle
28 subject to annual registration for the first time shall
29 issue or shall cause to be issued to the owner one
30 registration plate for a motorcycle, trailer, semitrailer,
-392- LRB093 05878 EFG 05971 b
1 motorized pedalcycle or truck-tractor, 2 registration plates
2 for other motor vehicles and, where applicable, current
3 registration stickers for motor vehicles of the first
4 division. The provisions of this Section may be made
5 applicable to such vehicles of the second division, as the
6 Secretary of State may, from time to time, in his discretion
7 designate. On subsequent annual registrations during the
8 term of the registration plate as provided in Section
9 3-414.1, the Secretary shall issue or cause to be issued
10 registration stickers as evidence of current registration.
11 However, the issuance of annual registration stickers to
12 vehicles registered under the provisions of Section 3-402.1
13 of this Code may not be required if the Secretary deems the
14 issuance unnecessary.
15 (b) Every registration plate shall have displayed upon
16 it the registration number assigned to the vehicle for which
17 it is issued, the name of this State, which may be
18 abbreviated, the year number for which it was issued, which
19 may be abbreviated, the phrase "Land of Lincoln" (except as
20 otherwise provided in this Chapter 3), and such other letters
21 or numbers as the Secretary may prescribe. However, for
22 apportionment plates issued to vehicles registered under
23 Section 3-402.1, the phrase "Land of Lincoln" may be omitted
24 to allow for the word "apportioned" to be displayed. The
25 Secretary may in his discretion prescribe that letters be
26 used as prefixes only on registration plates issued to
27 vehicles of the first division which are registered under
28 this Code and only as suffixes on registration plates issued
29 to other vehicles. Every registration sticker issued as
30 evidence of current registration shall designate the year
31 number for which it is issued and such other letters or
32 numbers as the Secretary may prescribe and shall be of a
33 contrasting color with the registration plates and
34 registration stickers of the previous year.
-393- LRB093 05878 EFG 05971 b
1 (c) Each registration plate and the required letters and
2 numerals thereon, except the year number for which issued,
3 shall be of sufficient size to be plainly readable from a
4 distance of 100 feet during daylight, and shall be coated
5 with reflectorizing material. The dimensions of the plate
6 issued to vehicles of the first division shall be 6 by 12
7 inches.
8 (d) The Secretary of State shall issue for every
9 passenger motor vehicle rented without a driver the same type
10 of registration plates as the type of plates issued for a
11 private passenger vehicle.
12 (e) The Secretary of State shall issue for every
13 passenger car used as a taxicab or livery, distinctive
14 registration plates.
15 (f) The Secretary of State shall issue for every
16 motorcycle distinctive registration plates distinguishing
17 between motorcycles having 150 or more cubic centimeters
18 piston displacement, or having less than 150 cubic centimeter
19 piston displacement.
20 (g) Registration plates issued to vehicles for-hire may
21 display a designation as determined by the Secretary that
22 such vehicles are for-hire.
23 (h) The Secretary of State shall issue for each electric
24 vehicle distinctive registration plates which shall
25 distinguish between electric vehicles having a maximum
26 operating speed of 45 miles per hour or more and those having
27 a maximum operating speed of less than 45 miles per hour.
28 (i) The Secretary of State shall issue for every public
29 and private ambulance registration plates identifying the
30 vehicle as an ambulance. The Secretary shall forward to the
31 Department of Public Aid registration information for the
32 purpose of verification of claims filed with the Department
33 by ambulance owners for payment for services to public
34 assistance recipients.
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1 (j) The Secretary of State shall issue for every public
2 and private medical carrier or rescue vehicle livery
3 registration plates displaying numbers within ranges of
4 numbers reserved respectively for medical carriers and rescue
5 vehicles. The Secretary shall forward to the Department of
6 Public Aid registration information for the purpose of
7 verification of claims filed with the Department by owners of
8 medical carriers or rescue vehicles for payment for services
9 to public assistance recipients.
10 (Source: P.A. 92-651, eff. 7-11-02.)
11 (Text of Section after amendment by P.A. 92-629)
12 Sec. 3-412. Registration plates and registration
13 stickers to be furnished by the Secretary of State.
14 (a) The Secretary of State upon registering a vehicle
15 subject to annual registration for the first time shall
16 issue or shall cause to be issued to the owner one
17 registration plate for a motorcycle, trailer, semitrailer,
18 motorized pedalcycle or truck-tractor, 2 registration plates
19 for other motor vehicles and, where applicable, current
20 registration stickers for motor vehicles of the first
21 division. The provisions of this Section may be made
22 applicable to such vehicles of the second division, as the
23 Secretary of State may, from time to time, in his discretion
24 designate. On subsequent annual registrations during the
25 term of the registration plate as provided in Section
26 3-414.1, the Secretary shall issue or cause to be issued
27 registration stickers as evidence of current registration.
28 However, the issuance of annual registration stickers to
29 vehicles registered under the provisions of Sections 3-402.1
30 and 3-405.3 of this Code may not be required if the Secretary
31 deems the issuance unnecessary.
32 (b) Every registration plate shall have displayed upon
33 it the registration number assigned to the vehicle for which
34 it is issued, the name of this State, which may be
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1 abbreviated, the year number for which it was issued, which
2 may be abbreviated, the phrase "Land of Lincoln" (except as
3 otherwise provided in this Code Chapter 3), and such other
4 letters or numbers as the Secretary may prescribe. However,
5 for apportionment plates issued to vehicles registered under
6 Section 3-402.1 and fleet plates issued to vehicles
7 registered under Section 3-405.3, the phrase "Land of
8 Lincoln" may be omitted to allow for the word "apportioned",
9 the word "fleet", or other similar language to be displayed.
10 Registration plates issued to a vehicle registered as a fleet
11 vehicle may display a designation determined by the
12 Secretary.
13 The Secretary may in his discretion prescribe that
14 letters be used as prefixes only on registration plates
15 issued to vehicles of the first division which are registered
16 under this Code and only as suffixes on registration plates
17 issued to other vehicles. Every registration sticker issued
18 as evidence of current registration shall designate the year
19 number for which it is issued and such other letters or
20 numbers as the Secretary may prescribe and shall be of a
21 contrasting color with the registration plates and
22 registration stickers of the previous year.
23 (c) Each registration plate and the required letters and
24 numerals thereon, except the year number for which issued,
25 shall be of sufficient size to be plainly readable from a
26 distance of 100 feet during daylight, and shall be coated
27 with reflectorizing material. The dimensions of the plate
28 issued to vehicles of the first division shall be 6 by 12
29 inches.
30 (d) The Secretary of State shall issue for every
31 passenger motor vehicle rented without a driver the same type
32 of registration plates as the type of plates issued for a
33 private passenger vehicle.
34 (e) The Secretary of State shall issue for every
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1 passenger car used as a taxicab or livery, distinctive
2 registration plates.
3 (f) The Secretary of State shall issue for every
4 motorcycle distinctive registration plates distinguishing
5 between motorcycles having 150 or more cubic centimeters
6 piston displacement, or having less than 150 cubic centimeter
7 piston displacement.
8 (g) Registration plates issued to vehicles for-hire may
9 display a designation as determined by the Secretary that
10 such vehicles are for-hire.
11 (h) The Secretary of State shall issue for each electric
12 vehicle distinctive registration plates which shall
13 distinguish between electric vehicles having a maximum
14 operating speed of 45 miles per hour or more and those having
15 a maximum operating speed of less than 45 miles per hour.
16 (i) The Secretary of State shall issue for every public
17 and private ambulance registration plates identifying the
18 vehicle as an ambulance. The Secretary shall forward to the
19 Department of Public Aid registration information for the
20 purpose of verification of claims filed with the Department
21 by ambulance owners for payment for services to public
22 assistance recipients.
23 (j) The Secretary of State shall issue for every public
24 and private medical carrier or rescue vehicle livery
25 registration plates displaying numbers within ranges of
26 numbers reserved respectively for medical carriers and rescue
27 vehicles. The Secretary shall forward to the Department of
28 Public Aid registration information for the purpose of
29 verification of claims filed with the Department by owners of
30 medical carriers or rescue vehicles for payment for services
31 to public assistance recipients.
32 (Source: P.A. 92-629, eff. 7-1-03; 92-651, eff. 7-11-02;
33 revised 8-14-02.)
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1 (625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413)
2 Sec. 3-413. Display of registration plates, registration
3 stickers and drive-away permits.
4 (a) Registration plates issued for a motor vehicle other
5 than a motorcycle, trailer, semitrailer, truck-tractor,
6 apportioned bus, or apportioned truck shall be attached
7 thereto, one in the front and one in the rear. The
8 registration plate issued for a motorcycle, trailer or
9 semitrailer required to be registered hereunder and any
10 apportionment plate issued to a bus under the provisions of
11 this Code shall be attached to the rear thereof. The
12 registration plate issued for a truck-tractor or an
13 apportioned truck required to be registered hereunder shall
14 be attached to the front thereof.
15 (b) Every registration plate shall at all times be
16 securely fastened in a horizontal position to the vehicle for
17 which it is issued so as to prevent the plate from swinging
18 and at a height of not less than 5 inches from the ground,
19 measuring from the bottom of such plate, in a place and
20 position to be clearly visible and shall be maintained in a
21 condition to be clearly legible, free from any materials that
22 would obstruct the visibility of the plate, including, but
23 not limited to, glass covers and tinted plastic covers.
24 Clear plastic covers are permissible as long as they remain
25 clear and do not obstruct the visibility of the plates.
26 Registration stickers issued as evidence of renewed annual
27 registration shall be attached to registration plates as
28 required by the Secretary of State, and be clearly visible at
29 all times.
30 (c) Every drive-away permit issued pursuant to this Code
31 shall be firmly attached to the motor vehicle in the manner
32 prescribed by the Secretary of State. If a drive-away permit
33 is affixed to a motor vehicle in any other manner the permit
34 shall be void and of no effect.
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1 (d) The Illinois prorate decal issued to a foreign
2 registered vehicle part of a fleet prorated or apportioned
3 with Illinois, shall be displayed on a registration plate and
4 displayed on the front of such vehicle in the same manner as
5 an Illinois registration plate.
6 (e) The registration plate issued for a camper body
7 mounted on a truck displaying registration plates shall be
8 attached to the rear of the camper body.
9 (f) No person shall operate a vehicle, nor permit the
10 operation of a vehicle, upon which is displayed an Illinois
11 registration plate, plates or registration stickers after the
12 termination of the registration period for which issued or
13 after the expiration date set pursuant to Sections 3-414 and
14 3-414.1 of this Code.
15 (Source: P.A. 92-668, eff. 1-1-03; 92-680, eff. 7-16-02;
16 revised 10-2-02.)
17 (625 ILCS 5/3-621) (from Ch. 95 1/2, par. 3-621)
18 Sec. 3-621. The Secretary, upon receipt of an
19 application, made in the form prescribed by the Secretary of
20 State, may issue to members of the Illinois National Guard,
21 and to Illinois residents who are either former members of
22 the Illinois National Guard or the surviving spouses of
23 Illinois National Guard members, special registration plates.
24 The special plates issued pursuant to this Section shall be
25 affixed only to passenger vehicles of the first division,
26 motorcycles, or motor vehicles of the second division
27 weighing not more than 8,000 pounds subject to the staggered
28 registration system.
29 The design and color of such plates shall be wholly
30 within the discretion of the Secretary of State.
31 (Source: P.A. 92-545, eff. 6-12-02; 92-699, 1-1-03; revised
32 8-23-02.)
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1 (625 ILCS 5/3-622) (from Ch. 95 1/2, par. 3-622)
2 Sec. 3-622. The Secretary, upon receipt of an
3 application made in the form prescribed by the Secretary of
4 State, may issue to members of the United States Armed Forces
5 Reserves who reside in Illinois, and to Illinois residents
6 who are either former members of the United States Armed
7 Forces Reserves or the surviving spouses of United States
8 Armed Forces Reserve members who resided in Illinois, special
9 registration plates. The special plates issued pursuant to
10 this Section shall be affixed only to passenger vehicles of
11 the first division, motorcycles, or motor vehicles of the
12 second division weighing not more than 8,000 pounds subject
13 to the staggered registration system. The design and color
14 of such plates shall be wholly within the discretion of the
15 Secretary of State.
16 (Source: P.A. 92-545, eff. 6-12-02; 92-699, eff. 1-1-03;
17 revised 8-23-02.)
18 (625 ILCS 5/3-625) (from Ch. 95 1/2, par. 3-625)
19 Sec. 3-625. Pearl Harbor Plates. The Secretary, upon
20 receipt of an application made in the form prescribed by the
21 Secretary of State, may issue special registration plates to
22 any Illinois resident who, while a member of the armed forces
23 of the United States, participated in the battle of Pearl
24 Harbor on December 7, 1941, or to the widowed spouse of any
25 Illinois resident who, while a member of the armed forces of
26 the United States, participated in the battle of Pearl Harbor
27 on December 7, 1941, provided that the widowed spouse was
28 married to the battle of Pearl Harbor participant at the time
29 of the participant's death and is a single person at the time
30 of application. The special plates issued pursuant to this
31 Section should be affixed only to passenger vehicles of the
32 1st division, motorcycles, or motor vehicles of the 2nd
33 division weighing not more than 8,000 pounds.
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1 The design and color of such plates shall be wholly
2 within the discretion of the Secretary of State. Appropriate
3 documentation, as determined by the Secretary, and the
4 appropriate registration fee shall accompany the application.
5 (Source: P.A. 92-545, eff. 6-12-02; 92-699, eff. 1-1-03;
6 revised 8-23-02.)
7 (625 ILCS 5/3-648)
8 Sec. 3-648. Education license plates.
9 (a) The Secretary, upon receipt of an application made
10 in the form prescribed by the Secretary, may issue special
11 registration plates designated as Education license plates.
12 The special plates issued under this Section shall be affixed
13 only to passenger vehicles of the first division and motor
14 vehicles of the second division weighing not more than 8,000
15 pounds. Plates issued under this Section shall expire
16 according to the multi-year procedure established by Section
17 3-414.1 of this Code.
18 (b) The design and color of the plates shall be
19 determined by a contest that every elementary school pupil in
20 the State of Illinois is eligible to enter. The designs
21 submitted for the contest shall be judged on September 30,
22 2002, and the winning design shall be selected by a committee
23 composed of the Secretary, the Director of State Police, 2
24 members of the Senate, one member chosen by the President of
25 the Senate and one member chosen by the Senate Minority
26 Leader, and 2 members of the House of Representatives, one
27 member chosen by the Speaker of the House and one member
28 chosen by the House Minority Leader. The Secretary may allow
29 the plates to be issued as vanity or personalized plates
30 under Section 3-405.1 of the Code. The Secretary shall
31 prescribe stickers or decals as provided under Section 3-412
32 of this Code.
33 (c) An applicant for the special plate shall be charged
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1 a $40 fee for original issuance, in addition to the
2 appropriate registration fee. Of this $40 additional original
3 issuance fee, $15 shall be deposited into the Secretary of
4 State Special License Plate Fund, to be used by the Secretary
5 to help defray the administrative processing costs, and $25
6 shall be deposited into the Illinois Future Teacher Corps
7 Scholarship Fund. For each registration renewal period, a
8 $40 fee, in addition to the appropriate registration fee,
9 shall be charged. Of this $40 additional renewal fee, $2
10 shall be deposited into the Secretary of State Special
11 License Plate Fund and $38 shall be deposited into the
12 Illinois Future Teacher Corps Scholarship Fund. Each fiscal
13 year, once deposits from the additional original issuance and
14 renewal fees into the Secretary of State Special License
15 Plate Fund have reached $500,000, all the amounts received
16 for the additional fees for the balance of the fiscal year
17 shall be deposited into the Illinois Future Teacher Corps
18 Scholarship Fund.
19 (d) The Illinois Future Teacher Corps Scholarship Fund
20 is created as a special fund in the State treasury.
21 Ninety-five percent of the moneys in the Illinois Future
22 Teacher Corps Scholarship Fund shall be appropriated to the
23 Illinois Student Assistance Commission for scholarships under
24 Section 52 or 65.65 of the Higher Education Student
25 Assistance Act, and 5% of the moneys in the Illinois Future
26 Teacher Corps Scholarship Fund shall be appropriated to the
27 State Board of Education for grants to the Golden Apple
28 Foundation for Excellence in Teaching, a recognized
29 charitable organization that meets the requirements of Title
30 26, Section 501(c)(3) of the United States Code.
31 (Source: P.A. 92-445, eff. 8-17-01; 92-651, eff. 7-11-02;
32 92-845, eff. 1-1-03.)
33 (625 ILCS 5/3-653)
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1 Sec. 3-653. Pet Friendly license plates.
2 (a) The Secretary, upon receipt of an application made
3 in the form prescribed by the Secretary, may issue special
4 registration plates designated as Pet Friendly license
5 plates. The special plates issued under this Section shall
6 be affixed only to passenger vehicles of the first division,
7 motor vehicles of the second division weighing not more than
8 8,000 pounds, and recreational vehicles as defined in Section
9 1-169 of this Code. Plates issued under this Section shall
10 expire according to the multi-year procedure established by
11 Section 3-414.1 of this Code.
12 (b) The design and color of the plates is wholly within
13 the discretion of the Secretary, except that the phrase "I am
14 pet friendly" shall be on the plates. The Secretary may
15 allow the plates to be issued as vanity plates or
16 personalized plates under Section 3-405.1 of the Code. The
17 Secretary shall prescribe stickers or decals as provided
18 under Section 3-412 of this Code.
19 (c) An applicant for the special plate shall be charged
20 a $40 fee for original issuance in addition to the
21 appropriate registration fee. Of this additional fee, $25
22 shall be deposited into the Pet Overpopulation Control Fund
23 and $15 shall be deposited into the Secretary of State
24 Special License Plate Fund, to be used by the Secretary to
25 help defray the administrative processing costs.
26 For each registration renewal period, a $27 fee, in
27 addition to the appropriate registration fee, shall be
28 charged. Of this additional fee, $25 shall be deposited into
29 the Pet Overpopulation Control Fund and $2 shall be deposited
30 into the Secretary of State Special License Plate Fund.
31 (d) The Pet Overpopulation Control Fund is created as a
32 special fund in the State treasury. All moneys in the Pet
33 Overpopulation Control Fund shall be paid, subject to
34 appropriation by the General Assembly and approval by the
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1 Secretary, as grants to humane societies exempt from federal
2 income taxation under Section 501(c)(3) of the Internal
3 Revenue Code to be used solely for the humane sterilization
4 of dogs and cats in the State of Illinois. In approving
5 grants under this subsection (d), the Secretary shall
6 consider recommendations for grants made by a volunteer board
7 appointed by the Secretary that shall consist of 5 Illinois
8 residents who are officers or directors of humane societies
9 operating in different regions in Illinois.
10 (Source: P.A. 92-520, eff. 6-1-02; 92-651, eff. 7-11-02.)
11 (625 ILCS 5/3-654)
12 Sec. 3-654. Illinois Public Broadcasting System Stations
13 special license plates.
14 (a) The Secretary, upon receipt of all applicable fees
15 and applications made in the form prescribed by the
16 Secretary, may issue special registration plates designated
17 as Illinois Public Broadcasting System Stations special
18 license plates. The special plates issued under this Section
19 shall be affixed only to passenger vehicles of the first
20 division or motor vehicles of the second division weighing
21 not more than 8,000 pounds. Plates issued under this Section
22 shall expire according to the multi-year procedure
23 established by Section 3-414.1 of this Code.
24 (b) The design and color of the special plates shall be
25 wholly within the discretion of the Secretary. The
26 Secretary may, in his or her discretion, allow the plates to
27 be issued as vanity or personalized plates in accordance with
28 Section 3-405.1 of this Code. The plates are not required to
29 designate "Land of Lincoln", as prescribed in subsection (b)
30 of Section 3-412 of this Code. The Secretary, in his or her
31 discretion, shall approve and prescribe stickers or decals as
32 provided under Section 3-412.
33 (c) An applicant for the special plate shall be charged
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1 a $40 fee for original issuance in addition to the
2 appropriate registration fee. Of this fee, $25 shall be
3 deposited into the Public Broadcasting Fund and $15 shall be
4 deposited into the Secretary of State Special License Plate
5 Fund, to be used by the Secretary to help defray the
6 administrative processing costs.
7 For each registration renewal period, a $27 fee, in
8 addition to the appropriate registration fee, shall be
9 charged. Of this fee, $25 shall be deposited into the Public
10 Broadcasting Fund and $2 shall be deposited into the
11 Secretary of State Special License Plate Fund.
12 (d) The Public Broadcasting Fund is created as a special
13 fund in the State treasury. Subject to appropriation by the
14 General Assembly and approval by the Secretary, the Secretary
15 shall pay all moneys in the Public Broadcasting Fund to the
16 various Public Broadcasting System stations in Illinois for
17 operating costs.
18 (Source: P.A. 92-695, eff. 1-1-03.)
19 (625 ILCS 5/3-655)
20 Sec. 3-655 3-648. Hospice license plates.
21 (a) The Secretary, upon receipt of an application made
22 in the form prescribed by the Secretary, may issue special
23 registration plates designated as Hospice license plates.
24 The special plates issued under this Section shall be affixed
25 only to passenger vehicles of the first division and motor
26 vehicles of the second division weighing not more than 8,000
27 pounds. Plates issued under this Section shall expire
28 according to the multi-year procedure established by Section
29 3-414.1 of this Code.
30 (b) The color of the plates is wholly within the
31 discretion of the Secretary. The design of the plates shall
32 include the word "Hospice" above drawings of two lilies and a
33 butterfly. The Secretary may allow the plates to be issued as
-405- LRB093 05878 EFG 05971 b
1 vanity plates or personalized under Section 3-405.1 of the
2 Code. The Secretary shall prescribe stickers or decals as
3 provided under Section 3-412 of this Code.
4 (c) An applicant for the special plate shall be charged
5 a $25 fee for original issuance in addition to the
6 appropriate registration fee. Of this fee, $10 shall be
7 deposited into the Hospice Fund and $15 shall be deposited
8 into the Secretary of State Special License Plate Fund, to be
9 used by the Secretary to help defray the administrative
10 processing costs.
11 For each registration renewal period, a $25 fee, in
12 addition to the appropriate registration fee, shall be
13 charged. Of this fee, $23 shall be deposited into the
14 Hospice Fund and $2 shall be deposited into the Secretary of
15 State Special License Plate Fund.
16 (d) The Hospice Fund is created as a special fund in the
17 State treasury. All money in the Hospice Fund shall be paid,
18 subject to appropriation by the General Assembly and approval
19 by the Secretary, to the Department of Public Health for
20 distribution as grants for hospice services as defined in the
21 Hospice Program Licensing Act. The Director of Public Health
22 shall adopt rules for the distribution of these grants.
23 (Source: P.A. 92-693, eff. 1-1-03; revised 8-23-02.)
24 (625 ILCS 5/3-656)
25 Sec. 3-656 3-653. Lewis and Clark Bicentennial license
26 plates.
27 (a) In addition to any other special license plate, the
28 Secretary, upon receipt of all applicable fees and
29 applications made in the form prescribed by the Secretary of
30 State, may issue special registration plates designated as
31 Lewis and Clark Bicentennial license plates to residents of
32 Illinois. The special plate issued under this Section shall
33 be affixed only to passenger vehicles of the first division,
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1 motor vehicles of the second division weighing not more than
2 8,000 pounds, and recreational vehicles as defined by Section
3 1-169 of this Code. Plates issued under this Section shall
4 expire according to the staggered multi-year procedure
5 established by Section 3-414.1 of this Code.
6 (b) The Secretary of State shall confer with the
7 Governor's Illinois Lewis and Clark Bicentennial Commission
8 regarding the design, color, and format of the plates. The
9 Secretary may, in his or her discretion, allow the plates to
10 be issued as vanity or personalized plates in accordance with
11 Section 3-405.1 of this Code. The plates are not required to
12 designate "Land Of Lincoln", as prescribed in subsection (b)
13 of Section 3-412 of this Code. The Secretary, in his or her
14 discretion, shall approve and prescribe stickers or decals as
15 provided under Section 3-412.
16 (c) An applicant shall be charged a $40 fee for original
17 issuance in addition to the applicable registration fee. Of
18 this additional fee, $15 shall be deposited into the
19 Secretary of State Special License Plate Fund and $25 shall
20 be deposited into the Lewis and Clark Bicentennial Fund. For
21 each registration renewal period, a $27 fee, in addition to
22 the appropriate registration fee, shall be charged. Of this
23 additional fee, $2 shall be deposited into the Secretary of
24 State Special License Plate Fund and $25 shall be deposited
25 into the Lewis and Clark Bicentennial Fund.
26 (d) The Secretary of State shall issue special license
27 plates under this Section on and before September 1, 2008.
28 The Secretary may not issue special plates under this Section
29 after September 1, 2008.
30 (e) The Lewis and Clark Bicentennial Fund is created as
31 a special fund in the State treasury. All moneys in the Lewis
32 and Clark Bicentennial Fund shall, subject to appropriation
33 by the General Assembly and approval by the Secretary, be
34 used by the Department of Commerce and Community Affairs to
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1 promote tourism and education related to the Lewis and Clark
2 Expedition and for historic preservation purposes related to
3 the Expedition.
4 The State Treasurer shall transfer any moneys remaining
5 in the Lewis and Clark Bicentennial Fund on September 1, 2009
6 and any moneys received for deposit into that Fund on or
7 after September 1, 2009 into the Secretary of State Special
8 License Plate Fund.
9 (Source: P.A. 92-694, eff. 1-1-03; revised 8-23-02.)
10 (625 ILCS 5/3-657)
11 Sec. 3-657 3-654. Park District Youth Program license
12 plates.
13 (a) In addition to any other special license plate, the
14 Secretary, upon receipt of all applicable fees and
15 applications made in the form prescribed by the Secretary of
16 State, may issue Park District Youth Program license plates.
17 The special Park District Youth Program plate issued under
18 this Section shall be affixed only to passenger vehicles of
19 the first division and motor vehicles of the second division
20 weighing not more than 8,000 pounds. Plates issued under this
21 Section shall expire according to the staggered multi-year
22 procedure established by Section 3-414.1 of this Code.
23 (b) The design, color, and format of the plates shall be
24 wholly within the discretion of the Secretary of State.
25 Appropriate documentation, as determined by the Secretary,
26 must accompany each application. The Secretary, in his or her
27 discretion, shall approve and prescribe stickers or decals as
28 provided under Section 3-412.
29 (c) An applicant for the special plate shall be charged
30 a $40 fee for original issuance in addition to the
31 appropriate registration fee. Of this fee, $25 shall be
32 deposited into the Park District Youth Program Fund and $15
33 shall be deposited into the Secretary of State Special
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1 License Plate Fund, to be used by the Secretary to help
2 defray the administrative processing costs.
3 For each registration renewal period, a $27 fee, in
4 addition to the appropriate registration fee, shall be
5 charged. Of this fee, $25 shall be deposited into the Park
6 District Youth Program Fund and $2 shall be deposited into
7 the Secretary of State Special License Plate Fund.
8 (d) The Park District Youth Program Fund is created as a
9 special fund in the State treasury. All money in the Park
10 District Youth Program Fund shall be paid, subject to
11 appropriation by the General Assembly and approval by the
12 Secretary, as grants to the Illinois Association of Park
13 Districts, a not-for-profit corporation, for grants to park
14 districts and recreation agencies providing innovative after
15 school programming for Illinois youth.
16 (Source: P.A. 92-697, eff. 7-19-02; revised 8-23-02.)
17 (625 ILCS 5/3-658)
18 Sec. 3-658 3-654. Professional Sports Teams license
19 plates.
20 (a) The Secretary, upon receipt of an application made
21 in the form prescribed by the Secretary, may issue special
22 registration plates designated as Professional Sports Teams
23 license plates. The special plates issued under this Section
24 shall be affixed only to passenger vehicles of the first
25 division and motor vehicles of the second division weighing
26 not more than 8,000 pounds. Plates issued under this Section
27 shall expire according to the multi-year procedure
28 established by Section 3-414.1 of this Code.
29 (b) The design and color of the plates is wholly within
30 the discretion of the Secretary, except that the plates
31 shall, subject to the permission of the applicable team
32 owner, display the logo of the Chicago Bears, the Chicago
33 Bulls, the Chicago Blackhawks Black Hawks, the Chicago Cubs,
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1 the Chicago White Sox, the St. Louis Rams, or the St. Louis
2 Cardinals, at the applicant's option. The Secretary may
3 allow the plates to be issued as vanity or personalized
4 plates under Section 3-405.1 of the Code. The Secretary
5 shall prescribe stickers or decals as provided under Section
6 3-412 of this Code.
7 (c) An applicant for the special plate shall be charged
8 a $40 fee for original issuance in addition to the
9 appropriate registration fee. Of this fee, $25 shall be
10 deposited into the Professional Sports Teams Education Fund
11 and $15 shall be deposited into the Secretary of State
12 Special License Plate Fund, to be used by the Secretary to
13 help defray the administrative processing costs.
14 For each registration renewal period, a $27 fee, in
15 addition to the appropriate registration fee, shall be
16 charged. Of this fee, $25 shall be deposited into the
17 Professional Sports Teams Education Fund and $2 shall be
18 deposited into the Secretary of State Special License Plate
19 Fund.
20 (d) The Professional Sports Teams Education Fund is
21 created as a special fund in the State treasury. All moneys
22 in the Professional Sports Teams Education Fund shall,
23 subject to appropriation by the General Assembly and approval
24 by the Secretary, be deposited every 6 months into the Common
25 School Fund.
26 (Source: P.A. 92-699, eff. 1-1-03; revised 10-28-02.)
27 (625 ILCS 5/3-659)
28 Sec. 3-659 3-654. Pan Hellenic license plates.
29 (a) The Secretary, upon receipt of all applicable fees
30 and applications made in the form prescribed by the
31 Secretary, may issue special registration plates designated
32 as Pan Hellenic license plates. The special plates issued
33 under this Section shall be affixed only to passenger
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1 vehicles of the first division or motor vehicles of the
2 second division weighing not more than 8,000 pounds. Plates
3 issued under this Section shall expire according to the
4 multi-year procedure established by Section 3-414.1 of this
5 Code.
6 (b) The design and color of the special plates shall be
7 wholly within the discretion of the Secretary, except that an
8 emblem of a Pan Hellenic eligible member shall be on the
9 plate. Appropriate documentation, as determined by the
10 Secretary, shall accompany each application. The Secretary
11 may, in his or her discretion, allow the plates to be issued
12 as vanity or personalized plates in accordance with Section
13 3-405.1 of this Code. The plates are not required to
14 designate "Land of Lincoln" as prescribed in subsection (b)
15 of Section 3-412 of this Code. The Secretary, in his or her
16 discretion, may prescribe rules governing the requirements
17 and approval of the special plates.
18 (c) An applicant for the special plate shall be charged
19 a $40 fee for original issuance in addition to the
20 appropriate registration fee. Of this fee, $25 shall be
21 deposited into the Illinois Pan Hellenic Trust Fund and $15
22 shall be deposited into the Secretary of State Special
23 License Plate Fund, to be used by the Secretary to help
24 defray the administrative processing costs. For each
25 registration renewal period, a $27 fee, in addition to the
26 appropriate registration fee, shall be charged. Of this fee,
27 $25 shall be deposited into the Illinois Pan Hellenic Trust
28 Fund and $2 shall be deposited into the Secretary of State
29 Special License Plate Fund.
30 (d) The Illinois Pan Hellenic Trust Fund is created as a
31 special fund in the State Treasury. The State Treasurer shall
32 create separate accounts within the Illinois Pan Hellenic
33 Trust Fund for each eligible member for which Pan Hellenic
34 license plates have been issued. Moneys in the Illinois Pan
-411- LRB093 05878 EFG 05971 b
1 Hellenic Trust Fund shall be allocated to each account in
2 proportion to the number of plates sold in regard to each
3 fraternity or sorority. All moneys in the Illinois Pan
4 Hellenic Trust Fund shall be distributed, subject to
5 appropriation by the General Assembly and approval by the
6 Secretary, as grants to the Illinois Alpha Kappa Alpha
7 Charitable Foundation, Illinois Delta Sigma Theta Charitable
8 Foundation, Illinois Zeta Phi Beta Charitable Foundation,
9 Illinois Sigma Gamma Rho Charitable Foundation, Illinois
10 Alpha Phi Alpha Charitable Foundation, Illinois Omega Psi Phi
11 Charitable Foundation, Illinois Kappa Alpha Psi Charitable
12 Foundation, Illinois Phi Beta Sigma Charitable Foundation, or
13 Illinois Iota Phi Theta Charitable Foundation for charitable
14 purposes sponsored by the African-American fraternity or
15 sorority.
16 (Source: P.A. 92-702, eff. 1-1-03; revised 8-23-02.)
17 (625 ILCS 5/3-660)
18 Sec. 3-660 3-653. September 11th license plates.
19 (a) Beginning on September 11, 2002, the Secretary, upon
20 receipt of all applicable fees and applications made in the
21 form prescribed by the Secretary, may issue special
22 registration plates designated as September 11th license
23 plates.
24 The special plates issued under this Section shall be
25 affixed only to passenger vehicles of the first division or
26 motor vehicles of the second division weighing not more than
27 8,000 pounds.
28 Plates issued under this Section shall expire according
29 to the multi-year procedure established by Section 3-414.1 of
30 this Code.
31 (b) The design and color of the special plates shall be
32 wholly within the discretion of the Secretary. The Secretary
33 may allow the plates to be issued as vanity or personalized
-412- LRB093 05878 EFG 05971 b
1 plates under Section 3-405.1 of this Code. The Secretary
2 shall prescribe stickers or decals as provided under Section
3 3-412 of this Code.
4 (c) An applicant for the special plate shall be charged
5 a $40 fee for original issuance in addition to the
6 appropriate registration fee. Of this fee, $25 shall be
7 deposited into the September 11th Fund and $15 shall be
8 deposited into the Secretary of State Special License Plate
9 Fund, to be used by the Secretary to help defray the
10 administrative processing costs.
