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1 | AN ACT to to revise the law by combining multiple | ||||||||||||||||||||||||
2 | enactments 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 Second 2004 General | ||||||||||||||||||||||||
7 | Revisory Act.
| ||||||||||||||||||||||||
8 | (b) This Act is not intended to make any substantive change | ||||||||||||||||||||||||
9 | in the law. It consists of (i) combining revisories, which | ||||||||||||||||||||||||
10 | reconcile conflicts that have arisen from multiple amendments | ||||||||||||||||||||||||
11 | and enactments, and (ii) technical revisories, which make | ||||||||||||||||||||||||
12 | technical corrections and revisions in the law. Some combining | ||||||||||||||||||||||||
13 | revisories also include technical revisions.
| ||||||||||||||||||||||||
14 | This Act renumbers certain Sections that have been added | ||||||||||||||||||||||||
15 | under existing or incorrect numbers. In certain cases in which | ||||||||||||||||||||||||
16 | a repealed Act or Section has been replaced with a successor | ||||||||||||||||||||||||
17 | law, this Act may incorporate amendments to the repealed Act or | ||||||||||||||||||||||||
18 | Section into the successor law. This Act also corrects errors, | ||||||||||||||||||||||||
19 | revises cross-references, and deletes or repeals obsolete | ||||||||||||||||||||||||
20 | text. | ||||||||||||||||||||||||
21 | (c) The Source reference at the end of each included | ||||||||||||||||||||||||
22 | Section indicates the sources in the Session Laws of Illinois | ||||||||||||||||||||||||
23 | that were used in the preparation of the text of that Section. | ||||||||||||||||||||||||
24 | The text of the Section included in this Act is intended to | ||||||||||||||||||||||||
25 | reconcile the different versions of the Section found in the | ||||||||||||||||||||||||
26 | Public Acts included in the list of sources, but may not | ||||||||||||||||||||||||
27 | include other versions of the Section to be found in Public | ||||||||||||||||||||||||
28 | Acts not included in the list of sources. The list of sources | ||||||||||||||||||||||||
29 | is not a part of the text of the Section.
| ||||||||||||||||||||||||
30 | (d) Public Acts 92-520 through 93-658 were considered in | ||||||||||||||||||||||||
31 | the preparation of the combining revisories included in this | ||||||||||||||||||||||||
32 | Act. In combining revisories, underscoring is used to indicate | ||||||||||||||||||||||||
33 | material not included in any of the multiple amendments; it is |
| |||||||
| |||||||
1 | not usually used to indicate material added by one Public Act | ||||||
2 | but absent from another. Similarly, striking indicates | ||||||
3 | material not stricken by any of the multiple amendments; | ||||||
4 | material stricken in one Public Act but not in another is | ||||||
5 | simply deleted. Many combining revisories contain no striking | ||||||
6 | or underscoring because no additional changes are being made in | ||||||
7 | the material that is being combined.
| ||||||
8 | (5 ILCS 80/4.13 rep.) (from Ch. 127, par. 1904.13)
| ||||||
9 | (5 ILCS 80/4.14 rep.) (from Ch. 127, par. 1904.14)
| ||||||
10 | Section 5. The Regulatory Sunset Act is amended by | ||||||
11 | repealing Sections 4.13 and 4.14. | ||||||
12 | Section 10. The State Records Act is amended by changing | ||||||
13 | Section 7 as follows:
| ||||||
14 | (5 ILCS 160/7) (from Ch. 116, par. 43.10)
| ||||||
15 | Sec. 7. Powers and duties of the Secretary . :
| ||||||
16 | (1) The Secretary, whenever it appears to him to be in the | ||||||
17 | public
interest, may accept for deposit in the State Archives | ||||||
18 | the records of any
agency or of the Legislative or Judicial | ||||||
19 | branches of the State government that
are determined by him to | ||||||
20 | have sufficient historical or other value to warrant
the | ||||||
21 | permanent preservation of such records by the State of | ||||||
22 | Illinois . ;
| ||||||
23 | (2) The Secretary may accept for deposit in the State | ||||||
24 | Archives official
papers, photographs, microfilm, electronic | ||||||
25 | and digital records, drawings,
maps, writings, and records of | ||||||
26 | every description of counties,
municipal corporations, | ||||||
27 | political subdivisions and courts of this State, and
records of | ||||||
28 | the federal government pertaining to Illinois, when such | ||||||
29 | materials
are deemed by the Secretary to have sufficient | ||||||
30 | historical or other value to
warrant their continued | ||||||
31 | preservation by the State of
Illinois.
| ||||||
32 | (3) The Secretary, whenever he deems it in the public | ||||||
33 | interest, may
accept for deposit in the State Archives motion |
| |||||||
| |||||||
1 | picture films, still pictures,
and sound recordings that are | ||||||
2 | appropriate for preservation by the State
government as | ||||||
3 | evidence of its organization, functions and policies.
| ||||||
4 | (4) The Secretary shall be responsible for the custody, | ||||||
5 | use, servicing
and withdrawal of records transferred for | ||||||
6 | deposit in the State Archives. The
Secretary shall observe any | ||||||
7 | rights, limitations, or restrictions imposed by law
relating to | ||||||
8 | the use of records, including the provisions of the Mental | ||||||
9 | Health
and Developmental Disabilities Confidentiality Act | ||||||
10 | which limit access to
certain records or which permit access to | ||||||
11 | certain records only after the
removal of all personally | ||||||
12 | identifiable data. Access to restricted records
shall be at the | ||||||
13 | direction of the depositing State agency or, in the case of
| ||||||
14 | records deposited by the legislative or judicial
branches of | ||||||
15 | State government at the direction of the branch which deposited
| ||||||
16 | them, but no limitation on access to such records shall extend | ||||||
17 | more than
75 years after the creation of the records, except as | ||||||
18 | provided in the Mental
Health and Developmental Disabilities | ||||||
19 | Confidentiality Act. The Secretary
shall not impose | ||||||
20 | restrictions on the use of records that are defined by
law as | ||||||
21 | public records or as records open to public inspection . ;
| ||||||
22 | (5) The Secretary shall make provision for the | ||||||
23 | preservation,
arrangement, repair, and rehabilitation, | ||||||
24 | duplication and reproduction,
description, and exhibition of | ||||||
25 | records deposited in the State Archives
as may be needed or | ||||||
26 | appropriate . ;
| ||||||
27 | (6) The Secretary shall make or reproduce and furnish upon | ||||||
28 | demand
authenticated or unauthenticated copies of any of the | ||||||
29 | documents, photographic
material or other records deposited in | ||||||
30 | the State Archives, the public
examination of which is not | ||||||
31 | prohibited by statutory limitations or restrictions
or | ||||||
32 | protected by copyright. The Secretary shall charge a fee | ||||||
33 | therefor in
accordance with the schedule of fees in Section 5.5 | ||||||
34 | of the Secretary of State
Act
10 of "An Act concerning fees and | ||||||
35 | salaries, and to classify the several
counties of this state | ||||||
36 | with reference thereto," approved March 29, 1872, as
amended , |
| |||||||
| |||||||
1 | except that there shall be no charge for making or | ||||||
2 | authentication of
such copies or reproductions furnished to any | ||||||
3 | department or agency of the State
for official use. When any | ||||||
4 | such copy or reproduction is authenticated by the
Great Seal of | ||||||
5 | the State of Illinois and is certified by the Secretary, or in
| ||||||
6 | his name by his authorized representative, such copy or | ||||||
7 | reproduction shall be
admitted in evidence as if it were the | ||||||
8 | original.
| ||||||
9 | (7) Any official of the State of Illinois may turn over to | ||||||
10 | the
Secretary of State, with his consent, for permanent | ||||||
11 | preservation in the
State Archives, any official books, | ||||||
12 | records, documents, original papers,
or files, not in current | ||||||
13 | use in his office, taking a receipt therefor.
| ||||||
14 | (8) (Blank).
| ||||||
15 | (9) The Secretary may cooperate with the Illinois State | ||||||
16 | Genealogical
Society, or its successor organization, for the | ||||||
17 | mutual benefit of the Society
and the Illinois State Archives, | ||||||
18 | with the State Archives furnishing necessary
space for the | ||||||
19 | society to carry on its functions and keep its records, to
| ||||||
20 | receive publications of the Illinois State Genealogical | ||||||
21 | Society, to use members
of the Illinois State Genealogical | ||||||
22 | Society as volunteers in various archival
projects and to store | ||||||
23 | the Illinois State Genealogical Society's film
collections.
| ||||||
24 | (Source: P.A. 92-866, eff. 1-3-03; revised 1-20-03 .)
| ||||||
25 | Section 15. The State Employees Group Insurance Act of 1971 | ||||||
26 | is amended by changing Section 10 as follows:
| ||||||
27 | (5 ILCS 375/10) (from Ch. 127, par. 530)
| ||||||
28 | Sec. 10. Payments by State; premiums.
| ||||||
29 | (a) The State shall pay the cost of basic non-contributory | ||||||
30 | group life
insurance and, subject to member paid contributions | ||||||
31 | set by the Department or
required by this Section, the basic | ||||||
32 | program of group health benefits on each
eligible member, | ||||||
33 | except a member, not otherwise
covered by this Act, who has | ||||||
34 | retired as a participating member under Article 2
of the |
| |||||||
| |||||||
1 | Illinois Pension Code but is ineligible for the retirement | ||||||
2 | annuity under
Section 2-119 of the Illinois Pension Code, and | ||||||
3 | part of each eligible member's
and retired member's premiums | ||||||
4 | for health insurance coverage for enrolled
dependents as | ||||||
5 | provided by Section 9. The State shall pay the cost of the | ||||||
6 | basic
program of group health benefits only after benefits are | ||||||
7 | reduced by the amount
of benefits covered by Medicare for all | ||||||
8 | members and dependents
who are eligible for benefits under | ||||||
9 | Social Security or
the Railroad Retirement system or who had | ||||||
10 | sufficient Medicare-covered
government employment, except that | ||||||
11 | such reduction in benefits shall apply only
to those members | ||||||
12 | and dependents who (1) first become eligible
for such Medicare | ||||||
13 | coverage on or after July 1, 1992; or (2) are
Medicare-eligible | ||||||
14 | members or dependents of a local government unit which began
| ||||||
15 | participation in the program on or after July 1, 1992; or (3) | ||||||
16 | remain eligible
for, but no longer receive Medicare coverage | ||||||
17 | which they had been receiving on
or after July 1, 1992. The | ||||||
18 | Department may determine the aggregate level of the
State's | ||||||
19 | contribution on the basis of actual cost of medical services | ||||||
20 | adjusted
for age, sex or geographic or other demographic | ||||||
21 | characteristics which affect
the costs of such programs.
| ||||||
22 | The cost of participation in the basic program of group | ||||||
23 | health benefits
for the dependent or survivor of a living or | ||||||
24 | deceased retired employee who was
formerly employed by the | ||||||
25 | University of Illinois in the Cooperative Extension
Service and | ||||||
26 | would be an annuitant but for the fact that he or she was made
| ||||||
27 | ineligible to participate in the State Universities Retirement | ||||||
28 | System by clause
(4) of subsection (a) of Section 15-107 of the | ||||||
29 | Illinois Pension Code shall not
be greater than the cost of | ||||||
30 | participation that would otherwise apply to that
dependent or | ||||||
31 | survivor if he or she were the dependent or survivor of an
| ||||||
32 | annuitant under the State Universities Retirement System.
| ||||||
33 | (a-1) Beginning January 1, 1998, for each person who | ||||||
34 | becomes a new SERS
annuitant and participates in the basic | ||||||
35 | program of group health benefits, the
State shall contribute | ||||||
36 | toward the cost of the annuitant's
coverage under the basic |
| |||||||
| |||||||
1 | program of group health benefits an amount equal
to 5% of that | ||||||
2 | cost for each full year of creditable service upon which the
| ||||||
3 | annuitant's retirement annuity is based, up to a maximum of | ||||||
4 | 100% for an
annuitant with 20 or more years of creditable | ||||||
5 | service.
The remainder of the cost of a new SERS annuitant's | ||||||
6 | coverage under the basic
program of group health benefits shall | ||||||
7 | be the responsibility of the
annuitant.
| ||||||
8 | (a-2) Beginning January 1, 1998, for each person who | ||||||
9 | becomes a new SERS
survivor and participates in the basic | ||||||
10 | program of group health benefits, the
State shall contribute | ||||||
11 | toward the cost of the survivor's
coverage under the basic | ||||||
12 | program of group health benefits an amount equal
to 5% of that | ||||||
13 | cost for each full year of the deceased employee's or deceased
| ||||||
14 | annuitant's creditable service in the State Employees' | ||||||
15 | Retirement System of
Illinois on the date of death, up to a | ||||||
16 | maximum of 100% for a survivor of an
employee or annuitant with | ||||||
17 | 20 or more years of creditable service. The
remainder of the | ||||||
18 | cost of the new SERS survivor's coverage under the basic
| ||||||
19 | program of group health benefits shall be the responsibility of | ||||||
20 | the survivor.
| ||||||
21 | (a-3) Beginning January 1, 1998, for each person who | ||||||
22 | becomes a new SURS
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 that | ||||||
26 | cost for each full year of creditable service upon which the
| ||||||
27 | annuitant's retirement annuity is based, up to a maximum of | ||||||
28 | 100% for an
annuitant with 20 or more years of creditable | ||||||
29 | service.
The remainder of the cost of a new SURS annuitant's | ||||||
30 | coverage under the basic
program of group health benefits shall | ||||||
31 | be the responsibility of the
annuitant.
| ||||||
32 | (a-4) (Blank).
| ||||||
33 | (a-5) Beginning January 1, 1998, for each person who | ||||||
34 | becomes a new SURS
survivor and participates in the basic | ||||||
35 | program of group health benefits, the
State shall contribute | ||||||
36 | toward the cost of the survivor's coverage under the
basic |
| |||||||
| |||||||
1 | program of group health benefits an amount equal to 5% of that | ||||||
2 | cost for
each full year of the deceased employee's or deceased | ||||||
3 | annuitant's creditable
service in the State Universities | ||||||
4 | Retirement System on the date of death, up to
a maximum of 100% | ||||||
5 | for a survivor of an
employee or annuitant with 20 or more | ||||||
6 | years of creditable service. The
remainder of the cost of the | ||||||
7 | new SURS survivor's coverage under the basic
program of group | ||||||
8 | health benefits shall be the responsibility of the survivor.
| ||||||
9 | (a-6) Beginning July 1, 1998, for each person who becomes a | ||||||
10 | new TRS
State annuitant and participates in the basic program | ||||||
11 | of group health benefits,
the State shall contribute toward the | ||||||
12 | cost of the annuitant's coverage under
the basic program of | ||||||
13 | group health benefits an amount equal to 5% of that cost
for | ||||||
14 | each full year of creditable service
as a teacher as defined in | ||||||
15 | paragraph (2), (3), or (5) of Section 16-106 of the
Illinois | ||||||
16 | Pension Code
upon which the annuitant's retirement annuity is | ||||||
17 | based, up to a maximum of
100%;
except that
the State | ||||||
18 | contribution shall be 12.5% per year (rather than 5%) for each | ||||||
19 | full
year of creditable service as a regional superintendent or | ||||||
20 | assistant regional
superintendent of schools. The
remainder of | ||||||
21 | the cost of a new TRS State annuitant's coverage under the | ||||||
22 | basic
program of group health benefits shall be the | ||||||
23 | responsibility of the
annuitant.
| ||||||
24 | (a-7) Beginning July 1, 1998, for each person who becomes a | ||||||
25 | new TRS
State survivor and participates in the basic program of | ||||||
26 | group health benefits,
the State shall contribute toward the | ||||||
27 | cost of the survivor's coverage under the
basic program of | ||||||
28 | group health benefits an amount equal to 5% of that cost for
| ||||||
29 | each full year of the deceased employee's or deceased | ||||||
30 | annuitant's creditable
service
as a teacher as defined in | ||||||
31 | paragraph (2), (3), or (5) of Section 16-106 of the
Illinois | ||||||
32 | Pension Code
on the date of death, up to a maximum of 100%;
| ||||||
33 | except that the State contribution shall be 12.5% per year | ||||||
34 | (rather than 5%) for
each full year of the deceased employee's | ||||||
35 | or deceased annuitant's creditable
service as a regional | ||||||
36 | superintendent or assistant regional superintendent of
|
| |||||||
| |||||||
1 | schools.
The remainder of
the cost of the new TRS State | ||||||
2 | survivor's coverage under the basic program of
group health | ||||||
3 | benefits shall be the responsibility of the survivor.
| ||||||
4 | (a-8) A new SERS annuitant, new SERS survivor, new SURS
| ||||||
5 | annuitant, new SURS survivor, new TRS State
annuitant, or new | ||||||
6 | TRS State survivor may waive or terminate coverage in
the | ||||||
7 | program of group health benefits. Any such annuitant or | ||||||
8 | survivor
who has waived or terminated coverage may enroll or | ||||||
9 | re-enroll in the
program of group health benefits only during | ||||||
10 | the annual benefit choice period,
as determined by the | ||||||
11 | Director; except that in the event of termination of
coverage | ||||||
12 | due to nonpayment of premiums, the annuitant or survivor
may | ||||||
13 | not re-enroll in the program.
| ||||||
14 | (a-9) No later than May 1 of each calendar year, the | ||||||
15 | Director
of Central Management Services shall certify in | ||||||
16 | writing to the Executive
Secretary of the State Employees' | ||||||
17 | Retirement System of Illinois the amounts
of the Medicare | ||||||
18 | supplement health care premiums and the amounts of the
health | ||||||
19 | care premiums for all other retirees who are not Medicare | ||||||
20 | eligible.
| ||||||
21 | A separate calculation of the premiums based upon the | ||||||
22 | actual cost of each
health care plan shall be so certified.
| ||||||
23 | The Director of Central Management Services shall provide | ||||||
24 | to the
Executive Secretary of the State Employees' Retirement | ||||||
25 | System of
Illinois such information, statistics, and other data | ||||||
26 | as he or she
may require to review the premium amounts | ||||||
27 | certified by the Director
of Central Management Services.
| ||||||
28 | (b) State employees who become eligible for this program on | ||||||
29 | or after January
1, 1980 in positions normally requiring actual | ||||||
30 | performance of duty not less
than 1/2 of a normal work period | ||||||
31 | but not equal to that of a normal work period,
shall be given | ||||||
32 | the option of participating in the available program. If the
| ||||||
33 | employee elects coverage, the State shall contribute on behalf | ||||||
34 | of such employee
to the cost of the employee's benefit and any | ||||||
35 | applicable dependent supplement,
that sum which bears the same | ||||||
36 | percentage as that percentage of time the
employee regularly |
| |||||||
| |||||||
1 | works when compared to normal 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 continue, | ||||||
17 | with
full State contribution, where such person is (1) absent | ||||||
18 | from active
service by reason of disability arising from any | ||||||
19 | cause other than
self-inflicted, (2) on authorized educational | ||||||
20 | leave of absence or
sabbatical leave, or (3) on military leave | ||||||
21 | with pay and benefits.
| ||||||
22 | (e) Where the person is in non-pay status for a period in | ||||||
23 | excess of
30 days or on leave of absence, other than by reason | ||||||
24 | of disability,
educational or sabbatical leave, or military | ||||||
25 | leave with pay and benefits, such
person may continue coverage | ||||||
26 | only by making personal
payment equal to the amount normally | ||||||
27 | contributed by the State on such person's
behalf. Such payments | ||||||
28 | and coverage may be continued: (1) until such time as
the | ||||||
29 | person returns to a status eligible for coverage at State | ||||||
30 | expense, but not
to exceed 24 months, (2) until such person's | ||||||
31 | employment or annuitant status
with the State is terminated, or | ||||||
32 | (3) for a maximum period of 4 years for
members on military | ||||||
33 | leave with pay and benefits and military leave without pay
and | ||||||
34 | benefits (exclusive of any additional service imposed pursuant | ||||||
35 | to law).
| ||||||
36 | (f) The Department shall establish by rule the extent to |
| |||||||
| |||||||
1 | which other
employee benefits will continue for persons in | ||||||
2 | non-pay status or who are
not in active service.
| ||||||
3 | (g) The State shall not pay the cost of the basic | ||||||
4 | non-contributory
group life insurance, program of health | ||||||
5 | benefits and other employee benefits
for members who are | ||||||
6 | survivors as defined by paragraphs (1) and (2) of
subsection | ||||||
7 | (q) of Section 3 of this Act. The costs of benefits for these
| ||||||
8 | survivors shall be paid by the survivors or by the University | ||||||
9 | of Illinois
Cooperative Extension Service, or any combination | ||||||
10 | thereof.