11 For each registration renewal period, a $27 fee, in
12 addition to the appropriate registration fee, shall be
13 charged. Of this fee, $25 shall be deposited into the
14 September 11th Fund and $2 shall be deposited into the
15 Secretary of State Special License Plate Fund.
16 (d) The September 11th Fund is created as a special fund
17 in the State treasury. Subject to appropriation by the
18 General Assembly and approval by the Secretary, the Director
19 of Commerce and Community Affairs shall pay all moneys in the
20 September 11th Fund as grants to aid victims of terrorism and
21 as grants to local governments to cover the costs of
22 training, equipment, and other items related to public safety
23 initiatives intended to prevent further acts of terrorism or
24 to respond to further acts of terrorism or other disasters or
25 emergency situations in Illinois.
26 (Source: P.A. 92-704, eff. 7-19-02; revised 8-23-02.)
27 (625 ILCS 5/3-661)
28 Sec. 3-661 3-653. Illinois Route 66 license plates.
29 (a) The Secretary, upon receipt of all applicable fees
30 and applications made in the form prescribed by the
31 Secretary, may issue special registration plates designated
32 as Illinois Route 66 license plates. The special plates
33 issued under this Section shall be affixed only to passenger
-413- LRB093 05878 EFG 05971 b
1 vehicles of the first division or motor vehicles of the
2 second division weighing not more than 8,000 pounds. Plates
3 issued under this Section shall expire according to the
4 multi-year procedure established by Section 3-414.1 of this
5 Code.
6 (b) The design and color of the special plates shall be
7 wholly within the discretion of the Secretary. The Secretary
8 may, in his or her discretion, allow the plates to be issued
9 as vanity or personalized plates in accordance with Section
10 3-405.1 of this Code. The plates are not required to
11 designate "Land of Lincoln", as prescribed in subsection (b)
12 of Section 3-412 of this Code. The Secretary, in his or her
13 discretion, shall approve and prescribe stickers or decals as
14 provided under Section 3-412.
15 (c) An applicant for the special plate shall be charged
16 a $40 fee for original issuance in addition to the
17 appropriate registration fee. Of this fee, $25 shall be
18 deposited into the Illinois Route 66 Heritage Project Fund
19 and $15 shall be deposited into the Secretary of State
20 Special License Plate Fund, to be used by the Secretary to
21 help defray the administrative processing costs.
22 For each registration renewal period, a $27 fee, in
23 addition to the appropriate registration fee, shall be
24 charged. Of this fee, $25 shall be deposited into the
25 Illinois Route 66 Heritage Project Fund and $2 shall be
26 deposited into the Secretary of State Special License Plate
27 Fund.
28 (d) The Illinois Route 66 Heritage Project Fund is
29 created as a special fund in the State treasury. Subject to
30 appropriation by the General Assembly and approval by the
31 Secretary, Illinois Route 66 Heritage Project, Inc. shall use
32 all moneys in the Illinois Route 66 Heritage Project Fund for
33 the development of tourism, through education and
34 interpretation, preservation, and promotion of the former
-414- LRB093 05878 EFG 05971 b
1 U.S. Route 66 in Illinois.
2 (Source: P.A. 92-706, eff. 1-1-03; revised 8-23-02.)
3 (625 ILCS 5/3-662)
4 Sec. 3-662 3-654. Stop Neuroblastoma license plates.
5 (a) The Secretary, upon receipt of an application made
6 in the form prescribed by the Secretary, may issue special
7 registration plates designated as Stop Neuroblastoma license
8 plates. The special plates issued under this Section shall be
9 affixed only to passenger vehicles of the first division and
10 motor vehicles of the second division weighing not more than
11 8,000 pounds. Plates issued under this Section shall expire
12 according to the multi-year procedure established by Section
13 3-414.1 of this Code.
14 (b) The design and color of the plates is wholly within
15 the discretion of the Secretary, except that the following
16 phrases shall be on the plates: (i) "Stop Neuroblastoma" and
17 (ii) "Stop Cancer". The Secretary may allow the plates to be
18 issued as vanity plates or personalized under Section 3-405.1
19 of this Code. The Secretary shall prescribe stickers or
20 decals as provided under Section 3-412 of this Code.
21 (c) An applicant for the special plate shall be charged
22 a $25 fee for original issuance in addition to the
23 appropriate registration fee. Of this fee, $10 shall be
24 deposited into the Stop Neuroblastoma Fund and $15 shall be
25 deposited into the Secretary of State Special License Plate
26 Fund, to be used by the Secretary to help defray the
27 administrative processing costs.
28 For each registration renewal period, a $25 fee, in
29 addition to the appropriate registration fee, shall be
30 charged. Of this fee, $23 shall be deposited into the Stop
31 Neuroblastoma Fund and $2 shall be deposited into the
32 Secretary of State Special License Plate Fund.
33 (d) The Stop Neuroblastoma Fund is created as a special
-415- LRB093 05878 EFG 05971 b
1 fund in the State treasury. All money in the Stop
2 Neuroblastoma Fund shall be paid, subject to appropriation by
3 the General Assembly and approval by the Secretary, as grants
4 to the American Cancer Society for neuroblastoma and cancer
5 research, education, screening, and treatment.
6 (Source: P.A. 92-711, eff. 7-19-02; revised 8-23-02.)
7 (625 ILCS 5/3-803) (from Ch. 95 1/2, par. 3-803)
8 Sec. 3-803. Reductions.
9 (a) Reduction of fees and taxes prescribed in this
10 Chapter shall be applicable only to vehicles newly-acquired
11 by the owner after the beginning of a registration period or
12 which become subject to registration after the beginning of a
13 registration period as specified in this Act. The Secretary
14 of State may deny a reduction as to any vehicle operated in
15 this State without being properly and timely registered in
16 Illinois under this Chapter, of a vehicle in violation of any
17 provision of this Chapter, or upon detection of such
18 violation by an audit, or upon determining that such vehicle
19 was operated in Illinois before such violation. Bond or
20 other security in the proper amount may be required by the
21 Secretary of State while the matter is under investigation.
22 Reductions shall be granted if a person becomes the owner
23 after the dates specified or if a vehicle becomes subject to
24 registration under this Act, as amended, after the dates
25 specified.
26 (b) Vehicles of the First Division. The annual fees and
27 taxes prescribed by Section 3-806 shall be reduced by 50% on
28 and after June 15, except as provided in Sections 3-414 and
29 3-802 of this Act.
30 (c) Vehicles of the Second Division. The annual fees
31 and taxes prescribed by Sections 3-402, 3-402.1, 3-815 and
32 3-819 and paid on a calendar year for such vehicles shall be
33 reduced on a quarterly basis if the vehicle becomes subject
-416- LRB093 05878 EFG 05971 b
1 to registration on and after March 31, June 30 or September
2 30. Where such fees and taxes are payable on a fiscal year
3 basis, they shall be reduced on a quarterly basis on and
4 after September 30, December 31 or March 31.
5 (d) Two-year Registrations. The fees and taxes
6 prescribed by Section 3-808 for 2-year registrations shall
7 not be reduced in any event. However, the fees and taxes
8 prescribed for all other 2-year registrations by this Act,
9 shall be reduced as follows:
10 By 25% on and after June 15;
11 By 50% on and after December 15;
12 By 75% on and after the next ensuing June 15.
13 (e) The registration fees and taxes imposed upon certain
14 vehicles shall not be reduced by any amount in any event in
15 the following instances:
16 Permits under Sections 3-403 and 3-811;
17 Municipal Buses under Section 3-807;
18 Governmental or charitable vehicles under Section 3-808;
19 Farm Machinery under Section 3-809;
20 Soil and conservation equipment under Section 3-809.1;
21 Special Plates under Section 3-810;
22 Permanently mounted equipment under Section 3-812;
23 Registration fee under Section 3-813;
24 Semitrailer fees under Section 3-814;
25 Farm trucks under Section 3-815;
26 Mileage weight tax option under Section 3-818;
27 Farm trailers under Section 3-819;
28 Duplicate plates under Section 3-820;
29 Fees under Section 3-821;
30 Security Fees under Section 3-822;
31 Search Fees under Section 3-823.
32 (f) The reductions provided for shall not apply to any
33 vehicle of the first or second division registered by the
34 same applicant in the prior registration year.
-417- LRB093 05878 EFG 05971 b
1 The changes to this Section made by Public Act 84-210
2 take This bill takes effect with the 1986 Calendar
3 Registration Year.
4 (g) Reductions shall in no event result in payment of a
5 fee or tax less than $6, and the Secretary of State shall
6 promulgate schedules of fees reflecting applicable
7 reductions. Where any reduced amount is not stated in full
8 dollars, the Secretary of State may adjust the amount due to
9 the nearest full dollar amount.
10 (h) The reductions provided for in subsections (a)
11 through (g) of this Section shall not apply to those vehicles
12 of the first or second division registered on a staggered
13 registration basis.
14 (i) A vehicle which becomes subject to registration
15 during the last month of the current registration year is
16 exempt from any applicable reduced fourth quarter or second
17 semiannual registration fee, and may register for the
18 subsequent registration year as its initial registration.
19 This subsection does not include those apportioned and
20 prorated fees under Sections 3-402 and 3-402.1 of this Code.
21 (Source: P.A. 84-1311; revised 2-25-02.)
22 (625 ILCS 5/6-206) (from Ch. 95 1/2, par. 6-206)
23 Sec. 6-206. Discretionary authority to suspend or revoke
24 license or permit; Right to a hearing.
25 (a) The Secretary of State is authorized to suspend or
26 revoke the driving privileges of any person without
27 preliminary hearing upon a showing of the person's records or
28 other sufficient evidence that the person:
29 1. Has committed an offense for which mandatory
30 revocation of a driver's license or permit is required
31 upon conviction;
32 2. Has been convicted of not less than 3 offenses
33 against traffic regulations governing the movement of
-418- LRB093 05878 EFG 05971 b
1 vehicles committed within any 12 month period. No
2 revocation or suspension shall be entered more than 6
3 months after the date of last conviction;
4 3. Has been repeatedly involved as a driver in
5 motor vehicle collisions or has been repeatedly convicted
6 of offenses against laws and ordinances regulating the
7 movement of traffic, to a degree that indicates lack of
8 ability to exercise ordinary and reasonable care in the
9 safe operation of a motor vehicle or disrespect for the
10 traffic laws and the safety of other persons upon the
11 highway;
12 4. Has by the unlawful operation of a motor vehicle
13 caused or contributed to an accident resulting in death
14 or injury requiring immediate professional treatment in a
15 medical facility or doctor's office to any person, except
16 that any suspension or revocation imposed by the
17 Secretary of State under the provisions of this
18 subsection shall start no later than 6 months after being
19 convicted of violating a law or ordinance regulating the
20 movement of traffic, which violation is related to the
21 accident, or shall start not more than one year after the
22 date of the accident, whichever date occurs later;
23 5. Has permitted an unlawful or fraudulent use of a
24 driver's license, identification card, or permit;
25 6. Has been lawfully convicted of an offense or
26 offenses in another state, including the authorization
27 contained in Section 6-203.1, which if committed within
28 this State would be grounds for suspension or revocation;
29 7. Has refused or failed to submit to an
30 examination provided for by Section 6-207 or has failed
31 to pass the examination;
32 8. Is ineligible for a driver's license or permit
33 under the provisions of Section 6-103;
34 9. Has made a false statement or knowingly
-419- LRB093 05878 EFG 05971 b
1 concealed a material fact or has used false information
2 or identification in any application for a license,
3 identification card, or permit;
4 10. Has possessed, displayed, or attempted to
5 fraudulently use any license, identification card, or
6 permit not issued to the person;
7 11. Has operated a motor vehicle upon a highway of
8 this State when the person's driving privilege or
9 privilege to obtain a driver's license or permit was
10 revoked or suspended unless the operation was authorized
11 by a judicial driving permit, probationary license to
12 drive, or a restricted driving permit issued under this
13 Code;
14 12. Has submitted to any portion of the application
15 process for another person or has obtained the services
16 of another person to submit to any portion of the
17 application process for the purpose of obtaining a
18 license, identification card, or permit for some other
19 person;
20 13. Has operated a motor vehicle upon a highway of
21 this State when the person's driver's license or permit
22 was invalid under the provisions of Sections 6-107.1 and
23 6-110;
24 14. Has committed a violation of Section 6-301,
25 6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or
26 14B of the Illinois Identification Card Act;
27 15. Has been convicted of violating Section 21-2 of
28 the Criminal Code of 1961 relating to criminal trespass
29 to vehicles in which case, the suspension shall be for
30 one year;
31 16. Has been convicted of violating Section 11-204
32 of this Code relating to fleeing from a police officer;
33 17. Has refused to submit to a test, or tests, as
34 required under Section 11-501.1 of this Code and the
-420- LRB093 05878 EFG 05971 b
1 person has not sought a hearing as provided for in
2 Section 11-501.1;
3 18. Has, since issuance of a driver's license or
4 permit, been adjudged to be afflicted with or suffering
5 from any mental disability or disease;
6 19. Has committed a violation of paragraph (a) or
7 (b) of Section 6-101 relating to driving without a
8 driver's license;
9 20. Has been convicted of violating Section 6-104
10 relating to classification of driver's license;
11 21. Has been convicted of violating Section 11-402
12 of this Code relating to leaving the scene of an accident
13 resulting in damage to a vehicle in excess of $1,000, in
14 which case the suspension shall be for one year;
15 22. Has used a motor vehicle in violating paragraph
16 (3), (4), (7), or (9) of subsection (a) of Section 24-1
17 of the Criminal Code of 1961 relating to unlawful use of
18 weapons, in which case the suspension shall be for one
19 year;
20 23. Has, as a driver, been convicted of committing
21 a violation of paragraph (a) of Section 11-502 of this
22 Code for a second or subsequent time within one year of a
23 similar violation;
24 24. Has been convicted by a court-martial or
25 punished by non-judicial punishment by military
26 authorities of the United States at a military
27 installation in Illinois of or for a traffic related
28 offense that is the same as or similar to an offense
29 specified under Section 6-205 or 6-206 of this Code;
30 25. Has permitted any form of identification to be
31 used by another in the application process in order to
32 obtain or attempt to obtain a license, identification
33 card, or permit;
34 26. Has altered or attempted to alter a license or
-421- LRB093 05878 EFG 05971 b
1 has possessed an altered license, identification card, or
2 permit;
3 27. Has violated Section 6-16 of the Liquor Control
4 Act of 1934;
5 28. Has been convicted of the illegal possession,
6 while operating or in actual physical control, as a
7 driver, of a motor vehicle, of any controlled substance
8 prohibited under the Illinois Controlled Substances Act
9 or any cannabis prohibited under the provisions of the
10 Cannabis Control Act, in which case the person's driving
11 privileges shall be suspended for one year, and any
12 driver who is convicted of a second or subsequent
13 offense, within 5 years of a previous conviction, for the
14 illegal possession, while operating or in actual physical
15 control, as a driver, of a motor vehicle, of any
16 controlled substance prohibited under the provisions of
17 the Illinois Controlled Substances Act or any cannabis
18 prohibited under the Cannabis Control Act shall be
19 suspended for 5 years. Any defendant found guilty of this
20 offense while operating a motor vehicle, shall have an
21 entry made in the court record by the presiding judge
22 that this offense did occur while the defendant was
23 operating a motor vehicle and order the clerk of the
24 court to report the violation to the Secretary of State;
25 29. Has been convicted of the following offenses
26 that were committed while the person was operating or in
27 actual physical control, as a driver, of a motor vehicle:
28 criminal sexual assault, predatory criminal sexual
29 assault of a child, aggravated criminal sexual assault,
30 criminal sexual abuse, aggravated criminal sexual abuse,
31 juvenile pimping, soliciting for a juvenile prostitute
32 and the manufacture, sale or delivery of controlled
33 substances or instruments used for illegal drug use or
34 abuse in which case the driver's driving privileges shall
-422- LRB093 05878 EFG 05971 b
1 be suspended for one year;
2 30. Has been convicted a second or subsequent time
3 for any combination of the offenses named in paragraph 29
4 of this subsection, in which case the person's driving
5 privileges shall be suspended for 5 years;
6 31. Has refused to submit to a test as required by
7 Section 11-501.6 or has submitted to a test resulting in
8 an alcohol concentration of 0.08 or more or any amount of
9 a drug, substance, or compound resulting from the
10 unlawful use or consumption of cannabis as listed in the
11 Cannabis Control Act, a controlled substance as listed in
12 the Illinois Controlled Substances Act, or an
13 intoxicating compound as listed in the Use of
14 Intoxicating Compounds Act, in which case the penalty
15 shall be as prescribed in Section 6-208.1;
16 32. Has been convicted of Section 24-1.2 of the
17 Criminal Code of 1961 relating to the aggravated
18 discharge of a firearm if the offender was located in a
19 motor vehicle at the time the firearm was discharged, in
20 which case the suspension shall be for 3 years;
21 33. Has as a driver, who was less than 21 years of
22 age on the date of the offense, been convicted a first
23 time of a violation of paragraph (a) of Section 11-502 of
24 this Code or a similar provision of a local ordinance;
25 34. Has committed a violation of Section 11-1301.5
26 of this Code;
27 35. Has committed a violation of Section 11-1301.6
28 of this Code;
29 36. Is under the age of 21 years at the time of
30 arrest and has been convicted of not less than 2 offenses
31 against traffic regulations governing the movement of
32 vehicles committed within any 24 month period. No
33 revocation or suspension shall be entered more than 6
34 months after the date of last conviction;
-423- LRB093 05878 EFG 05971 b
1 37. Has committed a violation of subsection (c) of
2 Section 11-907 of this Code; or
3 38. Has been convicted of a violation of Section
4 6-20 of the Liquor Control Act of 1934 or a similar
5 provision of a local ordinance; or.
6 39. 38. Has committed a second or subsequent
7 violation of Section 11-1201 of this Code.
8 For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
9 and 27 of this subsection, license means any driver's
10 license, any traffic ticket issued when the person's driver's
11 license is deposited in lieu of bail, a suspension notice
12 issued by the Secretary of State, a duplicate or corrected
13 driver's license, a probationary driver's license or a
14 temporary driver's license.
15 (b) If any conviction forming the basis of a suspension
16 or revocation authorized under this Section is appealed, the
17 Secretary of State may rescind or withhold the entry of the
18 order of suspension or revocation, as the case may be,
19 provided that a certified copy of a stay order of a court is
20 filed with the Secretary of State. If the conviction is
21 affirmed on appeal, the date of the conviction shall relate
22 back to the time the original judgment of conviction was
23 entered and the 6 month limitation prescribed shall not
24 apply.
25 (c) 1. Upon suspending or revoking the driver's license
26 or permit of any person as authorized in this Section,
27 the Secretary of State shall immediately notify the
28 person in writing of the revocation or suspension. The
29 notice to be deposited in the United States mail, postage
30 prepaid, to the last known address of the person.
31 2. If the Secretary of State suspends the driver's
32 license of a person under subsection 2 of paragraph (a)
33 of this Section, a person's privilege to operate a
34 vehicle as an occupation shall not be suspended, provided
-424- LRB093 05878 EFG 05971 b
1 an affidavit is properly completed, the appropriate fee
2 received, and a permit issued prior to the effective date
3 of the suspension, unless 5 offenses were committed, at
4 least 2 of which occurred while operating a commercial
5 vehicle in connection with the driver's regular
6 occupation. All other driving privileges shall be
7 suspended by the Secretary of State. Any driver prior to
8 operating a vehicle for occupational purposes only must
9 submit the affidavit on forms to be provided by the
10 Secretary of State setting forth the facts of the
11 person's occupation. The affidavit shall also state the
12 number of offenses committed while operating a vehicle in
13 connection with the driver's regular occupation. The
14 affidavit shall be accompanied by the driver's license.
15 Upon receipt of a properly completed affidavit, the
16 Secretary of State shall issue the driver a permit to
17 operate a vehicle in connection with the driver's regular
18 occupation only. Unless the permit is issued by the
19 Secretary of State prior to the date of suspension, the
20 privilege to drive any motor vehicle shall be suspended
21 as set forth in the notice that was mailed under this
22 Section. If an affidavit is received subsequent to the
23 effective date of this suspension, a permit may be issued
24 for the remainder of the suspension period.
25 The provisions of this subparagraph shall not apply
26 to any driver required to obtain a commercial driver's
27 license under Section 6-507 during the period of a
28 disqualification of commercial driving privileges under
29 Section 6-514.
30 Any person who falsely states any fact in the
31 affidavit required herein shall be guilty of perjury
32 under Section 6-302 and upon conviction thereof shall
33 have all driving privileges revoked without further
34 rights.
-425- LRB093 05878 EFG 05971 b
1 3. At the conclusion of a hearing under Section
2 2-118 of this Code, the Secretary of State shall either
3 rescind or continue an order of revocation or shall
4 substitute an order of suspension; or, good cause
5 appearing therefor, rescind, continue, change, or extend
6 the order of suspension. If the Secretary of State does
7 not rescind the order, the Secretary may upon
8 application, to relieve undue hardship, issue a
9 restricted driving permit granting the privilege of
10 driving a motor vehicle between the petitioner's
11 residence and petitioner's place of employment or within
12 the scope of his employment related duties, or to allow
13 transportation for the petitioner, or a household member
14 of the petitioner's family, to receive necessary medical
15 care and if the professional evaluation indicates,
16 provide transportation for alcohol remedial or
17 rehabilitative activity, or for the petitioner to attend
18 classes, as a student, in an accredited educational
19 institution; if the petitioner is able to demonstrate
20 that no alternative means of transportation is reasonably
21 available and the petitioner will not endanger the public
22 safety or welfare.
23 If a person's license or permit has been revoked or
24 suspended due to 2 or more convictions of violating
25 Section 11-501 of this Code or a similar provision of a
26 local ordinance or a similar out-of-state offense,
27 arising out of separate occurrences, that person, if
28 issued a restricted driving permit, may not operate a
29 vehicle unless it has been equipped with an ignition
30 interlock device as defined in Section 1-129.1.
31 If a person's license or permit has been revoked or
32 suspended 2 or more times within a 10 year period due to
33 a single conviction of violating Section 11-501 of this
34 Code or a similar provision of a local ordinance or a
-426- LRB093 05878 EFG 05971 b
1 similar out-of-state offense, and a statutory summary
2 suspension under Section 11-501.1, or 2 or more statutory
3 summary suspensions, or combination of 2 offenses, or of
4 an offense and a statutory summary suspension, arising
5 out of separate occurrences, that person, if issued a
6 restricted driving permit, may not operate a vehicle
7 unless it has been equipped with an ignition interlock
8 device as defined in Section 1-129.1. The person must
9 pay to the Secretary of State DUI Administration Fund an
10 amount not to exceed $20 per month. The Secretary shall
11 establish by rule the amount and the procedures, terms,
12 and conditions relating to these fees. If the restricted
13 driving permit was issued for employment purposes, then
14 this provision does not apply to the operation of an
15 occupational vehicle owned or leased by that person's
16 employer. In each case the Secretary may issue a
17 restricted driving permit for a period deemed
18 appropriate, except that all permits shall expire within
19 one year from the date of issuance. The Secretary may
20 not, however, issue a restricted driving permit to any
21 person whose current revocation is the result of a second
22 or subsequent conviction for a violation of Section
23 11-501 of this Code or a similar provision of a local
24 ordinance relating to the offense of operating or being
25 in physical control of a motor vehicle while under the
26 influence of alcohol, other drug or drugs, intoxicating
27 compound or compounds, or any similar out-of-state
28 offense, or any combination of those offenses, until the
29 expiration of at least one year from the date of the
30 revocation. A restricted driving permit issued under
31 this Section shall be subject to cancellation,
32 revocation, and suspension by the Secretary of State in
33 like manner and for like cause as a driver's license
34 issued under this Code may be cancelled, revoked, or
-427- LRB093 05878 EFG 05971 b
1 suspended; except that a conviction upon one or more
2 offenses against laws or ordinances regulating the
3 movement of traffic shall be deemed sufficient cause for
4 the revocation, suspension, or cancellation of a
5 restricted driving permit. The Secretary of State may,
6 as a condition to the issuance of a restricted driving
7 permit, require the applicant to participate in a
8 designated driver remedial or rehabilitative program.
9 The Secretary of State is authorized to cancel a
10 restricted driving permit if the permit holder does not
11 successfully complete the program.
12 (c-5) The Secretary of State may, as a condition of the
13 reissuance of a driver's license or permit to an applicant
14 whose driver's license or permit has been suspended before he
15 or she reached the age of 18 years pursuant to any of the
16 provisions of this Section, require the applicant to
17 participate in a driver remedial education course and be
18 retested under Section 6-109 of this Code.
19 (d) This Section is subject to the provisions of the
20 Drivers License Compact.
21 (e) The Secretary of State shall not issue a restricted
22 driving permit to a person under the age of 16 years whose
23 driving privileges have been suspended or revoked under any
24 provisions of this Code.
25 (Source: P.A. 92-283, eff. 1-1-02; 92-418, eff. 8-17-01;
26 92-458, eff. 8-22-01; 92-651, eff. 7-11-02; 92-804, eff.
27 1-1-03; 92-814, eff. 1-1-03; revised 8-26-02.)
28 (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
29 Sec. 6-500. Definitions of words and phrases.
30 Notwithstanding the definitions set forth elsewhere in this
31 Code, for purposes of the Uniform Commercial Driver's License
32 Act (UCDLA), the words and phrases listed below have the
33 meanings ascribed to them as follows:
-428- LRB093 05878 EFG 05971 b
1 (1) Alcohol. "Alcohol" means any substance containing
2 any form of alcohol, including but not limited to ethanol,
3 methanol, propanol, and isopropanol.
4 (2) Alcohol concentration. "Alcohol concentration"
5 means:
6 (A) the number of grams of alcohol per 210 liters
7 of breath; or
8 (B) the number of grams of alcohol per 100
9 milliliters of blood; or
10 (C) the number of grams of alcohol per 67
11 milliliters of urine.
12 Alcohol tests administered within 2 hours of the driver
13 being "stopped or detained" shall be considered that driver's
14 "alcohol concentration" for the purposes of enforcing this
15 UCDLA.
16 (3) (Blank).
17 (4) (Blank).
18 (5) (Blank).
19 (6) Commercial Motor Vehicle.
20 (A) "Commercial motor vehicle" means a motor
21 vehicle, except those referred to in subdivision (B),
22 designed to transport passengers or property if:
23 (i) the vehicle has a GVWR of 26,001 pounds or
24 more or such a lesser GVWR as subsequently
25 determined by federal regulations or the Secretary
26 of State; or any combination of vehicles with a GCWR
27 of 26,001 pounds or more, provided the GVWR of any
28 vehicle or vehicles being towed is 10,001 pounds or
29 more; or
30 (ii) the vehicle is designed to transport 16
31 or more persons; or
32 (iii) the vehicle is transporting hazardous
33 materials and is required to be placarded in
34 accordance with 49 C.F.R. Part 172, subpart F.
-429- LRB093 05878 EFG 05971 b
1 (B) Pursuant to the interpretation of the
2 Commercial Motor Vehicle Safety Act of 1986 by the
3 Federal Highway Administration, the definition of
4 "commercial motor vehicle" does not include:
5 (i) recreational vehicles, when operated
6 primarily for personal use;
7 (ii) United States Department of Defense
8 vehicles being operated by non-civilian personnel.
9 This includes any operator on active military duty;
10 members of the Reserves; National Guard; personnel
11 on part-time training; and National Guard military
12 technicians (civilians who are required to wear
13 military uniforms and are subject to the Code of
14 Military Justice); or
15 (iii) firefighting and other emergency
16 equipment with audible and visual signals, owned or
17 operated by or for a governmental entity, which is
18 necessary to the preservation of life or property or
19 the execution of emergency governmental functions
20 which are normally not subject to general traffic
21 rules and regulations.
22 (7) Controlled Substance. "Controlled substance" shall
23 have the same meaning as defined in Section 102 of the
24 Illinois Controlled Substances Act, and shall also include
25 cannabis as defined in Section 3 of the Cannabis Control Act.
26 (8) Conviction. "Conviction" means an unvacated
27 adjudication of guilt or a determination that a person has
28 violated or failed to comply with the law in a court of
29 original jurisdiction or an authorized administrative
30 tribunal; an unvacated forfeiture of bail or collateral
31 deposited to secure the person's appearance in court; the
32 payment of a fine or court cost regardless of whether the
33 imposition of sentence is deferred and ultimately a judgment
34 dismissing the underlying charge is entered; or a violation
-430- LRB093 05878 EFG 05971 b
1 of a condition of release without bail, regardless of whether
2 or not the penalty is rebated, suspended or probated.
3 (9) (Blank).
4 (10) (Blank).
5 (11) (Blank).
6 (12) (Blank).
7 (13) Driver. "Driver" means any person who drives,
8 operates, or is in physical control of a commercial motor
9 vehicle, or who is required to hold a CDL.
10 (14) Employee. "Employee" means a person who is
11 employed as a commercial motor vehicle driver. A person who
12 is self-employed as a commercial motor vehicle driver must
13 comply with the requirements of this UCDLA pertaining to
14 employees. An owner-operator on a long-term lease shall be
15 considered an employee.
16 (15) Employer. "Employer" means a person (including the
17 United States, a State or a local authority) who owns or
18 leases a commercial motor vehicle or assigns employees to
19 operate such a vehicle. A person who is self-employed as a
20 commercial motor vehicle driver must comply with the
21 requirements of this UCDLA.
22 (16) (Blank).
23 (17) Foreign jurisdiction. "Foreign jurisdiction" means
24 a sovereign jurisdiction that does not fall within the
25 definition of "State".
26 (18) (Blank).
27 (19) (Blank).
28 (20) Hazardous Material. Upon a finding by the United
29 States Secretary of Transportation, in his or her discretion,
30 under 49 App. U.S.C. 5103(a), that the transportation of a
31 particular quantity and form of material in commerce may pose
32 an unreasonable risk to health and safety or property, he or
33 she shall designate the quantity and form of material or
34 group or class of the materials as a hazardous material. The
-431- LRB093 05878 EFG 05971 b
1 materials so designated may include but are not limited to
2 explosives, radioactive materials, etiologic agents,
3 flammable liquids or solids, combustible liquids or solids,
4 poisons, oxidizing or corrosive materials, and compressed
5 gases.
6 (21) Long-term lease. "Long-term lease" means a lease
7 of a commercial motor vehicle by the owner-lessor to a
8 lessee, for a period of more than 29 days.
9 (22) Motor Vehicle. "Motor vehicle" means every vehicle
10 which is self-propelled, and every vehicle which is propelled
11 by electric power obtained from over head trolley wires but
12 not operated upon rails, except vehicles moved solely by
13 human power and motorized wheel chairs.
14 (23) Non-resident CDL. "Non-resident CDL" means a
15 commercial driver's license issued by a state to an
16 individual who is domiciled in a foreign jurisdiction.
17 (24) (Blank).
18 (25) (Blank).
19 (25.5) Railroad-Highway Grade Crossing Violation.
20 "Railroad-highway grade crossing violation" means a
21 violation, while operating a commercial motor vehicle, of any
22 of the following:
23 (A) Section 11-1201, 11-1202, or 11-1425 of
24 this Code.
25 (B) (C) (D) (E) (F) (G) (H) Any other similar
26 law or local ordinance of any state relating to
27 railroad-highway grade crossing. (A) (G)
28 (26) Serious Traffic Violation. "Serious traffic
29 violation" means:
30 (A) a conviction when operating a commercial motor
31 vehicle of:
32 (i) a violation relating to excessive
33 speeding, involving a single speeding charge of 15
34 miles per hour or more above the legal speed limit;
-432- LRB093 05878 EFG 05971 b
1 or
2 (ii) a violation relating to reckless driving;
3 or
4 (iii) a violation of any State law or local
5 ordinance relating to motor vehicle traffic control
6 (other than parking violations) arising in
7 connection with a fatal traffic accident; or
8 (iv) a violation of Section 6-501, relating to
9 having multiple driver's licenses; or
10 (v) a violation of paragraph (a) of Section
11 6-507, relating to the requirement to have a valid
12 CDL; or
13 (vi) a violation relating to improper or
14 erratic traffic lane changes; or
15 (vii) a violation relating to following
16 another vehicle too closely; or
17 (B) any other similar violation of a law or local
18 ordinance of any state relating to motor vehicle traffic
19 control, other than a parking violation, which the
20 Secretary of State determines by administrative rule to
21 be serious.
22 (27) State. "State" means a state of the United States,
23 the District of Columbia and any province or territory of
24 Canada.
25 (28) (Blank).
26 (29) (Blank).
27 (30) (Blank).
28 (31) (Blank).
29 (Source: P.A. 92-249, eff. 1-1-02; 92-651, eff. 7-11-02;
30 92-834, eff. 8-22-02; revised 8-26-02.)
31 (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
32 Sec. 11-605. Special speed limit while passing schools or
33 while traveling through highway construction or maintenance
-433- LRB093 05878 EFG 05971 b
1 zones.
2 (a) For the purpose of this Section, "school" means the
3 following entities:
4 (1) A public or private primary or secondary
5 school.
6 (2) A primary or secondary school operated by a
7 religious institution.
8 (3) A public, private, or religious nursery school.
9 On a school day when school children are present and so
10 close thereto that a potential hazard exists because of the
11 close proximity of the motorized traffic, no person shall
12 drive a motor vehicle at a speed in excess of 20 miles per
13 hour while passing a school zone or while traveling on a
14 roadway on public school property or upon any public
15 thoroughfare where children pass going to and from school.
16 For the purpose of this Section a school day shall begin
17 at seven ante meridian and shall conclude at four post
18 meridian.
19 This Section shall not be applicable unless appropriate
20 signs are posted upon streets and highways under their
21 respective jurisdiction and maintained by the Department,
22 township, county, park district, city, village or
23 incorporated town wherein the school zone is located. With
24 regard to the special speed limit while passing schools, such
25 signs shall give proper due warning that a school zone is
26 being approached and shall indicate the school zone and the
27 maximum speed limit in effect during school days when school
28 children are present.
29 (b) No person shall operate a motor vehicle in a
30 construction or maintenance zone at a speed in excess of the
31 posted speed limit when workers are present and so close to
32 the moving traffic that a potential hazard exists because of
33 the motorized traffic.
34 (c) Nothing in this Chapter shall prohibit the use of
-434- LRB093 05878 EFG 05971 b
1 electronic speed-detecting devices within 500 feet of signs
2 within a special school speed zone or a construction or
3 maintenance zone indicating such zone, as defined in this
4 Section, nor shall evidence obtained thereby be inadmissible
5 in any prosecution for speeding provided the use of such
6 device shall apply only to the enforcement of the speed limit
7 in such special school speed zone or a construction or
8 maintenance zone.
9 (d) For the purpose of this Section, a construction or
10 maintenance zone is an area in which the Department, Toll
11 Highway Authority, or local agency has determined that the
12 preexisting established speed limit through a highway
13 construction or maintenance project is greater than is
14 reasonable or safe with respect to the conditions expected to
15 exist in the construction or maintenance zone and has posted
16 a lower speed limit with a highway construction or
17 maintenance zone special speed limit sign.
18 Highway construction or maintenance zone special speed
19 limit signs shall be of a design approved by the Department.
20 The signs shall give proper due warning that a construction
21 or maintenance zone is being approached and shall indicate
22 the maximum speed limit in effect. The signs shall also
23 state the amount of the minimum fine for a violation when
24 workers are present.
25 (e) A first violation of this Section is a petty offense
26 with a minimum fine of $150. A second or subsequent
27 violation of this Section is a petty offense with a minimum
28 fine of $300.
29 (f) When a fine for a violation of subsection (a) is
30 $150 or greater, the person who violates subsection (a) shall
31 be charged an additional $50 to be paid to the unit school
32 district where the violation occurred for school safety
33 purposes. If the violation occurred in a dual school
34 district, $25 of the surcharge shall be paid to the
-435- LRB093 05878 EFG 05971 b
1 elementary school district for school safety purposes and $25
2 of the surcharge shall be paid to the high school district
3 for school safety purposes. Notwithstanding any other
4 provision of law, the entire $50 surcharge shall be paid to
5 the appropriate school district or districts.
6 For purposes of this subsection (f), "school safety
7 purposes" includes the costs associated with school zone
8 safety education and the purchase, installation, and
9 maintenance of caution lights which are mounted on school
10 speed zone signs.
11 (g) When a fine for a violation of subsection (b) is
12 $150 or greater, the person who violates subsection (b) shall
13 be charged an additional $50. The $50 surcharge shall be
14 deposited into the Transportation Safety Highway Hire-back
15 Fund.
16 (h) The Transportation Safety Highway Hire-back Fund is
17 created as a special fund in the State treasury. Subject to
18 appropriation by the General Assembly and approval by the
19 Secretary, the Secretary of Transportation shall use all
20 moneys in the Transportation Safety Highway Hire-back Fund to
21 hire off-duty Department of State Police officers to monitor
22 construction or maintenance zones.
23 (Source: P.A. 91-531, eff. 1-1-00; 92-242, eff. 1-1-02;
24 92-619, eff. 1-1-03; 92-780, eff. 8-6-02; revised 8-22-02.)
25 (625 ILCS 5/11-1201) (from Ch. 95 1/2, par. 11-1201)
26 Sec. 11-1201. Obedience to signal indicating approach of
27 train.
28 (a) Whenever any person driving a vehicle approaches a
29 railroad grade crossing where the driver is not always
30 required to stop, the person must exercise due care and
31 caution as the existence of a railroad track across a highway
32 is a warning of danger, and under any of the circumstances
33 stated in this Section, the driver shall stop within 50 feet
-436- LRB093 05878 EFG 05971 b
1 but not less than 15 feet from the nearest rail of the
2 railroad and shall not proceed until the tracks are clear and
3 he or she can do so safely. The foregoing requirements shall
4 apply when:
5 1. A clearly visible electric or mechanical signal
6 device gives warning of the immediate approach of a
7 railroad train;
8 2. A crossing gate is lowered or a human flagman
9 gives or continues to give a signal of the approach or
10 passage of a railroad train;
11 3. A railroad train approaching a highway crossing
12 emits a warning signal and such railroad train, by reason
13 of its speed or nearness to such crossing, is an
14 immediate hazard;
15 4. An approaching railroad train is plainly visible
16 and is in hazardous proximity to such crossing;
17 5. A railroad train is approaching so closely that
18 an immediate hazard is created.
19 (a-5) Whenever a person driving a vehicle approaches a
20 railroad grade crossing where the driver is not always
21 required to stop but must slow down, the person must exercise
22 due care and caution as the existence of a railroad track
23 across a highway is a warning of danger, and under any of the
24 circumstances stated in this Section, the driver shall slow
25 down within 50 feet but not less than 15 feet from the
26 nearest rail of the railroad and shall not proceed until he
27 or she checks that the tracks are clear of an approaching
28 train.
29 (b) No person shall drive any vehicle through, around or
30 under any crossing gate or barrier at a railroad crossing
31 while such gate or barrier is closed or is being opened or
32 closed.
33 (c) The Department, and local authorities with the
34 approval of the Department, are hereby authorized to
-437- LRB093 05878 EFG 05971 b
1 designate particularly dangerous highway grade crossings of
2 railroads and to erect stop signs thereat. When such stop
3 signs are erected the driver of any vehicle shall stop within
4 50 feet but not less than 15 feet from the nearest rail of
5 such railroad and shall proceed only upon exercising due
6 care.
7 (d) At any railroad grade crossing provided with
8 railroad crossbuck signs, without automatic, electric, or
9 mechanical signal devices, crossing gates, or a human flagman
10 giving a signal of the approach or passage of a train, the
11 driver of a vehicle shall in obedience to the railroad
12 crossbuck sign, yield the right-of-way and slow down to a
13 speed reasonable for the existing conditions and shall stop,
14 if required for safety, at a clearly marked stopped line, or
15 if no stop line, within 50 feet but not less than 15 feet
16 from the nearest rail of the railroad and shall not proceed
17 until he or she can do so safely. If a driver is involved in
18 a collision at a railroad crossing or interferes with the
19 movement of a train after driving past the railroad crossbuck
20 sign, the collision or interference is prima facie evidence
21 of the driver's failure to yield right-of-way.
22 (d-1) No person shall, while driving a commercial motor
23 vehicle, fail to negotiate a railroad-highway grade railroad
24 crossing because of insufficient undercarriage clearance.
25 (d-5) (Blank).
26 (e) It is unlawful to violate any part of this Section.
27 (1) A violation of this Section is a petty offense
28 for which a fine of $250 shall be imposed for a first
29 violation, and a fine of $500 shall be imposed for a
30 second or subsequent violation. The court may impose 25
31 hours of community service in place of the $250 fine for
32 the first violation.
33 (2) For a second or subsequent violation, the
34 Secretary of State may suspend the driving privileges of
-438- LRB093 05878 EFG 05971 b
1 the offender for a minimum of 6 months.
2 (f) Corporate authorities of municipal corporations
3 regulating operators of vehicles that fail to obey signals
4 indicating the presence, approach, passage, or departure of a
5 train shall impose fines as established in subsection (e) of
6 this Section.
7 (Source: P.A. 92-245, eff. 8-3-01; 92-249, eff. 1-1-02;
8 92-651, eff. 7-11-02; 92-814, eff. 1-1-03; 92-834, eff.
9 8-22-02; revised 8-26-02.)
10 (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
11 (Text of Section before amendment by P.A. 92-872)
12 Sec. 12-215. Oscillating, rotating or flashing lights on
13 motor vehicles. Except as otherwise provided in this Code:
14 (a) The use of red or white oscillating, rotating or
15 flashing lights, whether lighted or unlighted, is prohibited
16 except on:
17 1. Law enforcement vehicles of State, Federal or
18 local authorities;
19 2. A vehicle operated by a police officer or county
20 coroner and designated or authorized by local
21 authorities, in writing, as a law enforcement vehicle;
22 however, such designation or authorization must be
23 carried in the vehicle;
24 3. Vehicles of local fire departments and State or
25 federal firefighting vehicles;
26 4. Vehicles which are designed and used exclusively
27 as ambulances or rescue vehicles; furthermore, such
28 lights shall not be lighted except when responding to an
29 emergency call for and while actually conveying the sick
30 or injured;
31 5. Tow trucks licensed in a state that requires
32 such lights; furthermore, such lights shall not be
33 lighted on any such tow truck while the tow truck is
-439- LRB093 05878 EFG 05971 b
1 operating in the State of Illinois;
2 6. Vehicles of the Illinois Emergency Management
3 Agency, and vehicles of the Department of Nuclear Safety;
4 and
5 7. Vehicles operated by a local or county emergency
6 management services agency as defined in the Illinois
7 Emergency Management Agency Act.
8 (b) The use of amber oscillating, rotating or flashing
9 lights, whether lighted or unlighted, is prohibited except
10 on:
11 1. Second division vehicles designed and used for
12 towing or hoisting vehicles; furthermore, such lights
13 shall not be lighted except as required in this paragraph
14 1; such lights shall be lighted when such vehicles are
15 actually being used at the scene of an accident or
16 disablement; if the towing vehicle is equipped with a
17 flat bed that supports all wheels of the vehicle being
18 transported, the lights shall not be lighted while the
19 vehicle is engaged in towing on a highway; if the towing
20 vehicle is not equipped with a flat bed that supports all
21 wheels of a vehicle being transported, the lights shall
22 be lighted while the towing vehicle is engaged in towing
23 on a highway during all times when the use of headlights
24 is required under Section 12-201 of this Code;
25 2. Motor vehicles or equipment of the State of
26 Illinois, local authorities and contractors; furthermore,
27 such lights shall not be lighted except while such
28 vehicles are engaged in maintenance or construction
29 operations within the limits of construction projects;
30 3. Vehicles or equipment used by engineering or
31 survey crews; furthermore, such lights shall not be
32 lighted except while such vehicles are actually engaged
33 in work on a highway;
34 4. Vehicles of public utilities, municipalities, or
-440- LRB093 05878 EFG 05971 b
1 other construction, maintenance or automotive service
2 vehicles except that such lights shall be lighted only as
3 a means for indicating the presence of a vehicular
4 traffic hazard requiring unusual care in approaching,
5 overtaking or passing while such vehicles are engaged in
6 maintenance, service or construction on a highway;
7 5. Oversized vehicle or load; however, such lights
8 shall only be lighted when moving under permit issued by
9 the Department under Section 15-301 of this Code;
10 6. The front and rear of motorized equipment owned
11 and operated by the State of Illinois or any political
12 subdivision thereof, which is designed and used for
13 removal of snow and ice from highways;
14 7. Fleet safety vehicles registered in another
15 state, furthermore, such lights shall not be lighted
16 except as provided for in Section 12-212 of this Code;
17 8. Such other vehicles as may be authorized by
18 local authorities;
19 9. Law enforcement vehicles of State or local
20 authorities when used in combination with red
21 oscillating, rotating or flashing lights;
22 9.5. Propane delivery trucks;
23 10. Vehicles used for collecting or delivering mail
24 for the United States Postal Service provided that such
25 lights shall not be lighted except when such vehicles are
26 actually being used for such purposes;
27 11. Any vehicle displaying a slow-moving vehicle
28 emblem as provided in Section 12-205.1;
29 12. All trucks equipped with self-compactors or
30 roll-off hoists and roll-on containers for garbage or
31 refuse hauling. Such lights shall not be lighted except
32 when such vehicles are actually being used for such
33 purposes;
34 13. Vehicles used by a security company, alarm
-441- LRB093 05878 EFG 05971 b
1 responder, or control agency; and
2 14. Security vehicles of the Department of Human
3 Services; however, the lights shall not be lighted except
4 when being used for security related purposes under the
5 direction of the superintendent of the facility where the
6 vehicle is located.
7 (c) The use of blue oscillating, rotating or flashing
8 lights, whether lighted or unlighted, is prohibited except
9 on:
10 1. Rescue squad vehicles not owned by a fire
11 department and vehicles owned or fully operated by a:
12 voluntary firefighter;
13 paid firefighter;
14 part-paid firefighter;
15 call firefighter;
16 member of the board of trustees of a fire
17 protection district;
18 paid or unpaid member of a rescue squad;
19 paid or unpaid member of a voluntary ambulance
20 unit; or
21 paid or unpaid members of a local or county
22 emergency management services agency as defined in
23 the Illinois Emergency Management Agency Act,
24 designated or authorized by local authorities, in
25 writing, and carrying that designation or
26 authorization in the vehicle.
27 However, such lights are not to be lighted except
28 when responding to a bona fide emergency.
29 2. Police department vehicles in cities having a
30 population of 500,000 or more inhabitants.
31 3. Law enforcement vehicles of State or local
32 authorities when used in combination with red
33 oscillating, rotating or flashing lights.
34 4. Vehicles of local fire departments and State or
-442- LRB093 05878 EFG 05971 b
1 federal firefighting vehicles when used in combination
2 with red oscillating, rotating or flashing lights.
3 5. Vehicles which are designed and used exclusively
4 as ambulances or rescue vehicles when used in combination
5 with red oscillating, rotating or flashing lights;
6 furthermore, such lights shall not be lighted except when
7 responding to an emergency call.
8 6. Vehicles that are equipped and used exclusively
9 as organ transport vehicles when used in combination with
10 red oscillating, rotating, or flashing lights;
11 furthermore, these lights shall only be lighted when the
12 transportation is declared an emergency by a member of
13 the transplant team or a representative of the organ
14 procurement organization.
15 7. Vehicles of the Illinois Emergency Management
16 Agency and vehicles of the Department of Nuclear Safety,
17 when used in combination with red oscillating, rotating,
18 or flashing lights.
19 8. Vehicles operated by a local or county emergency
20 management services agency as defined in the Illinois
21 Emergency Management Agency Act, when used in combination
22 with red oscillating, rotating, or flashing lights.
23 (c-1) In addition to the blue oscillating, rotating, or
24 flashing lights permitted under subsection (c), and
25 notwithstanding subsection (a), a vehicle operated by a
26 voluntary firefighter may be equipped with flashing white
27 headlights and blue grill lights, which may be used only in
28 responding to an emergency call.
29 (c-2) In addition to the blue oscillating, rotating, or
30 flashing lights permitted under subsection (c), and
31 notwithstanding subsection (a), a vehicle operated by a paid
32 or unpaid member of a local or county emergency management
33 services agency as defined in the Illinois Emergency
34 Management Agency Act, may be equipped with white
-443- LRB093 05878 EFG 05971 b
1 oscillating, rotating, or flashing lights to be used in
2 combination with blue oscillating, rotating, or flashing
3 lights, if authorization by local authorities is in writing
4 and carried in the vehicle.
5 (d) The use of a combination of amber and white
6 oscillating, rotating or flashing lights, whether lighted or
7 unlighted, is prohibited, except motor vehicles or equipment
8 of the State of Illinois, local authorities and contractors
9 may be so equipped; furthermore, such lights shall not be
10 lighted except while such vehicles are engaged in highway
11 maintenance or construction operations within the limits of
12 highway construction projects.
13 (e) All oscillating, rotating or flashing lights
14 referred to in this Section shall be of sufficient intensity,
15 when illuminated, to be visible at 500 feet in normal
16 sunlight.
17 (f) Nothing in this Section shall prohibit a
18 manufacturer of oscillating, rotating or flashing lights or
19 his representative from temporarily mounting such lights on a
20 vehicle for demonstration purposes only.
21 (g) Any person violating the provisions of subsections
22 (a), (b), (c) or (d) of this Section who without lawful
23 authority stops or detains or attempts to stop or detain
24 another person shall be guilty of a Class 4 felony.
25 (h) Except as provided in subsection (g) above, any
26 person violating the provisions of subsections (a) or (c) of
27 this Section shall be guilty of a Class A misdemeanor.
28 (Source: P.A. 91-357, eff. 7-29-99; 92-138, eff. 7-24-01;
29 92-407, eff. 8-17-01; 92-651, eff. 7-11-02; 92-782, eff.
30 8-6-02; 92-820, eff. 8-21-02; revised 8-26-02.)
31 (Text of Section after amendment by P.A. 92-872)
32 Sec. 12-215. Oscillating, rotating or flashing lights on
33 motor vehicles. Except as otherwise provided in this Code:
34 (a) The use of red or white oscillating, rotating or
-444- LRB093 05878 EFG 05971 b
1 flashing lights, whether lighted or unlighted, is prohibited
2 except on:
3 1. Law enforcement vehicles of State, Federal or
4 local authorities;
5 2. A vehicle operated by a police officer or county
6 coroner and designated or authorized by local
7 authorities, in writing, as a law enforcement vehicle;
8 however, such designation or authorization must be
9 carried in the vehicle;
10 3. Vehicles of local fire departments and State or
11 federal firefighting vehicles;
12 4. Vehicles which are designed and used exclusively
13 as ambulances or rescue vehicles; furthermore, such
14 lights shall not be lighted except when responding to an
15 emergency call for and while actually conveying the sick
16 or injured;
17 5. Tow trucks licensed in a state that requires
18 such lights; furthermore, such lights shall not be
19 lighted on any such tow truck while the tow truck is
20 operating in the State of Illinois;
21 6. Vehicles of the Illinois Emergency Management
22 Agency, and vehicles of the Department of Nuclear Safety;
23 and
24 7. Vehicles operated by a local or county emergency
25 management services agency as defined in the Illinois
26 Emergency Management Agency Act.
27 (b) The use of amber oscillating, rotating or flashing
28 lights, whether lighted or unlighted, is prohibited except
29 on:
30 1. Second division vehicles designed and used for
31 towing or hoisting vehicles; furthermore, such lights
32 shall not be lighted except as required in this paragraph
33 1; such lights shall be lighted when such vehicles are
34 actually being used at the scene of an accident or
-445- LRB093 05878 EFG 05971 b
1 disablement; if the towing vehicle is equipped with a
2 flat bed that supports all wheels of the vehicle being
3 transported, the lights shall not be lighted while the
4 vehicle is engaged in towing on a highway; if the towing
5 vehicle is not equipped with a flat bed that supports all
6 wheels of a vehicle being transported, the lights shall
7 be lighted while the towing vehicle is engaged in towing
8 on a highway during all times when the use of headlights
9 is required under Section 12-201 of this Code;
10 2. Motor vehicles or equipment of the State of
11 Illinois, local authorities and contractors; furthermore,
12 such lights shall not be lighted except while such
13 vehicles are engaged in maintenance or construction
14 operations within the limits of construction projects;
15 3. Vehicles or equipment used by engineering or
16 survey crews; furthermore, such lights shall not be
17 lighted except while such vehicles are actually engaged
18 in work on a highway;
19 4. Vehicles of public utilities, municipalities, or
20 other construction, maintenance or automotive service
21 vehicles except that such lights shall be lighted only as
22 a means for indicating the presence of a vehicular
23 traffic hazard requiring unusual care in approaching,
24 overtaking or passing while such vehicles are engaged in
25 maintenance, service or construction on a highway;
26 5. Oversized vehicle or load; however, such lights
27 shall only be lighted when moving under permit issued by
28 the Department under Section 15-301 of this Code;
29 6. The front and rear of motorized equipment owned
30 and operated by the State of Illinois or any political
31 subdivision thereof, which is designed and used for
32 removal of snow and ice from highways;
33 7. Fleet safety vehicles registered in another
34 state, furthermore, such lights shall not be lighted
-446- LRB093 05878 EFG 05971 b
1 except as provided for in Section 12-212 of this Code;
2 8. Such other vehicles as may be authorized by
3 local authorities;
4 9. Law enforcement vehicles of State or local
5 authorities when used in combination with red
6 oscillating, rotating or flashing lights;
7 9.5. Propane delivery trucks;
8 10. Vehicles used for collecting or delivering mail
9 for the United States Postal Service provided that such
10 lights shall not be lighted except when such vehicles are
11 actually being used for such purposes;
12 11. Any vehicle displaying a slow-moving vehicle
13 emblem as provided in Section 12-205.1;
14 12. All trucks equipped with self-compactors or
15 roll-off hoists and roll-on containers for garbage or
16 refuse hauling. Such lights shall not be lighted except
17 when such vehicles are actually being used for such
18 purposes;
19 13. Vehicles used by a security company, alarm
20 responder, or control agency;
21 14. Security vehicles of the Department of Human
22 Services; however, the lights shall not be lighted except
23 when being used for security related purposes under the
24 direction of the superintendent of the facility where the
25 vehicle is located; and
26 15. Vehicles of union representatives, except that
27 the lights shall be lighted only while the vehicle is
28 within the limits of a construction project.
29 (c) The use of blue oscillating, rotating or flashing
30 lights, whether lighted or unlighted, is prohibited except
31 on:
32 1. Rescue squad vehicles not owned by a fire
33 department and vehicles owned or fully operated by a:
34 voluntary firefighter;
-447- LRB093 05878 EFG 05971 b
1 paid firefighter;
2 part-paid firefighter;
3 call firefighter;
4 member of the board of trustees of a fire
5 protection district;
6 paid or unpaid member of a rescue squad;
7 paid or unpaid member of a voluntary ambulance
8 unit; or
9 paid or unpaid members of a local or county
10 emergency management services agency as defined in
11 the Illinois Emergency Management Agency Act,
12 designated or authorized by local authorities, in
13 writing, and carrying that designation or
14 authorization in the vehicle.
15 However, such lights are not to be lighted except
16 when responding to a bona fide emergency.
17 2. Police department vehicles in cities having a
18 population of 500,000 or more inhabitants.
19 3. Law enforcement vehicles of State or local
20 authorities when used in combination with red
21 oscillating, rotating or flashing lights.
22 4. Vehicles of local fire departments and State or
23 federal firefighting vehicles when used in combination
24 with red oscillating, rotating or flashing lights.
25 5. Vehicles which are designed and used exclusively
26 as ambulances or rescue vehicles when used in combination
27 with red oscillating, rotating or flashing lights;
28 furthermore, such lights shall not be lighted except when
29 responding to an emergency call.
30 6. Vehicles that are equipped and used exclusively
31 as organ transport vehicles when used in combination with
32 red oscillating, rotating, or flashing lights;
33 furthermore, these lights shall only be lighted when the
34 transportation is declared an emergency by a member of
-448- LRB093 05878 EFG 05971 b
1 the transplant team or a representative of the organ
2 procurement organization.
3 7. Vehicles of the Illinois Emergency Management
4 Agency and vehicles of the Department of Nuclear Safety,
5 when used in combination with red oscillating, rotating,
6 or flashing lights.
7 8. Vehicles operated by a local or county emergency
8 management services agency as defined in the Illinois
9 Emergency Management Agency Act, when used in combination
10 with red oscillating, rotating, or flashing lights.
11 (c-1) In addition to the blue oscillating, rotating, or
12 flashing lights permitted under subsection (c), and
13 notwithstanding subsection (a), a vehicle operated by a
14 voluntary firefighter, a voluntary member of a rescue squad,
15 or a member of a voluntary ambulance unit may be equipped
16 with flashing white headlights and blue grill lights, which
17 may be used only in responding to an emergency call.
18 (c-2) In addition to the blue oscillating, rotating, or
19 flashing lights permitted under subsection (c), and
20 notwithstanding subsection (a), a vehicle operated by a paid
21 or unpaid member of a local or county emergency management
22 services agency as defined in the Illinois Emergency
23 Management Agency Act, may be equipped with white
24 oscillating, rotating, or flashing lights to be used in
25 combination with blue oscillating, rotating, or flashing
26 lights, if authorization by local authorities is in writing
27 and carried in the vehicle.
28 (d) The use of a combination of amber and white
29 oscillating, rotating or flashing lights, whether lighted or
30 unlighted, is prohibited except motor vehicles or equipment
31 of the State of Illinois, local authorities, contractors, and
32 union representatives may be so equipped; furthermore, such
33 lights shall not be lighted on vehicles of the State of
34 Illinois, local authorities, and contractors except while
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1 such vehicles are engaged in highway maintenance or
2 construction operations within the limits of highway
3 construction projects, and shall not be lighted on the
4 vehicles of union representatives except when those vehicles
5 are within the limits of a construction project.
6 (e) All oscillating, rotating or flashing lights
7 referred to in this Section shall be of sufficient intensity,
8 when illuminated, to be visible at 500 feet in normal
9 sunlight.
10 (f) Nothing in this Section shall prohibit a
11 manufacturer of oscillating, rotating or flashing lights or
12 his representative from temporarily mounting such lights on a
13 vehicle for demonstration purposes only.
14 (g) Any person violating the provisions of subsections
15 (a), (b), (c) or (d) of this Section who without lawful
16 authority stops or detains or attempts to stop or detain
17 another person shall be guilty of a Class 4 felony.
18 (h) Except as provided in subsection (g) above, any
19 person violating the provisions of subsections (a) or (c) of
20 this Section shall be guilty of a Class A misdemeanor.
21 (Source: P.A. 91-357, eff. 7-29-99; 92-138, eff. 7-24-01;
22 92-407, eff. 8-17-01; 92-651, eff. 7-11-02; 92-782, eff.
23 8-6-02; 92-820, eff. 8-21-02; 92-872, eff. 6-1-03; revised
24 1-10-03.)
25 (625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
26 Sec. 18b-105. Rules and Regulations.
27 (a) The Department is authorized to make and adopt
28 reasonable rules and regulations and orders consistent with
29 law necessary to carry out the provisions of this Chapter.
30 (b) The following parts of Title 49 of the Code of
31 Federal Regulations, as now in effect, are hereby adopted by
32 reference as though they were set out in full:
33 Part 383 - Commercial Driver's License Standards,
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1 Requirements, and Penalties;
2 Part 385 - Safety Fitness Procedures;
3 Part 390 - Federal Motor Carrier Safety Regulations:
4 General;
5 Part 391 - Qualifications of Drivers;
6 Part 392 - Driving of Motor Vehicles;
7 Part 393 - Parts and Accessories Necessary for Safe
8 Operation;
9 Part 395 - Hours of Service of Drivers, except as
10 provided in Section 18b-106.1; and
11 Part 396 - Inspection, Repair and Maintenance.
12 (b-5) Individuals who meet the requirements set forth in
13 the definition of "medical examiner" in Section 390.5 of Part
14 390 of Title 49 of the Code of Federal Regulations may act as
15 medical examiners in accordance with Part 391 of Title 49 of
16 the Code of Federal Regulations.
17 (c) The following parts and Sections of the Federal
18 Motor Carrier Safety Regulations shall not apply to those
19 intrastate carriers, drivers or vehicles subject to
20 subsection (b).
21 (1) Section 393.93 of Part 393 for those vehicles
22 manufactured before June 30, 1972.
23 (2) Section 393.86 of Part 393 for those vehicles
24 which are registered as farm trucks under subsection (c)
25 of Section 3-815 of this Code.
26 (3) (Blank).
27 (4) (Blank).
28 (5) Paragraph (b)(1) of Section 391.11 of Part 391.
29 (6) All of Part 395 for all agricultural movements
30 as defined in Chapter 1, between the period of February 1
31 through November 30 each year, and all farm to market
32 agricultural transportation as defined in Chapter 1 and
33 for grain hauling operations within a radius of 200 air
34 miles of the normal work reporting location.
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1 (7) Paragraphs (b)(3) (insulin dependent diabetic)
2 and (b)(10) (minimum visual acuity) of Section 391.41 of
3 part 391, but only for any driver who immediately prior
4 to July 29, 1986 was eligible and licensed to operate a
5 motor vehicle subject to this Section and was engaged in
6 operating such vehicles, and who was disqualified on July
7 29, 1986 by the adoption of Part 391 by reason of the
8 application of paragraphs (b)(3) and (b)(10) of Section
9 391.41 with respect to a physical condition existing at
10 that time unless such driver has a record of accidents
11 which would indicate a lack of ability to operate a motor
12 vehicle in a safe manner.
13 (d) Intrastate carriers subject to the recording
14 provisions of Section 395.8 of Part 395 of the Federal Motor
15 Carrier Safety Regulations shall be exempt as established
16 under paragraph (1) of Section 395.8; provided, however, for
17 the purpose of this Code, drivers shall operate within a 150
18 air-mile radius of the normal work reporting location to
19 qualify for exempt status.
20 (e) Regulations adopted by the Department subsequent to
21 those adopted under subsection (b) hereof shall be identical
22 in substance to the Federal Motor Carrier Safety Regulations
23 of the United States Department of Transportation and adopted
24 in accordance with the procedures for rulemaking in Section
25 5-35 of the Illinois Administrative Procedure Act.
26 (Source: P.A. 91-179, eff. 1-1-00; 92-108; eff. 1-1-02;
27 92-249; eff. 1-1-02; 92-651, eff. 7-11-02; 92-703, eff.
28 7-19-02; revised 7-30-02.)
29 Section 49. The Criminal Code of 1961 is amended by
30 renumbering Section 2-.5 and changing Sections 3-6, 12-2,
31 12-4, and 17-1 as follows:
32 (720 ILCS 5/2-0.5) (was 720 ILCS 5/2-.5)
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1 Sec. 2-0.5. 2-.5. For the purposes of this Code, the
2 words and phrases described in this Article have the meanings
3 designated in this Article, except when a particular context
4 clearly requires a different meaning.
5 (Source: Laws 1961, p. 1983; revised 6-10-02.)
6 (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
7 Sec. 3-6. Extended limitations. The period within which
8 a prosecution must be commenced under the provisions of
9 Section 3-5 or other applicable statute is extended under the
10 following conditions:
11 (a) A prosecution for theft involving a breach of a
12 fiduciary obligation to the aggrieved person may be commenced
13 as follows:
14 (1) If the aggrieved person is a minor or a person
15 under legal disability, then during the minority or legal
16 disability or within one year after the termination
17 thereof.
18 (2) In any other instance, within one year after
19 the discovery of the offense by an aggrieved person, or
20 by a person who has legal capacity to represent an
21 aggrieved person or has a legal duty to report the
22 offense, and is not himself or herself a party to the
23 offense; or in the absence of such discovery, within one
24 year after the proper prosecuting officer becomes aware
25 of the offense. However, in no such case is the period of
26 limitation so extended more than 3 years beyond the
27 expiration of the period otherwise applicable.
28 (b) A prosecution for any offense based upon misconduct
29 in office by a public officer or employee may be commenced
30 within one year after discovery of the offense by a person
31 having a legal duty to report such offense, or in the absence
32 of such discovery, within one year after the proper
33 prosecuting officer becomes aware of the offense. However, in
-453- LRB093 05878 EFG 05971 b
1 no such case is the period of limitation so extended more
2 than 3 years beyond the expiration of the period otherwise
3 applicable.
4 (c) Except as otherwise provided in subsection (a) of
5 Section 3-5 of this Code and subdivision (i) or (j) of this
6 Section, a prosecution for any offense involving sexual
7 conduct or sexual penetration, as defined in Section 12-12 of
8 this Code, where the victim and defendant are family members,
9 as defined in Section 12-12 of this Code, may be commenced
10 within one year of the victim attaining the age of 18 years.
11 (d) A prosecution for child pornography, indecent
12 solicitation of a child, soliciting for a juvenile
13 prostitute, juvenile pimping or exploitation of a child may
14 be commenced within one year of the victim attaining the age
15 of 18 years. However, in no such case shall the time period
16 for prosecution expire sooner than 3 years after the
17 commission of the offense. When the victim is under 18 years
18 of age, a prosecution for criminal sexual abuse may be
19 commenced within one year of the victim attaining the age of
20 18 years. However, in no such case shall the time period for
21 prosecution expire sooner than 3 years after the commission
22 of the offense.
23 (e) Except as otherwise provided in subdivision (j), a
24 prosecution for any offense involving sexual conduct or
25 sexual penetration, as defined in Section 12-12 of this Code,
26 where the defendant was within a professional or fiduciary
27 relationship or a purported professional or fiduciary
28 relationship with the victim at the time of the commission of
29 the offense may be commenced within one year after the
30 discovery of the offense by the victim.
31 (f) A prosecution for any offense set forth in Section
32 44 of the "Environmental Protection Act", approved June 29,
33 1970, as amended, may be commenced within 5 years after the
34 discovery of such an offense by a person or agency having the
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1 legal duty to report the offense or in the absence of such
2 discovery, within 5 years after the proper prosecuting
3 officer becomes aware of the offense.
4 (g) (Blank).
5 (h) (Blank).
6 (i) Except as otherwise provided in subdivision (j), a
7 prosecution for criminal sexual assault, aggravated criminal
8 sexual assault, or aggravated criminal sexual abuse may be
9 commenced within 10 years of the commission of the offense if
10 the victim reported the offense to law enforcement
11 authorities within 2 years after the commission of the
12 offense.
13 Nothing in this subdivision (i) shall be construed to
14 shorten a period within which a prosecution must be commenced
15 under any other provision of this Section.
16 (j) When the victim is under 18 years of age at the time
17 of the offense, a prosecution for criminal sexual assault,
18 aggravated criminal sexual assault, predatory criminal sexual
19 assault of a child, or aggravated criminal sexual abuse or a
20 prosecution for failure of a person who is required to report
21 an alleged or suspected commission of any of these offenses
22 under the Abused and Neglected Child Reporting Act may be
23 commenced within 10 years after the child victim attains 18
24 years of age.
25 Nothing in this subdivision (j) shall be construed to
26 shorten a period within which a prosecution must be commenced
27 under any other provision of this Section.
28 (Source: P.A. 91-475, eff. 1-1-00; 91-801, eff. 6-13-00;
29 92-752, eff. 8-2-02; 92-801, eff. 8-16-02; revised 9-11-02.)