However, the State shall pay the amount of the | ||||||
11 | reduction in the cost of
participation, if any, resulting from | ||||||
12 | the amendment to subsection (a) made
by this amendatory Act of | ||||||
13 | the 91st General Assembly.
| ||||||
14 | (h) Those persons occupying positions with any department | ||||||
15 | as a result
of emergency appointments pursuant to Section 8b.8 | ||||||
16 | of the Personnel Code
who are not considered employees under | ||||||
17 | this Act shall be given the option
of participating in the | ||||||
18 | programs of group life insurance, health benefits and
other | ||||||
19 | employee benefits. Such persons electing coverage may | ||||||
20 | participate only
by making payment equal to the amount normally | ||||||
21 | contributed by the State for
similarly situated employees. Such | ||||||
22 | amounts shall be determined by the
Director. Such payments and | ||||||
23 | coverage may be continued until such time as the
person becomes | ||||||
24 | an employee pursuant to this Act or such person's appointment | ||||||
25 | is
terminated.
| ||||||
26 | (i) Any unit of local government within the State of | ||||||
27 | Illinois
may apply to the Director to have its employees, | ||||||
28 | annuitants, and their
dependents provided group health | ||||||
29 | coverage under this Act on a non-insured
basis. To participate, | ||||||
30 | a unit of local government must agree to enroll
all of its | ||||||
31 | employees, who may select coverage under either the State group
| ||||||
32 | health benefits plan or a health maintenance organization that | ||||||
33 | has
contracted with the State to be available as a health care | ||||||
34 | provider for
employees as defined in this Act. A unit of local | ||||||
35 | government must remit the
entire cost of providing coverage | ||||||
36 | under the State group health benefits plan
or, for coverage |
| |||||||
| |||||||
1 | under a health maintenance organization, an amount determined
| ||||||
2 | by the Director based on an analysis of the sex, age, | ||||||
3 | geographic location, or
other relevant demographic variables | ||||||
4 | for its employees, except that the unit of
local government | ||||||
5 | shall not be required to enroll those of its employees who are
| ||||||
6 | covered spouses or dependents under this plan or another group | ||||||
7 | policy or plan
providing health benefits as long as (1) an | ||||||
8 | appropriate official from the unit
of local government attests | ||||||
9 | that each employee not enrolled is a covered spouse
or | ||||||
10 | dependent under this plan or another group policy or plan, and | ||||||
11 | (2) at least
85% of the employees are enrolled and the unit of | ||||||
12 | local government remits
the entire cost of providing coverage | ||||||
13 | to those employees, except that a
participating school district | ||||||
14 | must have enrolled at least 85% of its full-time
employees who | ||||||
15 | have not waived coverage under the district's group health
plan | ||||||
16 | by participating in a component of the district's cafeteria | ||||||
17 | plan. A
participating school district is not required to enroll | ||||||
18 | a full-time employee
who has waived coverage under the | ||||||
19 | district's health plan, provided that an
appropriate official | ||||||
20 | from the participating school district attests that the
| ||||||
21 | full-time employee has waived coverage by participating in a | ||||||
22 | component of the
district's cafeteria plan. For the purposes of | ||||||
23 | this subsection, "participating
school district" includes a | ||||||
24 | unit of local government whose primary purpose is
education as | ||||||
25 | defined by the Department's rules.
| ||||||
26 | Employees of a participating unit of local government who | ||||||
27 | are not enrolled
due to coverage under another group health | ||||||
28 | policy or plan may enroll in
the event of a qualifying change | ||||||
29 | in status, special enrollment, special
circumstance as defined | ||||||
30 | by the Director, or during the annual Benefit Choice
Period. A | ||||||
31 | participating unit of local government may also elect to cover | ||||||
32 | its
annuitants. Dependent coverage shall be offered on an | ||||||
33 | optional basis, with the
costs paid by the unit of local | ||||||
34 | government, its employees, or some combination
of the two as | ||||||
35 | determined by the unit of local government. The unit of local
| ||||||
36 | government shall be responsible for timely collection and |
| |||||||
| |||||||
1 | transmission of
dependent premiums.
| ||||||
2 | The Director shall annually determine monthly rates of | ||||||
3 | payment, subject
to the following constraints:
| ||||||
4 | (1) In the first year of coverage, the rates shall be | ||||||
5 | equal to the
amount normally charged to State employees for | ||||||
6 | elected optional coverages
or for enrolled dependents | ||||||
7 | coverages or other contributory coverages, or
contributed | ||||||
8 | by the State for basic insurance coverages on behalf of its
| ||||||
9 | employees, adjusted for differences between State | ||||||
10 | employees and employees
of the local government in age, | ||||||
11 | sex, geographic location or other relevant
demographic | ||||||
12 | variables, plus an amount sufficient to pay for the | ||||||
13 | additional
administrative costs of providing coverage to | ||||||
14 | employees of the unit of
local government and their | ||||||
15 | dependents.
| ||||||
16 | (2) In subsequent years, a further adjustment shall be | ||||||
17 | made to reflect
the actual prior years' claims experience | ||||||
18 | of the employees of the unit of
local government.
| ||||||
19 | In the case of coverage of local government employees under | ||||||
20 | a health
maintenance organization, the Director shall annually | ||||||
21 | determine for each
participating unit of local government the | ||||||
22 | maximum monthly amount the unit
may contribute toward that | ||||||
23 | coverage, based on an analysis of (i) the age,
sex, geographic | ||||||
24 | location, and other relevant demographic variables of the
| ||||||
25 | unit's employees and (ii) the cost to cover those employees | ||||||
26 | under the State
group health benefits plan. The Director may | ||||||
27 | similarly determine the
maximum monthly amount each unit of | ||||||
28 | local government may contribute toward
coverage of its | ||||||
29 | employees' dependents under a health maintenance organization.
| ||||||
30 | Monthly payments by the unit of local government or its | ||||||
31 | employees for
group health benefits plan or health maintenance | ||||||
32 | organization coverage shall
be deposited in the Local | ||||||
33 | Government Health Insurance Reserve Fund.
| ||||||
34 | The Local Government Health Insurance Reserve Fund shall be | ||||||
35 | a continuing
fund not subject to fiscal year limitations. All | ||||||
36 | expenditures from this Fund
shall be used for payments for |
| |||||||
| |||||||
1 | health care benefits for local government ,
domestic violence | ||||||
2 | shelter or service, and rehabilitation facility
employees, | ||||||
3 | annuitants, and dependents, and to reimburse the Department or
| ||||||
4 | its administrative service organization for all expenses | ||||||
5 | incurred in the
administration of benefits. No other State | ||||||
6 | funds may be used for these
purposes.
| ||||||
7 | A local government employer's participation or desire to | ||||||
8 | participate
in a program created under this subsection shall | ||||||
9 | not limit that employer's
duty to bargain with the | ||||||
10 | representative of any collective bargaining unit
of its | ||||||
11 | employees.
| ||||||
12 | (j) Any rehabilitation facility within the State of | ||||||
13 | Illinois may apply
to the Director to have its employees, | ||||||
14 | annuitants, and their eligible
dependents provided group | ||||||
15 | health coverage under this Act on a non-insured
basis. To | ||||||
16 | participate, a rehabilitation facility must agree to enroll all
| ||||||
17 | of its employees and remit the entire cost of providing such | ||||||
18 | coverage for
its employees, except that the rehabilitation | ||||||
19 | facility shall not be
required to enroll those of its employees | ||||||
20 | who are covered spouses or
dependents under this plan or | ||||||
21 | another group policy or plan providing health
benefits as long | ||||||
22 | as (1) an appropriate official from the rehabilitation
facility | ||||||
23 | attests that each employee not enrolled is a covered spouse or
| ||||||
24 | dependent under this plan or another group policy or plan, and | ||||||
25 | (2) at least
85% of the employees are enrolled and the | ||||||
26 | rehabilitation facility remits
the entire cost of providing | ||||||
27 | coverage to those employees. Employees of a
participating | ||||||
28 | rehabilitation facility who are not enrolled due to coverage
| ||||||
29 | under another group health policy or plan may enroll
in the | ||||||
30 | event of a qualifying change in status, special enrollment, | ||||||
31 | special
circumstance as defined by the Director, or during the | ||||||
32 | annual Benefit Choice
Period. A participating rehabilitation | ||||||
33 | facility may also elect
to cover its annuitants. Dependent | ||||||
34 | coverage shall be offered on an optional
basis, with the costs | ||||||
35 | paid by the rehabilitation facility, its employees, or
some | ||||||
36 | combination of the 2 as determined by the rehabilitation |
| |||||||
| |||||||
1 | facility. The
rehabilitation facility shall be responsible for | ||||||
2 | timely collection and
transmission of dependent premiums.
| ||||||
3 | The Director shall annually determine quarterly rates of | ||||||
4 | payment, subject
to the following constraints:
| ||||||
5 | (1) In the first year of coverage, the rates shall be | ||||||
6 | equal to the amount
normally charged to State employees for | ||||||
7 | elected optional coverages or for
enrolled dependents | ||||||
8 | coverages or other contributory coverages on behalf of
its | ||||||
9 | employees, adjusted for differences between State | ||||||
10 | employees and
employees of the rehabilitation facility in | ||||||
11 | age, sex, geographic location
or other relevant | ||||||
12 | demographic variables, plus an amount sufficient to pay
for | ||||||
13 | the additional administrative costs of providing coverage | ||||||
14 | to employees
of the rehabilitation facility and their | ||||||
15 | dependents.
| ||||||
16 | (2) In subsequent years, a further adjustment shall be | ||||||
17 | made to reflect
the actual prior years' claims experience | ||||||
18 | of the employees of the
rehabilitation facility.
| ||||||
19 | Monthly payments by the rehabilitation facility or its | ||||||
20 | employees for
group health benefits shall be deposited in the | ||||||
21 | Local Government Health
Insurance Reserve Fund.
| ||||||
22 | (k) Any domestic violence shelter or service within the | ||||||
23 | State of Illinois
may apply to the Director to have its | ||||||
24 | employees, annuitants, and their
dependents provided group | ||||||
25 | health coverage under this Act on a non-insured
basis. To | ||||||
26 | participate, a domestic violence shelter or service must agree | ||||||
27 | to
enroll all of its employees and pay the entire cost of | ||||||
28 | providing such coverage
for its employees. A participating | ||||||
29 | domestic violence shelter may also elect
to cover its | ||||||
30 | annuitants. Dependent coverage shall be offered on an optional
| ||||||
31 | basis, with the costs paid by the domestic violence shelter or | ||||||
32 | service, its
employees, or some combination of the 2 as | ||||||
33 | determined by the domestic violence
shelter or service. The | ||||||
34 | domestic violence shelter or service shall be
responsible for | ||||||
35 | timely collection and transmission of dependent premiums.
| ||||||
36 | The Director shall annually determine rates of payment,
|
| |||||||
| |||||||
1 | subject to the following constraints:
| ||||||
2 | (1) In the first year of coverage, the rates shall be | ||||||
3 | equal to the
amount normally charged to State employees for | ||||||
4 | elected optional coverages
or for enrolled dependents | ||||||
5 | coverages or other contributory coverages on
behalf of its | ||||||
6 | employees, adjusted for differences between State | ||||||
7 | employees and
employees of the domestic violence shelter or | ||||||
8 | service in age, sex, geographic
location or other relevant | ||||||
9 | demographic variables, plus an amount sufficient
to pay for | ||||||
10 | the additional administrative costs of providing coverage | ||||||
11 | to
employees of the domestic violence shelter or service | ||||||
12 | and their dependents.
| ||||||
13 | (2) In subsequent years, a further adjustment shall be | ||||||
14 | made to reflect
the actual prior years' claims experience | ||||||
15 | of the employees of the domestic
violence shelter or | ||||||
16 | service.
| ||||||
17 | Monthly payments by the domestic violence shelter or | ||||||
18 | service or its employees
for group health insurance shall be | ||||||
19 | deposited in the Local Government Health
Insurance Reserve | ||||||
20 | Fund.
| ||||||
21 | (l) A public community college or entity organized pursuant | ||||||
22 | to the
Public Community College Act may apply to the Director | ||||||
23 | initially to have
only annuitants not covered prior to July 1, | ||||||
24 | 1992 by the district's health
plan provided health coverage | ||||||
25 | under this Act on a non-insured basis. The
community college | ||||||
26 | must execute a 2-year contract to participate in the
Local | ||||||
27 | Government Health Plan.
Any annuitant may enroll in the event | ||||||
28 | of a qualifying change in status, special
enrollment, special | ||||||
29 | circumstance as defined by the Director, or during the
annual | ||||||
30 | Benefit Choice Period.
| ||||||
31 | The Director shall annually determine monthly rates of | ||||||
32 | payment subject to
the following constraints: for those | ||||||
33 | community colleges with annuitants
only enrolled, first year | ||||||
34 | rates shall be equal to the average cost to cover
claims for a | ||||||
35 | State member adjusted for demographics, Medicare
| ||||||
36 | participation, and other factors; and in the second year, a |
| |||||||
| |||||||
1 | further adjustment
of rates shall be made to reflect the actual | ||||||
2 | first year's claims experience
of the covered annuitants.
| ||||||
3 | (l-5) The provisions of subsection (l) become inoperative | ||||||
4 | on July 1, 1999.
| ||||||
5 | (m) The Director shall adopt any rules deemed necessary for
| ||||||
6 | implementation of this amendatory Act of 1989 (Public Act | ||||||
7 | 86-978).
| ||||||
8 | (Source: P.A. 91-280, eff. 7-23-99; 91-311; eff. 7-29-99; | ||||||
9 | 91-357, eff.
7-29-99; 91-390, eff. 7-30-99; 91-395, eff. | ||||||
10 | 7-30-99; 91-617, eff. 8-19-99;
92-16, eff. 6-28-01; revised | ||||||
11 | 2-25-02.)
| ||||||
12 | Section 20. The State Officials and Employees Ethics Act is | ||||||
13 | amended by adding Section 99-10 as follows:
| ||||||
14 | (5 ILCS 430/99-10) (was Sec. 995 of PA 93-617)
| ||||||
15 | (This Section was enacted as Section 995 of P.A. 93-617; it | ||||||
16 | is being added to the State Officials and Employees Ethics Act, | ||||||
17 | amended, and renumbered for codification purposes.) | ||||||
18 | Sec. 99-10.
995.
Closed sessions; vote requirement.
Public | ||||||
19 | Act 93-617
This Act authorizes the ethics commissions of the | ||||||
20 | executive branch and legislative
branch
to conduct closed | ||||||
21 | sessions, hearings, and meetings in certain circumstances. In
| ||||||
22 | order to meet the requirements of subsection (c) of Section 5 | ||||||
23 | of Article IV of
the Illinois Constitution, the General | ||||||
24 | Assembly determines that closed
sessions,
hearings, and | ||||||
25 | meetings of the ethics commissions, including the ethics
| ||||||
26 | commission for the legislative branch, are required by the | ||||||
27 | public interest.
Thus, Public Act 93-617 was
this Act is
| ||||||
28 | enacted by the affirmative vote of two-thirds of the members
| ||||||
29 | elected to each house of the General Assembly.
| ||||||
30 | (P.A. 93-617, eff. 12-9-03; revised 1-10-04.)
| ||||||
31 | Section 25. The Deposit of State Moneys Act is amended by | ||||||
32 | changing Section 11 as follows:
|
| |||||||
| |||||||
1 | (15 ILCS 520/11) (from Ch. 130, par. 30)
| ||||||
2 | Sec. 11. Protection of public deposits; eligible | ||||||
3 | collateral.
| ||||||
4 | (a) For deposits not insured by an agency of the federal | ||||||
5 | government,
the State Treasurer, in his or her discretion, may | ||||||
6 | accept as collateral any
of the
following classes of | ||||||
7 | securities, provided there has been no default in the
payment | ||||||
8 | of principal or interest thereon:
| ||||||
9 | (1) Bonds, notes, or other securities constituting | ||||||
10 | direct and general
obligations of the United States, the | ||||||
11 | bonds, notes, or other securities
constituting the direct | ||||||
12 | and general obligation of any agency or
instrumentality of | ||||||
13 | the United States, the interest and principal of which
is | ||||||
14 | unconditionally guaranteed by the United States, and | ||||||
15 | bonds, notes, or
other securities or evidence of | ||||||
16 | indebtedness constituting the obligation of
a U.S. agency | ||||||
17 | or instrumentality.
| ||||||
18 | (2) Direct and general obligation bonds of the State of | ||||||
19 | Illinois or of
any other state of the United States.
| ||||||
20 | (3) Revenue bonds of this State or any authority, | ||||||
21 | board, commission,
or similar agency thereof.
| ||||||
22 | (4) Direct and general obligation bonds of any city, | ||||||
23 | town, county,
school district, or other taxing body of any | ||||||
24 | state, the debt service of
which is payable from general ad | ||||||
25 | valorem taxes.
| ||||||
26 | (5) Revenue bonds of any city, town, county, or school | ||||||
27 | district of the
State of Illinois.
| ||||||
28 | (6) Obligations issued, assumed, or guaranteed by the | ||||||
29 | International
Finance Corporation, the principal of which | ||||||
30 | is not amortized during the
life of the obligation, but no | ||||||
31 | such obligation shall be accepted at more
than 90% of its | ||||||
32 | market value.
| ||||||
33 | (7) Illinois Affordable Housing Program Trust Fund | ||||||
34 | Bonds or Notes as
defined in and issued pursuant to the | ||||||
35 | Illinois Housing Development Act.
| ||||||
36 | (8) In an amount equal to at least market value of that |
| |||||||
| |||||||
1 | amount of funds
deposited exceeding the insurance | ||||||
2 | limitation provided by the Federal Deposit
Insurance | ||||||
3 | Corporation or the National Credit Union Administration or | ||||||
4 | other
approved share insurer: (i) securities, (ii) | ||||||
5 | mortgages, (iii) letters of
credit issued by a Federal Home | ||||||
6 | Loan Bank, or (iv) loans covered by a State
Guarantee
| ||||||
7 | Guaranty under the Illinois Farm Development Act , if that
| ||||||
8 | guarantee has been assumed by the Illinois Finance | ||||||
9 | Authority under Section
845-75 of the Illinois Finance | ||||||
10 | Authority Act, and loans covered by a State
Guarantee under | ||||||
11 | Article 830 of the Illinois Finance Authority Act .
| ||||||
12 | (b) The State Treasurer may establish a system to aggregate | ||||||
13 | permissible
securities received as collateral from financial | ||||||
14 | institutions in a
collateral pool to secure State deposits of | ||||||
15 | the institutions that have
pledged securities to the pool.
| ||||||
16 | (c) The Treasurer may at any time declare any particular | ||||||
17 | security
ineligible to qualify as collateral when, in the | ||||||
18 | Treasurer's judgment, it
is deemed desirable to do so.
| ||||||
19 | (d) Notwithstanding any other provision of this Section, as | ||||||
20 | security the
State Treasurer may, in his discretion, accept a | ||||||
21 | bond, executed by a company
authorized to transact the kinds of | ||||||
22 | business described in clause (g) of
Section 4 of the Illinois | ||||||
23 | Insurance Code, in an amount not less than the
amount of the | ||||||
24 | deposits required by this Section to be secured, payable to the
| ||||||
25 | State Treasurer for the benefit of the People of the State of | ||||||
26 | Illinois, in
a form that is acceptable to the State Treasurer.
| ||||||
27 | (Source: P.A. 93-561, eff. 1-1-04; revised 10-17-03.)
| ||||||
28 | (30 ILCS 105/5.05 rep.)
| ||||||
29 | (30 ILCS 105/5.06 rep.)
| ||||||
30 | (30 ILCS 105/5.35 rep.)
| ||||||
31 | (30 ILCS 105/5.37 rep.)
| ||||||
32 | (30 ILCS 105/5.47 rep.)
| ||||||
33 | (30 ILCS 105/5.51 rep.)
| ||||||
34 | (30 ILCS 105/5.59 rep.)
| ||||||
35 | (30 ILCS 105/5.60 rep.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.69 rep.)
| ||||||
2 | (30 ILCS 105/5.75 rep.)
| ||||||
3 | (30 ILCS 105/5.76 rep.)
| ||||||
4 | (30 ILCS 105/5.90 rep.)
| ||||||
5 | (30 ILCS 105/5.113 rep.)
| ||||||
6 | (30 ILCS 105/5.178 rep.)
| ||||||
7 | (30 ILCS 105/5.190 rep.)
| ||||||
8 | (30 ILCS 105/5.191 rep.)
| ||||||
9 | (30 ILCS 105/5.193 rep.)
| ||||||
10 | (30 ILCS 105/5.197 rep.)
| ||||||
11 | (30 ILCS 105/5.205 rep.)
| ||||||
12 | (30 ILCS 105/5.210 rep.)
| ||||||
13 | (30 ILCS 105/5.218 rep.)
| ||||||
14 | (30 ILCS 105/5.220 rep.)
| ||||||
15 | (30 ILCS 105/5.228 rep.)
| ||||||
16 | (30 ILCS 105/5.245 rep.)
| ||||||
17 | (30 ILCS 105/5.246 rep.)
| ||||||
18 | (30 ILCS 105/5.264 rep.)
| ||||||
19 | (30 ILCS 105/5.271 rep.)
| ||||||
20 | (30 ILCS 105/5.283 rep.)
| ||||||
21 | (30 ILCS 105/5.285 rep.)
| ||||||
22 | (30 ILCS 105/5.294 rep.)
| ||||||
23 | (30 ILCS 105/5.299 rep.)
| ||||||
24 | (30 ILCS 105/5.300 rep.)
| ||||||
25 | (30 ILCS 105/5.301 rep.)
| ||||||
26 | (30 ILCS 105/5.304 rep.)
| ||||||
27 | (30 ILCS 105/5.308 rep.)
| ||||||
28 | (30 ILCS 105/5.309 rep.)
| ||||||
29 | (30 ILCS 105/5.311 rep.)
| ||||||
30 | (30 ILCS 105/5.314 rep.)
| ||||||
31 | (30 ILCS 105/5.327 rep.)
| ||||||
32 | (30 ILCS 105/5.330 rep.)
| ||||||
33 | (30 ILCS 105/5.335 rep.)
| ||||||
34 | (30 ILCS 105/5.336 rep.)
| ||||||
35 | (30 ILCS 105/5.360 rep.)
from P.A. 87-1249
| ||||||
36 | (30 ILCS 105/5.361 rep.)
|
| |||||||
| |||||||
1 | (30 ILCS 105/5.363 rep.)
| ||||||
2 | (30 ILCS 105/5.388 rep.)
| ||||||
3 | (30 ILCS 105/5.389 rep.)
| ||||||
4 | (30 ILCS 105/5.390 rep.)
| ||||||
5 | (30 ILCS 105/5.393 rep.)
| ||||||
6 | (30 ILCS 105/5.396 rep.)
| ||||||
7 | (30 ILCS 105/5.398 rep.)
| ||||||
8 | (30 ILCS 105/5.399 rep.)
| ||||||
9 | (30 ILCS 105/5.400 rep.)
| ||||||
10 | (30 ILCS 105/5.401 rep.)
| ||||||
11 | (30 ILCS 105/5.402 rep.)
| ||||||
12 | (30 ILCS 105/5.403 rep.)
| ||||||
13 | (30 ILCS 105/5.404 rep.)
| ||||||
14 | (30 ILCS 105/5.405 rep.)
| ||||||
15 | (30 ILCS 105/5.406 rep.)
| ||||||
16 | (30 ILCS 105/5.407 rep.)
| ||||||
17 | (30 ILCS 105/5.417 rep.)
| ||||||
18 | (30 ILCS 105/5.432 rep.)
| ||||||
19 | (30 ILCS 105/5.433 rep.)
| ||||||
20 | (30 ILCS 105/5.434 rep.)
| ||||||
21 | (30 ILCS 105/5.439 rep.)
| ||||||
22 | (30 ILCS 105/5.447 rep.)
| ||||||
23 | (30 ILCS 105/5.467 rep.)
| ||||||
24 | (30 ILCS 105/5.483 rep.)
| ||||||
25 | (30 ILCS 105/5.486 rep.)
| ||||||
26 | (30 ILCS 105/5.488 rep.)
| ||||||
27 | (30 ILCS 105/5.507 rep.)
| ||||||
28 | (30 ILCS 105/5.519 rep.)
| ||||||
29 | (30 ILCS 105/5.522 rep.)
| ||||||
30 | Section 30. The State Finance Act is amended by repealing | ||||||
31 | Sections 5.05, 5.06, 5.35, 5.37, 5.47, 5.51, 5.59, 5.60, 5.69, | ||||||
32 | 5.75, 5.76, 5.90, 5.113, 5.178, 5.190, 5.191, 5.193, 5.197, | ||||||
33 | 5.205, 5.210, 5.218, 5.220, 5.228, 5.245, 5.246, 5.264, 5.271, | ||||||
34 | 5.283, 5.285, 5.294, 5.299, 5.300, 5.301, 5.304, 5.308, 5.309, | ||||||
35 | 5.311, 5.314, 5.327, 5.330, 5.335, 5.336, 5.360 (as added by | ||||||
36 | P.A. 87-1249), 5.361, 5.363, 5.388, 5.389, 5.390, 5.393, 5.396, |
| |||||||
| |||||||
1 | 5.398, 5.399, 5.400, 5.401, 5.402, 5.403, 5.404, 5.405, 5.406, | ||||||
2 | 5.407, 5.417, 5.432, 5.433, 5.434, 5.439, 5.447, 5.467, 5.483, | ||||||
3 | 5.486, 5.488, 5.507, 5.519, and 5.522.
| ||||||
4 | (30 ILCS 105/5.230 rep.)
| ||||||
5 | Section 31. The State Finance Act is amended by repealing | ||||||
6 | Section 5.230. | ||||||
7 | Section 35. The Public Funds Investment Act is amended by | ||||||
8 | changing Section 6 as follows:
| ||||||
9 | (30 ILCS 235/6) (from Ch. 85, par. 906)
| ||||||
10 | Sec. 6. Report of financial institutions.
| ||||||
11 | (a) No bank shall receive any public funds unless it has | ||||||
12 | furnished
the corporate authorities of a public agency | ||||||
13 | submitting a deposit with copies
of the last two sworn | ||||||
14 | statements of resources and liabilities which the
bank is | ||||||
15 | required to furnish to the Commissioner of Banks and Real | ||||||
16 | Estate or to
the Comptroller of the Currency. Each bank
| ||||||
17 | designated as a depository for public funds shall, while acting | ||||||
18 | as such
depository, furnish the corporate authorities of a | ||||||
19 | public agency with a copy of
all statements of resources and | ||||||
20 | liabilities which it is required to furnish to
the Commissioner | ||||||
21 | of Banks and Real Estate or to the
Comptroller of the Currency; | ||||||
22 | provided, that if such funds or moneys are
deposited in a bank, | ||||||
23 | the amount of all such deposits not collateralized or
insured | ||||||
24 | by an agency of the federal government shall not exceed 75% of | ||||||
25 | the
capital stock and surplus of such bank, and the corporate | ||||||
26 | authorities of a
public agency submitting a deposit shall not | ||||||
27 | be discharged from responsibility
for any funds or moneys | ||||||
28 | deposited in any bank in excess of such limitation.
| ||||||
29 | (b) No savings bank or savings and loan association shall | ||||||
30 | receive
public funds unless it has furnished the corporate | ||||||
31 | authorities of a public
agency submitting a deposit with copies | ||||||
32 | of the last 2 sworn statements of
resources and liabilities | ||||||
33 | which the savings bank or savings and loan
association is |
| |||||||
| |||||||
1 | required to furnish to the Commissioner of Banks and Real
| ||||||
2 | Estate or the Federal Deposit Insurance
Corporation. Each | ||||||
3 | savings bank or savings and loan association designated as a
| ||||||
4 | depository for public funds shall, while acting as such | ||||||
5 | depository, furnish the
corporate authorities of a public | ||||||
6 | agency with a copy of all statements of
resources and | ||||||
7 | liabilities which it is required to furnish to the Commissioner
| ||||||
8 | of Banks and Real Estate or the Federal
Deposit Insurance | ||||||
9 | Corporation; provided, that if such
funds or moneys are | ||||||
10 | deposited in a savings bank or savings and loan
association, | ||||||
11 | the amount of all such deposits not collateralized or insured
| ||||||
12 | by an agency of the federal government shall not exceed 75% of | ||||||
13 | the net
worth of such savings bank or savings and loan | ||||||
14 | association as defined by the
Federal Deposit Insurance | ||||||
15 | Corporation, and the corporate authorities of a
public agency | ||||||
16 | submitting a deposit shall not be discharged from | ||||||
17 | responsibility
for any funds or moneys deposited in any savings | ||||||
18 | bank or savings and loan
association in excess of such | ||||||
19 | limitation.
| ||||||
20 | (c) No credit union shall receive public funds unless it | ||||||
21 | has furnished
the corporate authorities of a public agency | ||||||
22 | submitting a share deposit
with copies of the last two reports | ||||||
23 | of examination prepared by or submitted
to the Illinois | ||||||
24 | Department of Financial Institutions or the National Credit
| ||||||
25 | Union Administration. Each credit union designated as a | ||||||
26 | depository for
public funds shall, while acting as such | ||||||
27 | depository, furnish the corporate
authorities of a public | ||||||
28 | agency with a copy of all reports of examination
prepared by or | ||||||
29 | furnished to the Illinois Department of Financial Institutions
| ||||||
30 | or the National Credit Union Administration; provided that if | ||||||
31 | such funds
or moneys are invested in a credit union account, | ||||||
32 | the amount of all such
investments not collateralized or | ||||||
33 | insured by an agency of the federal
government or other | ||||||
34 | approved share insurer shall not exceed 50% of the
unimpaired | ||||||
35 | capital and surplus of such credit union, which shall include
| ||||||
36 | shares, reserves and undivided earnings and the corporate |
| |||||||
| |||||||
1 | authorities of a
public agency making an investment shall not | ||||||
2 | be discharged from
responsibility for any funds or moneys | ||||||
3 | invested in a credit union in excess of
such limitation.
| ||||||
4 | (d) Whenever a public agency deposits any public funds in a | ||||||
5 | financial
institution, the public agency may enter into an | ||||||
6 | agreement with the financial
institution requiring any funds | ||||||
7 | not insured by the Federal Deposit Insurance
Corporation or the | ||||||
8 | National Credit Union Administration or other approved share
| ||||||
9 | insurer to be collateralized by
any of the following classes of | ||||||
10 | securities, provided there
has been no default in the payment | ||||||
11 | of principal or interest
thereon:
| ||||||
12 | (1) Bonds, notes, or other securities constituting | ||||||
13 | direct
and general obligations of the United States, the | ||||||
14 | bonds, notes,
or other securities constituting the direct | ||||||
15 | and general
obligation of any agency or instrumentality of | ||||||
16 | the United States,
the interest and principal of which is | ||||||
17 | unconditionally guaranteed
by the United States, and | ||||||
18 | bonds, notes, or other securities or
evidence of | ||||||
19 | indebtedness constituting the obligation of a U.S.
agency | ||||||
20 | or instrumentality.
| ||||||
21 | (2) Direct and general obligation bonds of the State of
| ||||||
22 | Illinois or of any other state of the United States.
| ||||||
23 | (3) Revenue bonds of this State or any authority, | ||||||
24 | board,
commission, or similar agency thereof.
| ||||||
25 | (4) Direct and general obligation bonds of any city, | ||||||
26 | town,
county, school district, or other taxing body of any | ||||||
27 | state, the
debt service of which is payable from general ad | ||||||
28 | valorem taxes.
| ||||||
29 | (5) Revenue bonds of any city, town, county, or school
| ||||||
30 | district of the State of Illinois.
| ||||||
31 | (6) Obligations issued, assumed, or guaranteed by the
| ||||||
32 | International Finance Corporation, the principal of which | ||||||
33 | is not
amortized during the life of the obligation, but no | ||||||
34 | such
obligation shall be accepted at more than 90% of its | ||||||
35 | market
value.
| ||||||
36 | (7) Illinois Affordable Housing Program Trust Fund |
| |||||||
| |||||||
1 | Bonds or
Notes as defined in and issued pursuant to the | ||||||
2 | Illinois Housing
Development Act.
| ||||||
3 | (8) In an amount equal to at least market value of that
| ||||||
4 | amount of funds deposited exceeding the insurance | ||||||
5 | limitation
provided by the Federal Deposit Insurance | ||||||
6 | Corporation or the
National Credit Union Administration or | ||||||
7 | other approved share
insurer: (i) securities, (ii) | ||||||
8 | mortgages, (iii) letters of credit
issued by a Federal Home | ||||||
9 | Loan Bank, or (iv) loans covered by a
State Guarantee
| ||||||
10 | Guaranty under the Illinois
Farm Development
Act , if that
| ||||||
11 | guarantee has been assumed by the Illinois Finance | ||||||
12 | Authority under Section
845-75 of the Illinois Finance | ||||||
13 | Authority Act, and loans covered by a State
Guarantee under | ||||||
14 | Article 830 of the Illinois Finance Authority Act .
| ||||||
15 | (9) Certificates of deposit or share certificates | ||||||
16 | issued to
the depository institution pledging them as | ||||||
17 | security. The public
agency may require security in the | ||||||
18 | amount of 125% of the value of
the public agency deposit. | ||||||
19 | Such certificate of deposit or share
certificate shall:
| ||||||
20 | (i) be fully insured by the Federal Deposit | ||||||
21 | Insurance
Corporation, the Federal Savings and Loan | ||||||
22 | Insurance
Corporation, or the National Credit Union | ||||||
23 | Share Insurance
Fund or issued by a depository | ||||||
24 | institution which is rated
within the 3 highest | ||||||
25 | classifications established by at
least one of the 2 | ||||||
26 | standard rating services;
| ||||||
27 | (ii) be issued by a financial institution having
| ||||||
28 | assets of $15,000,000 or more; and
| ||||||
29 | (iii) be issued by either a savings and loan
| ||||||
30 | association having a capital to asset ratio of at least | ||||||
31 | 2%,
by a bank having a capital to asset ratio of at | ||||||
32 | least 6% or
by a credit union having a capital to asset | ||||||
33 | ratio of at
least 4%.
| ||||||
34 | The depository institution shall effect the assignment of | ||||||
35 | the
certificate of deposit or share certificate to the public | ||||||
36 | agency
and shall agree that, in the event the issuer of the |
| |||||||
| |||||||
1 | certificate
fails to maintain the capital to asset ratio | ||||||
2 | required by this
Section, such certificate of deposit or share | ||||||
3 | certificate shall
be replaced by additional suitable security.
| ||||||
4 | (e) The public agency may accept a system established by | ||||||
5 | the State
Treasurer to aggregate permissible securities | ||||||
6 | received as collateral
from financial institutions in a | ||||||
7 | collateral pool to secure public
deposits of the institutions | ||||||
8 | that have pledged securities to the pool.
| ||||||
9 | (f) The public agency may at any time declare any | ||||||
10 | particular
security ineligible to qualify as collateral when, | ||||||
11 | in the public
agency's judgment, it is deemed desirable to do | ||||||
12 | so.
| ||||||
13 | (g) Notwithstanding any other provision of this Section, as
| ||||||
14 | security a public agency may, at its discretion, accept a bond,
| ||||||
15 | executed by a company authorized to transact the kinds of | ||||||
16 | business
described in clause (g) of Section 4 of the Illinois | ||||||
17 | Insurance Code, in
an amount not less than the amount of the | ||||||
18 | deposits required by
this Section to be secured, payable to the | ||||||
19 | public agency for the
benefit of the People of the unit of | ||||||
20 | government, in a form that is
acceptable to the public agency | ||||||
21 | Finance Authority .
| ||||||
22 | (h) Paragraphs (a), (b), (c), (d), (e), (f), and
(g) of | ||||||
23 | this Section
do not apply to the University of Illinois, | ||||||
24 | Southern Illinois University,
Chicago State University, | ||||||
25 | Eastern Illinois University, Governors State
University, | ||||||
26 | Illinois State University, Northeastern Illinois University,
| ||||||
27 | Northern Illinois University, Western Illinois University, the | ||||||
28 | Cooperative
Computer Center
and public community colleges.
| ||||||
29 | (Source: P.A. 93-205, eff. 1-1-04; 93-561, eff. 1-1-04; revised | ||||||
30 | 1-14-04 .)
| ||||||
31 | Section 40. The State Mandates Act is amended by setting
| ||||||
32 | forth, renumbering, and changing multiple versions of
Sections | ||||||
33 | 8.25, 8.26, and 8.27 as follows:
| ||||||
34 | (30 ILCS 805/8.25)
|
| |||||||
| |||||||
1 | Sec. 8.25. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
2 | of this
Act, no reimbursement by the State is required for the | ||||||
3 | implementation of
any mandate created by Public Act 92-36, | ||||||
4 | 92-50, 92-52, 92-53, 92-166,
92-281, 92-382, 92-388, 92-416, | ||||||
5 | 92-424, or 92-465.
| ||||||
6 | (Source: P.A. 92-36, eff. 6-28-01; 92-50, eff. 7-12-01; 92-52, | ||||||
7 | eff. 7-12-01;
92-53, eff. 7-12-01; 92-166, eff. 1-1-02; 92-281, | ||||||
8 | eff. 8-7-01; 92-382, eff.
8-16-01; 92-388, eff. 1-1-02; 92-416, | ||||||
9 | eff. 8-17-01; 92-424, eff. 8-17-01;
92-465, eff. 1-1-02; | ||||||
10 | 92-651, eff. 7-11-02.)
| ||||||
11 | (30 ILCS 805/8.26)
| ||||||
12 | Sec. 8.26 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 | 92-505, 92-533, 92-599, 92-602, 92-609,
92-616, 92-631, | ||||||
16 | 92-705, 92-733, 92-767, 92-779, 92-844, or 92-846.
this | ||||||
17 | amendatory Act of the 92nd General Assembly.
| ||||||
18 | (Source: P.A. 92-505, eff. 12-20-01; 92-533, eff. 3-14-02; | ||||||
19 | 92-599, eff.
6-28-02; 92-602, eff. 7-1-02; 92-609, eff. 7-1-02; | ||||||
20 | 92-616, eff. 7-8-02; 92-631,
eff. 7-11-02; 92-705, eff. | ||||||
21 | 7-19-02; 92-733, eff. 7-25-02; 92-767, eff. 8-6-02;
92-779, | ||||||
22 | eff. 8-6-02; 92-844, eff. 8-23-02; 92-846, eff. 8-23-02; | ||||||
23 | revised
10-25-02.)
| ||||||
24 | (30 ILCS 805/8.27)
| ||||||
25 | Sec. 8.27. Exempt mandate.
| ||||||
26 | (a) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
27 | reimbursement by
the State is required for the implementation | ||||||
28 | of any mandate created by Public
Act 93-3, 93-19, 93-42, | ||||||
29 | 93-119, 93-123, 93-146, 93-206, 93-209, 93-226, 93-282,
| ||||||
30 | 93-314, 93-334, 93-377, 93-378, 93-409, 93-411, 93-517, | ||||||
31 | 93-538, 93-574, or 93-633.
this amendatory Act of the 93rd | ||||||
32 | General Assembly.
| ||||||
33 | (b) Notwithstanding Sections 6 and 8 of this Act, no | ||||||
34 | reimbursement by
the State is required for the implementation |
| |||||||
| |||||||
1 | of any mandate created by Section
25.5 of the River Conservancy | ||||||
2 | Districts Act.
| ||||||
3 | (c) Notwithstanding Sections 6 and 8 of this
Act, no | ||||||
4 | reimbursement by the State is required for the implementation | ||||||
5 | of
any mandate created by the Public Works Contract Change | ||||||
6 | Order Act.
| ||||||
7 | (Source: P.A. 93-3, eff. 4-16-03; 93-19, eff. 6-20-03; 93-42, | ||||||
8 | eff. 7-1-03;
93-119, eff. 7-10-03; 93-123, eff. 7-10-03; | ||||||
9 | 93-146, eff. 7-10-03; 93-206, eff.
7-18-03; 93-209, eff. | ||||||
10 | 7-18-03; 93-226, eff. 7-22-03; 93-275, eff. 7-22-03;
93-282, | ||||||
11 | eff. 7-22-03; 93-314, eff. 1-1-04; 93-334, eff. 7-24-03; | ||||||
12 | 93-377, eff.
1-1-04; 93-378, eff. 7-24-03; 93-409, eff. 8-4-03; | ||||||
13 | 93-411, eff. 8-4-03; 93-517,
eff. 8-6-03; 93-538, eff. 1-1-04; | ||||||
14 | 93-574, eff. 8-21-03; 93-633; eff. 12-23-03; 93-656, eff. | ||||||
15 | 6-1-04; revised 1-22-04.)
| ||||||
16 | Section 45. The Illinois Income Tax Act is amended by | ||||||
17 | changing Section 203 as follows:
| ||||||
18 | (35 ILCS 5/203) (from Ch. 120, par. 2-203)
| ||||||
19 | Sec. 203. Base income defined.
| ||||||
20 | (a) Individuals.
| ||||||
21 | (1) In general. In the case of an individual, base | ||||||
22 | income means an
amount equal to the taxpayer's adjusted | ||||||
23 | gross income for the taxable
year as modified by paragraph | ||||||
24 | (2).
| ||||||
25 | (2) Modifications. The adjusted gross income referred | ||||||
26 | to in
paragraph (1) shall be modified by adding thereto the | ||||||
27 | sum of the
following amounts:
| ||||||
28 | (A) An amount equal to all amounts paid or accrued | ||||||
29 | to the taxpayer
as interest or dividends during the | ||||||
30 | taxable year to the extent excluded
from gross income | ||||||
31 | in the computation of adjusted gross income, except | ||||||
32 | stock
dividends of qualified public utilities | ||||||
33 | described in Section 305(e) of the
Internal Revenue | ||||||
34 | Code;
|
| |||||||
| |||||||
1 | (B) An amount equal to the amount of tax imposed by | ||||||
2 | this Act to the
extent deducted from gross income in | ||||||
3 | the computation of adjusted gross
income for the | ||||||
4 | taxable year;
| ||||||
5 | (C) An amount equal to the amount received during | ||||||
6 | the taxable year
as a recovery or refund of real | ||||||
7 | property taxes paid with respect to the
taxpayer's | ||||||
8 | principal residence under the Revenue Act of
1939 and | ||||||
9 | for which a deduction was previously taken under | ||||||
10 | subparagraph (L) of
this paragraph (2) prior to July 1, | ||||||
11 | 1991, the retrospective application date of
Article 4 | ||||||
12 | of Public Act 87-17. In the case of multi-unit or | ||||||
13 | multi-use
structures and farm dwellings, the taxes on | ||||||
14 | the taxpayer's principal residence
shall be that | ||||||
15 | portion of the total taxes for the entire property | ||||||
16 | which is
attributable to such principal residence;
| ||||||
17 | (D) An amount equal to the amount of the capital | ||||||
18 | gain deduction
allowable under the Internal Revenue | ||||||
19 | Code, to the extent deducted from gross
income in the | ||||||
20 | computation of adjusted gross income;
| ||||||
21 | (D-5) An amount, to the extent not included in | ||||||
22 | adjusted gross income,
equal to the amount of money | ||||||
23 | withdrawn by the taxpayer in the taxable year from
a | ||||||
24 | medical care savings account and the interest earned on | ||||||
25 | the account in the
taxable year of a withdrawal | ||||||
26 | pursuant to subsection (b) of Section 20 of the
Medical | ||||||
27 | Care Savings Account Act or subsection (b) of Section | ||||||
28 | 20 of the
Medical Care Savings Account Act of 2000;
| ||||||
29 | (D-10) For taxable years ending after December 31, | ||||||
30 | 1997, an
amount equal to any eligible remediation costs | ||||||
31 | that the individual
deducted in computing adjusted | ||||||
32 | gross income and for which the
individual claims a | ||||||
33 | credit under subsection (l) of Section 201;
| ||||||
34 | (D-15) For taxable years 2001 and thereafter, an | ||||||
35 | amount equal to the
bonus depreciation deduction (30% | ||||||
36 | of the adjusted basis of the qualified
property) taken |
| |||||||
| |||||||
1 | on the taxpayer's federal income tax return for the | ||||||
2 | taxable
year under subsection (k) of Section 168 of the | ||||||
3 | Internal Revenue Code; and
| ||||||
4 | (D-16) If the taxpayer reports a capital gain or | ||||||
5 | loss on the
taxpayer's federal income tax return for | ||||||
6 | 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-15), then an amount equal
to the | ||||||
10 | aggregate amount of the deductions taken in all taxable
| ||||||
11 | years under subparagraph (Z) with respect to that | ||||||
12 | 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 ; . and
| ||||||
16 | (D-20)
(D-15) For taxable years beginning on or | ||||||
17 | after January 1,
2002, in
the
case of a distribution | ||||||
18 | from a qualified tuition program under Section 529 of
| ||||||
19 | the Internal Revenue Code, other than (i) a | ||||||
20 | distribution from a College Savings
Pool created under | ||||||
21 | Section 16.5 of the State Treasurer Act or (ii) a
| ||||||
22 | distribution from the Illinois Prepaid Tuition Trust | ||||||
23 | Fund, an amount equal to
the amount excluded from gross | ||||||
24 | income under Section 529(c)(3)(B);
| ||||||
25 | and by deducting from the total so obtained the
sum of the | ||||||
26 | following amounts:
| ||||||
27 | (E) For taxable years ending before December 31, | ||||||
28 | 2001,
any amount included in such total in respect of | ||||||
29 | any compensation
(including but not limited to any | ||||||
30 | compensation paid or accrued to a
serviceman while a | ||||||
31 | prisoner of war or missing in action) paid to a | ||||||
32 | resident
by reason of being on active duty in the Armed | ||||||
33 | Forces of the United States
and in respect of any | ||||||
34 | compensation paid or accrued to a resident who as a
| ||||||
35 | governmental employee was a prisoner of war or missing | ||||||
36 | in action, and in
respect of any compensation paid to a |
| |||||||
| |||||||
1 | resident in 1971 or thereafter for
annual training | ||||||
2 | performed pursuant to Sections 502 and 503, Title 32,
| ||||||
3 | United States Code as a member of the Illinois National | ||||||
4 | Guard.