30 (720 ILCS 5/12-2) (from Ch. 38, par. 12-2)
31 Sec. 12-2. Aggravated assault.
32 (a) A person commits an aggravated assault, when, in
33 committing an assault, he:
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1 (1) Uses a deadly weapon or any device manufactured
2 and designed to be substantially similar in appearance to
3 a firearm, other than by discharging a firearm in the
4 direction of another person, a peace officer, a person
5 summoned or directed by a peace officer, a correctional
6 officer or a fireman or in the direction of a vehicle
7 occupied by another person, a peace officer, a person
8 summoned or directed by a peace officer, a correctional
9 officer or a fireman while the officer or fireman is
10 engaged in the execution of any of his official duties,
11 or to prevent the officer or fireman from performing his
12 official duties, or in retaliation for the officer or
13 fireman performing his official duties;
14 (2) Is hooded, robed or masked in such manner as to
15 conceal his identity or any device manufactured and
16 designed to be substantially similar in appearance to a
17 firearm;
18 (3) Knows the individual assaulted to be a teacher
19 or other person employed in any school and such teacher
20 or other employee is upon the grounds of a school or
21 grounds adjacent thereto, or is in any part of a building
22 used for school purposes;
23 (4) Knows the individual assaulted to be a
24 supervisor, director, instructor or other person employed
25 in any park district and such supervisor, director,
26 instructor or other employee is upon the grounds of the
27 park or grounds adjacent thereto, or is in any part of a
28 building used for park purposes;
29 (5) Knows the individual assaulted to be a
30 caseworker, investigator, or other person employed by the
31 State Department of Public Aid, a County Department of
32 Public Aid, or the Department of Human Services (acting
33 as successor to the Illinois Department of Public Aid
34 under the Department of Human Services Act) and such
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1 caseworker, investigator, or other person is upon the
2 grounds of a public aid office or grounds adjacent
3 thereto, or is in any part of a building used for public
4 aid purposes, or upon the grounds of a home of a public
5 aid applicant, recipient or any other person being
6 interviewed or investigated in the employees' discharge
7 of his duties, or on grounds adjacent thereto, or is in
8 any part of a building in which the applicant, recipient,
9 or other such person resides or is located;
10 (6) Knows the individual assaulted to be a peace
11 officer, or a community policing volunteer, or a fireman
12 while the officer or fireman is engaged in the execution
13 of any of his official duties, or to prevent the officer,
14 community policing volunteer, or fireman from performing
15 his official duties, or in retaliation for the officer,
16 community policing volunteer, or fireman performing his
17 official duties, and the assault is committed other than
18 by the discharge of a firearm in the direction of the
19 officer or fireman or in the direction of a vehicle
20 occupied by the officer or fireman;
21 (7) Knows the individual assaulted to be an
22 emergency medical technician - ambulance, emergency
23 medical technician - intermediate, emergency medical
24 technician - paramedic, ambulance driver or other medical
25 assistance or first aid personnel engaged in the
26 execution of any of his official duties, or to prevent
27 the emergency medical technician - ambulance, emergency
28 medical technician - intermediate, emergency medical
29 technician - paramedic, ambulance driver, or other
30 medical assistance or first aid personnel from performing
31 his official duties, or in retaliation for the emergency
32 medical technician - ambulance, emergency medical
33 technician - intermediate, emergency medical technician -
34 paramedic, ambulance driver, or other medical assistance
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1 or first aid personnel performing his official duties;
2 (8) Knows the individual assaulted to be the
3 driver, operator, employee or passenger of any
4 transportation facility or system engaged in the business
5 of transportation of the public for hire and the
6 individual assaulted is then performing in such capacity
7 or then using such public transportation as a passenger
8 or using any area of any description designated by the
9 transportation facility or system as a vehicle boarding,
10 departure, or transfer location;
11 (9) Or the individual assaulted is on or about a
12 public way, public property, or public place of
13 accommodation or amusement;
14 (10) Knows the individual assaulted to be an
15 employee of the State of Illinois, a municipal
16 corporation therein or a political subdivision thereof,
17 engaged in the performance of his authorized duties as
18 such employee;
19 (11) Knowingly and without legal justification,
20 commits an assault on a physically handicapped person;
21 (12) Knowingly and without legal justification,
22 commits an assault on a person 60 years of age or older;
23 (13) Discharges a firearm;
24 (14) Knows the individual assaulted to be a
25 correctional officer, while the officer is engaged in the
26 execution of any of his or her official duties, or to
27 prevent the officer from performing his or her official
28 duties, or in retaliation for the officer performing his
29 or her official duties;
30 (15) Knows the individual assaulted to be a
31 correctional employee or an employee of the Department of
32 Human Services supervising or controlling sexually
33 dangerous persons or sexually violent persons, while the
34 employee is engaged in the execution of any of his or her
-458- LRB093 05878 EFG 05971 b
1 official duties, or to prevent the employee from
2 performing his or her official duties, or in retaliation
3 for the employee performing his or her official duties,
4 and the assault is committed other than by the discharge
5 of a firearm in the direction of the employee or in the
6 direction of a vehicle occupied by the employee; or
7 (16) Knows the individual assaulted to be an
8 employee of a police or sheriff's department engaged in
9 the performance of his or her official duties as such
10 employee.
11 (a-5) A person commits an aggravated assault when he or
12 she knowingly and without lawful justification shines or
13 flashes a laser gunsight or other laser device that is
14 attached or affixed to a firearm, or used in concert with a
15 firearm, so that the laser beam strikes near or in the
16 immediate vicinity of any person.
17 (b) Sentence.
18 Aggravated assault as defined in paragraphs (1) through
19 (5) and (8) through (12) of subsection (a) of this Section is
20 a Class A misdemeanor. Aggravated assault as defined in
21 paragraphs (13), (14), and (15) of subsection (a) of this
22 Section and as defined in subsection (a-5) of this Section is
23 a Class 4 felony. Aggravated assault as defined in
24 paragraphs (6), (7), and (16) of subsection (a) of this
25 Section is a Class A misdemeanor if a firearm is not used in
26 the commission of the assault. Aggravated assault as defined
27 in paragraphs (6), (7), and (16) of subsection (a) of this
28 Section is a Class 4 felony if a firearm is used in the
29 commission of the assault.
30 (Source: P.A. 91-672, eff. 1-1-00; 92-841, eff. 8-22-02;
31 92-865, eff. 1-3-03; revised 1-9-03.)
32 (720 ILCS 5/12-4) (from Ch. 38, par. 12-4)
33 Sec. 12-4. Aggravated Battery.
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1 (a) A person who, in committing a battery, intentionally
2 or knowingly causes great bodily harm, or permanent
3 disability or disfigurement commits aggravated battery.
4 (b) In committing a battery, a person commits aggravated
5 battery if he or she:
6 (1) Uses a deadly weapon other than by the
7 discharge of a firearm;
8 (2) Is hooded, robed or masked, in such manner as
9 to conceal his identity;
10 (3) Knows the individual harmed to be a teacher or
11 other person employed in any school and such teacher or
12 other employee is upon the grounds of a school or grounds
13 adjacent thereto, or is in any part of a building used
14 for school purposes;
15 (4) Knows the individual harmed to be a supervisor,
16 director, instructor or other person employed in any park
17 district and such supervisor, director, instructor or
18 other employee is upon the grounds of the park or grounds
19 adjacent thereto, or is in any part of a building used
20 for park purposes;
21 (5) Knows the individual harmed to be a caseworker,
22 investigator, or other person employed by the State
23 Department of Public Aid, a County Department of Public
24 Aid, or the Department of Human Services (acting as
25 successor to the Illinois Department of Public Aid under
26 the Department of Human Services Act) and such
27 caseworker, investigator, or other person is upon the
28 grounds of a public aid office or grounds adjacent
29 thereto, or is in any part of a building used for public
30 aid purposes, or upon the grounds of a home of a public
31 aid applicant, recipient, or any other person being
32 interviewed or investigated in the employee's discharge
33 of his duties, or on grounds adjacent thereto, or is in
34 any part of a building in which the applicant, recipient,
-460- LRB093 05878 EFG 05971 b
1 or other such person resides or is located;
2 (6) Knows the individual harmed to be a peace
3 officer, a community policing volunteer, a correctional
4 institution employee, an employee of the Department of
5 Human Services supervising or controlling sexually
6 dangerous persons or sexually violent persons, or a
7 fireman while such officer, volunteer, employee or
8 fireman is engaged in the execution of any official
9 duties including arrest or attempted arrest, or to
10 prevent the officer, volunteer, employee or fireman from
11 performing official duties, or in retaliation for the
12 officer, volunteer, employee or fireman performing
13 official duties, and the battery is committed other than
14 by the discharge of a firearm;
15 (7) Knows the individual harmed to be an emergency
16 medical technician - ambulance, emergency medical
17 technician - intermediate, emergency medical technician -
18 paramedic, ambulance driver, other medical assistance,
19 first aid personnel, or hospital emergency room personnel
20 engaged in the performance of any of his or her official
21 duties, or to prevent the emergency medical technician -
22 ambulance, emergency medical technician - intermediate,
23 emergency medical technician - paramedic, ambulance
24 driver, other medical assistance, first aid personnel, or
25 hospital emergency room personnel from performing
26 official duties, or in retaliation for performing
27 official duties;
28 (8) Is, or the person battered is, on or about a
29 public way, public property or public place of
30 accommodation or amusement;
31 (9) Knows the individual harmed to be the driver,
32 operator, employee or passenger of any transportation
33 facility or system engaged in the business of
34 transportation of the public for hire and the individual
-461- LRB093 05878 EFG 05971 b
1 assaulted is then performing in such capacity or then
2 using such public transportation as a passenger or using
3 any area of any description designated by the
4 transportation facility or system as a vehicle boarding,
5 departure, or transfer location;
6 (10) Knowingly and without legal justification and
7 by any means causes bodily harm to an individual of 60
8 years of age or older;
9 (11) Knows the individual harmed is pregnant;
10 (12) Knows the individual harmed to be a judge whom
11 the person intended to harm as a result of the judge's
12 performance of his or her official duties as a judge;
13 (13) Knows the individual harmed to be an employee
14 of the Illinois Department of Children and Family
15 Services engaged in the performance of his authorized
16 duties as such employee;
17 (14) Knows the individual harmed to be a person who
18 is physically handicapped;
19 (15) Knowingly and without legal justification and
20 by any means causes bodily harm to a merchant who detains
21 the person for an alleged commission of retail theft
22 under Section 16A-5 of this Code. In this item (15),
23 "merchant" has the meaning ascribed to it in Section
24 16A-2.4 of this Code;
25 (16) Is, or the person battered is, in any building
26 or other structure used to provide shelter or other
27 services to victims or to the dependent children of
28 victims of domestic violence pursuant to the Illinois
29 Domestic Violence Act of 1986 or the Domestic Violence
30 Shelters Act, or the person battered is within 500 feet
31 of such a building or other structure while going to or
32 from such a building or other structure. "Domestic
33 violence" has the meaning ascribed to it in Section 103
34 of the Illinois Domestic Violence Act of 1986. "Building
-462- LRB093 05878 EFG 05971 b
1 or other structure used to provide shelter" has the
2 meaning ascribed to "shelter" in Section 1 of the
3 Domestic Violence Shelters Act; or
4 (17) Knows the individual harmed to be an employee
5 of a police or sheriff's department engaged in the
6 performance of his or her official duties as such
7 employee.
8 For the purpose of paragraph (14) of subsection (b) of
9 this Section, a physically handicapped person is a person who
10 suffers from a permanent and disabling physical
11 characteristic, resulting from disease, injury, functional
12 disorder or congenital condition.
13 (c) A person who administers to an individual or causes
14 him to take, without his consent or by threat or deception,
15 and for other than medical purposes, any intoxicating,
16 poisonous, stupefying, narcotic, anesthetic, or controlled
17 substance commits aggravated battery.
18 (d) A person who knowingly gives to another person any
19 food that contains any substance or object that is intended
20 to cause physical injury if eaten, commits aggravated
21 battery.
22 (d-3) A person commits aggravated battery when he or she
23 knowingly and without lawful justification shines or flashes
24 a laser gunsight or other laser device that is attached or
25 affixed to a firearm, or used in concert with a firearm, so
26 that the laser beam strikes upon or against the person of
27 another.
28 (d-5) An inmate of a penal institution or a sexually
29 dangerous person or a sexually violent person in the custody
30 of the Department of Human Services who causes or attempts to
31 cause a correctional employee of the penal institution or an
32 employee of the Department of Human Services to come into
33 contact with blood, seminal fluid, urine, or feces, by
34 throwing, tossing, or expelling that fluid or material
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1 commits aggravated battery. For purposes of this subsection
2 (d-5), "correctional employee" means a person who is employed
3 by a penal institution.
4 (e) Sentence.
5 Aggravated battery is a Class 3 felony, except a
6 violation of subsection (a) is a Class 2 felony when the
7 person knows the individual harmed to be a peace officer
8 engaged in the execution of any of his or her official
9 duties, or the battery is to prevent the officer from
10 performing his or her official duties, or in retaliation for
11 the officer performing his or her official duties.
12 (Source: P.A. 91-357, eff. 7-29-99; 91-488, eff. 1-1-00;
13 91-619, eff. 1-1-00; 91-672, eff. 1-1-00; 92-16, eff.
14 6-28-01; 92-516, eff. 1-1-02; 92-841, eff. 8-22-02; 92-865,
15 eff. 1-3-03; revised 1-9-03.)
16 (720 ILCS 5/17-1) (from Ch. 38, par. 17-1)
17 Sec. 17-1. Deceptive practices.
18 (A) Definitions.
19 As used in this Section:
20 (i) A "Financial institution" means any bank,
21 savings and loan association, credit union, or other
22 depository of money, or medium of savings and collective
23 investment.
24 (ii) An "account holder" is any person, having a
25 checking account or savings account in a financial
26 institution.
27 (iii) To act with the "intent to defraud" means to
28 act wilfully, and with the specific intent to deceive or
29 cheat, for the purpose of causing financial loss to
30 another, or to bring some financial gain to oneself. It
31 is not necessary to establish that any person was
32 actually defrauded or deceived.
33 (B) General Deception.
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1 A person commits a deceptive practice when, with intent
2 to defraud, the person does any of the following:
3 (a) He or she causes another, by deception or
4 threat, to execute a document disposing of property or a
5 document by which a pecuniary obligation is incurred., or
6 (b) Being an officer, manager or other person
7 participating in the direction of a financial
8 institution, he or she knowingly receives or permits the
9 receipt of a deposit or other investment, knowing that
10 the institution is insolvent., or
11 (c) He or she knowingly makes or directs another to
12 make a false or deceptive statement addressed to the
13 public for the purpose of promoting the sale of property
14 or services., or
15 (d) With intent to obtain control over property or
16 to pay for property, labor or services of another, or in
17 satisfaction of an obligation for payment of tax under
18 the Retailers' Occupation Tax Act or any other tax due to
19 the State of Illinois, he or she issues or delivers a
20 check or other order upon a real or fictitious depository
21 for the payment of money, knowing that it will not be
22 paid by the depository. Failure to have sufficient funds
23 or credit with the depository when the check or other
24 order is issued or delivered, or when such check or other
25 order is presented for payment and dishonored on each of
26 2 occasions at least 7 days apart, is prima facie
27 evidence that the offender knows that it will not be paid
28 by the depository, and that he or she has the intent to
29 defraud. In this paragraph (d), "property" includes
30 rental property (real or personal).
31 (e) He or she issues or delivers a check or other
32 order upon a real or fictitious depository in an amount
33 exceeding $150 in payment of an amount owed on any credit
34 transaction for property, labor or services, or in
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1 payment of the entire amount owed on any credit
2 transaction for property, labor or services, knowing that
3 it will not be paid by the depository, and thereafter
4 fails to provide funds or credit with the depository in
5 the face amount of the check or order within 7 seven days
6 of receiving actual notice from the depository or payee
7 of the dishonor of the check or order.
8 Sentence.
9 A person convicted of a deceptive practice under
10 paragraph paragraphs (a), (b), (c), (d), or through (e) of
11 this subsection (B), except as otherwise provided by this
12 Section, is guilty of a Class A misdemeanor.
13 A person convicted of a deceptive practice in violation
14 of paragraph (d) a second or subsequent time shall be guilty
15 of a Class 4 felony.
16 A person convicted of deceptive practices in violation of
17 paragraph (d), when the value of the property so obtained, in
18 a single transaction, or in separate transactions within a 90
19 day period, exceeds $150, shall be guilty of a Class 4
20 felony. In the case of a prosecution for separate
21 transactions totaling more than $150 within a 90 day period,
22 such separate transactions shall be alleged in a single
23 charge and provided in a single prosecution.
24 (C) Deception on a Bank or Other Financial Institution.
25 (1) False Statements.
26 1) Any person who, with the intent to defraud, makes or
27 causes to be made, any false statement in writing in order to
28 obtain an account with a bank or other financial institution,
29 or to obtain credit from a bank or other financial
30 institution, knowing such writing to be false, and with the
31 intent that it be relied upon, is guilty of a Class A
32 misdemeanor.
33 For purposes of this subsection (C), a false statement
34 shall mean any false statement representing identity,
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1 address, or employment, or the identity, address or
2 employment of any person, firm or corporation.
3 (2) Possession of Stolen or Fraudulently Obtained
4 Checks.
5 2) Any person who possesses, with the intent to obtain
6 access to funds of another person held in a real or
7 fictitious deposit account at a financial institution, makes
8 a false statement or a misrepresentation to the financial
9 institution, or possesses, transfers, negotiates, or presents
10 for payment a check, draft, or other item purported to direct
11 the financial institution to withdraw or pay funds out of the
12 account holder's deposit account with knowledge that such
13 possession, transfer, negotiation, or presentment is not
14 authorized by the account holder or the issuing financial
15 institution is guilty of a Class A misdemeanor. A person
16 shall be deemed to have been authorized to possess, transfer,
17 negotiate, or present for payment such item if the person was
18 otherwise entitled by law to withdraw or recover funds from
19 the account in question and followed the requisite procedures
20 under the law. In the event that the account holder, upon
21 discovery of the withdrawal or payment, claims that the
22 withdrawal or payment was not authorized, the financial
23 institution may require the account holder to submit an
24 affidavit to that effect on a form satisfactory to the
25 financial institution before the financial institution may be
26 required to credit the account in an amount equal to the
27 amount or amounts that were withdrawn or paid without
28 authorization.
29 Any person who, within any 12 month period, violates this
30 Section with respect to 3 or more checks or orders for the
31 payment of money at the same time or consecutively, each the
32 property of a different account holder or financial
33 institution, is guilty of a Class 4 felony.
34 (3) Possession of Implements of Check Fraud.
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1 Any person who possesses, with the intent to defraud, and
2 without the authority of the account holder or financial
3 institution, any check imprinter, signature imprinter, or
4 "certified" stamp is guilty of a Class A misdemeanor.
5 A person who within any 12 month period violates this
6 subsection (C) as to possession of 3 or more such devices at
7 the same time or consecutively, is guilty of a Class 4
8 felony.
9 (4) Possession of Identification Card.
10 4) Any person, who, with the intent to defraud, possesses
11 any check guarantee card or key card or identification card
12 for cash dispensing machines without the authority of the
13 account holder or financial institution, is guilty of a Class
14 A misdemeanor.
15 A person who, within any 12 month period, violates this
16 Section at the same time or consecutively with respect to 3
17 or more cards, each the property of different account
18 holders, is guilty of a Class 4 felony.
19 A person convicted under this Section, when the value of
20 property so obtained, in a single transaction, or in separate
21 transactions within any 90 day period, exceeds $150 shall be
22 guilty of a Class 4 felony.
23 (Source: P.A. 92-633, eff. 1-1-03; 92-646, eff. 1-1-03;
24 revised 10-3-02.)
25 Section 50. The Code of Criminal Procedure of 1963 is
26 amended by changing Sections 108B-1, 108B-5, 108B-11, and
27 112A-28 as follows:
28 (725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1)
29 Sec. 108B-1. Definitions. For the purpose of this
30 Article:
31 (a) "Aggrieved person" means a person who was a party to
32 any intercepted private communication or any person against
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1 whom the intercept was directed.
2 (b) "Chief Judge" means, when referring to a judge
3 authorized to receive application for, and to enter orders
4 authorizing, interceptions of private communications, the
5 Chief Judge of the Circuit Court wherein the application for
6 order of interception is filed, or a Circuit Judge designated
7 by the Chief Judge to enter these orders. In circuits other
8 than the Cook County Circuit, "Chief Judge" also means, when
9 referring to a judge authorized to receive application for,
10 and to enter orders authorizing, interceptions of private
11 communications, an Associate Judge authorized by Supreme
12 Court Rule to try felony cases who is assigned by the Chief
13 Judge to enter these orders. After assignment by the Chief
14 Judge, an Associate Judge shall have plenary authority to
15 issue orders without additional authorization for each
16 specific application made to him by the State's Attorney
17 until the time the Associate Judge's power is rescinded by
18 the Chief Judge.
19 (c) "Communications common carrier" means any person
20 engaged as a common carrier in the transmission of
21 communications by wire or radio, not including radio
22 broadcasting.
23 (d) "Contents" includes information obtained from a
24 private communication concerning the existence, substance,
25 purport or meaning of the communication, or the identity of a
26 party of the communication.
27 (e) "Court of competent jurisdiction" means any circuit
28 court.
29 (f) "Department" means Illinois Department of State
30 Police.
31 (g) "Director" means Director of the Illinois Department
32 of State Police.
33 (g-1) "Electronic communication" means any transfer of
34 signs, signals, writing, images, sounds, data, or
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1 intelligence of any nature transmitted in whole or part by a
2 wire, radio, pager, computer, or electromagnetic, photo
3 electronic, or photo optical system where the sending and
4 receiving parties intend the electronic communication to be
5 private and the interception, recording, or transcription of
6 the electronic communication is accomplished by a device in a
7 surreptitious manner contrary to the provisions of this
8 Article. "Electronic communication" does not include:
9 (1) any wire or oral communication; or
10 (2) any communication from a tracking device.
11 (h) "Electronic criminal surveillance device" or
12 "eavesdropping device" means any device or apparatus, or
13 computer program including an induction coil, that can be
14 used to intercept private communication other than:
15 (1) Any telephone, telegraph or telecommunication
16 instrument, equipment or facility, or any component of
17 it, furnished to the subscriber or user by a
18 communication common carrier in the ordinary course of
19 its business, or purchased by any person and being used
20 by the subscriber, user or person in the ordinary course
21 of his business, or being used by a communications common
22 carrier in the ordinary course of its business, or by an
23 investigative or law enforcement officer in the ordinary
24 course of his duties; or
25 (2) A hearing aid or similar device being used to
26 correct subnormal hearing to not better than normal.
27 (i) "Electronic criminal surveillance officer" means any
28 law enforcement officer or retired law enforcement officer of
29 the United States or of the State or political subdivision of
30 it, or of another State, or of a political subdivision of it,
31 who is certified by the Illinois Department of State Police
32 to intercept private communications. A retired law
33 enforcement officer may be certified by the Illinois State
34 Police only to (i) prepare petitions for the authority to
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1 intercept private oral communications in accordance with the
2 provisions of this Act; (ii) intercept and supervise the
3 interception of private oral communications; (iii) handle,
4 safeguard, and use evidence derived from such private oral
5 communications; and (iv) operate and maintain equipment used
6 to intercept private oral communications.
7 (j) "In-progress trace" means to determine the origin of
8 a wire communication to a telephone or telegraph instrument,
9 equipment or facility during the course of the communication.
10 (k) "Intercept" means the aural or other acquisition of
11 the contents of any private communication through the use of
12 any electronic criminal surveillance device.
13 (l) "Journalist" means a person engaged in, connected
14 with, or employed by news media, including newspapers,
15 magazines, press associations, news agencies, wire services,
16 radio, television or other similar media, for the purpose of
17 gathering, processing, transmitting, compiling, editing or
18 disseminating news for the general public.
19 (m) "Law enforcement agency" means any law enforcement
20 agency of the United States, or the State or a political
21 subdivision of it.
22 (n) "Oral communication" means human speech used to
23 communicate by one party to another, in person, by wire
24 communication or by any other means.
25 (o) "Private communication" means a wire, oral, or
26 electronic communication uttered or transmitted by a person
27 exhibiting an expectation that the communication is not
28 subject to interception, under circumstances reasonably
29 justifying the expectation. Circumstances that reasonably
30 justify the expectation that a communication is not subject
31 to interception include the use of a cordless telephone or
32 cellular communication device.
33 (p) "Wire communication" means any human speech used to
34 communicate by one party to another in whole or in part
-471- LRB093 05878 EFG 05971 b
1 through the use of facilities for the transmission of
2 communications by wire, cable or other like connection
3 between the point of origin and the point of reception
4 furnished or operated by a communications common carrier.
5 (q) "Privileged communications" means a private
6 communication between:
7 (1) a licensed and practicing physician and a
8 patient within the scope of the profession of the
9 physician;
10 (2) a licensed and practicing psychologist to a
11 patient within the scope of the profession of the
12 psychologist;
13 (3) a licensed and practicing attorney-at-law and a
14 client within the scope of the profession of the lawyer;
15 (4) a practicing clergyman and a confidant within
16 the scope of the profession of the clergyman;
17 (5) a practicing journalist within the scope of his
18 profession;
19 (6) spouses within the scope of their marital
20 relationship; or
21 (7) a licensed and practicing social worker to a
22 client within the scope of the profession of the social
23 worker.
24 (r) "Retired law enforcement officer" means a person:
25 (1) who is a graduate of a police training institute or
26 academy, who after graduating served for at least 15
27 consecutive years as a sworn, full-time peace officer
28 qualified to carry firearms for any federal or State
29 department or agency or for any unit of local government of
30 Illinois; (2) who has retired as a local, State, or federal
31 peace officer in a publicly created peace officer retirement
32 system; and (3) whose service in law enforcement was
33 honorably terminated through retirement or disability and not
34 as a result of discipline, suspension, or discharge.
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1 (Source: P.A. 92-854, eff. 12-5-02; 92-863, eff. 1-3-03;
2 revised 1-9-03.)
3 (725 ILCS 5/108B-5) (from Ch. 38, par. 108B-5)
4 Sec. 108B-5. Requirements for order of interception.
5 (a) Upon consideration of an application, the chief
6 judge may enter an ex parte order, as requested or as
7 modified, authorizing the interception of a private
8 communication, if the chief judge determines on the basis of
9 the application submitted by the applicant, that:
10 (1) There is probable cause for belief that (A) (a)
11 the person whose private communication is to be
12 intercepted is committing, has committed, or is about to
13 commit an offense enumerated in Section 108B-3, or (B)
14 (b) the facilities from which, or the place where, the
15 private communication is to be intercepted, is, has been,
16 or is about to be used in connection with the commission
17 of the offense, or is leased to, listed in the name of,
18 or commonly used by, the person; and
19 (2) There is probable cause for belief that a
20 particular private communication concerning such offense
21 may be obtained through the interception; and
22 (3) Normal investigative procedures with respect to
23 the offense have been tried and have failed or reasonably
24 appear to be unlikely to succeed if tried or too
25 dangerous to employ; and
26 (4) The electronic criminal surveillance officers
27 to be authorized to supervise the interception of the
28 private communication have been certified by the
29 Department.
30 (b) In the case of an application, other than for an
31 extension, for an order to intercept a communication of a
32 person or on a wire communication facility that was the
33 subject of a previous order authorizing interception, the
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1 application shall be based upon new evidence or information
2 different from and in addition to the evidence or information
3 offered to support the prior order, regardless of whether the
4 evidence was derived from prior interceptions or from other
5 sources.
6 (c) The chief judge may authorize interception of a
7 private communication anywhere in the judicial circuit. If
8 the court authorizes the use of an eavesdropping device with
9 respect to a vehicle, watercraft, or aircraft that is within
10 the judicial circuit at the time the order is issued, the
11 order may provide that the interception may continue anywhere
12 within the State if the vehicle, watercraft, or aircraft
13 leaves the judicial circuit.
14 (Source: P.A. 92-854, eff. 12-5-02; revised 1-20-03.)
15 (725 ILCS 5/108B-11) (from Ch. 38, par. 108B-11)
16 Sec. 108B-11. Inventory.
17 (a) Within a reasonable period of time but not later
18 than 90 days after the termination of the period of the
19 order, or its extensions, or the date of the denial of an
20 application made under Section 108B-8, the chief judge
21 issuing or denying the order or extension shall cause an
22 inventory to be served on any person:
23 (1) named in the order;
24 (2) arrested as a result of the interception of his
25 private communication;
26 (3) indicted or otherwise charged as a result of
27 the interception of his private communication;
28 (4) Any person whose private communication was
29 intercepted and who the judge issuing or denying the
30 order or application may in his discretion determine
31 should be informed in the interest of justice.
32 (b) The inventory under this Section shall include:
33 (1) notice of the entry of the order or the
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1 application for an order denied under Section 108B-8;
2 (2) the date of the entry of the order or the
3 denial of an order applied for under Section 108B-8;
4 (3) the period of authorized or disapproved
5 interception; and
6 (4) the fact that during the period a private
7 communication was or was not intercepted.
8 (c) A court of competent jurisdiction, upon filing of a
9 motion, may in its discretion make available to those persons
10 or their attorneys for inspection those portions of the
11 intercepted communications, applications and orders as the
12 court determines to be in the interest of justice.
13 (d) On an ex parte showing of good cause to a court of
14 competent jurisdiction, the serving of the inventories
15 required by this Section may be postponed for a period not to
16 exceed 12 months.
17 (Source: P.A. 92-854, eff. 12-5-02; revised 1-20-03.)
18 (725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
19 Sec. 112A-28. Data maintenance by law enforcement
20 agencies.
21 (a) All sheriffs shall furnish to the Department of
22 State Police, daily, in the form and detail the Department
23 requires, copies of any recorded orders of protection issued
24 by the court, and any foreign orders of protection filed by
25 the clerk of the court, and transmitted to the sheriff by the
26 clerk of the court pursuant to subsection (b) of Section
27 112A-22 of this Act. Each order of protection shall be
28 entered in the Law Enforcement Agencies Automated Data System
29 on the same day it is issued by the court. If an emergency
30 order of protection was issued in accordance with subsection
31 (c) of Section 112A-17, the order shall be entered in the Law
32 Enforcement Agencies Automated Data System as soon as
33 possible after receipt from the clerk.
-475- LRB093 05878 EFG 05971 b
1 (b) The Department of State Police shall maintain a
2 complete and systematic record and index of all valid and
3 recorded orders of protection issued or filed pursuant to
4 this Act. The data shall be used to inform all dispatchers
5 and law enforcement officers at the scene of an alleged
6 incident of abuse or violation of an order of protection of
7 any recorded prior incident of abuse involving the abused
8 party and the effective dates and terms of any recorded order
9 of protection.
10 (c) The data, records and transmittals required under
11 this Section shall pertain to any valid emergency, interim or
12 plenary order of protection, whether issued in a civil or
13 criminal proceeding or authorized under the laws of another
14 state, tribe, or United States territory.
15 (Source: P.A. 90-392, eff. 1-1-98; 91-903, eff. 1-1-01;
16 revised 2-17-03.)
17 Section 51. The Unified Code of Corrections is amended
18 by changing Sections 5-4-1, 5-4-3, 5-5-3, and 5-8-1.3 as
19 follows:
20 (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
21 Sec. 5-4-1. Sentencing Hearing.
22 (a) Except when the death penalty is sought under
23 hearing procedures otherwise specified, after a determination
24 of guilt, a hearing shall be held to impose the sentence.
25 However, prior to the imposition of sentence on an individual
26 being sentenced for an offense based upon a charge for a
27 violation of Section 11-501 of the Illinois Vehicle Code or a
28 similar provision of a local ordinance, the individual must
29 undergo a professional evaluation to determine if an alcohol
30 or other drug abuse problem exists and the extent of such a
31 problem. Programs conducting these evaluations shall be
32 licensed by the Department of Human Services. However, if
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1 the individual is not a resident of Illinois, the court may,
2 in its discretion, accept an evaluation from a program in the
3 state of such individual's residence. The court may in its
4 sentencing order approve an eligible defendant for placement
5 in a Department of Corrections impact incarceration program
6 as provided in Section 5-8-1.1 or 5-8-1.3. At the hearing
7 the court shall:
8 (1) consider the evidence, if any, received upon
9 the trial;
10 (2) consider any presentence reports;
11 (3) consider the financial impact of incarceration
12 based on the financial impact statement filed with the
13 clerk of the court by the Department of Corrections;
14 (4) consider evidence and information offered by
15 the parties in aggravation and mitigation;
16 (5) hear arguments as to sentencing alternatives;
17 (6) afford the defendant the opportunity to make a
18 statement in his own behalf;
19 (7) afford the victim of a violent crime or a
20 violation of Section 11-501 of the Illinois Vehicle Code,
21 or a similar provision of a local ordinance, or a
22 qualified individual affected by a violation of Section
23 405, 405.1, 405.2, or 407 of the Illinois Controlled
24 Substances Act, committed by the defendant the
25 opportunity to make a statement concerning the impact on
26 the victim and to offer evidence in aggravation or
27 mitigation; provided that the statement and evidence
28 offered in aggravation or mitigation must first be
29 prepared in writing in conjunction with the State's
30 Attorney before it may be presented orally at the
31 hearing. Any sworn testimony offered by the victim is
32 subject to the defendant's right to cross-examine. All
33 statements and evidence offered under this paragraph (7)
34 shall become part of the record of the court. For the
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1 purpose of this paragraph (7), "qualified individual"
2 means any person who (i) lived or worked within the
3 territorial jurisdiction where the offense took place
4 when the offense took place; and (ii) is familiar with
5 various public places within the territorial jurisdiction
6 where the offense took place when the offense took place.
7 For the purposes of this paragraph (7), "qualified
8 individual" includes any peace officer, or any member of
9 any duly organized State, county, or municipal peace unit
10 assigned to the territorial jurisdiction where the
11 offense took place when the offense took place; and
12 (8) in cases of reckless homicide afford the
13 victim's spouse, guardians, parents or other immediate
14 family members an opportunity to make oral statements.
15 (b) All sentences shall be imposed by the judge based
16 upon his independent assessment of the elements specified
17 above and any agreement as to sentence reached by the
18 parties. The judge who presided at the trial or the judge
19 who accepted the plea of guilty shall impose the sentence
20 unless he is no longer sitting as a judge in that court.
21 Where the judge does not impose sentence at the same time on
22 all defendants who are convicted as a result of being
23 involved in the same offense, the defendant or the State's
24 Attorney may advise the sentencing court of the disposition
25 of any other defendants who have been sentenced.
26 (c) In imposing a sentence for a violent crime or for an
27 offense of operating or being in physical control of a
28 vehicle while under the influence of alcohol, any other drug
29 or any combination thereof, or a similar provision of a local
30 ordinance, when such offense resulted in the personal injury
31 to someone other than the defendant, the trial judge shall
32 specify on the record the particular evidence, information,
33 factors in mitigation and aggravation or other reasons that
34 led to his sentencing determination. The full verbatim record
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1 of the sentencing hearing shall be filed with the clerk of
2 the court and shall be a public record.
3 (c-1) In imposing a sentence for the offense of
4 aggravated kidnapping for ransom, home invasion, armed
5 robbery, aggravated vehicular hijacking, aggravated discharge
6 of a firearm, or armed violence with a category I weapon or
7 category II weapon, the trial judge shall make a finding as
8 to whether the conduct leading to conviction for the offense
9 resulted in great bodily harm to a victim, and shall enter
10 that finding and the basis for that finding in the record.
11 (c-2) If the defendant is sentenced to prison, other
12 than when a sentence of natural life imprisonment or a
13 sentence of death is imposed, at the time the sentence is
14 imposed the judge shall state on the record in open court the
15 approximate period of time the defendant will serve in
16 custody according to the then current statutory rules and
17 regulations for early release found in Section 3-6-3 and
18 other related provisions of this Code. This statement is
19 intended solely to inform the public, has no legal effect on
20 the defendant's actual release, and may not be relied on by
21 the defendant on appeal.