For taxable years ending on or after December | ||||||
5 | 31, 2001, any amount included in
such total in respect | ||||||
6 | of any compensation (including but not limited to any
| ||||||
7 | compensation paid or accrued to a serviceman while a | ||||||
8 | prisoner of war or missing
in action) paid to a | ||||||
9 | resident by reason of being a member of any component | ||||||
10 | of
the Armed Forces of the United States and in respect | ||||||
11 | of any compensation paid
or accrued to a resident who | ||||||
12 | as a governmental employee was a prisoner of war
or | ||||||
13 | missing in action, and in respect of any compensation | ||||||
14 | paid to a resident in
2001 or thereafter by reason of | ||||||
15 | being a member of the Illinois National Guard.
The | ||||||
16 | provisions of this amendatory Act of the 92nd General | ||||||
17 | Assembly are exempt
from the provisions of Section 250;
| ||||||
18 | (F) An amount equal to all amounts included in such | ||||||
19 | total pursuant
to the provisions of Sections 402(a), | ||||||
20 | 402(c), 403(a), 403(b), 406(a), 407(a),
and 408 of the | ||||||
21 | Internal Revenue Code, or included in such total as
| ||||||
22 | distributions under the provisions of any retirement | ||||||
23 | or disability plan for
employees of any governmental | ||||||
24 | agency or unit, or retirement payments to
retired | ||||||
25 | partners, which payments are excluded in computing net | ||||||
26 | earnings
from self employment by Section 1402 of the | ||||||
27 | Internal Revenue Code and
regulations adopted pursuant | ||||||
28 | 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 taxpayer | ||||||
32 | and included in such total for the
taxable year;
| ||||||
33 | (I) An amount equal to all amounts included in such | ||||||
34 | total pursuant
to the provisions of Section 111 of the | ||||||
35 | Internal Revenue Code as a
recovery of items previously | ||||||
36 | deducted from adjusted gross income in the
computation |
| |||||||
| |||||||
1 | of taxable income;
| ||||||
2 | (J) An amount equal to those dividends included in | ||||||
3 | such total which were
paid by a corporation which | ||||||
4 | conducts business operations in an Enterprise
Zone or | ||||||
5 | zones created under the Illinois Enterprise Zone Act, | ||||||
6 | and conducts
substantially all of its operations in an | ||||||
7 | Enterprise Zone or zones;
| ||||||
8 | (K) An amount equal to those dividends included in | ||||||
9 | such total that
were paid by a corporation that | ||||||
10 | conducts business operations in a federally
designated | ||||||
11 | Foreign Trade Zone or Sub-Zone and that is designated a | ||||||
12 | High Impact
Business located in Illinois; provided | ||||||
13 | that dividends eligible for the
deduction provided in | ||||||
14 | subparagraph (J) of paragraph (2) of this subsection
| ||||||
15 | shall not be eligible for the deduction provided under | ||||||
16 | this subparagraph
(K);
| ||||||
17 | (L) For taxable years ending after December 31, | ||||||
18 | 1983, an amount equal to
all social security benefits | ||||||
19 | and railroad retirement benefits included in
such | ||||||
20 | total pursuant to Sections 72(r) and 86 of the Internal | ||||||
21 | Revenue Code;
| ||||||
22 | (M) With the exception of any amounts subtracted | ||||||
23 | under subparagraph
(N), an amount equal to the sum of | ||||||
24 | all amounts disallowed as
deductions by (i) Sections | ||||||
25 | 171(a) (2), and 265(2) of the Internal Revenue Code
of | ||||||
26 | 1954, as now or hereafter amended, and all amounts of | ||||||
27 | expenses allocable
to interest and disallowed as | ||||||
28 | deductions by Section 265(1) of the Internal
Revenue | ||||||
29 | Code of 1954, as now or hereafter amended;
and (ii) for | ||||||
30 | taxable years
ending on or after August 13, 1999, | ||||||
31 | Sections 171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of | ||||||
32 | the Internal Revenue Code; the provisions of this
| ||||||
33 | subparagraph are exempt from the provisions of Section | ||||||
34 | 250;
| ||||||
35 | (N) An amount equal to all amounts included in such | ||||||
36 | total which are
exempt from taxation by this State |
| |||||||
| |||||||
1 | either by reason of its statutes or
Constitution
or by | ||||||
2 | reason of the Constitution, treaties or statutes of the | ||||||
3 | United States;
provided that, in the case of any | ||||||
4 | statute of this State that exempts income
derived from | ||||||
5 | bonds or other obligations from the tax imposed under | ||||||
6 | this Act,
the amount exempted shall be the interest net | ||||||
7 | of bond premium amortization;
| ||||||
8 | (O) An amount equal to any contribution made to a | ||||||
9 | job training
project established pursuant to the Tax | ||||||
10 | Increment Allocation Redevelopment Act;
| ||||||
11 | (P) An amount equal to the amount of the deduction | ||||||
12 | used to compute the
federal income tax credit for | ||||||
13 | restoration of substantial amounts held under
claim of | ||||||
14 | right for the taxable year pursuant to Section 1341 of | ||||||
15 | the
Internal Revenue Code of 1986;
| ||||||
16 | (Q) An amount equal to any amounts included in such | ||||||
17 | total, received by
the taxpayer as an acceleration in | ||||||
18 | the payment of life, endowment or annuity
benefits in | ||||||
19 | advance of the time they would otherwise be payable as | ||||||
20 | an indemnity
for a terminal illness;
| ||||||
21 | (R) An amount equal to the amount of any federal or | ||||||
22 | State bonus paid
to veterans of the Persian Gulf War;
| ||||||
23 | (S) An amount, to the extent included in adjusted | ||||||
24 | gross income, equal
to the amount of a contribution | ||||||
25 | made in the taxable year on behalf of the
taxpayer to a | ||||||
26 | medical care savings account established under the | ||||||
27 | Medical Care
Savings Account Act or the Medical Care | ||||||
28 | Savings Account Act of 2000 to the
extent the | ||||||
29 | contribution is accepted by the account
administrator | ||||||
30 | as provided in that Act;
| ||||||
31 | (T) An amount, to the extent included in adjusted | ||||||
32 | gross income, equal to
the amount of interest earned in | ||||||
33 | the taxable year on a medical care savings
account | ||||||
34 | established under the Medical Care Savings Account Act | ||||||
35 | or the Medical
Care Savings Account Act of 2000 on | ||||||
36 | behalf of the
taxpayer, other than interest added |
| |||||||
| |||||||
1 | pursuant to item (D-5) of this paragraph
(2);
| ||||||
2 | (U) For one taxable year beginning on or after | ||||||
3 | January 1,
1994, an
amount equal to the total amount of | ||||||
4 | tax imposed and paid under subsections (a)
and (b) of | ||||||
5 | Section 201 of this Act on grant amounts received by | ||||||
6 | the taxpayer
under the Nursing Home Grant Assistance | ||||||
7 | Act during the taxpayer's taxable years
1992 and 1993;
| ||||||
8 | (V) Beginning with tax years ending on or after | ||||||
9 | December 31, 1995 and
ending with tax years ending on | ||||||
10 | or before December 31, 2004, an amount equal to
the | ||||||
11 | amount paid by a taxpayer who is a
self-employed | ||||||
12 | taxpayer, a partner of a partnership, or a
shareholder | ||||||
13 | in a Subchapter S corporation for health insurance or | ||||||
14 | long-term
care insurance for that taxpayer or that | ||||||
15 | taxpayer's spouse or dependents, to
the extent that the | ||||||
16 | amount paid for that health insurance or long-term care
| ||||||
17 | insurance may be deducted under Section 213 of the | ||||||
18 | Internal Revenue Code of
1986, has not been deducted on | ||||||
19 | the federal income tax return of the taxpayer,
and does | ||||||
20 | not exceed the taxable income attributable to that | ||||||
21 | taxpayer's income,
self-employment income, or | ||||||
22 | Subchapter S corporation income; except that no
| ||||||
23 | deduction shall be allowed under this item (V) if the | ||||||
24 | taxpayer is eligible to
participate in any health | ||||||
25 | insurance or long-term care insurance plan of an
| ||||||
26 | employer of the taxpayer or the taxpayer's
spouse. The | ||||||
27 | amount of the health insurance and long-term care | ||||||
28 | insurance
subtracted under this item (V) shall be | ||||||
29 | determined by multiplying total
health insurance and | ||||||
30 | long-term care insurance premiums paid by the taxpayer
| ||||||
31 | times a number that represents the fractional | ||||||
32 | percentage of eligible medical
expenses under Section | ||||||
33 | 213 of the Internal Revenue Code of 1986 not actually
| ||||||
34 | deducted on the taxpayer's federal income tax return;
| ||||||
35 | (W) For taxable years beginning on or after January | ||||||
36 | 1, 1998,
all amounts included in the taxpayer's federal |
| |||||||
| |||||||
1 | gross income
in the taxable year from amounts converted | ||||||
2 | from a regular IRA to a Roth IRA.
This paragraph is | ||||||
3 | exempt from the provisions of Section
250;
| ||||||
4 | (X) For taxable year 1999 and thereafter, an amount | ||||||
5 | equal to the
amount of any (i) distributions, to the | ||||||
6 | extent includible in gross income for
federal income | ||||||
7 | tax purposes, made to the taxpayer because of his or | ||||||
8 | her status
as a victim of persecution for racial or | ||||||
9 | religious reasons by Nazi Germany or
any other Axis | ||||||
10 | regime or as an heir of the victim and (ii) items
of | ||||||
11 | income, to the extent
includible in gross income for | ||||||
12 | federal income tax purposes, attributable to,
derived | ||||||
13 | from or in any way related to assets stolen from, | ||||||
14 | hidden from, or
otherwise lost to a victim of
| ||||||
15 | persecution for racial or religious reasons by Nazi | ||||||
16 | Germany or any other Axis
regime immediately prior to, | ||||||
17 | during, and immediately after World War II,
including, | ||||||
18 | but
not limited to, interest on the proceeds receivable | ||||||
19 | as insurance
under policies issued to a victim of | ||||||
20 | persecution for racial or religious
reasons
by Nazi | ||||||
21 | Germany or any other Axis regime by European insurance | ||||||
22 | companies
immediately prior to and during World War II;
| ||||||
23 | provided, however, this subtraction from federal | ||||||
24 | adjusted gross income does not
apply to assets acquired | ||||||
25 | with such assets or with the proceeds from the sale of
| ||||||
26 | such assets; provided, further, this paragraph shall | ||||||
27 | only apply to a taxpayer
who was the first recipient of | ||||||
28 | such assets after their recovery and who is a
victim of | ||||||
29 | persecution for racial or religious reasons
by Nazi | ||||||
30 | Germany or any other Axis regime or as an heir of the | ||||||
31 | victim. The
amount of and the eligibility for any | ||||||
32 | public assistance, benefit, or
similar entitlement is | ||||||
33 | not affected by the inclusion of items (i) and (ii) of
| ||||||
34 | this paragraph in gross income for federal income tax | ||||||
35 | purposes.
This paragraph is exempt from the provisions | ||||||
36 | of Section 250;
|
| |||||||
| |||||||
1 | (Y) For taxable years beginning on or after January | ||||||
2 | 1, 2002,
moneys contributed in the taxable year to a | ||||||
3 | College Savings Pool account under
Section 16.5 of the | ||||||
4 | State Treasurer Act, except that amounts excluded from
| ||||||
5 | gross income under Section 529(c)(3) (C) (i) of the | ||||||
6 | Internal Revenue Code
shall not be considered moneys | ||||||
7 | contributed under this subparagraph (Y). This
| ||||||
8 | subparagraph (Y) is exempt from the provisions of | ||||||
9 | Section 250;
| ||||||
10 | (Z) For taxable years 2001 and thereafter, for the | ||||||
11 | taxable year in
which the bonus depreciation deduction | ||||||
12 | (30% of the adjusted basis of the
qualified property) | ||||||
13 | is taken on the taxpayer's federal income tax return | ||||||
14 | under
subsection (k) of Section 168 of the Internal | ||||||
15 | Revenue Code and for each
applicable taxable year | ||||||
16 | thereafter, an amount equal to "x", where:
| ||||||
17 | (1) "y" equals the amount of the depreciation | ||||||
18 | deduction taken for the
taxable year
on the | ||||||
19 | taxpayer's federal income tax return on property | ||||||
20 | for which the bonus
depreciation deduction (30% of | ||||||
21 | the adjusted basis of the qualified property)
was | ||||||
22 | taken in any year under subsection (k) of Section | ||||||
23 | 168 of the Internal
Revenue Code, but not including | ||||||
24 | the bonus depreciation deduction; and
| ||||||
25 | (2) "x" equals "y" multiplied by 30 and then | ||||||
26 | divided by 70 (or "y"
multiplied by 0.429).
| ||||||
27 | The aggregate amount deducted under this | ||||||
28 | subparagraph in all taxable
years for any one piece of | ||||||
29 | property may not exceed the amount of the bonus
| ||||||
30 | depreciation deduction (30% of the adjusted basis of | ||||||
31 | the qualified property)
taken on that property on the | ||||||
32 | taxpayer's federal income tax return under
subsection | ||||||
33 | (k) of Section 168 of the Internal Revenue Code; and
| ||||||
34 | (AA) If the taxpayer reports a capital gain or loss | ||||||
35 | on the taxpayer's
federal income tax return for the | ||||||
36 | taxable year based on a sale or transfer of
property |
| |||||||
| |||||||
1 | for which the taxpayer was required in any taxable year | ||||||
2 | to make an
addition modification under subparagraph | ||||||
3 | (D-15), then an amount equal to that
addition | ||||||
4 | modification.
| ||||||
5 | The taxpayer is allowed to take the deduction under | ||||||
6 | this subparagraph
only once with respect to any one | ||||||
7 | piece of property; and
| ||||||
8 | (BB)
(Z) Any amount included in adjusted gross | ||||||
9 | income, other
than
salary,
received by a driver in a | ||||||
10 | ridesharing arrangement using a motor vehicle.
| ||||||
11 | (b) Corporations.
| ||||||
12 | (1) In general. In the case of a corporation, base | ||||||
13 | income means an
amount equal to the taxpayer's taxable | ||||||
14 | income for the taxable year as
modified by paragraph (2).