22 The judge's statement, to be given after pronouncing the
23 sentence, other than when the sentence is imposed for one of
24 the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
25 shall include the following:
26 "The purpose of this statement is to inform the public of
27 the actual period of time this defendant is likely to spend
28 in prison as a result of this sentence. The actual period of
29 prison time served is determined by the statutes of Illinois
30 as applied to this sentence by the Illinois Department of
31 Corrections and the Illinois Prisoner Review Board. In this
32 case, assuming the defendant receives all of his or her good
33 conduct credit, the period of estimated actual custody is ...
34 years and ... months, less up to 180 days additional good
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1 conduct credit for meritorious service. If the defendant,
2 because of his or her own misconduct or failure to comply
3 with the institutional regulations, does not receive those
4 credits, the actual time served in prison will be longer.
5 The defendant may also receive an additional one-half day
6 good conduct credit for each day of participation in
7 vocational, industry, substance abuse, and educational
8 programs as provided for by Illinois statute."
9 When the sentence is imposed for one of the offenses
10 enumerated in paragraph (a)(3) of Section 3-6-3, other than
11 when the sentence is imposed for one of the offenses
12 enumerated in paragraph (a)(2) of Section 3-6-3 committed on
13 or after June 19, 1998, and other than when the sentence is
14 imposed for reckless homicide as defined in subsection (e) of
15 Section 9-3 of the Criminal Code of 1961 if the offense was
16 committed on or after January 1, 1999, and other than when
17 the sentence is imposed for aggravated arson if the offense
18 was committed on or after the effective date of this
19 amendatory Act of the 92nd General Assembly, the judge's
20 statement, to be given after pronouncing the sentence, shall
21 include the following:
22 "The purpose of this statement is to inform the public of
23 the actual period of time this defendant is likely to spend
24 in prison as a result of this sentence. The actual period of
25 prison time served is determined by the statutes of Illinois
26 as applied to this sentence by the Illinois Department of
27 Corrections and the Illinois Prisoner Review Board. In this
28 case, assuming the defendant receives all of his or her good
29 conduct credit, the period of estimated actual custody is ...
30 years and ... months, less up to 90 days additional good
31 conduct credit for meritorious service. If the defendant,
32 because of his or her own misconduct or failure to comply
33 with the institutional regulations, does not receive those
34 credits, the actual time served in prison will be longer.
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1 The defendant may also receive an additional one-half day
2 good conduct credit for each day of participation in
3 vocational, industry, substance abuse, and educational
4 programs as provided for by Illinois statute."
5 When the sentence is imposed for one of the offenses
6 enumerated in paragraph (a)(2) of Section 3-6-3, other than
7 first degree murder, and the offense was committed on or
8 after June 19, 1998, and when the sentence is imposed for
9 reckless homicide as defined in subsection (e) of Section 9-3
10 of the Criminal Code of 1961 if the offense was committed on
11 or after January 1, 1999, and when the sentence is imposed
12 for aggravated arson if the offense was committed on or after
13 the effective date of this amendatory Act of the 92nd General
14 Assembly, the judge's statement, to be given after
15 pronouncing the sentence, shall include the following:
16 "The purpose of this statement is to inform the public of
17 the actual period of time this defendant is likely to spend
18 in prison as a result of this sentence. The actual period of
19 prison time served is determined by the statutes of Illinois
20 as applied to this sentence by the Illinois Department of
21 Corrections and the Illinois Prisoner Review Board. In this
22 case, the defendant is entitled to no more than 4 1/2 days of
23 good conduct credit for each month of his or her sentence of
24 imprisonment. Therefore, this defendant will serve at least
25 85% of his or her sentence. Assuming the defendant receives
26 4 1/2 days credit for each month of his or her sentence, the
27 period of estimated actual custody is ... years and ...
28 months. If the defendant, because of his or her own
29 misconduct or failure to comply with the institutional
30 regulations receives lesser credit, the actual time served in
31 prison will be longer."
32 When a sentence of imprisonment is imposed for first
33 degree murder and the offense was committed on or after June
34 19, 1998, the judge's statement, to be given after
-481- LRB093 05878 EFG 05971 b
1 pronouncing the sentence, shall include the following:
2 "The purpose of this statement is to inform the public of
3 the actual period of time this defendant is likely to spend
4 in prison as a result of this sentence. The actual period of
5 prison time served is determined by the statutes of Illinois
6 as applied to this sentence by the Illinois Department of
7 Corrections and the Illinois Prisoner Review Board. In this
8 case, the defendant is not entitled to good conduct credit.
9 Therefore, this defendant will serve 100% of his or her
10 sentence."
11 (d) When the defendant is committed to the Department of
12 Corrections, the State's Attorney shall and counsel for the
13 defendant may file a statement with the clerk of the court to
14 be transmitted to the department, agency or institution to
15 which the defendant is committed to furnish such department,
16 agency or institution with the facts and circumstances of the
17 offense for which the person was committed together with all
18 other factual information accessible to them in regard to the
19 person prior to his commitment relative to his habits,
20 associates, disposition and reputation and any other facts
21 and circumstances which may aid such department, agency or
22 institution during its custody of such person. The clerk
23 shall within 10 days after receiving any such statements
24 transmit a copy to such department, agency or institution and
25 a copy to the other party, provided, however, that this shall
26 not be cause for delay in conveying the person to the
27 department, agency or institution to which he has been
28 committed.
29 (e) The clerk of the court shall transmit to the
30 department, agency or institution, if any, to which the
31 defendant is committed, the following:
32 (1) the sentence imposed;
33 (2) any statement by the court of the basis for
34 imposing the sentence;
-482- LRB093 05878 EFG 05971 b
1 (3) any presentence reports;
2 (4) the number of days, if any, which the defendant
3 has been in custody and for which he is entitled to
4 credit against the sentence, which information shall be
5 provided to the clerk by the sheriff;
6 (4.1) any finding of great bodily harm made by the
7 court with respect to an offense enumerated in subsection
8 (c-1);
9 (5) all statements filed under subsection (d) of
10 this Section;
11 (6) any medical or mental health records or
12 summaries of the defendant;
13 (7) the municipality where the arrest of the
14 offender or the commission of the offense has occurred,
15 where such municipality has a population of more than
16 25,000 persons;
17 (8) all statements made and evidence offered under
18 paragraph (7) of subsection (a) of this Section; and
19 (9) all additional matters which the court directs
20 the clerk to transmit.
21 (Source: P.A. 91-357, eff. 7-29-99; 91-899, eff. 1-1-01;
22 92-176, eff. 7-27-01; 92-806, eff. 1-1-03; revised 9-18-02.)
23 (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
24 Sec. 5-4-3. Persons convicted of, or found delinquent
25 for, certain offenses or institutionalized as sexually
26 dangerous; specimens; genetic marker groups.
27 (a) Any person convicted of, found guilty under the
28 Juvenile Court Act of 1987 for, or who received a disposition
29 of court supervision for, a qualifying offense or attempt of
30 a qualifying offense, convicted or found guilty of any
31 offense classified as a felony under Illinois law, found
32 guilty or given supervision for any offense classified as a
33 felony under the Juvenile Court Act of 1987, or
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1 institutionalized as a sexually dangerous person under the
2 Sexually Dangerous Persons Act, or committed as a sexually
3 violent person under the Sexually Violent Persons Commitment
4 Act shall, regardless of the sentence or disposition imposed,
5 be required to submit specimens of blood, saliva, or tissue
6 to the Illinois Department of State Police in accordance with
7 the provisions of this Section, provided such person is:
8 (1) convicted of a qualifying offense or attempt of
9 a qualifying offense on or after July 1, 1990 the
10 effective date of this amendatory Act of 1989, and
11 sentenced to a term of imprisonment, periodic
12 imprisonment, fine, probation, conditional discharge or
13 any other form of sentence, or given a disposition of
14 court supervision for the offense;, or
15 (1.5) found guilty or given supervision under the
16 Juvenile Court Act of 1987 for a qualifying offense or
17 attempt of a qualifying offense on or after January 1,
18 1997; the effective date of this amendatory Act of 1996,
19 or
20 (2) ordered institutionalized as a sexually
21 dangerous person on or after July 1, 1990; the effective
22 date of this amendatory Act of 1989, or
23 (3) convicted of a qualifying offense or attempt of
24 a qualifying offense before July 1, 1990 the effective
25 date of this amendatory Act of 1989 and is presently
26 confined as a result of such conviction in any State
27 correctional facility or county jail or is presently
28 serving a sentence of probation, conditional discharge or
29 periodic imprisonment as a result of such conviction;, or
30 (3.5) convicted or found guilty of any offense
31 classified as a felony under Illinois law or found guilty
32 or given supervision for such an offense under the
33 Juvenile Court Act of 1987 on or after August 22, 2002;
34 the effective date of this amendatory Act of the 92nd
-484- LRB093 05878 EFG 05971 b
1 General Assembly, or
2 (4) presently institutionalized as a sexually
3 dangerous person or presently institutionalized as a
4 person found guilty but mentally ill of a sexual offense
5 or attempt to commit a sexual offense; or
6 (4.5) ordered committed as a sexually violent
7 person on or after the effective date of the Sexually
8 Violent Persons Commitment Act; or
9 (5) seeking transfer to or residency in Illinois
10 under Sections 3-3-11.05 through 3-3-11.5 of the Unified
11 Code of Corrections and the Interstate Compact for Adult
12 Offender Supervision or the Interstate Agreements on
13 Sexually Dangerous Persons Act.
14 Notwithstanding other provisions of this Section, any
15 person incarcerated in a facility of the Illinois Department
16 of Corrections on or after August 22, 2002 the effective date
17 of this amendatory Act of the 92nd General Assembly shall be
18 required to submit a specimen of blood, saliva, or tissue
19 prior to his or her release on parole or mandatory supervised
20 release, as a condition of his or her parole or mandatory
21 supervised release.
22 (a-5) Any person who was otherwise convicted of or
23 received a disposition of court supervision for any other
24 offense under the Criminal Code of 1961 or who was found
25 guilty or given supervision for such a violation under the
26 Juvenile Court Act of 1987, may, regardless of the sentence
27 imposed, be required by an order of the court to submit
28 specimens of blood, saliva, or tissue to the Illinois
29 Department of State Police in accordance with the provisions
30 of this Section.
31 (b) Any person required by paragraphs (a)(1), (a)(1.5),
32 (a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
33 saliva, or tissue shall provide specimens of blood, saliva,
34 or tissue within 45 days after sentencing or disposition at a
-485- LRB093 05878 EFG 05971 b
1 collection site designated by the Illinois Department of
2 State Police.
3 (c) Any person required by paragraphs (a)(3), (a)(4),
4 and (a)(4.5) to provide specimens of blood, saliva, or tissue
5 shall be required to provide such samples prior to final
6 discharge, parole, or release at a collection site designated
7 by the Illinois Department of State Police.
8 (c-5) Any person required by paragraph (a)(5) to provide
9 specimens of blood, saliva, or tissue shall, where feasible,
10 be required to provide the specimens before being accepted
11 for conditioned residency in Illinois under the interstate
12 compact or agreement, but no later than 45 days after arrival
13 in this State.
14 (c-6) The Illinois Department of State Police may
15 determine which type of specimen or specimens, blood, saliva,
16 or tissue, is acceptable for submission to the Division of
17 Forensic Services for analysis.
18 (d) The Illinois Department of State Police shall
19 provide all equipment and instructions necessary for the
20 collection of blood samples. The collection of samples shall
21 be performed in a medically approved manner. Only a
22 physician authorized to practice medicine, a registered nurse
23 or other qualified person trained in venipuncture may
24 withdraw blood for the purposes of this Act. The samples
25 shall thereafter be forwarded to the Illinois Department of
26 State Police, Division of Forensic Services, for analysis and
27 categorizing into genetic marker groupings.
28 (d-1) The Illinois Department of State Police shall
29 provide all equipment and instructions necessary for the
30 collection of saliva samples. The collection of saliva
31 samples shall be performed in a medically approved manner.
32 Only a person trained in the instructions promulgated by the
33 Illinois State Police on collecting saliva may collect saliva
34 for the purposes of this Section. The samples shall
-486- LRB093 05878 EFG 05971 b
1 thereafter be forwarded to the Illinois Department of State
2 Police, Division of Forensic Services, for analysis and
3 categorizing into genetic marker groupings.
4 (d-2) The Illinois Department of State Police shall
5 provide all equipment and instructions necessary for the
6 collection of tissue samples. The collection of tissue
7 samples shall be performed in a medically approved manner.
8 Only a person trained in the instructions promulgated by the
9 Illinois State Police on collecting tissue may collect tissue
10 for the purposes of this Section. The samples shall
11 thereafter be forwarded to the Illinois Department of State
12 Police, Division of Forensic Services, for analysis and
13 categorizing into genetic marker groupings.
14 (d-5) To the extent that funds are available, the
15 Illinois Department of State Police shall contract with
16 qualified personnel and certified laboratories for the
17 collection, analysis, and categorization of known samples.
18 (e) The genetic marker groupings shall be maintained by
19 the Illinois Department of State Police, Division of Forensic
20 Services.
21 (f) The genetic marker grouping analysis information
22 obtained pursuant to this Act shall be confidential and shall
23 be released only to peace officers of the United States, of
24 other states or territories, of the insular possessions of
25 the United States, of foreign countries duly authorized to
26 receive the same, to all peace officers of the State of
27 Illinois and to all prosecutorial agencies. The genetic
28 marker grouping analysis information obtained pursuant to
29 this Act shall be used only for (i) valid law enforcement
30 identification purposes and as required by the Federal Bureau
31 of Investigation for participation in the National DNA
32 database or (ii) technology validation purposes.
33 Notwithstanding any other statutory provision to the
34 contrary, all information obtained under this Section shall
-487- LRB093 05878 EFG 05971 b
1 be maintained in a single State data base, which may be
2 uploaded into a national database, and which information may
3 be subject to expungement only as set forth in subsection
4 (f-1).
5 (f-1) Upon receipt of notification of a reversal of a
6 conviction based on actual innocence, or of the granting of a
7 pardon pursuant to Section 12 of Article V of the Illinois
8 Constitution, if that pardon document specifically states
9 that the reason for the pardon is the actual innocence of an
10 individual whose DNA record has been stored in the State or
11 national DNA identification index in accordance with this
12 Section by the Illinois Department of State Police, the DNA
13 record shall be expunged from the DNA identification index,
14 and the Department shall by rule prescribe procedures to
15 ensure that the record and any samples, analyses, or other
16 documents relating to such record, whether in the possession
17 of the Department or any law enforcement or police agency, or
18 any forensic DNA laboratory, including any duplicates or
19 copies thereof, are destroyed and a letter is sent to the
20 court verifying the expungement is completed.
21 (f-5) Any person who intentionally uses genetic marker
22 grouping analysis information, or any other information
23 derived from a DNA sample, beyond the authorized uses as
24 provided under this Section, or any other Illinois law, is
25 guilty of a Class 4 felony, and shall be subject to a fine of
26 not less than $5,000.
27 (g) For the purposes of this Section, "qualifying
28 offense" means any of the following:
29 (1) any violation or inchoate violation of Section
30 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or 12-16 of the
31 Criminal Code of 1961;, or
32 (1.1) any violation or inchoate violation of
33 Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
34 18-3, 18-4, 19-1, or 19-2 of the Criminal Code of 1961
-488- LRB093 05878 EFG 05971 b
1 for which persons are convicted on or after July 1,
2 2001;, or
3 (2) any former statute of this State which defined
4 a felony sexual offense;, or
5 (3) (blank);, or
6 (4) any inchoate violation of Section 9-3.1,
7 11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961;,
8 or
9 (5) any violation or inchoate violation of Article
10 29D of the Criminal Code of 1961.
11 (g-5) (Blank).
12 (h) The Illinois Department of State Police shall be the
13 State central repository for all genetic marker grouping
14 analysis information obtained pursuant to this Act. The
15 Illinois Department of State Police may promulgate rules for
16 the form and manner of the collection of blood, saliva, or
17 tissue samples and other procedures for the operation of this
18 Act. The provisions of the Administrative Review Law shall
19 apply to all actions taken under the rules so promulgated.
20 (i) A person required to provide a blood, saliva, or
21 tissue specimen shall cooperate with the collection of the
22 specimen and any deliberate act by that person intended to
23 impede, delay or stop the collection of the blood, saliva, or
24 tissue specimen is a Class A misdemeanor.
25 (j) Any person required by subsection (a) to submit
26 specimens of blood, saliva, or tissue to the Illinois
27 Department of State Police for analysis and categorization
28 into genetic marker grouping, in addition to any other
29 disposition, penalty, or fine imposed, shall pay an analysis
30 fee of $200. If the analysis fee is not paid at the time of
31 sentencing, the court shall establish a fee schedule by which
32 the entire amount of the analysis fee shall be paid in full,
33 such schedule not to exceed 24 months from the time of
34 conviction. The inability to pay this analysis fee shall not
-489- LRB093 05878 EFG 05971 b
1 be the sole ground to incarcerate the person.
2 (k) All analysis and categorization fees provided for by
3 subsection (j) shall be regulated as follows:
4 (1) The State Offender DNA Identification System
5 Fund is hereby created as a special fund in the State
6 Treasury.
7 (2) All fees shall be collected by the clerk of the
8 court and forwarded to the State Offender DNA
9 Identification System Fund for deposit. The clerk of the
10 circuit court may retain the amount of $10 from each
11 collected analysis fee to offset administrative costs
12 incurred in carrying out the clerk's responsibilities
13 under this Section.
14 (3) Fees deposited into the State Offender DNA
15 Identification System Fund shall be used by Illinois
16 State Police crime laboratories as designated by the
17 Director of State Police. These funds shall be in
18 addition to any allocations made pursuant to existing
19 laws and shall be designated for the exclusive use of
20 State crime laboratories. These uses may include, but
21 are not limited to, the following:
22 (A) Costs incurred in providing analysis and
23 genetic marker categorization as required by
24 subsection (d).
25 (B) Costs incurred in maintaining genetic
26 marker groupings as required by subsection (e).
27 (C) Costs incurred in the purchase and
28 maintenance of equipment for use in performing
29 analyses.
30 (D) Costs incurred in continuing research and
31 development of new techniques for analysis and
32 genetic marker categorization.
33 (E) Costs incurred in continuing education,
34 training, and professional development of forensic
-490- LRB093 05878 EFG 05971 b
1 scientists regularly employed by these laboratories.
2 (l) The failure of a person to provide a specimen, or of
3 any person or agency to collect a specimen, within the 45 day
4 period shall in no way alter the obligation of the person to
5 submit such specimen, or the authority of the Illinois
6 Department of State Police or persons designated by the
7 Department to collect the specimen, or the authority of the
8 Illinois Department of State Police to accept, analyze and
9 maintain the specimen or to maintain or upload results of
10 genetic marker grouping analysis information into a State or
11 national database.
12 (Source: P.A. 91-528, eff. 1-1-00; 92-16, eff. 6-28-01;
13 92-40, eff. 6-29-01; 92-571, eff. 6-26-02; 92-600, eff.
14 6-28-02; 92-829, eff. 8-22-02; 92-854, eff. 12-5-02; revised
15 1-20-03.)
16 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)
17 Sec. 5-5-3. Disposition.
18 (a) Every person convicted of an offense shall be
19 sentenced as provided in this Section.
20 (b) The following options shall be appropriate
21 dispositions, alone or in combination, for all felonies and
22 misdemeanors other than those identified in subsection (c) of
23 this Section:
24 (1) A period of probation.
25 (2) A term of periodic imprisonment.
26 (3) A term of conditional discharge.
27 (4) A term of imprisonment.
28 (5) An order directing the offender to clean up and
29 repair the damage, if the offender was convicted under
30 paragraph (h) of Section 21-1 of the Criminal Code of
31 1961.
32 (6) A fine.
33 (7) An order directing the offender to make
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1 restitution to the victim under Section 5-5-6 of this
2 Code.
3 (8) A sentence of participation in a county impact
4 incarceration program under Section 5-8-1.2 of this Code.
5 Whenever an individual is sentenced for an offense based
6 upon an arrest for a violation of Section 11-501 of the
7 Illinois Vehicle Code, or a similar provision of a local
8 ordinance, and the professional evaluation recommends
9 remedial or rehabilitative treatment or education, neither
10 the treatment nor the education shall be the sole disposition
11 and either or both may be imposed only in conjunction with
12 another disposition. The court shall monitor compliance with
13 any remedial education or treatment recommendations contained
14 in the professional evaluation. Programs conducting alcohol
15 or other drug evaluation or remedial education must be
16 licensed by the Department of Human Services. However, if
17 the individual is not a resident of Illinois, the court may
18 accept an alcohol or other drug evaluation or remedial
19 education program in the state of such individual's
20 residence. Programs providing treatment must be licensed
21 under existing applicable alcoholism and drug treatment
22 licensure standards.
23 In addition to any other fine or penalty required by law,
24 any individual convicted of a violation of Section 11-501 of
25 the Illinois Vehicle Code or a similar provision of local
26 ordinance, whose operation of a motor vehicle while in
27 violation of Section 11-501 or such ordinance proximately
28 caused an incident resulting in an appropriate emergency
29 response, shall be required to make restitution to a public
30 agency for the costs of that emergency response. Such
31 restitution shall not exceed $500 per public agency for each
32 such emergency response. For the purpose of this paragraph,
33 emergency response shall mean any incident requiring a
34 response by: a police officer as defined under Section 1-162
-492- LRB093 05878 EFG 05971 b
1 of the Illinois Vehicle Code; a fireman carried on the rolls
2 of a regularly constituted fire department; and an ambulance
3 as defined under Section 3.85 4.05 of the Emergency Medical
4 Services (EMS) Systems Act.
5 Neither a fine nor restitution shall be the sole
6 disposition for a felony and either or both may be imposed
7 only in conjunction with another disposition.
8 (c) (1) When a defendant is found guilty of first degree
9 murder the State may either seek a sentence of
10 imprisonment under Section 5-8-1 of this Code, or where
11 appropriate seek a sentence of death under Section 9-1 of
12 the Criminal Code of 1961.
13 (2) A period of probation, a term of periodic
14 imprisonment or conditional discharge shall not be
15 imposed for the following offenses. The court shall
16 sentence the offender to not less than the minimum term
17 of imprisonment set forth in this Code for the following
18 offenses, and may order a fine or restitution or both in
19 conjunction with such term of imprisonment:
20 (A) First degree murder where the death
21 penalty is not imposed.
22 (B) Attempted first degree murder.
23 (C) A Class X felony.
24 (D) A violation of Section 401.1 or 407 of the
25 Illinois Controlled Substances Act, or a violation
26 of subdivision (c)(1) or (c)(2) of Section 401 of
27 that Act which relates to more than 5 grams of a
28 substance containing heroin or cocaine or an analog
29 thereof.
30 (E) A violation of Section 5.1 or 9 of the
31 Cannabis Control Act.
32 (F) A Class 2 or greater felony if the
33 offender had been convicted of a Class 2 or greater
34 felony within 10 years of the date on which the
-493- LRB093 05878 EFG 05971 b
1 offender committed the offense for which he or she
2 is being sentenced, except as otherwise provided in
3 Section 40-10 of the Alcoholism and Other Drug Abuse
4 and Dependency Act.
5 (G) Residential burglary, except as otherwise
6 provided in Section 40-10 of the Alcoholism and
7 Other Drug Abuse and Dependency Act.
8 (H) Criminal sexual assault, except as
9 otherwise provided in subsection (e) of this
10 Section.
11 (I) Aggravated battery of a senior citizen.
12 (J) A forcible felony if the offense was
13 related to the activities of an organized gang.
14 Before July 1, 1994, for the purposes of this
15 paragraph, "organized gang" means an association of
16 5 or more persons, with an established hierarchy,
17 that encourages members of the association to
18 perpetrate crimes or provides support to the members
19 of the association who do commit crimes.
20 Beginning July 1, 1994, for the purposes of
21 this paragraph, "organized gang" has the meaning
22 ascribed to it in Section 10 of the Illinois
23 Streetgang Terrorism Omnibus Prevention Act.
24 (K) Vehicular hijacking.
25 (L) A second or subsequent conviction for the
26 offense of hate crime when the underlying offense
27 upon which the hate crime is based is felony
28 aggravated assault or felony mob action.
29 (M) A second or subsequent conviction for the
30 offense of institutional vandalism if the damage to
31 the property exceeds $300.
32 (N) A Class 3 felony violation of paragraph
33 (1) of subsection (a) of Section 2 of the Firearm
34 Owners Identification Card Act.
-494- LRB093 05878 EFG 05971 b
1 (O) A violation of Section 12-6.1 of the
2 Criminal Code of 1961.
3 (P) A violation of paragraph (1), (2), (3),
4 (4), (5), or (7) of subsection (a) of Section
5 11-20.1 of the Criminal Code of 1961.
6 (Q) A violation of Section 20-1.2 of the
7 Criminal Code of 1961.
8 (R) A violation of Section 24-3A of the
9 Criminal Code of 1961.
10 (S) A violation of Section 11-501(c-1)(3) of
11 the Illinois Vehicle Code.
12 (3) A minimum term of imprisonment of not less than
13 5 days or 30 days of community service as may be
14 determined by the court shall be imposed for a second
15 violation committed within 5 years of a previous
16 violation of Section 11-501 of the Illinois Vehicle Code
17 or a similar provision of a local ordinance. In the case
18 of a third or subsequent violation committed within 5
19 years of a previous violation of Section 11-501 of the
20 Illinois Vehicle Code or a similar provision of a local
21 ordinance, a minimum term of either 10 days of
22 imprisonment or 60 days of community service shall be
23 imposed.
24 (4) A minimum term of imprisonment of not less than
25 10 consecutive days or 30 days of community service shall
26 be imposed for a violation of paragraph (c) of Section
27 6-303 of the Illinois Vehicle Code.
28 (4.1) A minimum term of 30 consecutive days of
29 imprisonment, 40 days of 24 hour periodic imprisonment or
30 720 hours of community service, as may be determined by
31 the court, shall be imposed for a violation of Section
32 11-501 of the Illinois Vehicle Code during a period in
33 which the defendant's driving privileges are revoked or
34 suspended, where the revocation or suspension was for a
-495- LRB093 05878 EFG 05971 b
1 violation of Section 11-501 or Section 11-501.1 of that
2 Code.
3 (4.2) Except as provided in paragraph (4.3) of this
4 subsection (c), a minimum of 100 hours of community
5 service shall be imposed for a second violation of
6 Section 6-303 of the Illinois Vehicle Code.
7 (4.3) A minimum term of imprisonment of 30 days or
8 300 hours of community service, as determined by the
9 court, shall be imposed for a second violation of
10 subsection (c) of Section 6-303 of the Illinois Vehicle
11 Code.
12 (4.4) Except as provided in paragraph (4.5) and
13 paragraph (4.6) of this subsection (c), a minimum term of
14 imprisonment of 30 days or 300 hours of community
15 service, as determined by the court, shall be imposed for
16 a third or subsequent violation of Section 6-303 of the
17 Illinois Vehicle Code.
18 (4.5) A minimum term of imprisonment of 30 days
19 shall be imposed for a third violation of subsection (c)
20 of Section 6-303 of the Illinois Vehicle Code.
21 (4.6) A minimum term of imprisonment of 180 days
22 shall be imposed for a fourth or subsequent violation of
23 subsection (c) of Section 6-303 of the Illinois Vehicle
24 Code.
25 (5) The court may sentence an offender convicted of
26 a business offense or a petty offense or a corporation or
27 unincorporated association convicted of any offense to:
28 (A) a period of conditional discharge;
29 (B) a fine;
30 (C) make restitution to the victim under
31 Section 5-5-6 of this Code.
32 (5.1) In addition to any penalties imposed under
33 paragraph (5) of this subsection (c), and except as
34 provided in paragraph (5.2) or (5.3), a person convicted
-496- LRB093 05878 EFG 05971 b
1 of violating subsection (c) of Section 11-907 of the
2 Illinois Vehicle Code shall have his or her driver's
3 license, permit, or privileges suspended for at least 90
4 days but not more than one year, if the violation
5 resulted in damage to the property of another person.
6 (5.2) In addition to any penalties imposed under
7 paragraph (5) of this subsection (c), and except as
8 provided in paragraph (5.3), a person convicted of
9 violating subsection (c) of Section 11-907 of the
10 Illinois Vehicle Code shall have his or her driver's
11 license, permit, or privileges suspended for at least 180
12 days but not more than 2 years, if the violation resulted
13 in injury to another person.
14 (5.3) In addition to any penalties imposed under
15 paragraph (5) of this subsection (c), a person convicted
16 of violating subsection (c) of Section 11-907 of the
17 Illinois Vehicle Code shall have his or her driver's
18 license, permit, or privileges suspended for 2 years, if
19 the violation resulted in the death of another person.
20 (6) In no case shall an offender be eligible for a
21 disposition of probation or conditional discharge for a
22 Class 1 felony committed while he was serving a term of
23 probation or conditional discharge for a felony.
24 (7) When a defendant is adjudged a habitual
25 criminal under Article 33B of the Criminal Code of 1961,
26 the court shall sentence the defendant to a term of
27 natural life imprisonment.
28 (8) When a defendant, over the age of 21 years, is
29 convicted of a Class 1 or Class 2 felony, after having
30 twice been convicted in any state or federal court of an
31 offense that contains the same elements as an offense now
32 classified in Illinois as a Class 2 or greater Class
33 felony and such charges are separately brought and tried
34 and arise out of different series of acts, such defendant
-497- LRB093 05878 EFG 05971 b
1 shall be sentenced as a Class X offender. This paragraph
2 shall not apply unless (1) the first felony was committed
3 after the effective date of this amendatory Act of 1977;
4 and (2) the second felony was committed after conviction
5 on the first; and (3) the third felony was committed
6 after conviction on the second. A person sentenced as a
7 Class X offender under this paragraph is not eligible to
8 apply for treatment as a condition of probation as
9 provided by Section 40-10 of the Alcoholism and Other
10 Drug Abuse and Dependency Act.
11 (9) A defendant convicted of a second or subsequent
12 offense of ritualized abuse of a child may be sentenced
13 to a term of natural life imprisonment.
14 (10) When a person is convicted of violating
15 Section 11-501 of the Illinois Vehicle Code or a similar
16 provision of a local ordinance, the following penalties
17 apply when his or her blood, breath, or urine was .16 or
18 more based on the definition of blood, breath, or urine
19 units in Section 11-501.2 or that person is convicted of
20 violating Section 11-501 of the Illinois Vehicle Code
21 while transporting a child under the age of 16:
22 (A) For a first violation of subsection (a) of
23 Section 11-501, in addition to any other penalty
24 that may be imposed under subsection (c) of Section
25 11-501: a mandatory minimum of 100 hours of
26 community service and a minimum fine of $500.
27 (B) For a second violation of subsection (a)
28 of Section 11-501, in addition to any other penalty
29 that may be imposed under subsection (c) of Section
30 11-501 within 10 years: a mandatory minimum of 2
31 days of imprisonment and a minimum fine of $1,250.
32 (C) For a third violation of subsection (a) of
33 Section 11-501, in addition to any other penalty
34 that may be imposed under subsection (c) of Section
-498- LRB093 05878 EFG 05971 b
1 11-501 within 20 years: a mandatory minimum of 90
2 days of imprisonment and a minimum fine of $2,500.
3 (D) For a fourth or subsequent violation of
4 subsection (a) of Section 11-501: ineligibility for
5 a sentence of probation or conditional discharge and
6 a minimum fine of $2,500.
7 (d) In any case in which a sentence originally imposed
8 is vacated, the case shall be remanded to the trial court.
9 The trial court shall hold a hearing under Section 5-4-1 of
10 the Unified Code of Corrections which may include evidence of
11 the defendant's life, moral character and occupation during
12 the time since the original sentence was passed. The trial
13 court shall then impose sentence upon the defendant. The
14 trial court may impose any sentence which could have been
15 imposed at the original trial subject to Section 5-5-4 of the
16 Unified Code of Corrections. If a sentence is vacated on
17 appeal or on collateral attack due to the failure of the
18 trier of fact at trial to determine beyond a reasonable doubt
19 the existence of a fact (other than a prior conviction)
20 necessary to increase the punishment for the offense beyond
21 the statutory maximum otherwise applicable, either the
22 defendant may be re-sentenced to a term within the range
23 otherwise provided or, if the State files notice of its
24 intention to again seek the extended sentence, the defendant
25 shall be afforded a new trial.
26 (e) In cases where prosecution for criminal sexual
27 assault or aggravated criminal sexual abuse under Section
28 12-13 or 12-16 of the Criminal Code of 1961 results in
29 conviction of a defendant who was a family member of the
30 victim at the time of the commission of the offense, the
31 court shall consider the safety and welfare of the victim and
32 may impose a sentence of probation only where:
33 (1) the court finds (A) or (B) or both are
34 appropriate:
-499- LRB093 05878 EFG 05971 b
1 (A) the defendant is willing to undergo a
2 court approved counseling program for a minimum
3 duration of 2 years; or
4 (B) the defendant is willing to participate in
5 a court approved plan including but not limited to
6 the defendant's:
7 (i) removal from the household;
8 (ii) restricted contact with the victim;
9 (iii) continued financial support of the
10 family;
11 (iv) restitution for harm done to the
12 victim; and
13 (v) compliance with any other measures
14 that the court may deem appropriate; and
15 (2) the court orders the defendant to pay for the
16 victim's counseling services, to the extent that the
17 court finds, after considering the defendant's income and
18 assets, that the defendant is financially capable of
19 paying for such services, if the victim was under 18
20 years of age at the time the offense was committed and
21 requires counseling as a result of the offense.
22 Probation may be revoked or modified pursuant to Section
23 5-6-4; except where the court determines at the hearing that
24 the defendant violated a condition of his or her probation
25 restricting contact with the victim or other family members
26 or commits another offense with the victim or other family
27 members, the court shall revoke the defendant's probation and
28 impose a term of imprisonment.
29 For the purposes of this Section, "family member" and
30 "victim" shall have the meanings ascribed to them in Section
31 12-12 of the Criminal Code of 1961.
32 (f) This Article shall not deprive a court in other
33 proceedings to order a forfeiture of property, to suspend or
34 cancel a license, to remove a person from office, or to
-500- LRB093 05878 EFG 05971 b
1 impose any other civil penalty.
2 (g) Whenever a defendant is convicted of an offense
3 under Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18,
4 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1,
5 12-15 or 12-16 of the Criminal Code of 1961, the defendant
6 shall undergo medical testing to determine whether the
7 defendant has any sexually transmissible disease, including a
8 test for infection with human immunodeficiency virus (HIV) or
9 any other identified causative agent of acquired
10 immunodeficiency syndrome (AIDS). Any such medical test
11 shall be performed only by appropriately licensed medical
12 practitioners and may include an analysis of any bodily
13 fluids as well as an examination of the defendant's person.
14 Except as otherwise provided by law, the results of such test
15 shall be kept strictly confidential by all medical personnel
16 involved in the testing and must be personally delivered in a
17 sealed envelope to the judge of the court in which the
18 conviction was entered for the judge's inspection in camera.
19 Acting in accordance with the best interests of the victim
20 and the public, the judge shall have the discretion to
21 determine to whom, if anyone, the results of the testing may
22 be revealed. The court shall notify the defendant of the test
23 results. The court shall also notify the victim if requested
24 by the victim, and if the victim is under the age of 15 and
25 if requested by the victim's parents or legal guardian, the
26 court shall notify the victim's parents or legal guardian of
27 the test results. The court shall provide information on the
28 availability of HIV testing and counseling at Department of
29 Public Health facilities to all parties to whom the results
30 of the testing are revealed and shall direct the State's
31 Attorney to provide the information to the victim when
32 possible. A State's Attorney may petition the court to obtain
33 the results of any HIV test administered under this Section,
34 and the court shall grant the disclosure if the State's
-501- LRB093 05878 EFG 05971 b
1 Attorney shows it is relevant in order to prosecute a charge
2 of criminal transmission of HIV under Section 12-16.2 of the
3 Criminal Code of 1961 against the defendant. The court shall
4 order that the cost of any such test shall be paid by the
5 county and may be taxed as costs against the convicted
6 defendant.
7 (g-5) When an inmate is tested for an airborne
8 communicable disease, as determined by the Illinois
9 Department of Public Health including but not limited to
10 tuberculosis, the results of the test shall be personally
11 delivered by the warden or his or her designee in a sealed
12 envelope to the judge of the court in which the inmate must
13 appear for the judge's inspection in camera if requested by
14 the judge. Acting in accordance with the best interests of
15 those in the courtroom, the judge shall have the discretion
16 to determine what if any precautions need to be taken to
17 prevent transmission of the disease in the courtroom.
18 (h) Whenever a defendant is convicted of an offense
19 under Section 1 or 2 of the Hypodermic Syringes and Needles
20 Act, the defendant shall undergo medical testing to determine
21 whether the defendant has been exposed to human
22 immunodeficiency virus (HIV) or any other identified
23 causative agent of acquired immunodeficiency syndrome (AIDS).
24 Except as otherwise provided by law, the results of such test
25 shall be kept strictly confidential by all medical personnel
26 involved in the testing and must be personally delivered in a
27 sealed envelope to the judge of the court in which the
28 conviction was entered for the judge's inspection in camera.
29 Acting in accordance with the best interests of the public,
30 the judge shall have the discretion to determine to whom, if
31 anyone, the results of the testing may be revealed. The court
32 shall notify the defendant of a positive test showing an
33 infection with the human immunodeficiency virus (HIV). The
34 court shall provide information on the availability of HIV
-502- LRB093 05878 EFG 05971 b
1 testing and counseling at Department of Public Health
2 facilities to all parties to whom the results of the testing
3 are revealed and shall direct the State's Attorney to provide
4 the information to the victim when possible. A State's
5 Attorney may petition the court to obtain the results of any
6 HIV test administered under this Section, and the court
7 shall grant the disclosure if the State's Attorney shows it
8 is relevant in order to prosecute a charge of criminal
9 transmission of HIV under Section 12-16.2 of the Criminal
10 Code of 1961 against the defendant. The court shall order
11 that the cost of any such test shall be paid by the county
12 and may be taxed as costs against the convicted defendant.
13 (i) All fines and penalties imposed under this Section
14 for any violation of Chapters 3, 4, 6, and 11 of the Illinois
15 Vehicle Code, or a similar provision of a local ordinance,
16 and any violation of the Child Passenger Protection Act, or a
17 similar provision of a local ordinance, shall be collected
18 and disbursed by the circuit clerk as provided under Section
19 27.5 of the Clerks of Courts Act.
20 (j) In cases when prosecution for any violation of
21 Section 11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1,
22 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
23 11-19.2, 11-20.1, 11-21, 12-13, 12-14, 12-14.1, 12-15, or
24 12-16 of the Criminal Code of 1961, any violation of the
25 Illinois Controlled Substances Act, or any violation of the
26 Cannabis Control Act results in conviction, a disposition of
27 court supervision, or an order of probation granted under
28 Section 10 of the Cannabis Control Act or Section 410 of the
29 Illinois Controlled Substance Act of a defendant, the court
30 shall determine whether the defendant is employed by a
31 facility or center as defined under the Child Care Act of
32 1969, a public or private elementary or secondary school, or
33 otherwise works with children under 18 years of age on a
34 daily basis. When a defendant is so employed, the court
-503- LRB093 05878 EFG 05971 b
1 shall order the Clerk of the Court to send a copy of the
2 judgment of conviction or order of supervision or probation
3 to the defendant's employer by certified mail. If the
4 employer of the defendant is a school, the Clerk of the Court
5 shall direct the mailing of a copy of the judgment of
6 conviction or order of supervision or probation to the
7 appropriate regional superintendent of schools. The regional
8 superintendent of schools shall notify the State Board of
9 Education of any notification under this subsection.
10 (j-5) A defendant at least 17 years of age who is
11 convicted of a felony and who has not been previously
12 convicted of a misdemeanor or felony and who is sentenced to
13 a term of imprisonment in the Illinois Department of
14 Corrections shall as a condition of his or her sentence be
15 required by the court to attend educational courses designed
16 to prepare the defendant for a high school diploma and to
17 work toward a high school diploma or to work toward passing
18 the high school level Test of General Educational Development
19 (GED) or to work toward completing a vocational training
20 program offered by the Department of Corrections. If a
21 defendant fails to complete the educational training required
22 by his or her sentence during the term of incarceration, the
23 Prisoner Review Board shall, as a condition of mandatory
24 supervised release, require the defendant, at his or her own
25 expense, to pursue a course of study toward a high school
26 diploma or passage of the GED test. The Prisoner Review
27 Board shall revoke the mandatory supervised release of a
28 defendant who wilfully fails to comply with this subsection
29 (j-5) upon his or her release from confinement in a penal
30 institution while serving a mandatory supervised release
31 term; however, the inability of the defendant after making a
32 good faith effort to obtain financial aid or pay for the
33 educational training shall not be deemed a wilful failure to
34 comply. The Prisoner Review Board shall recommit the
-504- LRB093 05878 EFG 05971 b
1 defendant whose mandatory supervised release term has been
2 revoked under this subsection (j-5) as provided in Section
3 3-3-9. This subsection (j-5) does not apply to a defendant
4 who has a high school diploma or has successfully passed the
5 GED test. This subsection (j-5) does not apply to a defendant
6 who is determined by the court to be developmentally disabled
7 or otherwise mentally incapable of completing the educational
8 or vocational program.
9 (k) A court may not impose a sentence or disposition for
10 a felony or misdemeanor that requires the defendant to be
11 implanted or injected with or to use any form of birth
12 control.
13 (l) (A) Except as provided in paragraph (C) of
14 subsection (l), whenever a defendant, who is an alien as
15 defined by the Immigration and Nationality Act, is
16 convicted of any felony or misdemeanor offense, the court
17 after sentencing the defendant may, upon motion of the
18 State's Attorney, hold sentence in abeyance and remand
19 the defendant to the custody of the Attorney General of
20 the United States or his or her designated agent to be
21 deported when:
22 (1) a final order of deportation has been
23 issued against the defendant pursuant to proceedings
24 under the Immigration and Nationality Act, and
25 (2) the deportation of the defendant would not
26 deprecate the seriousness of the defendant's conduct
27 and would not be inconsistent with the ends of
28 justice.
29 Otherwise, the defendant shall be sentenced as
30 provided in this Chapter V.
31 (B) If the defendant has already been sentenced for
32 a felony or misdemeanor offense, or has been placed on
33 probation under Section 10 of the Cannabis Control Act or
34 Section 410 of the Illinois Controlled Substances Act,
-505- LRB093 05878 EFG 05971 b
1 the court may, upon motion of the State's Attorney to
2 suspend the sentence imposed, commit the defendant to the
3 custody of the Attorney General of the United States or
4 his or her designated agent when:
5 (1) a final order of deportation has been
6 issued against the defendant pursuant to proceedings
7 under the Immigration and Nationality Act, and
8 (2) the deportation of the defendant would not
9 deprecate the seriousness of the defendant's conduct
10 and would not be inconsistent with the ends of
11 justice.
12 (C) This subsection (l) does not apply to offenders
13 who are subject to the provisions of paragraph (2) of
14 subsection (a) of Section 3-6-3.
15 (D) Upon motion of the State's Attorney, if a
16 defendant sentenced under this Section returns to the
17 jurisdiction of the United States, the defendant shall be
18 recommitted to the custody of the county from which he or
19 she was sentenced. Thereafter, the defendant shall be
20 brought before the sentencing court, which may impose any
21 sentence that was available under Section 5-5-3 at the
22 time of initial sentencing. In addition, the defendant
23 shall not be eligible for additional good conduct credit
24 for meritorious service as provided under Section 3-6-6.
25 (m) A person convicted of criminal defacement of
26 property under Section 21-1.3 of the Criminal Code of 1961,
27 in which the property damage exceeds $300 and the property
28 damaged is a school building, shall be ordered to perform
29 community service that may include cleanup, removal, or
30 painting over the defacement.
31 (Source: P.A. 91-357, eff. 7-29-99; 91-404, eff. 1-1-00;
32 91-663, eff. 12-22-99; 91-695, eff. 4-13-00; 91-953, eff.
33 2-23-01; 92-183, eff. 7-27-01; 92-248, eff. 8-3-01; 92-283,
34 eff. 1-1-02; 92-340, eff. 8-10-01; 92-418, eff. 8-17-01;
-506- LRB093 05878 EFG 05971 b
1 92-422, eff. 8-17-01; 92-651, eff. 7-11-02; 92-698, eff.
2 7-19-02; revised 2-17-03.)
3 (730 ILCS 5/5-8-1.3)
4 Sec. 5-8-1.3. Pilot residential and transition treatment
5 program for women.
6 (a) The General Assembly recognizes:
7 (1) that drug-offending women with children who
8 have been in and out of the criminal justice system for
9 years are a serious problem;
10 (2) that the intergenerational cycle of women
11 continuously being part of the criminal justice system
12 needs to be broken;
13 (3) that the effects of drug offending women with
14 children disrupts family harmony and creates an
15 atmosphere that is not conducive to healthy childhood
16 development;
17 (4) that there is a need for an effective
18 residential community supervision model to provide help
19 to women to become drug free, recover from trauma, focus
20 on healthy mother-child relationships, and establish
21 economic independence and long-term support;
22 (5) that certain non-violent women offenders with
23 children eligible for sentences of incarceration, may
24 benefit from the rehabilitative aspects of gender
25 responsive treatment programs and services. This Section
26 shall not be construed to allow violent offenders to
27 participate in a treatment program.
28 (b) Under the direction of the sheriff and with the
29 approval of the county board of commissioners, the sheriff,
30 in any county with more than 3,000,000 inhabitants, may
31 operate a residential and transition treatment program for
32 women established by the Illinois Department of Corrections
33 if funding has been provided by federal, local or private
-507- LRB093 05878 EFG 05971 b
1 entities. If the court finds during the sentencing hearing
2 conducted under Section 5-4-1 that a woman convicted of a
3 felony meets the eligibility requirements of the sheriff's
4 residential and transition treatment program for women, the
5 court may refer the offender to the sheriff's residential and
6 transition treatment program for women for consideration as a
7 participant as an alternative to incarceration in the
8 penitentiary. The sheriff shall be responsible for
9 supervising all women who are placed in the residential and
10 transition treatment program for women for the 12-month
11 period. In the event that the woman is not accepted for
12 placement in the sheriff's residential and transition
13 treatment program for women, the court shall proceed to
14 sentence the woman to any other disposition authorized by
15 this Code. If the woman does not successfully complete the
16 residential and transition treatment program for women, the
17 woman's failure to do so shall constitute a violation of the
18 sentence to the residential and transition treatment program
19 for women.
20 (c) In order to be eligible to be a participant in the
21 pilot residential and transition treatment program for women,
22 the participant shall meet all of the following conditions:
23 (1) The woman has not been convicted of a violent
24 crime as defined in subsection (c) of Section 3 of the
25 Rights of Crime Victims and Witnesses Act, a Class X
26 felony, first or second degree murder, armed violence,
27 aggravated kidnapping, criminal sexual assault,
28 aggravated criminal sexual abuse or a subsequent
29 conviction for criminal sexual abuse, forcible detention,
30 or arson and has not been previously convicted of any of
31 those offenses.
32 (2) The woman must undergo an initial assessment
33 evaluation to determine the treatment and program plan.
34 (3) The woman was recommended and accepted for
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1 placement in the pilot residential and transition
2 treatment program for women by the Department of
3 Corrections and has consented in writing to participation
4 in the program under the terms and conditions of the
5 program. The Department of Corrections may consider
6 whether space is available.
7 (d) The program may include a substance abuse treatment
8 program designed for women offenders, mental health, trauma,
9 and medical treatment; parenting skills and family
10 relationship counseling, preparation for a GED or vocational
11 certificate; life skills program; job readiness and job skill
12 training, and a community transition development plan.
13 (e) With the approval of the Department of Corrections,
14 the sheriff shall issue requirements for the program and
15 inform the participants who shall sign an agreement to adhere
16 to all rules and all requirements for the pilot residential
17 and transition treatment program.
18 (f) Participation in the pilot residential and
19 transition treatment program for women shall be for a period
20 not to exceed 12 months. The period may not be reduced by
21 accumulation of good time.
22 (g) If the woman successfully completes the pilot
23 residential and transition treatment program for women, the
24 sheriff shall notify the Department of Corrections, the
25 court, and the State's Attorney of the county of the woman's
26 successful completion.
27 (h) A woman may be removed from the pilot residential
28 and transition treatment program for women for violation of
29 the terms and conditions of the program or in the event she
30 is unable to participate. The failure to complete the program
31 shall be deemed a violation of the conditions of the program.
32 The sheriff shall give notice to the Department of
33 Corrections, the court, and the State's Attorney of the
34 woman's failure to complete the program. The Department of
-509- LRB093 05878 EFG 05971 b
1 Corrections or its designee shall file a petition alleging
2 that the woman has violated the conditions of the program
3 with the court. The State's Attorney may proceed on the
4 petition under Section 5-4-1 of this Code.
5 (i) The conditions of the pilot residential and
6 transition treatment program for women shall include that the
7 woman while in the program:
8 (1) not violate any criminal statute of any
9 jurisdiction;
10 (2) report or appear in person before any person or
11 agency as directed by the court, the sheriff, or
12 Department of Corrections;
13 (3) refrain from possessing a firearm or other
14 dangerous weapon;
15 (4) consent to drug testing;
16 (5) not leave the State without the consent of the
17 court or, in circumstances in which reason for the
18 absence is of such an emergency nature that prior consent
19 by the court is not possible, without prior notification
20 and approval of the Department of Corrections;
21 (6) upon placement in the program, must agree to
22 follow all requirements of the program.;
23 (j) The Department of Corrections or the sheriff may
24 terminate the program at any time by mutual agreement or with
25 30 days prior written notice by either the Department of
26 Corrections or the sheriff.
27 (k) The Department of Corrections may enter into a joint
28 contract with a county with more than 3,000,000 inhabitants
29 to establish and operate a pilot residential and treatment
30 program for women.
31 (l) The Director of the Department of Corrections shall
32 have the authority to develop rules to establish and operate
33 a pilot residential and treatment program for women that
34 shall include criteria for selection of the participants of
-510- LRB093 05878 EFG 05971 b
1 the program in conjunction and approval by the sentencing
2 court. Violent crime offenders are not eligible to
3 participate in the program.
4 (m) The Department shall report to the Governor and the
5 General Assembly before September 30th of each year on the
6 pilot residential and treatment program for women, including
7 the composition of the program by offenders, sentence, age,
8 offense, and race.
9 (n) The Department of Corrections or the sheriff may
10 terminate the program with 30 days prior written notice.
11 (o) A county with more than 3,000,000 inhabitants is
12 authorized to apply for funding from federal, local or
13 private entities to create a Residential and Treatment
14 Program for Women. This sentencing option may not go into
15 effect until the funding is secured for the program and the
16 program has been established.
17 (Source: P.A. 92-806, eff. 1-1-03; revised 1-20-03.)
18 Section 52. The Open Parole Hearings Act is amended by
19 changing Section 25 as follows:
20 (730 ILCS 105/25) (from Ch. 38, par. 1675)
21 Sec. 25. Notification of future parole hearings.
22 (a) The Board shall notify the State's Attorney of the
23 committing county of the pending hearing and the victim of
24 all forthcoming parole hearings at least 15 days in advance.
25 Written notification shall contain:
26 (1) notification of the place of the hearing;
27 (2) the date and approximate time of the hearing;
28 (3) their right to enter a statement, to appear in
29 person, and to submit other information by video tape,
30 tape recording, or other electronic means in the form and
31 manner described by the Board.
32 Notification to the victims shall be at the last known
-511- LRB093 05878 EFG 05971 b
1 address of the victim. It shall be the responsibility of the
2 victim to notify the board of any changes in address and
3 name.
4 (b) However, at any time the victim may request by a
5 written certified statement that the Prisoner Review Board
6 stop sending notice under this Section.
7 (c) (Blank).
8 (d) No later than 7 days after a parole hearing the
9 Board shall send notice of its decision to the State's
10 Attorney and victim. If parole is denied, the Board shall
11 within a reasonable period of time notify the victim of the
12 month and year of the next scheduled hearing.
13 (Source: P.A. 87-224; revised 1-20-03.)
14 Section 53. The Code of Civil Procedure is amended by
15 changing Section 2-1401 as follows:
16 (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
17 Sec. 2-1401. Relief from judgments.
18 (a) Relief from final orders and judgments, after 30
19 days from the entry thereof, may be had upon petition as
20 provided in this Section. Writs of error coram nobis and
21 coram vobis, bills of review and bills in the nature of bills
22 of review are abolished. All relief heretofore obtainable
23 and the grounds for such relief heretofore available, whether
24 by any of the foregoing remedies or otherwise, shall be
25 available in every case, by proceedings hereunder, regardless
26 of the nature of the order or judgment from which relief is
27 sought or of the proceedings in which it was entered. Except
28 as provided in Section 6 of the Illinois Parentage Act of
29 1984, there shall be no distinction between actions and other
30 proceedings, statutory or otherwise, as to availability of
31 relief, grounds for relief or the relief obtainable.
32 (b) The petition must be filed in the same proceeding in
-512- LRB093 05878 EFG 05971 b
1 which the order or judgment was entered but is not a
2 continuation thereof. The petition must be supported by
3 affidavit or other appropriate showing as to matters not of
4 record. All parties to the petition shall be notified as
5 provided by rule.
6 (c) Except as provided in Section 20b of the Adoption
7 Act and Section 2-32 3-32 of the Juvenile Court Act of 1987
8 or in a petition based upon Section 116-3 of the Code of
9 Criminal Procedure of 1963, the petition must be filed not
10 later than 2 years after the entry of the order or judgment.
11 Time during which the person seeking relief is under legal
12 disability or duress or the ground for relief is fraudulently
13 concealed shall be excluded in computing the period of 2
14 years.
15 (d) The filing of a petition under this Section does not
16 affect the order or judgment, or suspend its operation.
17 (e) Unless lack of jurisdiction affirmatively appears
18 from the record proper, the vacation or modification of an
19 order or judgment pursuant to the provisions of this Section
20 does not affect the right, title or interest in or to any
21 real or personal property of any person, not a party to the
22 original action, acquired for value after the entry of the
23 order or judgment but before the filing of the petition, nor
24 affect any right of any person not a party to the original
25 action under any certificate of sale issued before the filing
26 of the petition, pursuant to a sale based on the order or
27 judgment.
28 (f) Nothing contained in this Section affects any
29 existing right to relief from a void order or judgment, or to
30 employ any existing method to procure that relief.
31 (Source: P.A. 90-18, eff. 7-1-97; 90-27, eff. 1-1-98; 90-141,
32 eff. 1-1-98; 90-655, eff. 7-30-98; revised 11-06-02.)
33 Section 54. The Illinois Marriage and Dissolution of
-513- LRB093 05878 EFG 05971 b
1 Marriage Act is amended by changing Section 510 as follows:
2 (750 ILCS 5/510) (from Ch. 40, par. 510)
3 (Text of Section before amendment by P.A. 92-876)
4 Sec. 510. Modification and termination of provisions for
5 maintenance, support, educational expenses, and property
6 disposition.
7 (a) Except as otherwise provided in paragraph (f) of
8 Section 502 and in subsection (b), clause (3) of Section
9 505.2, the provisions of any judgment respecting maintenance
10 or support may be modified only as to installments accruing
11 subsequent to due notice by the moving party of the filing of
12 the motion for modification and, with respect to maintenance,
13 only upon a showing of a substantial change in circumstances.
14 An order for child support may be modified as follows:
15 (1) upon a showing of a substantial change in
16 circumstances; and
17 (2) without the necessity of showing a substantial
18 change in circumstances, as follows:
19 (A) upon a showing of an inconsistency of at
20 least 20%, but no less than $10 per month, between
21 the amount of the existing order and the amount of
22 child support that results from application of the
23 guidelines specified in Section 505 of this Act
24 unless the inconsistency is due to the fact that the
25 amount of the existing order resulted from a
26 deviation from the guideline amount and there has
27 not been a change in the circumstances that resulted
28 in that deviation; or
29 (B) Upon a showing of a need to provide for
30 the health care needs of the child under the order
31 through health insurance or other means. In no
32 event shall the eligibility for or receipt of
33 medical assistance be considered to meet the need to
-514- LRB093 05878 EFG 05971 b
1 provide for the child's health care needs.
2 The provisions of subparagraph (a)(2)(A) shall apply only
3 in cases in which a party is receiving child support
4 enforcement services from the Illinois Department of Public
5 Aid under Article X of the Illinois Public Aid Code, and only
6 when at least 36 months have elapsed since the order for
7 child support was entered or last modified.
8 (b) The provisions as to property disposition may not be
9 revoked or modified, unless the court finds the existence of
10 conditions that justify the reopening of a judgment under the
11 laws of this State.
12 (c) Unless otherwise agreed by the parties in a written
13 agreement set forth in the judgment or otherwise approved by
14 the court, the obligation to pay future maintenance is
15 terminated upon the death of either party, or the remarriage
16 of the party receiving maintenance, or if the party receiving
17 maintenance cohabits with another person on a resident,
18 continuing conjugal basis.
19 (d) Unless otherwise agreed in writing or expressly
20 provided in a judgment, provisions for the support of a child
21 are terminated by emancipation of the child, except as
22 otherwise provided herein, but not by the death of a parent
23 obligated to support or educate the child. An existing
24 obligation to pay for support or educational expenses, or
25 both, is not terminated by the death of a parent. When a
26 parent obligated to pay support or educational expenses, or
27 both, dies, the amount of support or educational expenses, or
28 both, may be enforced, modified, revoked or commuted to a
29 lump sum payment, as equity may require, and that
30 determination may be provided for at the time of the
31 dissolution of the marriage or thereafter.
32 (e) The right to petition for support or educational
33 expenses, or both, under Sections 505 and 513 is not
34 extinguished by the death of a parent. Upon a petition filed
-515- LRB093 05878 EFG 05971 b
1 before or after a parent's death, the court may award sums of
2 money out of the decedent's estate for the child's support or
3 educational expenses, or both, as equity may require. The
4 time within which a claim may be filed against the estate of
5 a decedent under Sections 505 and 513 and subsection (d) and
6 this subsection shall be governed by the provisions of the
7 Probate Act of 1975, as a barrable, noncontingent claim.
8 (f) A petition to modify or terminate child support,
9 custody, or visitation shall not delay any child support
10 enforcement litigation or supplementary proceeding on behalf
11 of the obligee, including, but not limited to, a petition for
12 a rule to show cause, for non-wage garnishment, or for a
13 restraining order.
14 (Source: P.A. 92-289, eff. 8-9-01; 92-590, eff. 7-1-02;
15 92-651, eff. 7-11-02.)
16 (Text of Section after amendment by P.A. 92-876)
17 Sec. 510. Modification and termination of provisions for
18 maintenance, support, educational expenses, and property
19 disposition.
20 (a) Except as otherwise provided in paragraph (f) of
21 Section 502 and in subsection (b), clause (3) of Section
22 505.2, the provisions of any judgment respecting maintenance
23 or support may be modified only as to installments accruing
24 subsequent to due notice by the moving party of the filing of
25 the motion for modification and, with respect to maintenance,
26 only upon a showing of a substantial change in circumstances.
27 An order for child support may be modified as follows:
28 (1) upon a showing of a substantial change in
29 circumstances; and
30 (2) without the necessity of showing a substantial
31 change in circumstances, as follows:
32 (A) upon a showing of an inconsistency of at
33 least 20%, but no less than $10 per month, between
34 the amount of the existing order and the amount of
-516- LRB093 05878 EFG 05971 b
1 child support that results from application of the
2 guidelines specified in Section 505 of this Act
3 unless the inconsistency is due to the fact that the
4 amount of the existing order resulted from a
5 deviation from the guideline amount and there has
6 not been a change in the circumstances that resulted
7 in that deviation; or
8 (B) Upon a showing of a need to provide for
9 the health care needs of the child under the order
10 through health insurance or other means. In no
11 event shall the eligibility for or receipt of
12 medical assistance be considered to meet the need to
13 provide for the child's health care needs.
14 The provisions of subparagraph (a)(2)(A) shall apply only
15 in cases in which a party is receiving child support
16 enforcement services from the Illinois Department of Public
17 Aid under Article X of the Illinois Public Aid Code, and only
18 when at least 36 months have elapsed since the order for
19 child support was entered or last modified.
20 (b) The provisions as to property disposition may not be
21 revoked or modified, unless the court finds the existence of
22 conditions that justify the reopening of a judgment under the
23 laws of this State.
24 (c) Unless otherwise agreed by the parties in a written
25 agreement set forth in the judgment or otherwise approved by
26 the court, the obligation to pay future maintenance is
27 terminated upon the death of either party, or the remarriage
28 of the party receiving maintenance, or if the party receiving
29 maintenance cohabits with another person on a resident,
30 continuing conjugal basis.
31 (d) Unless otherwise provided in this Act, or as agreed
32 in writing or expressly provided in the judgment, provisions
33 for the support of a child are terminated by emancipation of
34 the child, or if the child has attained the age of 18 and is
-517- LRB093 05878 EFG 05971 b
1 still attending high school, provisions for the support of
2 the child are terminated upon the date that the child
3 graduates from high school or the date the child attains the
4 age of 19, whichever is earlier, but not by the death of a
5 parent obligated to support or educate the child. An existing
6 obligation to pay for support or educational expenses, or
7 both, is not terminated by the death of a parent. When a
8 parent obligated to pay support or educational expenses, or
9 both, dies, the amount of support or educational expenses, or
10 both, may be enforced, modified, revoked or commuted to a
11 lump sum payment, as equity may require, and that
12 determination may be provided for at the time of the
13 dissolution of the marriage or thereafter.
14 (e) The right to petition for support or educational
15 expenses, or both, under Sections 505 and 513 is not
16 extinguished by the death of a parent. Upon a petition filed
17 before or after a parent's death, the court may award sums of
18 money out of the decedent's estate for the child's support or
19 educational expenses, or both, as equity may require. The
20 time within which a claim may be filed against the estate of
21 a decedent under Sections 505 and 513 and subsection (d) and
22 this subsection shall be governed by the provisions of the
23 Probate Act of 1975, as a barrable, noncontingent claim.
24 (f) A petition to modify or terminate child support,
25 custody, or visitation shall not delay any child support
26 enforcement litigation or supplementary proceeding on behalf
27 of the obligee, including, but not limited to, a petition for
28 a rule to show cause, for non-wage garnishment, or for a
29 restraining order.
30 (Source: P.A. 92-289, eff. 8-9-01; 92-590, eff. 7-1-02;
31 92-651, eff. 7-11-02; 92-876, eff. 6-1-03; revised 1-14-03.)
32 Section 55. The Non-Support Punishment Act is amended by
33 changing Section 20 as follows:
-518- LRB093 05878 EFG 05971 b
1 (750 ILCS 16/20)
2 (Text of Section before amendment by P.A. 92-876)
3 Sec. 20. Entry of order for support; income withholding.
4 (a) In a case in which no court or administrative order
5 for support is in effect against the defendant:
6 (1) at any time before the trial, upon motion of
7 the State's Attorney, or of the Attorney General if the
8 action has been instituted by his office, and upon notice
9 to the defendant, or at the time of arraignment or as a
10 condition of postponement of arraignment, the court may
11 enter such temporary order for support as may seem just,
12 providing for the support or maintenance of the spouse or
13 child or children of the defendant, or both, pendente
14 lite; or
15 (2) before trial with the consent of the defendant,
16 or at the trial on entry of a plea of guilty, or after
17 conviction, instead of imposing the penalty provided in
18 this Act, or in addition thereto, the court may enter an
19 order for support, subject to modification by the court
20 from time to time as circumstances may require, directing
21 the defendant to pay a certain sum for maintenance of the
22 spouse, or for support of the child or children, or both.
23 (b) The court shall determine the amount of child
24 support by using the guidelines and standards set forth in
25 subsection (a) of Section 505 and in Section 505.2 of the
26 Illinois Marriage and Dissolution of Marriage Act.
27 If (i) the non-custodial parent was properly served with
28 a request for discovery of financial information relating to
29 the non-custodial parent's ability to provide child support,
30 (ii) the non-custodial parent failed to comply with the
31 request, despite having been ordered to do so by the court,
32 and (iii) the non-custodial parent is not present at the
33 hearing to determine support despite having received proper
34 notice, then any relevant financial information concerning
-519- LRB093 05878 EFG 05971 b
1 the non-custodial parent's ability to provide support that
2 was obtained pursuant to subpoena and proper notice shall be
3 admitted into evidence without the need to establish any
4 further foundation for its admission.
5 (c) The court shall determine the amount of maintenance
6 using the standards set forth in Section 504 of the Illinois
7 Marriage and Dissolution of Marriage Act.
8 (d) The court may, for violation of any order under this
9 Section, punish the offender as for a contempt of court, but
10 no pendente lite order shall remain in effect longer than 4
11 months, or after the discharge of any panel of jurors
12 summoned for service thereafter in such court, whichever is
13 sooner.
14 (e) Any order for support entered by the court under
15 this Section shall be deemed to be a series of judgments
16 against the person obligated to pay support under the
17 judgments, each such judgment to be in the amount of each
18 payment or installment of support and each judgment to be
19 deemed entered as of the date the corresponding payment or
20 installment becomes due under the terms of the support order.
21 Each judgment shall have the full force, effect, and
22 attributes of any other judgment of this State, including the
23 ability to be enforced. Each judgment is subject to
24 modification or termination only in accordance with Section
25 510 of the Illinois Marriage and Dissolution of Marriage Act.
26 A lien arises by operation of law against the real and
27 personal property of the noncustodial parent for each
28 installment of overdue support owed by the noncustodial
29 parent.
30 (f) An order for support entered under this Section
31 shall include a provision requiring the obligor to report to
32 the obligee and to the clerk of the court within 10 days each
33 time the obligor obtains new employment, and each time the
34 obligor's employment is terminated for any reason. The
-520- LRB093 05878 EFG 05971 b
1 report shall be in writing and shall, in the case of new
2 employment, include the name and address of the new employer.
3 Failure to report new employment or the termination of
4 current employment, if coupled with nonpayment of support for
5 a period in excess of 60 days, is indirect criminal contempt.
6 For any obligor arrested for failure to report new
7 employment, bond shall be set in the amount of the child
8 support that should have been paid during the period of
9 unreported employment.
10 An order for support entered under this Section shall
11 also include a provision requiring the obligor and obligee
12 parents to advise each other of a change in residence within
13 5 days of the change except when the court finds that the
14 physical, mental, or emotional health of a party or of a
15 minor child, or both, would be seriously endangered by
16 disclosure of the party's address.
17 (g) An order for support entered or modified in a case
18 in which a party is receiving child support enforcement
19 services under Article X of the Illinois Public Aid Code
20 shall include a provision requiring the noncustodial parent
21 to notify the Illinois Department of Public Aid, within 7
22 days, of the name and address of any new employer of the
23 noncustodial parent, whether the noncustodial parent has
24 access to health insurance coverage through the employer or
25 other group coverage and, if so, the policy name and number
26 and the names of persons covered under the policy.
27 (h) In any subsequent action to enforce an order for
28 support entered under this Act, upon sufficient showing that
29 diligent effort has been made to ascertain the location of
30 the noncustodial parent, service of process or provision of
31 notice necessary in that action may be made at the last known
32 address of the noncustodial parent, in any manner expressly
33 provided by the Code of Civil Procedure or in this Act, which
34 service shall be sufficient for purposes of due process.
-521- LRB093 05878 EFG 05971 b
1 (i) An order for support shall include a date on which
2 the current support obligation terminates. The termination
3 date shall be no earlier than the date on which the child
4 covered by the order will attain the age of majority or is
5 otherwise emancipated. The order for support shall state that
6 the termination date does not apply to any arrearage that may
7 remain unpaid on that date. Nothing in this subsection shall
8 be construed to prevent the court from modifying the order.
9 (j) A support obligation, or any portion of a support
10 obligation, which becomes due and remains unpaid for 30 days
11 or more shall accrue simple interest at the rate of 9% per
12 annum. An order for support entered or modified on or after
13 January 1, 2002 shall contain a statement that a support
14 obligation required under the order, or any portion of a
15 support obligation required under the order, that becomes due
16 and remains unpaid for 30 days or more shall accrue simple
17 interest at the rate of 9% per annum. Failure to include the
18 statement in the order for support does not affect the
19 validity of the order or the accrual of interest as provided
20 in this Section.