| ||||||
15 | (2) Modifications. The taxable income referred to in | ||||||
16 | paragraph (1)
shall be modified by adding thereto the sum | ||||||
17 | of the following amounts:
| ||||||
18 | (A) An amount equal to all amounts paid or accrued | ||||||
19 | to the taxpayer
as interest and all distributions | ||||||
20 | received from regulated investment
companies during | ||||||
21 | the taxable year to the extent excluded from gross
| ||||||
22 | income in the computation of taxable income;
| ||||||
23 | (B) An amount equal to the amount of tax imposed by | ||||||
24 | this Act to the
extent deducted from gross income in | ||||||
25 | the computation of taxable income
for the taxable year;
| ||||||
26 | (C) In the case of a regulated investment company, | ||||||
27 | an amount equal to
the excess of (i) the net long-term | ||||||
28 | capital gain for the taxable year, over
(ii) the amount | ||||||
29 | of the capital gain dividends designated as such in | ||||||
30 | accordance
with Section 852(b)(3)(C) of the Internal | ||||||
31 | Revenue Code and any amount
designated under Section | ||||||
32 | 852(b)(3)(D) of the Internal Revenue Code,
| ||||||
33 | attributable to the taxable year (this amendatory Act | ||||||
34 | of 1995
(Public Act 89-89) is declarative of existing | ||||||
35 | law and is not a new
enactment);
|
| |||||||
| |||||||
1 | (D) The amount of any net operating loss deduction | ||||||
2 | taken in arriving
at taxable income, other than a net | ||||||
3 | operating loss carried forward from a
taxable year | ||||||
4 | ending prior to December 31, 1986;
| ||||||
5 | (E) For taxable years in which a net operating loss | ||||||
6 | carryback or
carryforward from a taxable year ending | ||||||
7 | prior to December 31, 1986 is an
element of taxable | ||||||
8 | income under paragraph (1) of subsection (e) or
| ||||||
9 | subparagraph (E) of paragraph (2) of subsection (e), | ||||||
10 | the amount by which
addition modifications other than | ||||||
11 | those provided by this subparagraph (E)
exceeded | ||||||
12 | subtraction modifications in such earlier taxable | ||||||
13 | year, with the
following limitations applied in the | ||||||
14 | order that they are listed:
| ||||||
15 | (i) the addition modification relating to the | ||||||
16 | net operating loss
carried back or forward to the | ||||||
17 | taxable year from any taxable year ending
prior to | ||||||
18 | December 31, 1986 shall be reduced by the amount of | ||||||
19 | addition
modification under this subparagraph (E) | ||||||
20 | which related to that net operating
loss and which | ||||||
21 | was taken into account in calculating the base | ||||||
22 | income of an
earlier taxable year, and
| ||||||
23 | (ii) the addition modification relating to the | ||||||
24 | net operating loss
carried back or forward to the | ||||||
25 | taxable year from any taxable year ending
prior to | ||||||
26 | December 31, 1986 shall not exceed the amount of | ||||||
27 | such carryback or
carryforward;
| ||||||
28 | For taxable years in which there is a net operating | ||||||
29 | loss carryback or
carryforward from more than one other | ||||||
30 | taxable year ending prior to December
31, 1986, the | ||||||
31 | addition modification provided in this subparagraph | ||||||
32 | (E) shall
be the sum of the amounts computed | ||||||
33 | independently under the preceding
provisions of this | ||||||
34 | subparagraph (E) for each such taxable year;
| ||||||
35 | (E-5) For taxable years ending after December 31, | ||||||
36 | 1997, an
amount equal to any eligible remediation costs |
| |||||||
| |||||||
1 | that the corporation
deducted in computing adjusted | ||||||
2 | gross income and for which the
corporation claims a | ||||||
3 | credit under subsection (l) of Section 201;
| ||||||
4 | (E-10) For taxable years 2001 and thereafter, an | ||||||
5 | amount equal to the
bonus depreciation deduction (30% | ||||||
6 | of the adjusted basis of the qualified
property) taken | ||||||
7 | on the taxpayer's federal income tax return for the | ||||||
8 | taxable
year under subsection (k) of Section 168 of the | ||||||
9 | Internal Revenue Code; and
| ||||||
10 | (E-11) If the taxpayer reports a capital gain or | ||||||
11 | loss on the
taxpayer's federal income tax return for | ||||||
12 | the taxable year based on a sale or
transfer of | ||||||
13 | property for which the taxpayer was required in any | ||||||
14 | taxable year to
make an addition modification under | ||||||
15 | subparagraph (E-10), then an amount equal
to the | ||||||
16 | aggregate amount of the deductions taken in all taxable
| ||||||
17 | years under subparagraph (T) with respect to that | ||||||
18 | property . ;
| ||||||
19 | The taxpayer is required to make the addition | ||||||
20 | modification under this
subparagraph
only once with | ||||||
21 | respect to any one piece of property;
| ||||||
22 | and by deducting from the total so obtained the sum of the | ||||||
23 | following
amounts:
| ||||||
24 | (F) An amount equal to the amount of any tax | ||||||
25 | imposed by this Act
which was refunded to the taxpayer | ||||||
26 | and included in such total for the
taxable year;
| ||||||
27 | (G) An amount equal to any amount included in such | ||||||
28 | total under
Section 78 of the Internal Revenue Code;
| ||||||
29 | (H) In the case of a regulated investment company, | ||||||
30 | an amount equal
to the amount of exempt interest | ||||||
31 | dividends as defined in subsection (b)
(5) of Section | ||||||
32 | 852 of the Internal Revenue Code, paid to shareholders
| ||||||
33 | for the taxable year;
| ||||||
34 | (I) With the exception of any amounts subtracted | ||||||
35 | under subparagraph
(J),
an amount equal to the sum of | ||||||
36 | all amounts disallowed as
deductions by (i) Sections |
| |||||||
| |||||||
1 | 171(a) (2), and 265(a)(2) and amounts disallowed as
| ||||||
2 | interest expense by Section 291(a)(3) of the Internal | ||||||
3 | Revenue Code, as now
or hereafter amended, and all | ||||||
4 | amounts of expenses allocable to interest and
| ||||||
5 | disallowed as deductions by Section 265(a)(1) of the | ||||||
6 | Internal Revenue Code,
as now or hereafter amended;
and | ||||||
7 | (ii) for taxable years
ending on or after August 13, | ||||||
8 | 1999, Sections
171(a)(2), 265,
280C, 291(a)(3), and | ||||||
9 | 832(b)(5)(B)(i) of the Internal Revenue Code; the
| ||||||
10 | provisions of this
subparagraph are exempt from the | ||||||
11 | provisions of Section 250;
| ||||||
12 | (J) An amount equal to all amounts included in such | ||||||
13 | total which are
exempt from taxation by this State | ||||||
14 | either by reason of its statutes or
Constitution
or by | ||||||
15 | reason of the Constitution, treaties or statutes of the | ||||||
16 | United States;
provided that, in the case of any | ||||||
17 | statute of this State that exempts income
derived from | ||||||
18 | bonds or other obligations from the tax imposed under | ||||||
19 | this Act,
the amount exempted shall be the interest net | ||||||
20 | of bond premium amortization;
| ||||||
21 | (K) An amount equal to those dividends included in | ||||||
22 | such total
which were paid by a corporation which | ||||||
23 | conducts
business operations in an Enterprise Zone or | ||||||
24 | zones created under
the Illinois Enterprise Zone Act | ||||||
25 | and conducts substantially all of its
operations in an | ||||||
26 | Enterprise Zone or zones;
| ||||||
27 | (L) An amount equal to those dividends included in | ||||||
28 | such total that
were paid by a corporation that | ||||||
29 | conducts business operations in a federally
designated | ||||||
30 | Foreign Trade Zone or Sub-Zone and that is designated a | ||||||
31 | High Impact
Business located in Illinois; provided | ||||||
32 | that dividends eligible for the
deduction provided in | ||||||
33 | subparagraph (K) of paragraph 2 of this subsection
| ||||||
34 | shall not be eligible for the deduction provided under | ||||||
35 | this subparagraph
(L);
| ||||||
36 | (M) For any taxpayer that is a financial |
| |||||||
| |||||||
1 | organization within the meaning
of Section 304(c) of | ||||||
2 | this Act, an amount included in such total as interest
| ||||||
3 | income from a loan or loans made by such taxpayer to a | ||||||
4 | borrower, to the extent
that such a loan is secured by | ||||||
5 | property which is eligible for the Enterprise
Zone | ||||||
6 | Investment Credit. To determine the portion of a loan | ||||||
7 | or loans that is
secured by property eligible for a | ||||||
8 | Section 201(f) investment
credit to the borrower, the | ||||||
9 | entire principal amount of the loan or loans
between | ||||||
10 | the taxpayer and the borrower should be divided into | ||||||
11 | the basis of the
Section 201(f) investment credit | ||||||
12 | property which secures the
loan or loans, using for | ||||||
13 | this purpose the original basis of such property on
the | ||||||
14 | date that it was placed in service in the
Enterprise | ||||||
15 | Zone. The subtraction modification available to | ||||||
16 | taxpayer in any
year under this subsection shall be | ||||||
17 | that portion of the total interest paid
by the borrower | ||||||
18 | with respect to such loan attributable to the eligible
| ||||||
19 | property as calculated under the previous sentence;
| ||||||
20 | (M-1) For any taxpayer that is a financial | ||||||
21 | organization within the
meaning of Section 304(c) of | ||||||
22 | this Act, an amount included in such total as
interest | ||||||
23 | income from a loan or loans made by such taxpayer to a | ||||||
24 | borrower,
to the extent that such a loan is secured by | ||||||
25 | property which is eligible for
the High Impact Business | ||||||
26 | Investment Credit. To determine the portion of a
loan | ||||||
27 | or loans that is secured by property eligible for a | ||||||
28 | Section 201(h) investment credit to the borrower, the | ||||||
29 | entire principal amount of
the loan or loans between | ||||||
30 | the taxpayer and the borrower should be divided into
| ||||||
31 | the basis of the Section 201(h) investment credit | ||||||
32 | property which
secures the loan or loans, using for | ||||||
33 | this purpose the original basis of such
property on the | ||||||
34 | date that it was placed in service in a federally | ||||||
35 | designated
Foreign Trade Zone or Sub-Zone located in | ||||||
36 | Illinois. No taxpayer that is
eligible for the |
| |||||||
| |||||||
1 | deduction provided in subparagraph (M) of paragraph | ||||||
2 | (2) of
this subsection shall be eligible for the | ||||||
3 | deduction provided under this
subparagraph (M-1). The | ||||||
4 | subtraction modification available to taxpayers in
any | ||||||
5 | year under this subsection shall be that portion of the | ||||||
6 | total interest
paid by the borrower with respect to | ||||||
7 | such loan attributable to the eligible
property as | ||||||
8 | calculated under the previous sentence;
| ||||||
9 | (N) Two times any contribution made during the | ||||||
10 | taxable year to a
designated zone organization to the | ||||||
11 | extent that the contribution (i)
qualifies as a | ||||||
12 | charitable contribution under subsection (c) of | ||||||
13 | Section 170
of the Internal Revenue Code and (ii) must, | ||||||
14 | by its terms, be used for a
project approved by the | ||||||
15 | Department of Commerce and Economic Opportunity
| ||||||
16 | Community Affairs under Section 11 of the Illinois | ||||||
17 | Enterprise Zone Act;
| ||||||
18 | (O) An amount equal to: (i) 85% for taxable years | ||||||
19 | ending on or before
December 31, 1992, or, a percentage | ||||||
20 | equal to the percentage allowable under
Section | ||||||
21 | 243(a)(1) of the Internal Revenue Code of 1986 for | ||||||
22 | taxable years ending
after December 31, 1992, of the | ||||||
23 | amount by which dividends included in taxable
income | ||||||
24 | and received from a corporation that is not created or | ||||||
25 | organized under
the laws of the United States or any | ||||||
26 | state or political subdivision thereof,
including, for | ||||||
27 | taxable years ending on or after December 31, 1988, | ||||||
28 | dividends
received or deemed received or paid or deemed | ||||||
29 | paid under Sections 951 through
964 of the Internal | ||||||
30 | Revenue Code, exceed the amount of the modification
| ||||||
31 | provided under subparagraph (G) of paragraph (2) of | ||||||
32 | this subsection (b) which
is related to such dividends; | ||||||
33 | plus (ii) 100% of the amount by which dividends,
| ||||||
34 | included in taxable income and received, including, | ||||||
35 | for taxable years ending on
or after December 31, 1988, | ||||||
36 | dividends received or deemed received or paid or
deemed |
| |||||||
| |||||||
1 | paid under Sections 951 through 964 of the Internal | ||||||
2 | Revenue Code, from
any such corporation specified in | ||||||
3 | clause (i) that would but for the provisions
of Section | ||||||
4 | 1504 (b) (3) of the Internal Revenue Code be treated as | ||||||
5 | a member of
the affiliated group which includes the | ||||||
6 | dividend recipient, exceed the amount
of the | ||||||
7 | modification provided under subparagraph (G) of | ||||||
8 | paragraph (2) of this
subsection (b) which is related | ||||||
9 | to such dividends;
| ||||||
10 | (P) An amount equal to any contribution made to a | ||||||
11 | job training project
established pursuant to the Tax | ||||||
12 | Increment Allocation Redevelopment Act;
| ||||||
13 | (Q) An amount equal to the amount of the deduction | ||||||
14 | used to compute the
federal income tax credit for | ||||||
15 | restoration of substantial amounts held under
claim of | ||||||
16 | right for the taxable year pursuant to Section 1341 of | ||||||
17 | the
Internal Revenue Code of 1986;
| ||||||
18 | (R) In the case of an attorney-in-fact with respect | ||||||
19 | to whom an
interinsurer or a reciprocal insurer has | ||||||
20 | made the election under Section 835 of
the Internal | ||||||
21 | Revenue Code, 26 U.S.C. 835, an amount equal to the | ||||||
22 | excess, if
any, of the amounts paid or incurred by that | ||||||
23 | interinsurer or reciprocal insurer
in the taxable year | ||||||
24 | to the attorney-in-fact over the deduction allowed to | ||||||
25 | that
interinsurer or reciprocal insurer with respect | ||||||
26 | to the attorney-in-fact under
Section 835(b) of the | ||||||
27 | Internal Revenue Code for the taxable year;
| ||||||
28 | (S) For taxable years ending on or after December | ||||||
29 | 31, 1997, in the
case of a Subchapter
S corporation, an | ||||||
30 | amount equal to all amounts of income allocable to a
| ||||||
31 | shareholder subject to the Personal Property Tax | ||||||
32 | Replacement Income Tax imposed
by subsections (c) and | ||||||
33 | (d) of Section 201 of this Act, including amounts
| ||||||
34 | allocable to organizations exempt from federal income | ||||||
35 | tax by reason of Section
501(a) of the Internal Revenue | ||||||
36 | Code. This subparagraph (S) is exempt from
the |
| |||||||
| |||||||
1 | provisions of Section 250;
| ||||||
2 | (T) For taxable years 2001 and thereafter, for the | ||||||
3 | taxable year in
which the bonus depreciation deduction | ||||||
4 | (30% of the adjusted basis of the
qualified property) | ||||||
5 | is taken on the taxpayer's federal income tax return | ||||||
6 | under
subsection (k) of Section 168 of the Internal | ||||||
7 | Revenue Code and for each
applicable taxable year | ||||||
8 | thereafter, an amount equal to "x", where:
| ||||||
9 | (1) "y" equals the amount of the depreciation | ||||||
10 | deduction taken for the
taxable year
on the | ||||||
11 | taxpayer's federal income tax return on property | ||||||
12 | for which the bonus
depreciation deduction (30% of | ||||||
13 | the adjusted basis of the qualified property)
was | ||||||
14 | taken in any year under subsection (k) of Section | ||||||
15 | 168 of the Internal
Revenue Code, but not including | ||||||
16 | the bonus depreciation deduction; and
| ||||||
17 | (2) "x" equals "y" multiplied by 30 and then | ||||||
18 | divided by 70 (or "y"
multiplied by 0.429).
| ||||||
19 | The aggregate amount deducted under this | ||||||
20 | subparagraph in all taxable
years for any one piece of | ||||||
21 | 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 the | ||||||
24 | taxpayer's federal income tax return under
subsection | ||||||
25 | (k) of Section 168 of the Internal Revenue Code; and
| ||||||
26 | (U) If the taxpayer reports a capital gain or loss | ||||||
27 | on the taxpayer's
federal income tax return for the | ||||||
28 | taxable year based on a sale or transfer of
property | ||||||
29 | for which the taxpayer was required in any taxable year | ||||||
30 | to make an
addition modification under subparagraph | ||||||
31 | (E-10), then an amount equal to that
addition | ||||||
32 | modification.
| ||||||
33 | The taxpayer is allowed to take the deduction under | ||||||
34 | this subparagraph
only once with respect to any one | ||||||
35 | piece of property.
| ||||||
36 | (3) Special rule. For purposes of paragraph (2) (A), |
| |||||||
| |||||||
1 | "gross income"
in the case of a life insurance company, for | ||||||
2 | tax years ending on and after
December 31, 1994,
shall mean | ||||||
3 | the gross investment income for the taxable year.
| ||||||
4 | (c) Trusts and estates.
| ||||||
5 | (1) In general. In the case of a trust or estate, base | ||||||
6 | income means
an amount equal to the taxpayer's taxable | ||||||
7 | income for the taxable year as
modified by paragraph (2).
| ||||||
8 | (2) Modifications. Subject to the provisions of | ||||||
9 | paragraph (3), the
taxable income referred to in paragraph | ||||||
10 | (1) shall be modified by adding
thereto the sum of the | ||||||
11 | following amounts:
| ||||||
12 | (A) An amount equal to all amounts paid or accrued | ||||||
13 | to the taxpayer
as interest or dividends during the | ||||||
14 | taxable year to the extent excluded
from gross income | ||||||
15 | in the computation of taxable income;
| ||||||
16 | (B) In the case of (i) an estate, $600; (ii) a | ||||||
17 | trust which, under
its governing instrument, is | ||||||
18 | required to distribute all of its income
currently, | ||||||
19 | $300; and (iii) any other trust, $100, but in each such | ||||||
20 | case,
only to the extent such amount was deducted in | ||||||
21 | the computation of
taxable income;
| ||||||
22 | (C) An amount equal to the amount of tax imposed by | ||||||
23 | this Act to the
extent deducted from gross income in | ||||||
24 | the computation of taxable income
for the taxable year;
| ||||||
25 | (D) The amount of any net operating loss deduction | ||||||
26 | taken in arriving at
taxable income, other than a net | ||||||
27 | operating loss carried forward from a
taxable year | ||||||
28 | ending prior to December 31, 1986;
| ||||||
29 | (E) For taxable years in which a net operating loss | ||||||
30 | carryback or
carryforward from a taxable year ending | ||||||
31 | prior to December 31, 1986 is an
element of taxable | ||||||
32 | income under paragraph (1) of subsection (e) or | ||||||
33 | subparagraph
(E) of paragraph (2) of subsection (e), | ||||||
34 | the amount by which addition
modifications other than | ||||||
35 | those provided by this subparagraph (E) exceeded
|
| |||||||
| |||||||
1 | subtraction modifications in such taxable year, with | ||||||
2 | the following limitations
applied in the order that | ||||||
3 | they are listed:
| ||||||
4 | (i) the addition modification relating to the | ||||||
5 | net operating loss
carried back or forward to the | ||||||
6 | taxable year from any taxable year ending
prior to | ||||||
7 | December 31, 1986 shall be reduced by the amount of | ||||||
8 | addition
modification under this subparagraph (E) | ||||||
9 | which related to that net
operating loss and which | ||||||
10 | was taken into account in calculating the base
| ||||||
11 | income of an earlier taxable year, and
| ||||||
12 | (ii) the addition modification relating to the | ||||||
13 | net operating loss
carried back or forward to the | ||||||
14 | taxable year from any taxable year ending
prior to | ||||||
15 | December 31, 1986 shall not exceed the amount of | ||||||
16 | such carryback or
carryforward;
| ||||||
17 | For taxable years in which there is a net operating | ||||||
18 | loss carryback or
carryforward from more than one other | ||||||
19 | taxable year ending prior to December
31, 1986, the | ||||||
20 | addition modification provided in this subparagraph | ||||||
21 | (E) shall
be the sum of the amounts computed | ||||||
22 | independently under the preceding
provisions of this | ||||||
23 | subparagraph (E) for each such taxable year;
| ||||||
24 | (F) For taxable years ending on or after January 1, | ||||||
25 | 1989, an amount
equal to the tax deducted pursuant to | ||||||
26 | Section 164 of the Internal Revenue
Code if the trust | ||||||
27 | or estate is claiming the same tax for purposes of the
| ||||||
28 | Illinois foreign tax credit under Section 601 of this | ||||||
29 | Act;
| ||||||
30 | (G) An amount equal to the amount of the capital | ||||||
31 | gain deduction
allowable under the Internal Revenue | ||||||
32 | Code, to the extent deducted from
gross income in the | ||||||
33 | computation of taxable income;
| ||||||
34 | (G-5) For taxable years ending after December 31, | ||||||
35 | 1997, an
amount equal to any eligible remediation costs | ||||||
36 | that the trust or estate
deducted in computing adjusted |
| |||||||
| |||||||
1 | gross income and for which the trust
or estate claims a | ||||||
2 | credit under subsection (l) of Section 201;
| ||||||
3 | (G-10) For taxable years 2001 and thereafter, an | ||||||
4 | amount equal to the
bonus depreciation deduction (30% | ||||||
5 | of the adjusted basis of the qualified
property) taken | ||||||
6 | on the taxpayer's federal income tax return for the | ||||||
7 | taxable
year under subsection (k) of Section 168 of the | ||||||
8 | Internal Revenue Code; and
| ||||||
9 | (G-11) If the taxpayer reports a capital gain or | ||||||
10 | loss on the
taxpayer's federal income tax return for | ||||||
11 | the taxable year based on a sale or
transfer of | ||||||
12 | property for which the taxpayer was required in any | ||||||
13 | taxable year to
make an addition modification under | ||||||
14 | subparagraph (G-10), then an amount equal
to the | ||||||
15 | aggregate amount of the deductions taken in all taxable
| ||||||
16 | years under subparagraph (R) with respect to that | ||||||
17 | property . ;
| ||||||
18 | The taxpayer is required to make the addition | ||||||
19 | modification under this
subparagraph
only once with | ||||||
20 | respect to any one piece of property;
| ||||||
21 | and by deducting from the total so obtained the sum of the | ||||||
22 | following
amounts:
| ||||||
23 | (H) An amount equal to all amounts included in such | ||||||
24 | total pursuant
to the provisions of Sections 402(a), | ||||||
25 | 402(c), 403(a), 403(b), 406(a), 407(a)
and 408 of the | ||||||
26 | Internal Revenue Code or included in such total as
| ||||||
27 | distributions under the provisions of any retirement | ||||||
28 | or disability plan for
employees of any governmental | ||||||
29 | agency or unit, or retirement payments to
retired | ||||||
30 | partners, which payments are excluded in computing net | ||||||
31 | earnings
from self employment by Section 1402 of the | ||||||
32 | Internal Revenue Code and
regulations adopted pursuant | ||||||
33 | thereto;
| ||||||
34 | (I) The valuation limitation amount;
| ||||||
35 | (J) An amount equal to the amount of any tax | ||||||
36 | imposed by this Act
which was refunded to the taxpayer |
| |||||||
| |||||||
1 | and included in such total for the
taxable year;
| ||||||
2 | (K) An amount equal to all amounts included in | ||||||
3 | taxable income as
modified by subparagraphs (A), (B), | ||||||
4 | (C), (D), (E), (F) and (G) which
are exempt from | ||||||
5 | taxation by this State either by reason of its statutes | ||||||
6 | or
Constitution
or by reason of the Constitution, | ||||||
7 | treaties or statutes of the United States;
provided | ||||||
8 | that, in the case of any statute of this State that | ||||||
9 | exempts income
derived from bonds or other obligations | ||||||
10 | from the tax imposed under this Act,
the amount | ||||||
11 | exempted shall be the interest net of bond premium | ||||||
12 | amortization;
| ||||||
13 | (L) With the exception of any amounts subtracted | ||||||
14 | under subparagraph
(K),
an amount equal to the sum of | ||||||
15 | all amounts disallowed as
deductions by (i) Sections | ||||||
16 | 171(a) (2) and 265(a)(2) of the Internal Revenue
Code, | ||||||
17 | as now or hereafter amended, and all amounts of | ||||||
18 | expenses allocable
to interest and disallowed as | ||||||
19 | deductions by Section 265(1) of the Internal
Revenue | ||||||
20 | Code of 1954, as now or hereafter amended;
and (ii) for | ||||||
21 | taxable years
ending on or after August 13, 1999, | ||||||
22 | Sections
171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of | ||||||
23 | the Internal Revenue Code; the provisions of this
| ||||||
24 | subparagraph are exempt from the provisions of Section | ||||||
25 | 250;
| ||||||
26 | (M) An amount equal to those dividends included in | ||||||
27 | such total
which were paid by a corporation which | ||||||
28 | conducts business operations in an
Enterprise Zone or | ||||||
29 | zones created under the Illinois Enterprise Zone Act | ||||||
30 | and
conducts substantially all of its operations in an | ||||||
31 | Enterprise Zone or Zones;
| ||||||
32 | (N) An amount equal to any contribution made to a | ||||||
33 | job training
project established pursuant to the Tax | ||||||
34 | Increment Allocation
Redevelopment Act;
| ||||||
35 | (O) An amount equal to those dividends included in | ||||||
36 | such total
that were paid by a corporation that |
| |||||||
| |||||||
1 | conducts business operations in a
federally designated | ||||||
2 | Foreign Trade Zone or Sub-Zone and that is designated
a | ||||||
3 | High Impact Business located in Illinois; provided | ||||||
4 | that dividends eligible
for the deduction provided in | ||||||
5 | subparagraph (M) of paragraph (2) of this
subsection | ||||||
6 | shall not be eligible for the deduction provided under | ||||||
7 | this
subparagraph (O);
| ||||||
8 | (P) An amount equal to the amount of the deduction | ||||||
9 | used to compute the
federal income tax credit for | ||||||
10 | restoration of substantial amounts held under
claim of | ||||||
11 | right for the taxable year pursuant to Section 1341 of | ||||||
12 | the
Internal Revenue Code of 1986;
| ||||||
13 | (Q) For taxable year 1999 and thereafter, an amount | ||||||
14 | equal to the
amount of any
(i) distributions, to the | ||||||
15 | extent includible in gross income for
federal income | ||||||
16 | tax purposes, made to the taxpayer because of
his or | ||||||
17 | her status as a victim of
persecution for racial or | ||||||
18 | religious reasons by Nazi Germany or any other Axis
| ||||||
19 | regime or as an heir of the victim and (ii) items
of | ||||||
20 | income, to the extent
includible in gross income for | ||||||
21 | federal income tax purposes, attributable to,
derived | ||||||
22 | from or in any way related to assets stolen from, | ||||||
23 | hidden from, or
otherwise lost to a victim of
| ||||||
24 | persecution for racial or religious reasons by Nazi
| ||||||
25 | Germany or any other Axis regime
immediately prior to, | ||||||
26 | during, and immediately after World War II, including,
| ||||||
27 | but
not limited to, interest on the proceeds receivable | ||||||
28 | as insurance
under policies issued to a victim of | ||||||
29 | persecution for racial or religious
reasons by Nazi | ||||||
30 | Germany or any other Axis regime by European insurance
| ||||||
31 | companies
immediately prior to and during World War II;
| ||||||
32 | provided, however, this subtraction from federal | ||||||
33 | adjusted gross income does not
apply to assets acquired | ||||||
34 | with such assets or with the proceeds from the sale of
| ||||||
35 | such assets; provided, further, this paragraph shall | ||||||
36 | only apply to a taxpayer
who was the first recipient of |
| |||||||
| |||||||
1 | such assets after their recovery and who is a
victim of
| ||||||
2 | persecution for racial or religious reasons
by Nazi | ||||||
3 | Germany or any other Axis regime or as an heir of the | ||||||
4 | victim. The
amount of and the eligibility for any | ||||||
5 | public assistance, benefit, or
similar entitlement is | ||||||
6 | not affected by the inclusion of items (i) and (ii) of
| ||||||
7 | this paragraph in gross income for federal income tax | ||||||
8 | purposes.
This paragraph is exempt from the provisions | ||||||
9 | of Section 250;
| ||||||
10 | (R) For taxable years 2001 and thereafter, for the | ||||||
11 | taxable year in
which the bonus depreciation deduction | ||||||
12 | (30% of the adjusted basis of the
qualified property) | ||||||
13 | is taken on the taxpayer's federal income tax return | ||||||
14 | under
subsection (k) of Section 168 of the Internal | ||||||
15 | Revenue Code and for each
applicable taxable year | ||||||
16 | thereafter, an amount equal to "x", where:
| ||||||
17 | (1) "y" equals the amount of the depreciation | ||||||
18 | deduction taken for the
taxable year
on the | ||||||
19 | taxpayer's federal income tax return on property | ||||||
20 | for which the bonus
depreciation deduction (30% of | ||||||
21 | the adjusted basis of the qualified property)
was | ||||||
22 | taken in any year under subsection (k) of Section | ||||||
23 | 168 of the Internal
Revenue Code, but not including | ||||||
24 | the bonus depreciation deduction; and
| ||||||
25 | (2) "x" equals "y" multiplied by 30 and then | ||||||
26 | divided by 70 (or "y"
multiplied by 0.429).
| ||||||
27 | The aggregate amount deducted under this | ||||||
28 | subparagraph in all taxable
years for any one piece of | ||||||
29 | property may not exceed the amount of the bonus
| ||||||
30 | depreciation deduction (30% of the adjusted basis of | ||||||
31 | the qualified property)
taken on that property on the | ||||||
32 | taxpayer's federal income tax return under
subsection | ||||||
33 | (k) of Section 168 of the Internal Revenue Code; and
| ||||||
34 | (S) If the taxpayer reports a capital gain or loss | ||||||
35 | on the taxpayer's
federal income tax return for the | ||||||
36 | taxable year based on a sale or transfer of
property |
| |||||||
| |||||||
1 | for which the taxpayer was required in any taxable year | ||||||
2 | to make an
addition modification under subparagraph | ||||||
3 | (G-10), then an amount equal to that
addition | ||||||
4 | modification.
| ||||||
5 | The taxpayer is allowed to take the deduction under | ||||||
6 | this subparagraph
only once with respect to any one | ||||||
7 | piece of property.
| ||||||
8 | (3) Limitation. The amount of any modification | ||||||
9 | otherwise required
under this subsection shall, under | ||||||
10 | regulations prescribed by the
Department, be adjusted by | ||||||
11 | any amounts included therein which were
properly paid, | ||||||
12 | credited, or required to be distributed, or permanently set
| ||||||
13 | aside for charitable purposes pursuant to Internal Revenue | ||||||
14 | Code Section
642(c) during the taxable year.
| ||||||
15 | (d) Partnerships.
| ||||||
16 | (1) In general. In the case of a partnership, base | ||||||
17 | income means an
amount equal to the taxpayer's taxable | ||||||
18 | income for the taxable year as
modified by paragraph (2).
| ||||||
19 | (2) Modifications. The taxable income referred to in | ||||||
20 | paragraph (1)
shall be modified by adding thereto the sum | ||||||
21 | of the following amounts:
| ||||||
22 | (A) An amount equal to all amounts paid or accrued | ||||||
23 | to the taxpayer as
interest or dividends during the | ||||||
24 | taxable year to the extent excluded from
gross income | ||||||
25 | in the computation of taxable income;
| ||||||
26 | (B) An amount equal to the amount of tax imposed by | ||||||
27 | this Act to the
extent deducted from gross income for | ||||||
28 | the taxable year;
| ||||||
29 | (C) The amount of deductions allowed to the | ||||||
30 | partnership pursuant to
Section 707 (c) of the Internal | ||||||
31 | Revenue Code in calculating its taxable income;
| ||||||
32 | (D) An amount equal to the amount of the capital | ||||||
33 | gain deduction
allowable under the Internal Revenue | ||||||
34 | Code, to the extent deducted from
gross income in the | ||||||
35 | computation of taxable income;
|
| |||||||
| |||||||
1 | (D-5) For taxable years 2001 and thereafter, an | ||||||
2 | amount equal to the
bonus depreciation deduction (30% | ||||||
3 | of the adjusted basis of the qualified
property) taken | ||||||
4 | on the taxpayer's federal income tax return for the | ||||||
5 | taxable
year under subsection (k) of Section 168 of the | ||||||
6 | Internal Revenue Code; and
| ||||||
7 | (D-6) If the taxpayer reports a capital gain or | ||||||
8 | loss on the taxpayer's
federal income tax return for | ||||||
9 | the taxable year based on a sale or transfer of
| ||||||
10 | property for which the taxpayer was required in any | ||||||
11 | taxable year to make an
addition modification under | ||||||
12 | subparagraph (D-5), then an amount equal to the
| ||||||
13 | aggregate amount of the deductions taken in all taxable | ||||||
14 | years
under subparagraph (O) with respect to that | ||||||
15 | property . ;
| ||||||
16 | The taxpayer is required to make the addition | ||||||
17 | modification under this
subparagraph
only once with | ||||||
18 | respect to any one piece of property;
| ||||||
19 | and by deducting from the total so obtained the following | ||||||
20 | amounts:
| ||||||
21 | (E) The valuation limitation amount;
| ||||||
22 | (F) An amount equal to the amount of any tax | ||||||
23 | imposed by this Act which
was refunded to the taxpayer | ||||||
24 | and included in such total for the taxable year;
| ||||||
25 | (G) An amount equal to all amounts included in | ||||||
26 | taxable income as
modified by subparagraphs (A), (B), | ||||||
27 | (C) and (D) which are exempt from
taxation by this | ||||||
28 | State either by reason of its statutes or Constitution | ||||||
29 | or
by reason of
the Constitution, treaties or statutes | ||||||
30 | of the United States;
provided that, in the case of any | ||||||
31 | statute of this State that exempts income
derived from | ||||||
32 | bonds or other obligations from the tax imposed under | ||||||
33 | this Act,
the amount exempted shall be the interest net | ||||||
34 | of bond premium amortization;
| ||||||
35 | (H) Any income of the partnership which | ||||||
36 | constitutes personal service
income as defined in |
| |||||||
| |||||||
1 | Section 1348 (b) (1) of the Internal Revenue Code (as
| ||||||
2 | in effect December 31, 1981) or a reasonable allowance | ||||||
3 | for compensation
paid or accrued for services rendered | ||||||
4 | by partners to the partnership,
whichever is greater;
| ||||||
5 | (I) An amount equal to all amounts of income | ||||||
6 | distributable to an entity
subject to the Personal | ||||||
7 | Property Tax Replacement Income Tax imposed by
| ||||||
8 | subsections (c) and (d) of Section 201 of this Act | ||||||
9 | including amounts
distributable to organizations | ||||||
10 | exempt from federal income tax by reason of
Section | ||||||
11 | 501(a) of the Internal Revenue Code;
| ||||||
12 | (J) With the exception of any amounts subtracted | ||||||
13 | under subparagraph
(G),
an amount equal to the sum of | ||||||
14 | all amounts disallowed as deductions
by (i) Sections | ||||||
15 | 171(a) (2), and 265(2) of the Internal Revenue Code of | ||||||
16 | 1954,
as now or hereafter amended, and all amounts of | ||||||
17 | expenses allocable to
interest and disallowed as | ||||||
18 | deductions by Section 265(1) of the Internal
Revenue | ||||||
19 | Code, as now or hereafter amended;
and (ii) for taxable | ||||||
20 | years
ending on or after August 13, 1999, Sections
| ||||||
21 | 171(a)(2), 265,
280C, and 832(b)(5)(B)(i) of the | ||||||
22 | Internal Revenue Code; the provisions of this
| ||||||
23 | subparagraph are exempt from the provisions of Section | ||||||
24 | 250;
| ||||||
25 | (K) An amount equal to those dividends included in | ||||||
26 | such total which were
paid by a corporation which | ||||||
27 | conducts business operations in an Enterprise
Zone or | ||||||
28 | zones created under the Illinois Enterprise Zone Act, | ||||||
29 | enacted by
the 82nd General Assembly, and
conducts | ||||||
30 | substantially all of its operations
in an Enterprise | ||||||
31 | Zone or Zones;
| ||||||
32 | (L) An amount equal to any contribution made to a | ||||||
33 | job training project
established pursuant to the Real | ||||||
34 | Property Tax Increment Allocation
Redevelopment Act;
| ||||||
35 | (M) An amount equal to those dividends included in | ||||||
36 | such total
that were paid by a corporation that |
| |||||||
| |||||||
1 | conducts business operations in a
federally designated | ||||||
2 | Foreign Trade Zone or Sub-Zone and that is designated a
| ||||||
3 | High Impact Business located in Illinois; provided | ||||||
4 | that dividends eligible
for the deduction provided in | ||||||
5 | subparagraph (K) of paragraph (2) of this
subsection | ||||||
6 | shall not be eligible for the deduction provided under | ||||||
7 | this
subparagraph (M);
| ||||||
8 | (N) An amount equal to the amount of the deduction | ||||||
9 | used to compute the
federal income tax credit for | ||||||
10 | restoration of substantial amounts held under
claim of | ||||||
11 | right for the taxable year pursuant to Section 1341 of | ||||||
12 | the
Internal Revenue Code of 1986;
| ||||||
13 | (O) For taxable years 2001 and thereafter, for the | ||||||
14 | taxable year in
which the bonus depreciation deduction | ||||||
15 | (30% of the adjusted basis of the
qualified property) | ||||||
16 | is taken on the taxpayer's federal income tax return | ||||||
17 | under
subsection (k) of Section 168 of the Internal | ||||||
18 | Revenue Code and for each
applicable taxable year | ||||||
19 | thereafter, an amount equal to "x", where:
| ||||||
20 | (1) "y" equals the amount of the depreciation | ||||||
21 | deduction taken for the
taxable year
on the | ||||||
22 | taxpayer's federal income tax return on property | ||||||
23 | for which the bonus
depreciation deduction (30% of | ||||||
24 | the adjusted basis of the qualified property)
was | ||||||
25 | taken in any year under subsection (k) of Section | ||||||
26 | 168 of the Internal
Revenue Code, but not including | ||||||
27 | the bonus depreciation deduction; and
| ||||||
28 | (2) "x" equals "y" multiplied by 30 and then | ||||||
29 | divided by 70 (or "y"
multiplied by 0.429).
| ||||||
30 | The aggregate amount deducted under this | ||||||
31 | subparagraph in all taxable
years for any one piece of | ||||||
32 | property may not exceed the amount of the bonus
| ||||||
33 | depreciation deduction (30% of the adjusted basis of | ||||||
34 | the qualified property)
taken on that property on the | ||||||
35 | taxpayer's federal income tax return under
subsection | ||||||
36 | (k) of Section 168 of the Internal Revenue Code; and
|
| |||||||
| |||||||
1 | (P) If the taxpayer reports a capital gain or loss | ||||||
2 | on the taxpayer's
federal income tax return for the | ||||||
3 | taxable year based on a sale or transfer of
property | ||||||
4 | for which the taxpayer was required in any taxable year | ||||||
5 | to make an
addition modification under subparagraph | ||||||
6 | (D-5), then an amount equal to that
addition | ||||||
7 | modification.
| ||||||
8 | The taxpayer is allowed to take the deduction under | ||||||
9 | this subparagraph
only once with respect to any one | ||||||
10 | piece of property.
| ||||||
11 | (e) Gross income; adjusted gross income; taxable income.
| ||||||
12 | (1) In general. Subject to the provisions of paragraph | ||||||
13 | (2) and
subsection (b) (3), for purposes of this Section | ||||||
14 | and Section 803(e), a
taxpayer's gross income, adjusted | ||||||
15 | gross income, or taxable income for
the taxable year shall | ||||||
16 | mean the amount of gross income, adjusted gross
income or | ||||||
17 | taxable income properly reportable for federal income tax
| ||||||
18 | purposes for the taxable year under the provisions of the | ||||||
19 | Internal
Revenue Code. Taxable income may be less than | ||||||
20 | zero. However, for taxable
years ending on or after | ||||||
21 | December 31, 1986, net operating loss
carryforwards from | ||||||
22 | taxable years ending prior to December 31, 1986, may not
| ||||||
23 | exceed the sum of federal taxable income for the taxable | ||||||
24 | year before net
operating loss deduction, plus the excess | ||||||
25 | of addition modifications over
subtraction modifications | ||||||
26 | for the taxable year. For taxable years ending
prior to | ||||||
27 | December 31, 1986, taxable income may never be an amount in | ||||||
28 | excess
of the net operating loss for the taxable year as | ||||||
29 | defined in subsections
(c) and (d) of Section 172 of the | ||||||
30 | Internal Revenue Code, provided that when
taxable income of | ||||||
31 | a corporation (other than a Subchapter S corporation),
| ||||||
32 | trust, or estate is less than zero and addition | ||||||
33 | modifications, other than
those provided by subparagraph | ||||||
34 | (E) of paragraph (2) of subsection (b) for
corporations or | ||||||
35 | subparagraph (E) of paragraph (2) of subsection (c) for
|
| |||||||
| |||||||
1 | trusts and estates, exceed subtraction modifications, an | ||||||
2 | addition
modification must be made under those | ||||||
3 | subparagraphs for any other taxable
year to which the | ||||||
4 | taxable income less than zero (net operating loss) is
| ||||||
5 | applied under Section 172 of the Internal Revenue Code or | ||||||
6 | under
subparagraph (E) of paragraph (2) of this subsection | ||||||
7 | (e) applied in
conjunction with Section 172 of the Internal | ||||||
8 | Revenue Code.
| ||||||
9 | (2) Special rule. For purposes of paragraph (1) of this | ||||||
10 | subsection,
the taxable income properly reportable for | ||||||
11 | federal income tax purposes
shall mean:
| ||||||
12 | (A) Certain life insurance companies. In the case | ||||||
13 | of a life
insurance company subject to the tax imposed | ||||||
14 | by Section 801 of the
Internal Revenue Code, life | ||||||
15 | insurance company taxable income, plus the
amount of | ||||||
16 | distribution from pre-1984 policyholder surplus | ||||||
17 | accounts as
calculated under Section 815a of the | ||||||
18 | Internal Revenue Code;
| ||||||
19 | (B) Certain other insurance companies. In the case | ||||||
20 | of mutual
insurance companies subject to the tax | ||||||
21 | imposed by Section 831 of the
Internal Revenue Code, | ||||||
22 | insurance company taxable income;
| ||||||
23 | (C) Regulated investment companies. In the case of | ||||||
24 | a regulated
investment company subject to the tax | ||||||
25 | imposed by Section 852 of the
Internal Revenue Code, | ||||||
26 | investment company taxable income;
| ||||||
27 | (D) Real estate investment trusts. In the case of a | ||||||
28 | real estate
investment trust subject to the tax imposed | ||||||
29 | by Section 857 of the
Internal Revenue Code, real | ||||||
30 | estate investment trust taxable income;
| ||||||
31 | (E) Consolidated corporations. In the case of a | ||||||
32 | corporation which
is a member of an affiliated group of | ||||||
33 | corporations filing a consolidated
income tax return | ||||||
34 | for the taxable year for federal income tax purposes,
| ||||||
35 | taxable income determined as if such corporation had | ||||||
36 | filed a separate
return for federal income tax purposes |
| |||||||
| |||||||
1 | for the taxable year and each
preceding taxable year | ||||||
2 | for which it was a member of an affiliated group.
For | ||||||
3 | purposes of this subparagraph, the taxpayer's separate | ||||||
4 | taxable
income shall be determined as if the election | ||||||
5 | provided by Section
243(b) (2) of the Internal Revenue | ||||||
6 | Code had been in effect for all such years;
| ||||||
7 | (F) Cooperatives. In the case of a cooperative | ||||||
8 | corporation or
association, the taxable income of such | ||||||
9 | organization determined in
accordance with the | ||||||
10 | provisions of Section 1381 through 1388 of the
Internal | ||||||
11 | Revenue Code;
| ||||||
12 | (G) Subchapter S corporations. In the case of: (i) | ||||||
13 | a Subchapter S
corporation for which there is in effect | ||||||
14 | an election for the taxable year
under Section 1362 of | ||||||
15 | the Internal Revenue Code, the taxable income of such
| ||||||
16 | corporation determined in accordance with Section | ||||||
17 | 1363(b) of the Internal
Revenue Code, except that | ||||||
18 | taxable income shall take into
account those items | ||||||
19 | which are required by Section 1363(b)(1) of the
| ||||||
20 | Internal Revenue Code to be separately stated; and (ii) | ||||||
21 | a Subchapter
S corporation for which there is in effect | ||||||
22 | a federal election to opt out of
the provisions of the | ||||||
23 | Subchapter S Revision Act of 1982 and have applied
| ||||||
24 | instead the prior federal Subchapter S rules as in | ||||||
25 | effect on July 1, 1982,
the taxable income of such | ||||||
26 | corporation determined in accordance with the
federal | ||||||
27 | Subchapter S rules as in effect on July 1, 1982; and
| ||||||
28 | (H) Partnerships. In the case of a partnership, | ||||||
29 | taxable income
determined in accordance with Section | ||||||
30 | 703 of the Internal Revenue Code,
except that taxable | ||||||
31 | income shall take into account those items which are
| ||||||
32 | required by Section 703(a)(1) to be separately stated | ||||||
33 | but which would be
taken into account by an individual | ||||||
34 | in calculating his taxable income.
| ||||||
35 | (f) Valuation limitation amount.
|
| |||||||
| |||||||
1 | (1) In general. The valuation limitation amount | ||||||
2 | referred to in
subsections (a) (2) (G), (c) (2) (I) and | ||||||
3 | (d)(2) (E) is an amount equal to:
| ||||||
4 | (A) The sum of the pre-August 1, 1969 appreciation | ||||||
5 | amounts (to the
extent consisting of gain reportable | ||||||
6 | under the provisions of Section
1245 or 1250 of the | ||||||
7 | Internal Revenue Code) for all property in respect
of | ||||||
8 | which such gain was reported for the taxable year; plus
| ||||||
9 | (B) The lesser of (i) the sum of the pre-August 1, | ||||||
10 | 1969 appreciation
amounts (to the extent consisting of | ||||||
11 | capital gain) for all property in
respect of which such | ||||||
12 | gain was reported for federal income tax purposes
for | ||||||
13 | the taxable year, or (ii) the net capital gain for the | ||||||
14 | taxable year,
reduced in either case by any amount of | ||||||
15 | such gain included in the amount
determined under | ||||||
16 | subsection (a) (2) (F) or (c) (2) (H).
| ||||||
17 | (2) Pre-August 1, 1969 appreciation amount.
| ||||||
18 | (A) If the fair market value of property referred | ||||||
19 | to in paragraph
(1) was readily ascertainable on August | ||||||
20 | 1, 1969, the pre-August 1, 1969
appreciation amount for | ||||||
21 | such property is the lesser of (i) the excess of
such | ||||||
22 | fair market value over the taxpayer's basis (for | ||||||
23 | determining gain)
for such property on that date | ||||||
24 | (determined under the Internal Revenue
Code as in | ||||||
25 | effect on that date), or (ii) the total gain realized | ||||||
26 | and
reportable for federal income tax purposes in | ||||||
27 | respect of the sale,
exchange or other disposition of | ||||||
28 | such property.
| ||||||
29 | (B) If the fair market value of property referred | ||||||
30 | to in paragraph
(1) was not readily ascertainable on | ||||||
31 | August 1, 1969, the pre-August 1,
1969 appreciation | ||||||
32 | amount for such property is that amount which bears
the | ||||||
33 | same ratio to the total gain reported in respect of the | ||||||
34 | property for
federal income tax purposes for the | ||||||
35 | taxable year, as the number of full
calendar months in | ||||||
36 | that part of the taxpayer's holding period for the
|
| |||||||
| |||||||
1 | property ending July 31, 1969 bears to the number of | ||||||
2 | full calendar
months in the taxpayer's entire holding | ||||||
3 | period for the
property.
| ||||||
4 | (C) The Department shall prescribe such | ||||||
5 | regulations as may be
necessary to carry out the | ||||||
6 | purposes of this paragraph.
| ||||||
7 | (g) Double deductions. Unless specifically provided | ||||||
8 | otherwise, nothing
in this Section shall permit the same item | ||||||
9 | to be deducted more than once.
| ||||||
10 | (h) Legislative intention. Except as expressly provided by | ||||||
11 | this
Section there shall be no modifications or limitations on | ||||||
12 | the amounts
of income, gain, loss or deduction taken into | ||||||
13 | account in determining
gross income, adjusted gross income or | ||||||
14 | taxable income for federal income
tax purposes for the taxable | ||||||
15 | year, or in the amount of such items
entering into the | ||||||
16 | computation of base income and net income under this
Act for | ||||||
17 | such taxable year, whether in respect of property values as of
| ||||||
18 | August 1, 1969 or otherwise.
| ||||||
19 | (Source: P.A. 91-192, eff. 7-20-99; 91-205, eff. 7-20-99; | ||||||
20 | 91-357, eff.