21 (Source: P.A. 91-613, eff. 10-1-99; 91-767, eff. 6-9-00;
22 92-374, eff. 8-15-01; 92-590, eff. 7-1-02.)
23 (Text of Section after amendment by P.A. 92-876)
24 Sec. 20. Entry of order for support; income withholding.
25 (a) In a case in which no court or administrative order
26 for support is in effect against the defendant:
27 (1) at any time before the trial, upon motion of
28 the State's Attorney, or of the Attorney General if the
29 action has been instituted by his office, and upon notice
30 to the defendant, or at the time of arraignment or as a
31 condition of postponement of arraignment, the court may
32 enter such temporary order for support as may seem just,
33 providing for the support or maintenance of the spouse or
34 child or children of the defendant, or both, pendente
-522- LRB093 05878 EFG 05971 b
1 lite; or
2 (2) before trial with the consent of the defendant,
3 or at the trial on entry of a plea of guilty, or after
4 conviction, instead of imposing the penalty provided in
5 this Act, or in addition thereto, the court may enter an
6 order for support, subject to modification by the court
7 from time to time as circumstances may require, directing
8 the defendant to pay a certain sum for maintenance of the
9 spouse, or for support of the child or children, or both.
10 (b) The court shall determine the amount of child
11 support by using the guidelines and standards set forth in
12 subsection (a) of Section 505 and in Section 505.2 of the
13 Illinois Marriage and Dissolution of Marriage Act.
14 If (i) the non-custodial parent was properly served with
15 a request for discovery of financial information relating to
16 the non-custodial parent's ability to provide child support,
17 (ii) the non-custodial parent failed to comply with the
18 request, despite having been ordered to do so by the court,
19 and (iii) the non-custodial parent is not present at the
20 hearing to determine support despite having received proper
21 notice, then any relevant financial information concerning
22 the non-custodial parent's ability to provide support that
23 was obtained pursuant to subpoena and proper notice shall be
24 admitted into evidence without the need to establish any
25 further foundation for its admission.
26 (c) The court shall determine the amount of maintenance
27 using the standards set forth in Section 504 of the Illinois
28 Marriage and Dissolution of Marriage Act.
29 (d) The court may, for violation of any order under this
30 Section, punish the offender as for a contempt of court, but
31 no pendente lite order shall remain in effect longer than 4
32 months, or after the discharge of any panel of jurors
33 summoned for service thereafter in such court, whichever is
34 sooner.
-523- LRB093 05878 EFG 05971 b
1 (e) Any order for support entered by the court under
2 this Section shall be deemed to be a series of judgments
3 against the person obligated to pay support under the
4 judgments, each such judgment to be in the amount of each
5 payment or installment of support and each judgment to be
6 deemed entered as of the date the corresponding payment or
7 installment becomes due under the terms of the support order.
8 Each judgment shall have the full force, effect, and
9 attributes of any other judgment of this State, including the
10 ability to be enforced. Each judgment is subject to
11 modification or termination only in accordance with Section
12 510 of the Illinois Marriage and Dissolution of Marriage Act.
13 A lien arises by operation of law against the real and
14 personal property of the noncustodial parent for each
15 installment of overdue support owed by the noncustodial
16 parent.
17 (f) An order for support entered under this Section
18 shall include a provision requiring the obligor to report to
19 the obligee and to the clerk of the court within 10 days each
20 time the obligor obtains new employment, and each time the
21 obligor's employment is terminated for any reason. The
22 report shall be in writing and shall, in the case of new
23 employment, include the name and address of the new employer.
24 Failure to report new employment or the termination of
25 current employment, if coupled with nonpayment of support for
26 a period in excess of 60 days, is indirect criminal contempt.
27 For any obligor arrested for failure to report new
28 employment, bond shall be set in the amount of the child
29 support that should have been paid during the period of
30 unreported employment.
31 An order for support entered under this Section shall
32 also include a provision requiring the obligor and obligee
33 parents to advise each other of a change in residence within
34 5 days of the change except when the court finds that the
-524- LRB093 05878 EFG 05971 b
1 physical, mental, or emotional health of a party or of a
2 minor child, or both, would be seriously endangered by
3 disclosure of the party's address.
4 (g) An order for support entered or modified in a case
5 in which a party is receiving child support enforcement
6 services under Article X of the Illinois Public Aid Code
7 shall include a provision requiring the noncustodial parent
8 to notify the Illinois Department of Public Aid, within 7
9 days, of the name and address of any new employer of the
10 noncustodial parent, whether the noncustodial parent has
11 access to health insurance coverage through the employer or
12 other group coverage and, if so, the policy name and number
13 and the names of persons covered under the policy.
14 (h) In any subsequent action to enforce an order for
15 support entered under this Act, upon sufficient showing that
16 diligent effort has been made to ascertain the location of
17 the noncustodial parent, service of process or provision of
18 notice necessary in that action may be made at the last known
19 address of the noncustodial parent, in any manner expressly
20 provided by the Code of Civil Procedure or in this Act, which
21 service shall be sufficient for purposes of due process.
22 (i) An order for support shall include a date on which
23 the current support obligation terminates. The termination
24 date shall be no earlier than the date on which the child
25 covered by the order will attain the age of 18. However, if
26 the child will not graduate from high school until after
27 attaining the age of 18, then the termination date shall be
28 no earlier than the earlier of the date on which the child's
29 high school graduation will occur or the date on which the
30 child will attain the age of 19. The order for support shall
31 state that the termination date does not apply to any
32 arrearage that may remain unpaid on that date. Nothing in
33 this subsection shall be construed to prevent the court from
34 modifying the order or terminating the order in the event the
-525- LRB093 05878 EFG 05971 b
1 child is otherwise emancipated.
2 (j) A support obligation, or any portion of a support
3 obligation, which becomes due and remains unpaid for 30 days
4 or more shall accrue simple interest at the rate of 9% per
5 annum. An order for support entered or modified on or after
6 January 1, 2002 shall contain a statement that a support
7 obligation required under the order, or any portion of a
8 support obligation required under the order, that becomes due
9 and remains unpaid for 30 days or more shall accrue simple
10 interest at the rate of 9% per annum. Failure to include the
11 statement in the order for support does not affect the
12 validity of the order or the accrual of interest as provided
13 in this Section.
14 (Source: P.A. 91-613, eff. 10-1-99; 91-767, eff. 6-9-00;
15 92-374, eff. 8-15-01; 92-590, eff. 7-1-02; 92-876, eff.
16 6-1-03; revised 1-14-03.)
17 Section 56. The Illinois Parentage Act of 1984 is
18 amended by changing Section 14 as follows:
19 (750 ILCS 45/14) (from Ch. 40, par. 2514)
20 (Text of Section before amendment by P.A. 92-876)
21 Sec. 14. Judgment.
22 (a) (1) The judgment shall contain or explicitly reserve
23 provisions concerning any duty and amount of child support
24 and may contain provisions concerning the custody and
25 guardianship of the child, visitation privileges with the
26 child, the furnishing of bond or other security for the
27 payment of the judgment, which the court shall determine in
28 accordance with the relevant factors set forth in the
29 Illinois Marriage and Dissolution of Marriage Act and any
30 other applicable law of Illinois, to guide the court in a
31 finding in the best interests of the child. In determining
32 custody, joint custody, or visitation, the court shall apply
-526- LRB093 05878 EFG 05971 b
1 the relevant standards of the Illinois Marriage and
2 Dissolution of Marriage Act. Specifically, in determining the
3 amount of any child support award, the court shall use the
4 guidelines and standards set forth in subsection (a) of
5 Section 505 and in Section 505.2 of the Illinois Marriage and
6 Dissolution of Marriage Act. For purposes of Section 505 of
7 the Illinois Marriage and Dissolution of Marriage Act, "net
8 income" of the non-custodial parent shall include any
9 benefits available to that person under the Illinois Public
10 Aid Code or from other federal, State or local
11 government-funded programs. The court shall, in any event
12 and regardless of the amount of the non-custodial parent's
13 net income, in its judgment order the non-custodial parent to
14 pay child support to the custodial parent in a minimum amount
15 of not less than $10 per month. In an action brought within 2
16 years after a child's birth, the judgment or order may direct
17 either parent to pay the reasonable expenses incurred by
18 either parent related to the mother's pregnancy and the
19 delivery of the child. The judgment or order shall contain
20 the father's social security number, which the father shall
21 disclose to the court; however, failure to include the
22 father's social security number on the judgment or order does
23 not invalidate the judgment or order.
24 (2) If a judgment of parentage contains no explicit
25 award of custody, the establishment of a support obligation
26 or of visitation rights in one parent shall be considered a
27 judgment granting custody to the other parent. If the
28 parentage judgment contains no such provisions, custody shall
29 be presumed to be with the mother; however, the presumption
30 shall not apply if the father has had physical custody for at
31 least 6 months prior to the date that the mother seeks to
32 enforce custodial rights.
33 (b) The court shall order all child support payments,
34 determined in accordance with such guidelines, to commence
-527- LRB093 05878 EFG 05971 b
1 with the date summons is served. The level of current
2 periodic support payments shall not be reduced because of
3 payments set for the period prior to the date of entry of the
4 support order. The Court may order any child support
5 payments to be made for a period prior to the commencement of
6 the action. In determining whether and the extent to which
7 the payments shall be made for any prior period, the court
8 shall consider all relevant facts, including the factors for
9 determining the amount of support specified in the Illinois
10 Marriage and Dissolution of Marriage Act and other equitable
11 factors including but not limited to:
12 (1) The father's prior knowledge of the fact and
13 circumstances of the child's birth.
14 (2) The father's prior willingness or refusal to
15 help raise or support the child.
16 (3) The extent to which the mother or the public
17 agency bringing the action previously informed the father
18 of the child's needs or attempted to seek or require his
19 help in raising or supporting the child.
20 (4) The reasons the mother or the public agency did
21 not file the action earlier.
22 (5) The extent to which the father would be
23 prejudiced by the delay in bringing the action.
24 For purposes of determining the amount of child support
25 to be paid for any period before the date the order for
26 current child support is entered, there is a rebuttable
27 presumption that the father's net income for the prior period
28 was the same as his net income at the time the order for
29 current child support is entered.
30 If (i) the non-custodial parent was properly served with
31 a request for discovery of financial information relating to
32 the non-custodial parent's ability to provide child support,
33 (ii) the non-custodial parent failed to comply with the
34 request, despite having been ordered to do so by the court,
-528- LRB093 05878 EFG 05971 b
1 and (iii) the non-custodial parent is not present at the
2 hearing to determine support despite having received proper
3 notice, then any relevant financial information concerning
4 the non-custodial parent's ability to provide child support
5 that was obtained pursuant to subpoena and proper notice
6 shall be admitted into evidence without the need to establish
7 any further foundation for its admission.
8 (c) Any new or existing support order entered by the
9 court under this Section shall be deemed to be a series of
10 judgments against the person obligated to pay support
11 thereunder, each judgment to be in the amount of each payment
12 or installment of support and each such judgment to be deemed
13 entered as of the date the corresponding payment or
14 installment becomes due under the terms of the support order.
15 Each judgment shall have the full force, effect and
16 attributes of any other judgment of this State, including the
17 ability to be enforced. A lien arises by operation of law
18 against the real and personal property of the noncustodial
19 parent for each installment of overdue support owed by the
20 noncustodial parent.
21 (d) If the judgment or order of the court is at variance
22 with the child's birth certificate, the court shall order
23 that a new birth certificate be issued under the Vital
24 Records Act.
25 (e) On request of the mother and the father, the court
26 shall order a change in the child's name. After hearing
27 evidence the court may stay payment of support during the
28 period of the father's minority or period of disability.
29 (f) If, upon a showing of proper service, the father
30 fails to appear in court, or otherwise appear as provided by
31 law, the court may proceed to hear the cause upon testimony
32 of the mother or other parties taken in open court and shall
33 enter a judgment by default. The court may reserve any order
34 as to the amount of child support until the father has
-529- LRB093 05878 EFG 05971 b
1 received notice, by regular mail, of a hearing on the matter.
2 (g) A one-time charge of 20% is imposable upon the
3 amount of past-due child support owed on July 1, 1988 which
4 has accrued under a support order entered by the court. The
5 charge shall be imposed in accordance with the provisions of
6 Section 10-21 of the Illinois Public Aid Code and shall be
7 enforced by the court upon petition.
8 (h) All orders for support, when entered or modified,
9 shall include a provision requiring the non-custodial parent
10 to notify the court and, in cases in which party is receiving
11 child support enforcement services under Article X of the
12 Illinois Public Aid Code, the Illinois Department of Public
13 Aid, within 7 days, (i) of the name and address of any new
14 employer of the non-custodial parent, (ii) whether the
15 non-custodial parent has access to health insurance coverage
16 through the employer or other group coverage and, if so, the
17 policy name and number and the names of persons covered under
18 the policy, and (iii) of any new residential or mailing
19 address or telephone number of the non-custodial parent. In
20 any subsequent action to enforce a support order, upon a
21 sufficient showing that a diligent effort has been made to
22 ascertain the location of the non-custodial parent, service
23 of process or provision of notice necessary in the case may
24 be made at the last known address of the non-custodial parent
25 in any manner expressly provided by the Code of Civil
26 Procedure or this Act, which service shall be sufficient for
27 purposes of due process.
28 (i) An order for support shall include a date on which
29 the current support obligation terminates. The termination
30 date shall be no earlier than the date on which the child
31 covered by the order will attain the age of majority or is
32 otherwise emancipated. The order for support shall state
33 that the termination date does not apply to any arrearage
34 that may remain unpaid on that date. Nothing in this
-530- LRB093 05878 EFG 05971 b
1 subsection shall be construed to prevent the court from
2 modifying the order.
3 (j) An order entered under this Section shall include a
4 provision requiring the obligor to report to the obligee and
5 to the clerk of court within 10 days each time the obligor
6 obtains new employment, and each time the obligor's
7 employment is terminated for any reason. The report shall be
8 in writing and shall, in the case of new employment, include
9 the name and address of the new employer. Failure to report
10 new employment or the termination of current employment, if
11 coupled with nonpayment of support for a period in excess of
12 60 days, is indirect criminal contempt. For any obligor
13 arrested for failure to report new employment bond shall be
14 set in the amount of the child support that should have been
15 paid during the period of unreported employment. An order
16 entered under this Section shall also include a provision
17 requiring the obligor and obligee parents to advise each
18 other of a change in residence within 5 days of the change
19 except when the court finds that the physical, mental, or
20 emotional health of a party or that of a minor child, or
21 both, would be seriously endangered by disclosure of the
22 party's address.
23 (Source: P.A. 91-767, eff. 6-9-00; 92-590, eff. 7-1-02.)
24 (Text of Section after amendment by P.A. 92-876)
25 Sec. 14. Judgment.
26 (a) (1) The judgment shall contain or explicitly reserve
27 provisions concerning any duty and amount of child support
28 and may contain provisions concerning the custody and
29 guardianship of the child, visitation privileges with the
30 child, the furnishing of bond or other security for the
31 payment of the judgment, which the court shall determine in
32 accordance with the relevant factors set forth in the
33 Illinois Marriage and Dissolution of Marriage Act and any
34 other applicable law of Illinois, to guide the court in a
-531- LRB093 05878 EFG 05971 b
1 finding in the best interests of the child. In determining
2 custody, joint custody, or visitation, the court shall apply
3 the relevant standards of the Illinois Marriage and
4 Dissolution of Marriage Act. Specifically, in determining the
5 amount of any child support award, the court shall use the
6 guidelines and standards set forth in subsection (a) of
7 Section 505 and in Section 505.2 of the Illinois Marriage and
8 Dissolution of Marriage Act. For purposes of Section 505 of
9 the Illinois Marriage and Dissolution of Marriage Act, "net
10 income" of the non-custodial parent shall include any
11 benefits available to that person under the Illinois Public
12 Aid Code or from other federal, State or local
13 government-funded programs. The court shall, in any event
14 and regardless of the amount of the non-custodial parent's
15 net income, in its judgment order the non-custodial parent to
16 pay child support to the custodial parent in a minimum amount
17 of not less than $10 per month. In an action brought within 2
18 years after a child's birth, the judgment or order may direct
19 either parent to pay the reasonable expenses incurred by
20 either parent related to the mother's pregnancy and the
21 delivery of the child. The judgment or order shall contain
22 the father's social security number, which the father shall
23 disclose to the court; however, failure to include the
24 father's social security number on the judgment or order does
25 not invalidate the judgment or order.
26 (2) If a judgment of parentage contains no explicit
27 award of custody, the establishment of a support obligation
28 or of visitation rights in one parent shall be considered a
29 judgment granting custody to the other parent. If the
30 parentage judgment contains no such provisions, custody shall
31 be presumed to be with the mother; however, the presumption
32 shall not apply if the father has had physical custody for at
33 least 6 months prior to the date that the mother seeks to
34 enforce custodial rights.
-532- LRB093 05878 EFG 05971 b
1 (b) The court shall order all child support payments,
2 determined in accordance with such guidelines, to commence
3 with the date summons is served. The level of current
4 periodic support payments shall not be reduced because of
5 payments set for the period prior to the date of entry of the
6 support order. The Court may order any child support
7 payments to be made for a period prior to the commencement of
8 the action. In determining whether and the extent to which
9 the payments shall be made for any prior period, the court
10 shall consider all relevant facts, including the factors for
11 determining the amount of support specified in the Illinois
12 Marriage and Dissolution of Marriage Act and other equitable
13 factors including but not limited to:
14 (1) The father's prior knowledge of the fact and
15 circumstances of the child's birth.
16 (2) The father's prior willingness or refusal to
17 help raise or support the child.
18 (3) The extent to which the mother or the public
19 agency bringing the action previously informed the father
20 of the child's needs or attempted to seek or require his
21 help in raising or supporting the child.
22 (4) The reasons the mother or the public agency did
23 not file the action earlier.
24 (5) The extent to which the father would be
25 prejudiced by the delay in bringing the action.
26 For purposes of determining the amount of child support
27 to be paid for any period before the date the order for
28 current child support is entered, there is a rebuttable
29 presumption that the father's net income for the prior period
30 was the same as his net income at the time the order for
31 current child support is entered.
32 If (i) the non-custodial parent was properly served with
33 a request for discovery of financial information relating to
34 the non-custodial parent's ability to provide child support,
-533- LRB093 05878 EFG 05971 b
1 (ii) the non-custodial parent failed to comply with the
2 request, despite having been ordered to do so by the court,
3 and (iii) the non-custodial parent is not present at the
4 hearing to determine support despite having received proper
5 notice, then any relevant financial information concerning
6 the non-custodial parent's ability to provide child support
7 that was obtained pursuant to subpoena and proper notice
8 shall be admitted into evidence without the need to establish
9 any further foundation for its admission.
10 (c) Any new or existing support order entered by the
11 court under this Section shall be deemed to be a series of
12 judgments against the person obligated to pay support
13 thereunder, each judgment to be in the amount of each payment
14 or installment of support and each such judgment to be deemed
15 entered as of the date the corresponding payment or
16 installment becomes due under the terms of the support order.
17 Each judgment shall have the full force, effect and
18 attributes of any other judgment of this State, including the
19 ability to be enforced. A lien arises by operation of law
20 against the real and personal property of the noncustodial
21 parent for each installment of overdue support owed by the
22 noncustodial parent.
23 (d) If the judgment or order of the court is at variance
24 with the child's birth certificate, the court shall order
25 that a new birth certificate be issued under the Vital
26 Records Act.
27 (e) On request of the mother and the father, the court
28 shall order a change in the child's name. After hearing
29 evidence the court may stay payment of support during the
30 period of the father's minority or period of disability.
31 (f) If, upon a showing of proper service, the father
32 fails to appear in court, or otherwise appear as provided by
33 law, the court may proceed to hear the cause upon testimony
34 of the mother or other parties taken in open court and shall
-534- LRB093 05878 EFG 05971 b
1 enter a judgment by default. The court may reserve any order
2 as to the amount of child support until the father has
3 received notice, by regular mail, of a hearing on the matter.
4 (g) A one-time charge of 20% is imposable upon the
5 amount of past-due child support owed on July 1, 1988 which
6 has accrued under a support order entered by the court. The
7 charge shall be imposed in accordance with the provisions of
8 Section 10-21 of the Illinois Public Aid Code and shall be
9 enforced by the court upon petition.
10 (h) All orders for support, when entered or modified,
11 shall include a provision requiring the non-custodial parent
12 to notify the court and, in cases in which party is receiving
13 child support enforcement services under Article X of the
14 Illinois Public Aid Code, the Illinois Department of Public
15 Aid, within 7 days, (i) of the name and address of any new
16 employer of the non-custodial parent, (ii) whether the
17 non-custodial parent has access to health insurance coverage
18 through the employer or other group coverage and, if so, the
19 policy name and number and the names of persons covered under
20 the policy, and (iii) of any new residential or mailing
21 address or telephone number of the non-custodial parent. In
22 any subsequent action to enforce a support order, upon a
23 sufficient showing that a diligent effort has been made to
24 ascertain the location of the non-custodial parent, service
25 of process or provision of notice necessary in the case may
26 be made at the last known address of the non-custodial parent
27 in any manner expressly provided by the Code of Civil
28 Procedure or this Act, which service shall be sufficient for
29 purposes of due process.
30 (i) An order for support shall include a date on which
31 the current support obligation terminates. The termination
32 date shall be no earlier than the date on which the child
33 covered by the order will attain the age of 18. However, if
34 the child will not graduate from high school until after
-535- LRB093 05878 EFG 05971 b
1 attaining the age of 18, then the termination date shall be
2 no earlier than the earlier of the date on which the child's
3 high school graduation will occur or the date on which the
4 child will attain the age of 19. The order for support shall
5 state that the termination date does not apply to any
6 arrearage that may remain unpaid on that date. Nothing in
7 this subsection shall be construed to prevent the court from
8 modifying the order or terminating the order in the event the
9 child is otherwise emancipated.
10 (j) An order entered under this Section shall include a
11 provision requiring the obligor to report to the obligee and
12 to the clerk of court within 10 days each time the obligor
13 obtains new employment, and each time the obligor's
14 employment is terminated for any reason. The report shall be
15 in writing and shall, in the case of new employment, include
16 the name and address of the new employer. Failure to report
17 new employment or the termination of current employment, if
18 coupled with nonpayment of support for a period in excess of
19 60 days, is indirect criminal contempt. For any obligor
20 arrested for failure to report new employment bond shall be
21 set in the amount of the child support that should have been
22 paid during the period of unreported employment. An order
23 entered under this Section shall also include a provision
24 requiring the obligor and obligee parents to advise each
25 other of a change in residence within 5 days of the change
26 except when the court finds that the physical, mental, or
27 emotional health of a party or that of a minor child, or
28 both, would be seriously endangered by disclosure of the
29 party's address.
30 (Source: P.A. 91-767, eff. 6-9-00; 92-590, eff. 7-1-02;
31 92-876, eff. 6-1-03; revised 1-14-03.)
32 Section 57. The Adoption Act is amended by changing
33 Section 1 as follows:
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1 (750 ILCS 50/1) (from Ch. 40, par. 1501)
2 Sec. 1. Definitions. When used in this Act, unless the
3 context otherwise requires:
4 A. "Child" means a person under legal age subject to
5 adoption under this Act.
6 B. "Related child" means a child subject to adoption
7 where either or both of the adopting parents stands in any of
8 the following relationships to the child by blood or
9 marriage: parent, grand-parent, brother, sister, step-parent,
10 step-grandparent, step-brother, step-sister, uncle, aunt,
11 great-uncle, great-aunt, or cousin of first degree. A child
12 whose parent has executed a final irrevocable consent to
13 adoption or a final irrevocable surrender for purposes of
14 adoption, or whose parent has had his or her parental rights
15 terminated, is not a related child to that person, unless the
16 consent is determined to be void or is void pursuant to
17 subsection O of Section 10.
18 C. "Agency" for the purpose of this Act means a public
19 child welfare agency or a licensed child welfare agency.
20 D. "Unfit person" means any person whom the court shall
21 find to be unfit to have a child, without regard to the
22 likelihood that the child will be placed for adoption. The
23 grounds of unfitness are any one or more of the following,
24 except that a person shall not be considered an unfit person
25 for the sole reason that the person has relinquished a child
26 in accordance with the Abandoned Newborn Infant Protection
27 Act:
28 (a) Abandonment of the child.
29 (a-1) Abandonment of a newborn infant in a
30 hospital.
31 (a-2) Abandonment of a newborn infant in any
32 setting where the evidence suggests that the parent
33 intended to relinquish his or her parental rights.
34 (b) Failure to maintain a reasonable degree of
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1 interest, concern or responsibility as to the child's
2 welfare.
3 (c) Desertion of the child for more than 3 months
4 next preceding the commencement of the Adoption
5 proceeding.
6 (d) Substantial neglect of the child if continuous
7 or repeated.
8 (d-1) Substantial neglect, if continuous or
9 repeated, of any child residing in the household which
10 resulted in the death of that child.
11 (e) Extreme or repeated cruelty to the child.
12 (f) Two or more findings of physical abuse to any
13 children under Section 4-8 of the Juvenile Court Act or
14 Section 2-21 of the Juvenile Court Act of 1987, the most
15 recent of which was determined by the juvenile court
16 hearing the matter to be supported by clear and
17 convincing evidence; a criminal conviction or a finding
18 of not guilty by reason of insanity resulting from the
19 death of any child by physical child abuse; or a finding
20 of physical child abuse resulting from the death of any
21 child under Section 4-8 of the Juvenile Court Act or
22 Section 2-21 of the Juvenile Court Act of 1987.
23 (g) Failure to protect the child from conditions
24 within his environment injurious to the child's welfare.
25 (h) Other neglect of, or misconduct toward the
26 child; provided that in making a finding of unfitness the
27 court hearing the adoption proceeding shall not be bound
28 by any previous finding, order or judgment affecting or
29 determining the rights of the parents toward the child
30 sought to be adopted in any other proceeding except such
31 proceedings terminating parental rights as shall be had
32 under either this Act, the Juvenile Court Act or the
33 Juvenile Court Act of 1987.
34 (i) Depravity. Conviction of any one of the
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1 following crimes shall create a presumption that a parent
2 is depraved which can be overcome only by clear and
3 convincing evidence: (1) first degree murder in violation
4 of paragraph 1 or 2 of subsection (a) of Section 9-1 of
5 the Criminal Code of 1961 or conviction of second degree
6 murder in violation of subsection (a) of Section 9-2 of
7 the Criminal Code of 1961 of a parent of the child to be
8 adopted; (2) first degree murder or second degree murder
9 of any child in violation of the Criminal Code of 1961;
10 (3) attempt or conspiracy to commit first degree murder
11 or second degree murder of any child in violation of the
12 Criminal Code of 1961; (4) solicitation to commit murder
13 of any child, solicitation to commit murder of any child
14 for hire, or solicitation to commit second degree murder
15 of any child in violation of the Criminal Code of 1961;
16 or (5) aggravated criminal sexual assault in violation of
17 Section 12-14(b)(1) of the Criminal Code of 1961.
18 There is a rebuttable presumption that a parent is
19 depraved if the parent has been criminally convicted of
20 at least 3 felonies under the laws of this State or any
21 other state, or under federal law, or the criminal laws
22 of any United States territory; and at least one of these
23 convictions took place within 5 years of the filing of
24 the petition or motion seeking termination of parental
25 rights.
26 There is a rebuttable presumption that a parent is
27 depraved if that parent has been criminally convicted of
28 either first or second degree murder of any person as
29 defined in the Criminal Code of 1961 within 10 years of
30 the filing date of the petition or motion to terminate
31 parental rights.
32 (j) Open and notorious adultery or fornication.
33 (j-1) (Blank).
34 (k) Habitual drunkenness or addiction to drugs,
-539- LRB093 05878 EFG 05971 b
1 other than those prescribed by a physician, for at least
2 one year immediately prior to the commencement of the
3 unfitness proceeding.
4 There is a rebuttable presumption that a parent is
5 unfit under this subsection with respect to any child to
6 which that parent gives birth where there is a confirmed
7 test result that at birth the child's blood, urine, or
8 meconium contained any amount of a controlled substance
9 as defined in subsection (f) of Section 102 of the
10 Illinois Controlled Substances Act or metabolites of such
11 substances, the presence of which in the newborn infant
12 was not the result of medical treatment administered to
13 the mother or the newborn infant; and the biological
14 mother of this child is the biological mother of at least
15 one other child who was adjudicated a neglected minor
16 under subsection (c) of Section 2-3 of the Juvenile Court
17 Act of 1987.
18 (l) Failure to demonstrate a reasonable degree of
19 interest, concern or responsibility as to the welfare of
20 a new born child during the first 30 days after its
21 birth.
22 (m) Failure by a parent (i) to make reasonable
23 efforts to correct the conditions that were the basis for
24 the removal of the child from the parent, or (ii) to make
25 reasonable progress toward the return of the child to the
26 parent within 9 months after an adjudication of neglected
27 or abused minor under Section 2-3 of the Juvenile Court
28 Act of 1987 or dependent minor under Section 2-4 of that
29 Act, or (iii) to make reasonable progress toward the
30 return of the child to the parent during any 9-month
31 period after the end of the initial 9-month period
32 following the adjudication of neglected or abused minor
33 under Section 2-3 of the Juvenile Court Act of 1987 or
34 dependent minor under Section 2-4 of that Act. If a
-540- LRB093 05878 EFG 05971 b
1 service plan has been established as required under
2 Section 8.2 of the Abused and Neglected Child Reporting
3 Act to correct the conditions that were the basis for the
4 removal of the child from the parent and if those
5 services were available, then, for purposes of this Act,
6 "failure to make reasonable progress toward the return of
7 the child to the parent" includes (I) the parent's
8 failure to substantially fulfill his or her obligations
9 under the service plan and correct the conditions that
10 brought the child into care within 9 months after the
11 adjudication under Section 2-3 or 2-4 of the Juvenile
12 Court Act of 1987 and (II) the parent's failure to
13 substantially fulfill his or her obligations under the
14 service plan and correct the conditions that brought the
15 child into care during any 9-month period after the end
16 of the initial 9-month period following the adjudication
17 under Section 2-3 or 2-4 of the Juvenile Court Act of
18 1987.
19 (m-1) Pursuant to the Juvenile Court Act of 1987, a
20 child has been in foster care for 15 months out of any 22
21 month period which begins on or after the effective date
22 of this amendatory Act of 1998 unless the child's parent
23 can prove by a preponderance of the evidence that it is
24 more likely than not that it will be in the best
25 interests of the child to be returned to the parent
26 within 6 months of the date on which a petition for
27 termination of parental rights is filed under the
28 Juvenile Court Act of 1987. The 15 month time limit is
29 tolled during any period for which there is a court
30 finding that the appointed custodian or guardian failed
31 to make reasonable efforts to reunify the child with his
32 or her family, provided that (i) the finding of no
33 reasonable efforts is made within 60 days of the period
34 when reasonable efforts were not made or (ii) the parent
-541- LRB093 05878 EFG 05971 b
1 filed a motion requesting a finding of no reasonable
2 efforts within 60 days of the period when reasonable
3 efforts were not made. For purposes of this subdivision
4 (m-1), the date of entering foster care is the earlier
5 of: (i) the date of a judicial finding at an adjudicatory
6 hearing that the child is an abused, neglected, or
7 dependent minor; or (ii) 60 days after the date on which
8 the child is removed from his or her parent, guardian, or
9 legal custodian.
10 (n) Evidence of intent to forgo his or her parental
11 rights, whether or not the child is a ward of the court,
12 (1) as manifested by his or her failure for a period of
13 12 months: (i) to visit the child, (ii) to communicate
14 with the child or agency, although able to do so and not
15 prevented from doing so by an agency or by court order,
16 or (iii) to maintain contact with or plan for the future
17 of the child, although physically able to do so, or (2)
18 as manifested by the father's failure, where he and the
19 mother of the child were unmarried to each other at the
20 time of the child's birth, (i) to commence legal
21 proceedings to establish his paternity under the Illinois
22 Parentage Act of 1984 or the law of the jurisdiction of
23 the child's birth within 30 days of being informed,
24 pursuant to Section 12a of this Act, that he is the
25 father or the likely father of the child or, after being
26 so informed where the child is not yet born, within 30
27 days of the child's birth, or (ii) to make a good faith
28 effort to pay a reasonable amount of the expenses related
29 to the birth of the child and to provide a reasonable
30 amount for the financial support of the child, the court
31 to consider in its determination all relevant
32 circumstances, including the financial condition of both
33 parents; provided that the ground for termination
34 provided in this subparagraph (n)(2)(ii) shall only be
-542- LRB093 05878 EFG 05971 b
1 available where the petition is brought by the mother or
2 the husband of the mother.
3 Contact or communication by a parent with his or her
4 child that does not demonstrate affection and concern
5 does not constitute reasonable contact and planning under
6 subdivision (n). In the absence of evidence to the
7 contrary, the ability to visit, communicate, maintain
8 contact, pay expenses and plan for the future shall be
9 presumed. The subjective intent of the parent, whether
10 expressed or otherwise, unsupported by evidence of the
11 foregoing parental acts manifesting that intent, shall
12 not preclude a determination that the parent has intended
13 to forgo his or her parental rights. In making this
14 determination, the court may consider but shall not
15 require a showing of diligent efforts by an authorized
16 agency to encourage the parent to perform the acts
17 specified in subdivision (n).
18 It shall be an affirmative defense to any allegation
19 under paragraph (2) of this subsection that the father's
20 failure was due to circumstances beyond his control or to
21 impediments created by the mother or any other person
22 having legal custody. Proof of that fact need only be by
23 a preponderance of the evidence.
24 (o) Repeated or continuous failure by the parents,
25 although physically and financially able, to provide the
26 child with adequate food, clothing, or shelter.
27 (p) Inability to discharge parental
28 responsibilities supported by competent evidence from a
29 psychiatrist, licensed clinical social worker, or
30 clinical psychologist of mental impairment, mental
31 illness or mental retardation as defined in Section 1-116
32 of the Mental Health and Developmental Disabilities Code,
33 or developmental disability as defined in Section 1-106
34 of that Code, and there is sufficient justification to
-543- LRB093 05878 EFG 05971 b
1 believe that the inability to discharge parental
2 responsibilities shall extend beyond a reasonable time
3 period. However, this subdivision (p) shall not be
4 construed so as to permit a licensed clinical social
5 worker to conduct any medical diagnosis to determine
6 mental illness or mental impairment.
7 (q) The parent has been criminally convicted of
8 aggravated battery, heinous battery, or attempted murder
9 of any child.
10 (r) The child is in the temporary custody or
11 guardianship of the Department of Children and Family
12 Services, the parent is incarcerated as a result of
13 criminal conviction at the time the petition or motion
14 for termination of parental rights is filed, prior to
15 incarceration the parent had little or no contact with
16 the child or provided little or no support for the child,
17 and the parent's incarceration will prevent the parent
18 from discharging his or her parental responsibilities for
19 the child for a period in excess of 2 years after the
20 filing of the petition or motion for termination of
21 parental rights.
22 (s) The child is in the temporary custody or
23 guardianship of the Department of Children and Family
24 Services, the parent is incarcerated at the time the
25 petition or motion for termination of parental rights is
26 filed, the parent has been repeatedly incarcerated as a
27 result of criminal convictions, and the parent's repeated
28 incarceration has prevented the parent from discharging
29 his or her parental responsibilities for the child.
30 (t) A finding that at birth the child's blood,
31 urine, or meconium contained any amount of a controlled
32 substance as defined in subsection (f) of Section 102 of
33 the Illinois Controlled Substances Act, or a metabolite
34 of a controlled substance, with the exception of
-544- LRB093 05878 EFG 05971 b
1 controlled substances or metabolites of such substances,
2 the presence of which in the newborn infant was the
3 result of medical treatment administered to the mother or
4 the newborn infant, and that the biological mother of
5 this child is the biological mother of at least one other
6 child who was adjudicated a neglected minor under
7 subsection (c) of Section 2-3 of the Juvenile Court Act
8 of 1987, after which the biological mother had the
9 opportunity to enroll in and participate in a clinically
10 appropriate substance abuse counseling, treatment, and
11 rehabilitation program.
12 E. "Parent" means the father or mother of a legitimate
13 or illegitimate child. For the purpose of this Act, a person
14 who has executed a final and irrevocable consent to adoption
15 or a final and irrevocable surrender for purposes of
16 adoption, or whose parental rights have been terminated by a
17 court, is not a parent of the child who was the subject of
18 the consent or surrender, unless the consent is void pursuant
19 to subsection O of Section 10.
20 F. A person is available for adoption when the person
21 is:
22 (a) a child who has been surrendered for adoption
23 to an agency and to whose adoption the agency has
24 thereafter consented;
25 (b) a child to whose adoption a person authorized
26 by law, other than his parents, has consented, or to
27 whose adoption no consent is required pursuant to Section
28 8 of this Act;
29 (c) a child who is in the custody of persons who
30 intend to adopt him through placement made by his
31 parents;
32 (c-1) a child for whom a parent has signed a
33 specific consent pursuant to subsection O of Section 10;
34 (d) an adult who meets the conditions set forth in
-545- LRB093 05878 EFG 05971 b
1 Section 3 of this Act; or
2 (e) a child who has been relinquished as defined in
3 Section 10 of the Abandoned Newborn Infant Protection
4 Act.
5 A person who would otherwise be available for adoption
6 shall not be deemed unavailable for adoption solely by reason
7 of his or her death.
8 G. The singular includes the plural and the plural
9 includes the singular and the "male" includes the "female",
10 as the context of this Act may require.
11 H. "Adoption disruption" occurs when an adoptive
12 placement does not prove successful and it becomes necessary
13 for the child to be removed from placement before the
14 adoption is finalized.
15 I. "Foreign placing agency" is an agency or individual
16 operating in a country or territory outside the United States
17 that is authorized by its country to place children for
18 adoption either directly with families in the United States
19 or through United States based international agencies.
20 J. "Immediate relatives" means the biological parents,
21 the parents of the biological parents and siblings of the
22 biological parents.
23 K. "Intercountry adoption" is a process by which a child
24 from a country other than the United States is adopted.
25 L. "Intercountry Adoption Coordinator" is a staff person
26 of the Department of Children and Family Services appointed
27 by the Director to coordinate the provision of services by
28 the public and private sector to prospective parents of
29 foreign-born children.
30 M. "Interstate Compact on the Placement of Children" is
31 a law enacted by most states for the purpose of establishing
32 uniform procedures for handling the interstate placement of
33 children in foster homes, adoptive homes, or other child care
34 facilities.
-546- LRB093 05878 EFG 05971 b
1 N. "Non-Compact state" means a state that has not
2 enacted the Interstate Compact on the Placement of Children.
3 O. "Preadoption requirements" are any conditions
4 established by the laws or regulations of the Federal
5 Government or of each state that must be met prior to the
6 placement of a child in an adoptive home.
7 P. "Abused child" means a child whose parent or
8 immediate family member, or any person responsible for the
9 child's welfare, or any individual residing in the same home
10 as the child, or a paramour of the child's parent:
11 (a) inflicts, causes to be inflicted, or allows to
12 be inflicted upon the child physical injury, by other
13 than accidental means, that causes death, disfigurement,
14 impairment of physical or emotional health, or loss or
15 impairment of any bodily function;
16 (b) creates a substantial risk of physical injury
17 to the child by other than accidental means which would
18 be likely to cause death, disfigurement, impairment of
19 physical or emotional health, or loss or impairment of
20 any bodily function;
21 (c) commits or allows to be committed any sex
22 offense against the child, as sex offenses are defined in
23 the Criminal Code of 1961 and extending those definitions
24 of sex offenses to include children under 18 years of
25 age;
26 (d) commits or allows to be committed an act or
27 acts of torture upon the child; or
28 (e) inflicts excessive corporal punishment.
29 Q. "Neglected child" means any child whose parent or
30 other person responsible for the child's welfare withholds or
31 denies nourishment or medically indicated treatment including
32 food or care denied solely on the basis of the present or
33 anticipated mental or physical impairment as determined by a
34 physician acting alone or in consultation with other
-547- LRB093 05878 EFG 05971 b
1 physicians or otherwise does not provide the proper or
2 necessary support, education as required by law, or medical
3 or other remedial care recognized under State law as
4 necessary for a child's well-being, or other care necessary
5 for his or her well-being, including adequate food, clothing
6 and shelter; or who is abandoned by his or her parents or
7 other person responsible for the child's welfare.
8 A child shall not be considered neglected or abused for
9 the sole reason that the child's parent or other person
10 responsible for his or her welfare depends upon spiritual
11 means through prayer alone for the treatment or cure of
12 disease or remedial care as provided under Section 4 of the
13 Abused and Neglected Child Reporting Act. A child shall not
14 be considered neglected or abused for the sole reason that
15 the child's parent or other person responsible for the
16 child's welfare failed to vaccinate, delayed vaccination, or
17 refused vaccination for the child due to a waiver on
18 religious or medical grounds as permitted by law.
19 R. "Putative father" means a man who may be a child's
20 father, but who (1) is not married to the child's mother on
21 or before the date that the child was or is to be born and
22 (2) has not established paternity of the child in a court
23 proceeding before the filing of a petition for the adoption
24 of the child. The term includes a male who is less than 18
25 years of age. "Putative father" does not mean a man who is
26 the child's father as a result of criminal sexual abuse or
27 assault as defined under Article 12 of the Criminal Code of
28 1961. A child shall not be considered neglected or abused for
29 the sole reason that the child's parent or other person
30 responsible for the child's welfare failed to vaccinate,
31 delayed vaccination, or refused vaccination for the child due
32 to a waiver on religious or medical grounds as permitted by
33 law.
34 S. "Standby adoption" means an adoption in which a
-548- LRB093 05878 EFG 05971 b
1 terminally ill parent consents to custody and termination of
2 parental rights to become effective upon the occurrence of a
3 future event, which is either the death of the terminally ill
4 parent or the request of the parent for the entry of a final
5 judgment of adoption.
6 T. "Terminally ill parent" means a person who has a
7 medical prognosis by a physician licensed to practice
8 medicine in all of its branches that the person has an
9 incurable and irreversible condition which will lead to
10 death.
11 (Source: P.A. 91-357, eff. 7-29-99; 91-373, eff. 1-1-00;
12 91-572, eff. 1-1-00; 92-16, eff. 6-28-01; 92-375, eff.
13 1-1-02; 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; 92-651,
14 7-11-02; revised 8-23-02.)
15 Section 58. The Illinois Domestic Violence Act of 1986
16 is amended by changing Sections 219, 224, and 302 as follows:
17 (750 ILCS 60/219) (from Ch. 40, par. 2312-19)
18 Sec. 219. Plenary order of protection. A plenary order
19 of protection shall issue if petitioner has served notice of
20 the hearing for that order on respondent, in accordance with
21 Section 211, and satisfies the requirements of this Section
22 for one or more of the requested remedies. For each remedy
23 requested, petitioner must establish that:
24 (1) the court has jurisdiction under Section 208;
25 (2) the requirements of Section 214 are satisfied; and
26 (3) a general appearance was made or filed by or for
27 respondent or process was served on respondent in the manner
28 required by Section 210; and
29 (4) respondent has answered or is in default.
30 (Source: P.A. 84-1305; revised 2-25-02.)
31 (750 ILCS 60/224) (from Ch. 40, par. 2312-24)
-549- LRB093 05878 EFG 05971 b
1 Sec. 224. Modification and re-opening of orders.
2 (a) Except as otherwise provided in this Section, upon
3 motion by petitioner, the court may modify an emergency,
4 interim, or plenary order of protection:
5 (1) If respondent has abused petitioner since the
6 hearing for that order, by adding or altering one or more
7 remedies, as authorized by Section 214; and
8 (2) Otherwise, by adding any remedy authorized by
9 Section 214 which was:
10 (i) reserved in that order of protection;
11 (ii) not requested for inclusion in that order
12 of protection; or
13 (iii) denied on procedural grounds, but not on
14 the merits.
15 (b) Upon motion by petitioner or respondent, the court
16 may modify any prior order of protection's remedy for
17 custody, visitation or payment of support in accordance with
18 the relevant provisions of the Illinois Marriage and
19 Dissolution of Marriage Act. Each order of protection shall
20 be entered in the Law Enforcement Agencies Automated Data
21 System on the same day it is issued by the court.
22 (c) After 30 days following entry of a plenary order of
23 protection, a court may modify that order only when changes
24 in the applicable law or facts since that plenary order was
25 entered warrant a modification of its terms.
26 (d) Upon 2 days' notice to petitioner, in accordance
27 with Section 211 of this Act, or such shorter notice as the
28 court may prescribe, a respondent subject to an emergency or
29 interim order of protection issued under this Act may appear
30 and petition the court to re-hear the original or amended
31 petition. Any petition to re-hear shall be verified and
32 shall allege the following:
33 (1) that respondent did not receive prior notice of
34 the initial hearing in which the emergency, interim, or
-550- LRB093 05878 EFG 05971 b
1 plenary order was entered under Sections 211 and 217; and
2 (2) that respondent had a meritorious defense to
3 the order or any of its remedies or that the order or any
4 of its remedies was not authorized by this Act.
5 (e) In the event that the emergency or interim order
6 granted petitioner exclusive possession and the petition of
7 respondent seeks to re-open or vacate that grant, the court
8 shall set a date for hearing within 14 days on all issues
9 relating to exclusive possession. Under no circumstances
10 shall a court continue a hearing concerning exclusive
11 possession beyond the 14th day, except by agreement of the
12 parties. Other issues raised by the pleadings may be
13 consolidated for the hearing if neither party nor the court
14 objects.
15 (f) This Section does not limit the means, otherwise
16 available by law, for vacating or modifying orders of
17 protection.
18 (Source: P.A. 87-1186; revised 2-17-03.)
19 (750 ILCS 60/302) (from Ch. 40, par. 2313-2)
20 Sec. 302. Data maintenance by law enforcement agencies.
21 (a) All sheriffs shall furnish to the Department of
22 State Police, on the same day as received, in the form and
23 detail the Department requires, copies of any recorded
24 emergency, interim, or plenary orders of protection issued
25 by the court, and any foreign orders of protection filed by
26 the clerk of the court, and transmitted to the sheriff by the
27 clerk of the court pursuant to subsection (b) of Section 222
28 of this Act. Each order of protection shall be entered in
29 the Law Enforcement Agencies Automated Data System on the
30 same day it is issued by the court. If an emergency order of
31 protection was issued in accordance with subsection (c) of
32 Section 217, the order shall be entered in the Law
33 Enforcement Agencies Automated Data System as soon as
-551- LRB093 05878 EFG 05971 b
1 possible after receipt from the clerk.
2 (b) The Department of State Police shall maintain a
3 complete and systematic record and index of all valid and
4 recorded orders of protection issued pursuant to this Act.
5 The data shall be used to inform all dispatchers and law
6 enforcement officers at the scene of an alleged incident of
7 abuse, neglect, or exploitation or violation of an order of
8 protection of any recorded prior incident of abuse, neglect,
9 or exploitation involving the abused, neglected, or exploited
10 party and the effective dates and terms of any recorded order
11 of protection.
12 (c) The data, records and transmittals required under
13 this Section shall pertain to any valid emergency, interim or
14 plenary order of protection, whether issued in a civil or
15 criminal proceeding or authorized under the laws of another
16 state, tribe, or United States territory.
17 (Source: P.A. 90-392, eff. 1-1-98; 91-903, eff. 1-1-01;
18 revised 2-17-03.)
19 Section 59. The Probate Act of 1975 is amended by
20 changing Section 11a-18 as follows:
21 (755 ILCS 5/11a-18) (from Ch. 110 1/2, par. 11a-18)
22 Sec. 11a-18. Duties of the estate guardian.
23 (a) To the extent specified in the order establishing
24 the guardianship, the guardian of the estate shall have the
25 care, management and investment of the estate, shall manage
26 the estate frugally and shall apply the income and principal
27 of the estate so far as necessary for the comfort and
28 suitable support and education of the ward, his minor and
29 adult dependent children, and persons related by blood or
30 marriage who are dependent upon or entitled to support from
31 him, or for any other purpose which the court deems to be for
32 the best interests of the ward, and the court may approve the
-552- LRB093 05878 EFG 05971 b
1 making on behalf of the ward of such agreements as the court
2 determines to be for the ward's best interests. The guardian
3 may make disbursement of his ward's funds and estate directly
4 to the ward or other distributee or in such other manner and
5 in such amounts as the court directs. If the estate of a
6 ward is derived in whole or in part from payments of
7 compensation, adjusted compensation, pension, insurance or
8 other similar benefits made directly to the estate by the
9 Veterans Administration, notice of the application for leave
10 to invest or expend the ward's funds or estate, together with
11 a copy of the petition and proposed order, shall be given to
12 the Veterans' Administration Regional Office in this State at
13 least 7 days before the hearing on the application.
14 (a-5) The probate court, upon petition of a guardian,
15 other than the guardian of a minor, and after notice to all
16 other persons interested as the court directs, may authorize
17 the guardian to exercise any or all powers over the estate
18 and business affairs of the ward that the ward could exercise
19 if present and not under disability. The court may authorize
20 the taking of an action or the application of funds not
21 required for the ward's current and future maintenance and
22 support in any manner approved by the court as being in
23 keeping with the ward's wishes so far as they can be
24 ascertained. The court must consider the permanence of the
25 ward's disabling condition and the natural objects of the
26 ward's bounty. In ascertaining and carrying out the ward's
27 wishes the court may consider, but shall not be limited to,
28 minimization of State or federal income, estate, or
29 inheritance taxes; and providing gifts to charities,
30 relatives, and friends that would be likely recipients of
31 donations from the ward. The ward's wishes as best they can
32 be ascertained shall be carried out, whether or not tax
33 savings are involved. Actions or applications of funds may
34 include, but shall not be limited to, the following:
-553- LRB093 05878 EFG 05971 b
1 (1) making gifts of income or principal, or both,
2 of the estate, either outright or in trust;
3 (2) conveying, releasing, or disclaiming his or her
4 contingent and expectant interests in property, including
5 marital property rights and any right of survivorship
6 incident to joint tenancy or tenancy by the entirety;
7 (3) releasing or disclaiming his or her powers as
8 trustee, personal representative, custodian for minors,
9 or guardian;
10 (4) exercising, releasing, or disclaiming his or
11 her powers as donee of a power of appointment;
12 (5) entering into contracts;
13 (6) creating for the benefit of the ward or others,
14 revocable or irrevocable trusts of his or her property
15 that may extend beyond his or her disability or life;.
16 (7) exercising options of the ward to purchase or
17 exchange securities or other property;
18 (8) exercising the rights of the ward to elect
19 benefit or payment options, to terminate, to change
20 beneficiaries or ownership, to assign rights, to borrow,
21 or to receive cash value in return for a surrender of
22 rights under any one or more of the following:
23 (i) life insurance policies, plans, or
24 benefits,.
25 (ii) annuity policies, plans, or benefits,.
26 (iii) mutual fund and other dividend
27 investment plans,.
28 (iv) retirement, profit sharing, and employee
29 welfare plans and benefits;
30 (9) exercising his or her right to claim or
31 disclaim an elective share in the estate of his or her
32 deceased spouse and to renounce any interest by testate
33 or intestate succession or by inter vivos transfer;
34 (10) changing the ward's residence or domicile; or
-554- LRB093 05878 EFG 05971 b
1 (11) modifying by means of codicil or trust
2 amendment the terms of the ward's will or any revocable
3 trust created by the ward, as the court may consider
4 advisable in light of changes in applicable tax laws.
5 The guardian in his or her petition shall briefly outline
6 the action or application of funds for which he or she seeks
7 approval, the results expected to be accomplished thereby,
8 and the tax savings, if any, expected to accrue. The
9 proposed action or application of funds may include gifts of
10 the ward's personal property or real estate, but transfers of
11 real estate shall be subject to the requirements of Section
12 20 of this Act. Gifts may be for the benefit of prospective
13 legatees, devisees, or heirs apparent of the ward or may be
14 made to individuals or charities in which the ward is
15 believed to have an interest. The guardian shall also
16 indicate in the petition that any planned disposition is
17 consistent with the intentions of the ward insofar as they
18 can be ascertained, and if the ward's intentions cannot be
19 ascertained, the ward will be presumed to favor reduction in
20 the incidents of various forms of taxation and the partial
21 distribution of his or her estate as provided in this
22 subsection. The guardian shall not, however, be required to
23 include as a beneficiary or fiduciary any person who he has
24 reason to believe would be excluded by the ward. A guardian
25 shall be required to investigate and pursue a ward's
26 eligibility for governmental benefits.
27 (b) Upon the direction of the court which issued his
28 letters, a guardian may perform the contracts of his ward
29 which were legally subsisting at the time of the commencement
30 of the ward's disability. The court may authorize the
31 guardian to execute and deliver any bill of sale, deed or
32 other instrument.
33 (c) The guardian of the estate of a ward shall appear
34 for and represent the ward in all legal proceedings unless
-555- LRB093 05878 EFG 05971 b
1 another person is appointed for that purpose as guardian or
2 next friend. This does not impair the power of any court to
3 appoint a guardian ad litem or next friend to defend the
4 interests of the ward in that court, or to appoint or allow
5 any person as the next friend of a ward to commence,
6 prosecute or defend any proceeding in his behalf. Without
7 impairing the power of the court in any respect, if the
8 guardian of the estate of a ward and another person as next
9 friend shall appear for and represent the ward in a legal
10 proceeding in which the compensation of the attorney or
11 attorneys representing the guardian and next friend is solely
12 determined under a contingent fee arrangement, the guardian
13 of the estate of the ward shall not participate in or have
14 any duty to review the prosecution of the action, to
15 participate in or review the appropriateness of any
16 settlement of the action, or to participate in or review any
17 determination of the appropriateness of any fees awarded to
18 the attorney or attorneys employed in the prosecution of the
19 action.
20 (d) Adjudication of disability shall not revoke or
21 otherwise terminate a trust which is revocable by the ward.
22 A guardian of the estate shall have no authority to revoke a
23 trust that is revocable by the ward, except that the court
24 may authorize a guardian to revoke a Totten trust or similar
25 deposit or withdrawable capital account in trust to the
26 extent necessary to provide funds for the purposes specified
27 in paragraph (a) of this Section. If the trustee of any
28 trust for the benefit of the ward has discretionary power to
29 apply income or principal for the ward's benefit, the trustee
30 shall not be required to distribute any of the income or
31 principal to the guardian of the ward's estate, but the
32 guardian may bring an action on behalf of the ward to compel
33 the trustee to exercise the trustee's discretion or to seek
34 relief from an abuse of discretion. This paragraph shall not
-556- LRB093 05878 EFG 05971 b
1 limit the right of a guardian of the estate to receive
2 accountings from the trustee on behalf of the ward.
3 (e) Absent court order pursuant to the "Illinois Power
4 of Attorney Act" enacted by the 85th General Assembly
5 directing a guardian to exercise powers of the principal
6 under an agency that survives disability, the guardian will
7 have no power, duty or liability with respect to any property
8 subject to the agency. This subsection (e) applies to all
9 agencies, whenever and wherever executed.
10 (f) Upon petition by any interested person (including
11 the standby or short-term guardian), with such notice to
12 interested persons as the court directs and a finding by the
13 court that it is in the best interest of the disabled person,
14 the court may terminate or limit the authority of a standby
15 or short-term guardian or may enter such other orders as the
16 court deems necessary to provide for the best interest of the
17 disabled person. The petition for termination or limitation
18 of the authority of a standby or short-term guardian may, but
19 need not, be combined with a petition to have another
20 guardian appointed for the disabled person.
21 (Source: P.A. 89-672, eff. 8-14-96; 90-345, eff. 8-8-97;
22 90-796, eff. 12-15-98; revised 1-20-03.)
23 Section 60. The Uniform Commercial Code is amended by
24 changing Section 8-106 as follows:
25 (810 ILCS 5/8-106) (from Ch. 26, par. 8-106)
26 Sec. 8-106. Control.
27 (a) A purchaser has "control" of a certificated security
28 in bearer form if the certificated security is delivered to
29 the purchaser.
30 (b) A purchaser has "control" of a certificated security
31 in registered form if the certificated security is delivered
32 to the purchaser, and:
-557- LRB093 05878 EFG 05971 b
1 (1) the certificate is indorsed to the purchaser or
2 in blank by an effective indorsement; or
3 (2) the certificate is registered in the name of
4 the purchaser, upon original issue or registration of
5 transfer by the issuer.
6 (c) A purchaser has "control" of an uncertificated
7 security if:
8 (1) the uncertificated security is delivered to the
9 purchaser; or
10 (2) the issuer has agreed that it will comply with
11 instructions originated by the purchaser without further
12 consent by the registered owner.; or
13 (3) another person has control of the security
14 entitlement on behalf of the purchaser or, having
15 previously acquired control of the security entitlement,
16 acknowledges that it has control on behalf of the
17 purchaser.
18 (d) A purchaser has "control" of a security entitlement
19 if:
20 (1) the purchaser becomes the entitlement holder;
21 or
22 (2) the securities intermediary has agreed that it
23 will comply with entitlement orders originated by the
24 purchaser without further consent by the entitlement
25 holder; or.
26 (3) another person has control of the security
27 entitlement on behalf of the purchaser or, having
28 previously acquired control of the security entitlement,
29 acknowledges that it has control on behalf of the
30 purchaser.
31 (e) If an interest in a security entitlement is granted
32 by the entitlement holder to the entitlement holder's own
33 securities intermediary, the securities intermediary has
34 control.
-558- LRB093 05878 EFG 05971 b
1 (f) A purchaser who has satisfied the requirements of
2 subsection (c) or (d) has control even if the registered
3 owner in the case of subsection (c) or the entitlement holder
4 in the case of subsection (d) retains the right to make
5 substitutions for the uncertificated security or security
6 entitlement, to originate instructions or entitlement orders
7 to the issuer or securities intermediary, or otherwise to
8 deal with the uncertificated security or security
9 entitlement.
10 (g) An issuer or a securities intermediary may not enter
11 into an agreement of the kind described in subsection (c)(2)
12 or (d)(2) without the consent of the registered owner or
13 entitlement holder, but an issuer or a securities
14 intermediary is not required to enter into such an agreement
15 even though the registered owner or entitlement holder so
16 directs. An issuer or securities intermediary that has
17 entered into such an agreement is not required to confirm the
18 existence of the agreement to another party unless requested
19 to do so by the registered owner or entitlement holder.
20 (Source: P.A. 91-893, eff. 7-1-01; revised 2-27-02.)
21 Section 997. No acceleration or delay. Where this Act
22 makes changes in a statute that is represented in this Act by
23 text that is not yet or no longer in effect (for example, a
24 Section represented by multiple versions), the use of that
25 text does not accelerate or delay the taking effect of (i)
26 the changes made by this Act or (ii) provisions derived from
27 any other Public Act.
28 Section 998. No revival or extension. This Act does not
29 revive or extend any Section or Act otherwise repealed.
30 Section 999. Effective date. This Act takes effect upon
31 becoming law.
-559- LRB093 05878 EFG 05971 b
1 INDEX
2 Statutes amended in order of appearance
3 5 ILCS 80/4.13 rep.
4 5 ILCS 80/4.22
5 5 ILCS 80/4.23
6 5 ILCS 100/1-5 from Ch. 127, par. 1001-5
7 5 ILCS 160/7 from Ch. 116, par. 43.10
8 5 ILCS 375/6.5
9 5 ILCS 375/10 from Ch. 127, par. 530
10 15 ILCS 520/7 from Ch. 130, par. 26
11 15 ILCS 520/22.5 from Ch. 130, par. 41a
12 20 ILCS 505/7 from Ch. 23, par. 5007
13 20 ILCS 655/5.5 from Ch. 67 1/2, par. 609.1
14 20 ILCS 3960/3 from Ch. 111 1/2, par. 1153
15 25 ILCS 130/10-3 from Ch. 63, par. 1010-3
16 30 ILCS 105/5.230 rep.
17 30 ILCS 105/5.545
18 30 ILCS 105/5.552
19 30 ILCS 105/5.567
20 30 ILCS 105/5.569
21 30 ILCS 105/5.570
22 30 ILCS 105/5.571
23 30 ILCS 105/5.572
24 30 ILCS 105/5.573
25 30 ILCS 105/5.574
26 30 ILCS 105/5.575
27 30 ILCS 105/5.576
28 30 ILCS 105/5.577
29 30 ILCS 105/5.578
30 30 ILCS 105/5.579
31 30 ILCS 105/5.580
32 30 ILCS 105/5.581
33 30 ILCS 105/5.582
34 30 ILCS 105/5.583
-560- LRB093 05878 EFG 05971 b
1 30 ILCS 105/5.584
2 30 ILCS 105/5.585
3 30 ILCS 105/5.586
4 30 ILCS 105/5.587
5 30 ILCS 105/5.588
6 30 ILCS 105/5.589
7 30 ILCS 105/5.590
8 30 ILCS 105/5.591
9 30 ILCS 105/5.592
10 30 ILCS 105/6z-43
11 30 ILCS 330/2 from Ch. 127, par. 652
12 30 ILCS 805/8.25
13 30 ILCS 805/8.26
14 35 ILCS 5/203 from Ch. 120, par. 2-203
15 35 ILCS 5/509 from Ch. 120, par. 5-509
16 35 ILCS 5/510 from Ch. 120, par. 5-510
17 35 ILCS 115/2 from Ch. 120, par. 439.102
18 35 ILCS 120/2-5 from Ch. 120, par. 441-5
19 35 ILCS 130/3 from Ch. 120, par. 453.3
20 35 ILCS 135/3 from Ch. 120, par. 453.33
21 35 ILCS 145/6 from Ch. 120, par. 481b.36
22 35 ILCS 200/15-25
23 35 ILCS 200/18-92
24 35 ILCS 200/18-93
25 35 ILCS 200/18-177
26 35 ILCS 200/18-101.47 rep.
27 35 ILCS 636/5-50
28 40 ILCS 5/8-137 from Ch. 108 1/2, par. 8-137
29 40 ILCS 5/8-138 from Ch. 108 1/2, par. 8-138
30 40 ILCS 5/Art. 9 heading
31 40 ILCS 5/11-134 from Ch. 108 1/2, par. 11-134
32 40 ILCS 5/11-134.1 from Ch. 108 1/2, par. 11-134.1
33 40 ILCS 5/Art. 13 heading
34 45 ILCS 170/110
-561- LRB093 05878 EFG 05971 b
1 45 ILCS 170/115
2 50 ILCS 750/15.3 from Ch. 134, par. 45.3
3 60 ILCS 1/85-50
4 60 ILCS 1/85-55
5 60 ILCS 1/235-20
6 65 ILCS 5/8-11-1.2 from Ch. 24, par. 8-11-1.2
7 65 ILCS 5/11-31-1 from Ch. 24, par. 11-31-1
8 70 ILCS 2605/288
9 70 ILCS 2605/289
10 105 ILCS 5/10-17a from Ch. 122, par. 10-17a
11 105 ILCS 5/10-20.35
12 105 ILCS 5/10-20.36
13 105 ILCS 5/10-22.20 from Ch. 122, par. 10-22.20
14 105 ILCS 5/18-8.05
15 105 ILCS 5/34-18 from Ch. 122, par. 34-18
16 105 ILCS 5/34-18.23
17 105 ILCS 5/34-18.24
18 105 ILCS 5/34-18.25
19 115 ILCS 5/2 from Ch. 48, par. 1702
20 205 ILCS 105/1-6e
21 205 ILCS 105/1-6f
22 205 ILCS 305/13 from Ch. 17, par. 4414
23 205 ILCS 305/30 from Ch. 17, par. 4431
24 210 ILCS 85/8 from Ch. 111 1/2, par. 149
25 210 ILCS 115/2.2 from Ch. 111 1/2, par. 712.2
26 215 ILCS 5/356z.2
27 215 ILCS 5/356z.3
28 220 ILCS 5/16-111
29 225 ILCS 65/10-30
30 225 ILCS 312/15
31 225 ILCS 312/25
32 225 ILCS 450/20.01 from Ch. 111, par. 5521.01
33 225 ILCS 728/10
34 235 ILCS 5/6-11 from Ch. 43, par. 127
-562- LRB093 05878 EFG 05971 b
1 235 ILCS 5/6-15 from Ch. 43, par. 130
2 305 ILCS 5/5-5.4 from Ch. 23, par. 5-5.4
3 305 ILCS 5/5-5.12 from Ch. 23, par. 5-5.12
4 305 ILCS 5/10-8.1
5 305 ILCS 5/10-10 from Ch. 23, par. 10-10
6 305 ILCS 5/10-11 from Ch. 23, par. 10-11
7 305 ILCS 5/12-13.05
8 410 ILCS 45/14 from Ch. 111 1/2, par. 1314
9 415 ILCS 5/57.2
10 415 ILCS 5/57.7
11 415 ILCS 5/57.8
12 415 ILCS 5/57.10
13 415 ILCS 5/57.13
14 415 ILCS 5/58.7
15 430 ILCS 65/4 from Ch. 38, par. 83-4
16 510 ILCS 70/4.01 from Ch. 8, par. 704.01
17 510 ILCS 70/4.04 from Ch. 8, par. 704.04
18 510 ILCS 70/16 from Ch. 8, par. 716
19 605 ILCS 5/5-701.2 from Ch. 121, par. 5-701.2
20 625 ILCS 5/3-412 from Ch. 95 1/2, par. 3-412
21 625 ILCS 5/3-413 from Ch. 95 1/2, par. 3-413
22 625 ILCS 5/3-621 from Ch. 95 1/2, par. 3-621
23 625 ILCS 5/3-622 from Ch. 95 1/2, par. 3-622
24 625 ILCS 5/3-625 from Ch. 95 1/2, par. 3-625
25 625 ILCS 5/3-648
26 625 ILCS 5/3-653
27 625 ILCS 5/3-654
28 625 ILCS 5/3-655
29 625 ILCS 5/3-656
30 625 ILCS 5/3-657
31 625 ILCS 5/3-658
32 625 ILCS 5/3-659
33 625 ILCS 5/3-660
34 625 ILCS 5/3-661
-563- LRB093 05878 EFG 05971 b
1 625 ILCS 5/3-662
2 625 ILCS 5/3-803 from Ch. 95 1/2, par. 3-803
3 625 ILCS 5/6-206 from Ch. 95 1/2, par. 6-206
4 625 ILCS 5/6-500 from Ch. 95 1/2, par. 6-500
5 625 ILCS 5/11-605 from Ch. 95 1/2, par. 11-605
6 625 ILCS 5/11-1201 from Ch. 95 1/2, par. 11-1201
7 625 ILCS 5/12-215 from Ch. 95 1/2, par. 12-215
8 625 ILCS 5/18b-105 from Ch. 95 1/2, par. 18b-105
9 720 ILCS 5/2-0.5 was 720 ILCS 5/2-.5
10 720 ILCS 5/3-6 from Ch. 38, par. 3-6
11 720 ILCS 5/12-2 from Ch. 38, par. 12-2
12 720 ILCS 5/12-4 from Ch. 38, par. 12-4
13 720 ILCS 5/17-1 from Ch. 38, par. 17-1
14 725 ILCS 5/108B-1 from Ch. 38, par. 108B-1
15 725 ILCS 5/108B-5 from Ch. 38, par. 108B-5
16 725 ILCS 5/108B-11 from Ch. 38, par. 108B-11
17 725 ILCS 5/112A-28 from Ch. 38, par. 112A-28
18 730 ILCS 5/5-4-1 from Ch. 38, par. 1005-4-1
19 730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3
20 730 ILCS 5/5-5-3 from Ch. 38, par. 1005-5-3
21 730 ILCS 5/5-8-1.3
22 730 ILCS 105/25 from Ch. 38, par. 1675
23 735 ILCS 5/2-1401 from Ch. 110, par. 2-1401
24 750 ILCS 5/510 from Ch. 40, par. 510
25 750 ILCS 16/20
26 750 ILCS 45/14 from Ch. 40, par. 2514
27 750 ILCS 50/1 from Ch. 40, par. 1501
28 750 ILCS 60/219 from Ch. 40, par. 2312-19
29 750 ILCS 60/224 from Ch. 40, par. 2312-24
30 750 ILCS 60/302 from Ch. 40, par. 2313-2
31 755 ILCS 5/11a-18 from Ch. 110 1/2, par. 11a-18
32 810 ILCS 5/8-106 from Ch. 26, par. 8-106