7-29-99; 91-541, eff. 8-13-99; 91-676, eff. | ||||||
21 | 12-23-99; 91-845, eff. 6-22-00;
91-913, eff. 1-1-01; 92-16, | ||||||
22 | eff. 6-28-01; 92-244, eff. 8-3-01; 92-439, eff.
8-17-01; | ||||||
23 | 92-603, eff. 6-28-02; 92-626, eff. 7-11-02; 92-651, eff. | ||||||
24 | 7-11-02;
92-846, eff. 8-23-02; revised 10-15-03.)
| ||||||
25 | Section 50. 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, on | ||||||
29 | or before
the last day of each calendar month, every person | ||||||
30 | engaged in the
business of renting, leasing or letting rooms in | ||||||
31 | a hotel in this State
during the preceding calendar month shall | ||||||
32 | file a return with the
Department, stating:
|
| |||||||
| |||||||
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 renting,
| ||||||
6 | leasing or letting rooms in a hotel in this State;
| ||||||
7 | 3. Total amount of rental receipts received by him | ||||||
8 | during the
preceding calendar month from renting, leasing | ||||||
9 | or letting rooms during
such preceding calendar month;
| ||||||
10 | 4. Total amount of rental receipts received by him | ||||||
11 | during the
preceding calendar month from renting, leasing | ||||||
12 | or letting rooms to
permanent residents during such | ||||||
13 | preceding calendar month;
| ||||||
14 | 5. Total amount of other exclusions from gross rental | ||||||
15 | receipts
allowed by this Act;
| ||||||
16 | 6. Gross rental receipts which were received by him | ||||||
17 | during the
preceding calendar month and upon the basis of | ||||||
18 | which the tax is imposed;
| ||||||
19 | 7. The amount of tax due;
| ||||||
20 | 8. Such other reasonable information as the Department | ||||||
21 | may require.
| ||||||
22 | If the operator's average monthly tax liability to the | ||||||
23 | Department
does not exceed $200, the Department may authorize | ||||||
24 | his returns to be
filed on a quarter annual basis, with the | ||||||
25 | return for January, February
and March of a given year being | ||||||
26 | due by April 30 of such year; with the
return for April, May | ||||||
27 | and June of a given year being due by July 31 of
such year; with | ||||||
28 | the return for July, August and September of a given
year being | ||||||
29 | due by October 31 of such year, and with the return for
| ||||||
30 | October, November and December of a given year being due by | ||||||
31 | January 31
of the following year.
| ||||||
32 | If the operator's average monthly tax liability to the | ||||||
33 | Department
does not exceed $50, the Department may authorize | ||||||
34 | his returns to be
filed on an annual basis, with the return for | ||||||
35 | a given year being due by
January 31 of the following year.
| ||||||
36 | Such quarter annual and annual returns, as to form and |
| |||||||
| |||||||
1 | substance,
shall be subject to the same requirements as monthly | ||||||
2 | returns.
| ||||||
3 | Notwithstanding any other provision in this Act concerning | ||||||
4 | the time
within which an operator may file his return, in the | ||||||
5 | case of any
operator who ceases to engage in a kind of business | ||||||
6 | which makes him
responsible for filing returns under this Act, | ||||||
7 | such operator shall file
a final return under this Act with the | ||||||
8 | Department not more than 1 month
after discontinuing such | ||||||
9 | business.
| ||||||
10 | Where the same person has more than 1 business registered | ||||||
11 | with the
Department under separate registrations under this | ||||||
12 | Act, such person
shall not file each return that is due as a | ||||||
13 | single return covering all
such registered businesses, but | ||||||
14 | shall file separate returns for each
such registered business.
| ||||||
15 | In his return, the operator shall determine the value of | ||||||
16 | any
consideration other than money received by him in | ||||||
17 | connection with the
renting, leasing or letting of rooms in the | ||||||
18 | course of his business and
he shall include such value in his | ||||||
19 | return. Such determination shall be
subject to review and | ||||||
20 | revision by the Department in the manner
hereinafter provided | ||||||
21 | for the correction of returns.
| ||||||
22 | Where the operator is a corporation, the return filed on | ||||||
23 | behalf of
such corporation shall be signed by the president, | ||||||
24 | vice-president,
secretary or treasurer or by the properly | ||||||
25 | accredited agent of such
corporation.
| ||||||
26 | The person filing the return herein provided for shall, at | ||||||
27 | the time of
filing such return, pay to the Department the | ||||||
28 | amount of tax herein imposed.
The operator filing the return | ||||||
29 | under this Section shall, at the time of
filing such return, | ||||||
30 | pay to the Department the amount of tax imposed by this
Act | ||||||
31 | less a discount of 2.1% or $25 per calendar year, whichever is | ||||||
32 | greater,
which is allowed to reimburse the operator for the | ||||||
33 | expenses incurred in
keeping records, preparing and filing | ||||||
34 | returns, remitting the tax and
supplying data to the Department | ||||||
35 | on request.
| ||||||
36 | There shall be deposited in the Build Illinois Fund in the |
| |||||||
| |||||||
1 | State
Treasury for each State fiscal year 40% of the amount of | ||||||
2 | total
net proceeds from the tax imposed by subsection (a) of | ||||||
3 | Section 3.
Of the remaining 60%, $5,000,000 shall be deposited | ||||||
4 | in the Illinois
Sports Facilities Fund and credited to the | ||||||
5 | Subsidy Account each fiscal
year by making monthly deposits in | ||||||
6 | the amount of 1/8 of $5,000,000 plus
cumulative deficiencies in | ||||||
7 | such deposits for prior months, and an
additional $8,000,000 | ||||||
8 | shall be deposited in the Illinois Sports Facilities
Fund and | ||||||
9 | credited to the Advance Account each fiscal year by making | ||||||
10 | monthly
deposits in the amount of 1/8 of $8,000,000 plus any | ||||||
11 | cumulative deficiencies
in such deposits for prior months; | ||||||
12 | provided, that for fiscal years ending
after June 30, 2001, the | ||||||
13 | amount to be so deposited into the Illinois
Sports Facilities | ||||||
14 | Fund and credited to the Advance Account each fiscal year
shall | ||||||
15 | be increased from $8,000,000 to the then applicable Advance | ||||||
16 | Amount and
the required monthly deposits beginning with July | ||||||
17 | 2001 shall be in the amount
of 1/8 of the then applicable | ||||||
18 | Advance Amount plus any cumulative deficiencies
in those | ||||||
19 | deposits for prior months. (The deposits of the additional | ||||||
20 | $8,000,000
or the then applicable Advance Amount, as | ||||||
21 | applicable,
during each fiscal year shall be treated as | ||||||
22 | advances
of funds to the Illinois Sports Facilities Authority | ||||||
23 | for its corporate
purposes to the extent paid to the Authority | ||||||
24 | or its trustee and shall be
repaid into the General Revenue | ||||||
25 | Fund in the State Treasury by the State
Treasurer on behalf of | ||||||
26 | the Authority pursuant to Section 19 of the Illinois
Sports | ||||||
27 | Facilities Authority Act, as amended. If in any fiscal year the | ||||||
28 | full
amount of the then applicable Advance Amount
is not repaid | ||||||
29 | into the General Revenue Fund, then the deficiency shall be | ||||||
30 | paid
from the amount in the Local Government Distributive Fund | ||||||
31 | that would otherwise
be allocated to the City of Chicago under | ||||||
32 | the State Revenue Sharing Act.)
| ||||||
33 | For purposes of the foregoing paragraph, the term "Advance | ||||||
34 | Amount"
means, for fiscal year 2002, $22,179,000, and for | ||||||
35 | subsequent fiscal years
through fiscal year 2032, 105.615% of | ||||||
36 | the Advance Amount for the immediately
preceding fiscal year, |
| |||||||
| |||||||
1 | rounded up to the nearest $1,000.
| ||||||
2 | Of the remaining 60% of the amount of total net proceeds | ||||||
3 | from the tax
imposed by subsection (a) of Section 3 after all | ||||||
4 | required deposits in the
Illinois Sports Facilities Fund, the | ||||||
5 | amount equal to 8% of the net revenue
realized from the Hotel | ||||||
6 | Operators' Occupation Tax Act plus an amount equal to
8% of the | ||||||
7 | net revenue realized from any tax imposed under Section 4.05 of | ||||||
8 | the
Chicago World's Fair-1992 Authority Act during the | ||||||
9 | preceding month shall be
deposited in the Local Tourism Fund | ||||||
10 | each month for purposes authorized by
Section 605-705 of the | ||||||
11 | Department of Commerce and Economic Opportunity
Community | ||||||
12 | Affairs Law (20 ILCS 605/605-705) in the Local Tourism Fund ,
| ||||||
13 | and beginning August 1, 1999, the amount equal to 4.5% of the | ||||||
14 | net revenue
realized from the Hotel Operators' Occupation Tax | ||||||
15 | Act during the preceding
month shall be deposited into the | ||||||
16 | International Tourism Fund for the purposes
authorized in | ||||||
17 | Section 605-707
605-725 of the Department of Commerce
and | ||||||
18 | Economic Opportunity
Community Affairs Law. "Net
revenue | ||||||
19 | realized for a month" means the revenue collected by the State | ||||||
20 | under
that Act during the previous month less the amount paid | ||||||
21 | out during that same
month as refunds to taxpayers for | ||||||
22 | overpayment of liability under that Act.
| ||||||
23 | After making all these deposits, all other proceeds of the | ||||||
24 | tax imposed under
subsection (a) of Section 3 shall be | ||||||
25 | deposited in the General Revenue Fund in
the State Treasury. | ||||||
26 | All moneys received by the Department from the additional
tax | ||||||
27 | imposed under subsection (b) of Section 3 shall be deposited | ||||||
28 | into the Build
Illinois Fund in the State Treasury.
| ||||||
29 | The Department may, upon separate written notice to a | ||||||
30 | taxpayer, require
the taxpayer to prepare and file with the | ||||||
31 | Department on a form prescribed
by the Department within not | ||||||
32 | less than 60 days after receipt of the notice
an annual | ||||||
33 | information return for the tax year specified in the notice.
| ||||||
34 | Such annual return to the Department shall include a statement | ||||||
35 | of gross
receipts as shown by the operator's last State income | ||||||
36 | tax return. If the
total receipts of the business as reported |
| |||||||
| |||||||
1 | in the State income tax return
do not agree with the gross | ||||||
2 | receipts reported to the Department for the
same period, the | ||||||
3 | operator shall attach to his annual information return a
| ||||||
4 | schedule showing a reconciliation of the 2 amounts and the | ||||||
5 | reasons for the
difference. The operator's annual information | ||||||
6 | return to the Department
shall also disclose pay roll | ||||||
7 | information of the operator's business during
the year covered | ||||||
8 | by such return and any additional reasonable information
which | ||||||
9 | the Department deems would be helpful in determining the | ||||||
10 | accuracy of
the monthly, quarterly or annual tax returns by | ||||||
11 | such operator as
hereinbefore provided for in this Section.
| ||||||
12 | If the annual information return required by this Section | ||||||
13 | is not filed
when and as required the taxpayer shall be liable | ||||||
14 | for a penalty in an
amount determined in accordance with | ||||||
15 | Section 3-4 of the Uniform Penalty and
Interest Act until such | ||||||
16 | return is filed as required, the penalty to be
assessed and | ||||||
17 | collected in the same manner as any other penalty provided
for | ||||||
18 | in this Act.
| ||||||
19 | The chief executive officer, proprietor, owner or highest | ||||||
20 | ranking manager
shall sign the annual return to certify the | ||||||
21 | accuracy of the information
contained therein. Any person who | ||||||
22 | willfully signs the annual return containing
false or | ||||||
23 | inaccurate information shall be guilty of perjury and punished
| ||||||
24 | accordingly. The annual return form prescribed by the | ||||||
25 | Department shall
include a warning that the person signing the | ||||||
26 | return may be liable for perjury.
| ||||||
27 | The foregoing portion of this Section concerning the filing | ||||||
28 | of an annual
information return shall not apply to an operator | ||||||
29 | who is not required to
file an income tax return with the | ||||||
30 | United States Government.
| ||||||
31 | (Source: P.A. 92-16, eff. 6-28-01; 92-600, eff. 6-28-02; | ||||||
32 | revised 10-15-03.)
| ||||||
33 | (35 ILCS 200/18-101.47 rep.)
| ||||||
34 | Section 52. The Property Tax Code is amended by repealing | ||||||
35 | Section 18-101.47 as added by Public Acts 92-855
and 92-884. |
| |||||||
| |||||||
1 | Section 55. The Illinois Pension Code is amended by | ||||||
2 | changing the headings of Articles 9 and 13 as follows: | ||||||
3 | (40 ILCS 5/Art. 9 heading) | ||||||
4 | ARTICLE 9. COUNTY EMPLOYEES' AND OFFICERS'
| ||||||
5 | ANNUITY AND BENEFIT FUND - COUNTIES OVER
| ||||||
6 | 3,000,000
500,000 INHABITANTS
| ||||||
7 | (40 ILCS 5/Art. 13 heading) | ||||||
8 | ARTICLE 13. METROPOLITAN WATER RECLAMATION
| ||||||
9 | DISTRICT RETIREMENT FUND
SANITARY DISTRICT
| ||||||
10 | EMPLOYEE'S AND TRUSTEES' ANNUITY AND BENEFIT FUND
| ||||||
11 | Section 60. The Special Assessment Supplemental Bond and | ||||||
12 | Procedures Act is amended by changing Section 55 as follows:
| ||||||
13 | (50 ILCS 460/55)
| ||||||
14 | Sec. 55. County clerk may collect. Pursuant to the Illinois | ||||||
15 | constitutional and statutory provisions
relating to | ||||||
16 | intergovernmental cooperation, the county clerk of
any county | ||||||
17 | in which property subject to a special assessment is
located | ||||||
18 | may, but shall not be required to, agree to mail bills
for a | ||||||
19 | special assessment with the regular tax bills of the
county, or | ||||||
20 | otherwise as may be provided by a special assessment
law. If | ||||||
21 | the clerk agrees to mail such bills with the regular tax
bills, | ||||||
22 | then the annual amount due as of January 2 shall become
due | ||||||
23 | instead in even installments with each tax bill made during
the | ||||||
24 | year in which such January 2 date occurs, thus deferring to
| ||||||
25 | later date in the year the obligation to pay the assessments.
| ||||||
26 | If In the event that the county clerk does not agree to | ||||||
27 | mail
the such bills, or if in the event that the municipality | ||||||
28 | declines
to request the county clerk to
mail
the said bills,
| ||||||
29 | the
municipality still may bill the annual amount due, as of | ||||||
30 | January 2 2nd ,
in
2
even
installments to become due on or about | ||||||
31 | the due dates date for the real
estate tax bills issued
by
the |
| |||||||
| |||||||
1 | county clerk during the year in which the January 2 2nd date | ||||||
2 | occurs,
thus thereby deferring to later dates in said year
the
| ||||||
3 | obligation to pay the assessment installment to later dates in | ||||||
4 | that year.
| ||||||
5 | If
In the event that the county clerk agrees to mail the
| ||||||
6 | such bills on behalf of a
municipality, the county may charge a | ||||||
7 | fee for such services to be paid from the
special assessment. | ||||||
8 | The
Such fee shall be considered as a cost of
making, levying,
| ||||||
9 | and collecting the assessment provided for in Section 9-2-139 | ||||||
10 | of the Illinois
Municipal Code.
| ||||||
11 | (Source: P.A. 93-196, eff. 7-14-03; 93-222, eff. 1-1-04; | ||||||
12 | revised 9-11-03.)
| ||||||
13 | Section 65. The School Code is amended by changing Section | ||||||
14 | 10-20.21a as follows: | ||||||
15 | (105 ILCS 5/10-20.21a)
| ||||||
16 | (Text of Section before amendment by P.A. 93-644 )
| ||||||
17 | Sec. 10-20.21a. Contracts for charter bus services. To | ||||||
18 | award
contracts for providing charter bus services for the sole | ||||||
19 | purpose of
transporting students regularly enrolled in grade 12 | ||||||
20 | or below to or
from interscholastic athletic or interscholastic | ||||||
21 | or school sponsored
activities.
| ||||||
22 | All contracts for providing charter bus services for the | ||||||
23 | sole
purpose of transporting students regularly enrolled in | ||||||
24 | grade 12 or
below to or from interscholastic athletic or | ||||||
25 | interscholastic or school
sponsored activities must contain | ||||||
26 | clause (A) as
set forth below, except that a contract with an | ||||||
27 | out-of-state company may
contain
clause (B), as set forth | ||||||
28 | below, or clause (A). The clause must be set
forth in the body | ||||||
29 | of the
contract in typeface of at least 12 points and all upper | ||||||
30 | case letters:
| ||||||
31 | (A) "ALL OF THE CHARTER BUS DRIVERS WHO WILL BE PROVIDING
| ||||||
32 | SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE BEFORE ANY | ||||||
33 | SERVICES ARE
PROVIDED:
| ||||||
34 | (1) SUBMITTED THEIR FINGERPRINTS TO A STATE POLICE
|
| |||||||
| |||||||
1 | AGENCY AND THE FEDERAL BUREAU OF INVESTIGATION FOR A | ||||||
2 | CRIMINAL
BACKGROUND CHECK, RESULTING IN A DETERMINATION | ||||||
3 | THAT THEY HAVE NOT
BEEN CONVICTED OF COMMITTING ANY OF THE | ||||||
4 | OFFENSES SET FORTH IN
SUBDIVISION (C-1)(4) OF SECTION 6-508 | ||||||
5 | OF THE ILLINOIS VEHICLE
CODE; AND
| ||||||
6 | (2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE
SCHOOL | ||||||
7 | BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION,
| ||||||
8 | INCLUDING TESTS FOR DRUG USE, TO A STATE REGULATORY | ||||||
9 | AGENCY."
| ||||||
10 | (B) "NOT ALL OF THE CHARTER BUS DRIVERS WHO WILL BE | ||||||
11 | PROVIDING
SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE | ||||||
12 | BEFORE ANY SERVICES ARE
PROVIDED:
| ||||||
13 | (1) SUBMITTED THEIR FINGERPRINTS TO A STATE POLICE
| ||||||
14 | AGENCY AND THE FEDERAL BUREAU OF INVESTIGATION FOR A | ||||||
15 | CRIMINAL
BACKGROUND CHECK, RESULTING IN A DETERMINATION | ||||||
16 | THAT THEY HAVE NOT
BEEN CONVICTED OF COMMITTING ANY OF THE | ||||||
17 | OFFENSES SET FORTH IN
SUBDIVISION (C-1)(4) OF SECTION 6-508 | ||||||
18 | OF THE ILLINOIS VEHICLE CODE;
AND
| ||||||
19 | (2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE
SCHOOL | ||||||
20 | BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION,
| ||||||
21 | INCLUDING TESTS FOR DRUG USE, TO A STATE REGULATORY | ||||||
22 | AGENCY."
| ||||||
23 | (Source: P.A. 93-476, eff. 1-1-04.)
| ||||||
24 | (Text of Section after amendment by P.A. 93-644 ) | ||||||
25 | Sec. 10-20.21a. Contracts for charter bus services. To | ||||||
26 | award
contracts for providing charter bus services for the sole | ||||||
27 | purpose of
transporting students regularly enrolled in grade 12 | ||||||
28 | or below to or
from interscholastic athletic or interscholastic | ||||||
29 | or school sponsored
activities.
| ||||||
30 | All contracts for providing charter bus services for the | ||||||
31 | sole
purpose of transporting students regularly enrolled in | ||||||
32 | grade 12 or
below to or from interscholastic athletic or | ||||||
33 | interscholastic or school
sponsored activities must contain | ||||||
34 | clause (A) as
set forth below, except that a contract with an | ||||||
35 | out-of-state company may
contain
clause (B), as set forth |
| |||||||
| |||||||
1 | below, or clause (A). The clause must be set
forth in the body | ||||||
2 | of the
contract in typeface of at least 12 points and all upper | ||||||
3 | case letters:
| ||||||
4 | (A) "ALL OF THE CHARTER BUS DRIVERS WHO WILL BE PROVIDING
| ||||||
5 | SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE BEFORE ANY | ||||||
6 | SERVICES ARE
PROVIDED:
| ||||||
7 | (1) SUBMITTED THEIR FINGERPRINTS TO THE DEPARTMENT OF | ||||||
8 | STATE POLICE IN
THE FORM
AND MANNER PRESCRIBED BY THE | ||||||
9 | DEPARTMENT OF STATE
POLICE. THESE FINGERPRINTS SHALL BE | ||||||
10 | CHECKED AGAINST THE FINGERPRINT RECORDS
NOW AND HEREAFTER | ||||||
11 | FILED IN THE DEPARTMENT OF STATE
POLICE AND FEDERAL BUREAU | ||||||
12 | OF INVESTIGATION CRIMINAL HISTORY RECORDS
DATABASES. THE | ||||||
13 | FINGERPRINT CHECK HAS RESULTED A STATE POLICE
AGENCY AND | ||||||
14 | THE FEDERAL BUREAU OF INVESTIGATION FOR A CRIMINAL
| ||||||
15 | BACKGROUND CHECK, RESULTING IN A DETERMINATION
THAT THEY | ||||||
16 | HAVE NOT
BEEN CONVICTED OF COMMITTING ANY OF THE OFFENSES | ||||||
17 | SET FORTH IN
SUBDIVISION (C-1)(4) OF SECTION 6-508 OF THE | ||||||
18 | ILLINOIS VEHICLE
CODE; AND
| ||||||
19 | (2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE
SCHOOL | ||||||
20 | BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION,
| ||||||
21 | INCLUDING TESTS FOR DRUG USE, TO A STATE REGULATORY | ||||||
22 | AGENCY."
| ||||||
23 | (B) "NOT ALL OF THE CHARTER BUS DRIVERS WHO WILL BE | ||||||
24 | PROVIDING
SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE | ||||||
25 | BEFORE ANY SERVICES ARE
PROVIDED:
| ||||||
26 | (1) SUBMITTED THEIR FINGERPRINTS TO THE DEPARTMENT OF | ||||||
27 | STATE POLICE IN
THE FORM
AND MANNER PRESCRIBED BY THE | ||||||
28 | DEPARTMENT OF STATE
POLICE. THESE FINGERPRINTS SHALL BE | ||||||
29 | CHECKED AGAINST THE FINGERPRINT RECORDS
NOW AND HEREAFTER | ||||||
30 | FILED IN THE DEPARTMENT OF STATE
POLICE AND FEDERAL BUREAU | ||||||
31 | OF INVESTIGATION CRIMINAL HISTORY RECORDS
DATABASES. THE | ||||||
32 | FINGERPRINT CHECK HAS RESULTED A STATE POLICE
AGENCY AND | ||||||
33 | THE FEDERAL BUREAU OF INVESTIGATION FOR A CRIMINAL
| ||||||
34 | BACKGROUND CHECK, RESULTING IN A DETERMINATION
THAT THEY | ||||||
35 | HAVE NOT
BEEN CONVICTED OF COMMITTING ANY OF THE OFFENSES | ||||||
36 | SET FORTH IN
SUBDIVISION (C-1)(4) OF SECTION 6-508 OF THE |
| |||||||
| |||||||
1 | ILLINOIS VEHICLE CODE;
AND
| ||||||
2 | (2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE
SCHOOL | ||||||
3 | BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION,
| ||||||
4 | INCLUDING TESTS FOR DRUG USE, TO A STATE REGULATORY | ||||||
5 | AGENCY."
| ||||||
6 | (Source: P.A. 93-476, eff. 1-1-04; 93-644, eff. 6-1-04; revised | ||||||
7 | 1-13-04.) | ||||||
8 | Section 70. The Riverboat Gambling Act is amended by | ||||||
9 | changing Sections 4, 7, 12, and 13 as follows:
| ||||||
10 | (230 ILCS 10/4) (from Ch. 120, par. 2404)
| ||||||
11 | Sec. 4. Definitions. As used in this Act:
| ||||||
12 | (a) "Board" means the Illinois Gaming Board.
| ||||||
13 | (b) "Occupational license" means a license issued by the | ||||||
14 | Board to a
person or entity to perform an occupation which the | ||||||
15 | Board has identified as
requiring a license to engage in | ||||||
16 | riverboat gambling in Illinois.
| ||||||
17 | (c) "Gambling game" includes, but is not limited to, | ||||||
18 | baccarat,
twenty-one, poker, craps, slot machine, video game of | ||||||
19 | chance, roulette
wheel, klondike table, punchboard, faro | ||||||
20 | layout, keno layout, numbers
ticket, push card, jar ticket, or | ||||||
21 | pull tab which is authorized by the Board
as a wagering device | ||||||
22 | under this Act.
| ||||||
23 | (d) "Riverboat" means a self-propelled excursion boat, a
| ||||||
24 | permanently moored barge, or permanently moored barges that are | ||||||
25 | permanently
fixed together to operate as one vessel, on which | ||||||
26 | lawful gambling is
authorized and licensed as
provided in this | ||||||
27 | Act.
| ||||||
28 | (e) "Managers license" means a license issued by the Board | ||||||
29 | to a person or
entity
to manage gambling operations conducted | ||||||
30 | by the State pursuant to Section 7.3
7.2 .
| ||||||
31 | (f) "Dock" means the location where a riverboat moors for | ||||||
32 | the purpose of
embarking passengers for and disembarking | ||||||
33 | passengers from the riverboat.
| ||||||
34 | (g) "Gross receipts" means the total amount of money |
| |||||||
| |||||||
1 | exchanged for the
purchase of chips, tokens or electronic cards | ||||||
2 | by riverboat patrons.
| ||||||
3 | (h) "Adjusted gross receipts" means the gross receipts less
| ||||||
4 | winnings paid to wagerers.
| ||||||
5 | (i) "Cheat" means to alter the selection of criteria which | ||||||
6 | determine the
result of a gambling game or the amount or | ||||||
7 | frequency of payment in a gambling
game.
| ||||||
8 | (j) "Department" means the Department of Revenue.
| ||||||
9 | (k) "Gambling operation" means the conduct of authorized | ||||||
10 | gambling games
upon a riverboat.
| ||||||
11 | (l) "License bid" means the lump sum amount of money that | ||||||
12 | an applicant
bids and agrees to pay the State in return for an | ||||||
13 | owners license that is
re-issued on or after July 1, 2003.
| ||||||
14 | (m) The terms "minority person" and "female" shall have the | ||||||
15 | same meaning
as
defined in
Section 2 of the Business Enterprise | ||||||
16 | for Minorities, Females, and Persons with
Disabilities Act.
| ||||||
17 | (Source: P.A. 92-600, eff. 6-28-02; 93-28, eff. 6-20-03; | ||||||
18 | revisory 1-28-04.)
| ||||||
19 | (230 ILCS 10/7) (from Ch. 120, par. 2407)
| ||||||
20 | Sec. 7. Owners Licenses.
| ||||||
21 | (a) The Board shall issue owners licenses to persons, firms | ||||||
22 | or
corporations which apply for such licenses upon payment to | ||||||
23 | the Board of the
non-refundable license fee set by the Board, | ||||||
24 | upon payment of a $25,000
license fee for the first year of | ||||||
25 | operation and a $5,000 license fee for
each succeeding year and | ||||||
26 | upon a determination by the Board that the
applicant is | ||||||
27 | eligible for an owners license pursuant to this Act and the
| ||||||
28 | rules of the Board. A person, firm or corporation is ineligible | ||||||
29 | to receive
an owners license if:
| ||||||
30 | (1) the person has been convicted of a felony under the | ||||||
31 | laws of this
State, any other state, or the United States;
| ||||||
32 | (2) the person has been convicted of any violation of | ||||||
33 | Article 28 of the
Criminal Code of 1961, or substantially | ||||||
34 | similar laws of any other jurisdiction;
| ||||||
35 | (3) the person has submitted an application for a |
| |||||||
| |||||||
1 | license under this
Act which contains false information;
| ||||||
2 | (4) the person is
a member of the Board;
| ||||||
3 | (5) a person defined in (1), (2), (3) or (4) is an | ||||||
4 | officer, director or
managerial employee of the firm or | ||||||
5 | corporation;
| ||||||
6 | (6) the firm or corporation employs a person defined in | ||||||
7 | (1), (2), (3) or
(4) who participates in the management or | ||||||
8 | operation of gambling operations
authorized under this | ||||||
9 | Act;
| ||||||
10 | (7) (blank); or
| ||||||
11 | (8) a license of the person, firm or corporation issued | ||||||
12 | under
this Act, or a license to own or operate gambling | ||||||
13 | facilities
in any other jurisdiction, has been revoked.
| ||||||
14 | (b) In determining whether to grant an owners license to an | ||||||
15 | applicant, the
Board shall consider:
| ||||||
16 | (1) the character, reputation, experience and | ||||||
17 | financial integrity of the
applicants and of any other or | ||||||
18 | separate person that either:
| ||||||
19 | (A) controls, directly or indirectly, such | ||||||
20 | applicant, or
| ||||||
21 | (B) is controlled, directly or indirectly, by such | ||||||
22 | applicant or by a
person which controls, directly or | ||||||
23 | indirectly, such applicant;
| ||||||
24 | (2) the facilities or proposed facilities for the | ||||||
25 | conduct of riverboat
gambling;
| ||||||
26 | (3) the highest prospective total revenue to be derived | ||||||
27 | by the State
from the conduct of riverboat gambling;
| ||||||
28 | (4) the extent to which the ownership of the applicant | ||||||
29 | reflects the
diversity of the State by including minority | ||||||
30 | persons and females
and the good faith affirmative action | ||||||
31 | plan of
each applicant to recruit, train and upgrade | ||||||
32 | minority persons and females in all employment | ||||||
33 | classifications;
| ||||||
34 | (5) the financial ability of the applicant to purchase | ||||||
35 | and maintain
adequate liability and casualty insurance;
| ||||||
36 | (6) whether the applicant has adequate capitalization |
| |||||||
| |||||||
1 | to provide and
maintain, for the duration of a license, a | ||||||
2 | riverboat;
| ||||||
3 | (7) the extent to which the applicant exceeds or meets | ||||||
4 | other standards
for the issuance of an owners license which | ||||||
5 | the Board may adopt by rule;
and
| ||||||
6 | (8) The amount of the applicant's license bid.
| ||||||
7 | (c) Each owners license shall specify the place where | ||||||
8 | riverboats shall
operate and dock.
| ||||||
9 | (d) Each applicant shall submit with his application, on | ||||||
10 | forms
provided by the Board, 2 sets of his fingerprints.
| ||||||
11 | (e) The Board may issue up to 10 licenses authorizing the | ||||||
12 | holders of such
licenses to own riverboats. In the application | ||||||
13 | for an owners license, the
applicant shall state the dock at | ||||||
14 | which the riverboat is based and the water
on which the | ||||||
15 | riverboat will be located. The Board shall issue 5 licenses to
| ||||||
16 | become effective not earlier than January 1, 1991. Three of | ||||||
17 | such licenses
shall authorize riverboat gambling on the | ||||||
18 | Mississippi River, or, with approval
by the municipality in | ||||||
19 | which the
riverboat is docked on August 7, 2003,
the effective | ||||||
20 | date of this amendatory Act of the 93rd
Assembly,
in a
| ||||||
21 | municipality that (1) borders on the Mississippi River or is | ||||||
22 | within 5
miles of the city limits of a municipality that | ||||||
23 | borders on the Mississippi
River and (2), on August 7, 2003,
| ||||||
24 | the effective date of this amendatory Act of the 93rd General
| ||||||
25 | Assembly, has a riverboat conducting riverboat gambling | ||||||
26 | operations pursuant to
a license issued under this Act; , one of | ||||||
27 | which shall authorize riverboat
gambling from a home dock in | ||||||
28 | the city of East St. Louis. One other license
shall
authorize | ||||||
29 | riverboat gambling on
the Illinois River south of Marshall | ||||||
30 | County. The Board shall issue one
additional license to become | ||||||
31 | effective not earlier than March 1, 1992, which
shall authorize | ||||||
32 | riverboat gambling on the Des Plaines River in Will County.
The | ||||||
33 | Board may issue 4 additional licenses to become effective not
| ||||||
34 | earlier than
March 1, 1992. In determining the water upon which | ||||||
35 | riverboats will operate,
the Board shall consider the economic | ||||||
36 | benefit which riverboat gambling confers
on the State, and |
| |||||||
| |||||||
1 | shall seek to assure that all regions of the State share
in the | ||||||
2 | economic benefits of riverboat gambling.
| ||||||
3 | In granting all licenses, the Board may give favorable | ||||||
4 | consideration to
economically depressed areas of the State, to | ||||||
5 | applicants presenting plans
which provide for significant | ||||||
6 | economic development over a large geographic
area, and to | ||||||
7 | applicants who currently operate non-gambling riverboats in
| ||||||
8 | Illinois.
The Board shall review all applications for owners | ||||||
9 | licenses,
and shall inform each applicant of the Board's | ||||||
10 | decision.
The Board may grant an owners license to an
applicant | ||||||
11 | that has not submitted the highest license bid, but if it does | ||||||
12 | not
select the highest bidder, the Board shall issue a written | ||||||
13 | decision explaining
why another
applicant was selected and | ||||||
14 | identifying the factors set forth in this Section
that favored | ||||||
15 | the winning bidder.
| ||||||
16 | In addition to any other revocation powers granted to the | ||||||
17 | Board under this
Act,
the Board may revoke the owners license | ||||||
18 | of a licensee which fails
to begin conducting gambling within | ||||||
19 | 15 months
of receipt of the
Board's approval of the application | ||||||
20 | if the Board determines that license
revocation is in the best | ||||||
21 | interests of the State.
| ||||||
22 | (f) The first 10 owners licenses issued under this Act | ||||||
23 | shall permit the
holder to own up to 2 riverboats and equipment | ||||||
24 | thereon
for a period of 3 years after the effective date of the | ||||||
25 | license. Holders of
the first 10 owners licenses must pay the | ||||||
26 | annual license fee for each of
the 3
years during which they | ||||||
27 | are authorized to own riverboats.
| ||||||
28 | (g) Upon the termination, expiration, or revocation of each | ||||||
29 | of the first
10 licenses, which shall be issued for a 3 year | ||||||
30 | period, all licenses are
renewable annually upon payment of the | ||||||
31 | fee and a determination by the Board
that the licensee | ||||||
32 | continues to meet all of the requirements of this Act and the
| ||||||
33 | Board's rules.
However, for licenses renewed on or after May 1, | ||||||
34 | 1998, renewal shall be
for a period of 4 years, unless the | ||||||
35 | Board sets a shorter period.
| ||||||
36 | (h) An owners license shall entitle the licensee to own up |
| |||||||
| |||||||
1 | to 2
riverboats. A licensee shall limit the number of gambling | ||||||
2 | participants to
1,200 for any such owners license.
A licensee | ||||||
3 | may operate both of its riverboats concurrently, provided that | ||||||
4 | the
total number of gambling participants on both riverboats | ||||||
5 | does not exceed
1,200. Riverboats licensed to operate on the
| ||||||
6 | Mississippi River and the Illinois River south of Marshall | ||||||
7 | County shall
have an authorized capacity of at least 500 | ||||||
8 | persons. Any other riverboat
licensed under this Act shall have | ||||||
9 | an authorized capacity of at least 400
persons.
| ||||||
10 | (i) A licensed owner is authorized to apply to the Board | ||||||
11 | for and, if
approved therefor, to receive all licenses from the | ||||||
12 | Board necessary for the
operation of a riverboat, including a | ||||||
13 | liquor license, a license
to prepare and serve food for human | ||||||
14 | consumption, and other necessary
licenses. All use, occupation | ||||||
15 | and excise taxes which apply to the sale of
food and beverages | ||||||
16 | in this State and all taxes imposed on the sale or use
of | ||||||
17 | tangible personal property apply to such sales aboard the | ||||||
18 | riverboat.
| ||||||
19 | (j) The Board may issue or re-issue a license authorizing a | ||||||
20 | riverboat to
dock
in a municipality or approve a relocation | ||||||
21 | under Section 11.2 only if, prior
to the issuance or | ||||||
22 | re-issuance of
the license or approval, the governing body of | ||||||
23 | the municipality in which
the riverboat will dock has by a | ||||||
24 | majority vote approved the docking of
riverboats in the | ||||||
25 | municipality. The Board may issue or re-issue a license
| ||||||
26 | authorizing a
riverboat to dock in areas of a county outside | ||||||
27 | any municipality or approve a
relocation under Section 11.2 | ||||||
28 | only if, prior to the issuance or re-issuance
of the license
or | ||||||
29 | approval, the
governing body of the county has by a majority | ||||||
30 | vote approved of the docking of
riverboats within such areas.
| ||||||
31 | (Source: P.A. 92-600, eff. 6-28-02; 93-28, eff. 6-20-03; | ||||||
32 | 93-453, eff. 8-7-03;
revised 1-27-04.)
| ||||||
33 | (230 ILCS 10/12) (from Ch. 120, par. 2412)
| ||||||
34 | Sec. 12. Admission tax; fees.
| ||||||
35 | (a) A tax is hereby imposed upon admissions to riverboats |
| |||||||
| |||||||
1 | operated by
licensed owners authorized pursuant to this Act. | ||||||
2 | Until July 1, 2002, the
rate is $2 per person admitted. From | ||||||
3 | July 1, 2002 and until
July 1, 2003, the rate is $3 per person | ||||||
4 | admitted.
Beginning July 1, 2003, for a licensee that admitted | ||||||
5 | 1,000,000 persons or
fewer in the previous calendar year, the | ||||||
6 | rate is $3 per person admitted; for a
licensee that admitted | ||||||
7 | more than 1,000,000 but no more than 2,300,000 persons
in the | ||||||
8 | previous calendar year, the rate is $4 per person admitted; and | ||||||
9 | for
a licensee that admitted more than 2,300,000 persons in the | ||||||
10 | previous calendar
year, the rate is $5 per person admitted.
| ||||||
11 | Beginning July 1, 2003, for a licensee that admitted 2,300,000 | ||||||
12 | persons or
fewer in the previous calendar year, the rate is $4 | ||||||
13 | per person admitted and for
a licensee that admitted more than | ||||||
14 | 2,300,000 persons in the previous calendar
year, the rate is $5 | ||||||
15 | per person admitted.
This admission tax is imposed upon the
| ||||||
16 | licensed owner conducting gambling.
| ||||||
17 | (1) The admission tax shall be paid for each admission.
| ||||||
18 | (2) (Blank).
| ||||||
19 | (3) The riverboat licensee may issue tax-free passes to
| ||||||
20 | actual and necessary officials and employees of the | ||||||
21 | licensee or other
persons actually working on the | ||||||
22 | riverboat.
| ||||||
23 | (4) The number and issuance of tax-free passes is | ||||||
24 | subject to the rules
of the Board, and a list of all | ||||||
25 | persons to whom the tax-free passes are
issued shall be | ||||||
26 | filed with the Board.
| ||||||
27 | (a-5) A fee is hereby imposed upon admissions operated by | ||||||
28 | licensed
managers on behalf of the State pursuant to Section | ||||||
29 | 7.3 at the rates provided
in
this subsection (a-5). For a | ||||||
30 | licensee that
admitted 1,000,000 persons or fewer in the | ||||||
31 | previous calendar year, the rate is
$3 per person admitted; for | ||||||
32 | a licensee that admitted more than 1,000,000 but no
more than | ||||||
33 | 2,300,000 persons
in the previous calendar year, the rate is $4 | ||||||
34 | per person admitted; and for
a licensee that admitted more than | ||||||
35 | 2,300,000 persons in the previous calendar
year, the rate is $5 | ||||||
36 | per person admitted.
|
| |||||||
| |||||||
1 | (1) The admission fee shall be paid for each admission.
| ||||||
2 | (2) (Blank).
| ||||||
3 | (3) The licensed manager may issue fee-free passes to | ||||||
4 | actual and necessary
officials and employees of the manager | ||||||
5 | or other persons actually working on the
riverboat.
| ||||||
6 | (4) The number and issuance of fee-free passes is | ||||||
7 | subject to the rules
of the Board, and a list of all | ||||||
8 | persons to whom the fee-free passes are
issued shall be | ||||||
9 | filed with the Board.
| ||||||
10 | (b) From the tax imposed under subsection (a) and the fee | ||||||
11 | imposed under
subsection (a-5), a municipality shall receive | ||||||
12 | from the State $1 for each
person embarking on a riverboat | ||||||
13 | docked within the municipality, and a county
shall receive $1 | ||||||
14 | for each person embarking on a riverboat docked within the
| ||||||
15 | county but outside the boundaries of any municipality. The | ||||||
16 | municipality's or
county's share shall be collected by the | ||||||
17 | Board on behalf of the State and
remitted quarterly by the | ||||||
18 | State, subject to appropriation, to the treasurer of
the unit | ||||||
19 | of local government for deposit in the general fund.
| ||||||
20 | (c) The licensed owner shall pay the entire admission tax | ||||||
21 | to the Board and
the licensed manager shall pay the entire | ||||||
22 | admission fee to the Board.
Such payments shall be made daily. | ||||||
23 | Accompanying each payment shall be a
return on forms provided | ||||||
24 | by the Board which shall include other
information regarding | ||||||
25 | admissions as the Board may require. Failure to
submit either | ||||||
26 | the payment or the return within the specified time may
result | ||||||
27 | in suspension or revocation of the owners or managers license.
| ||||||
28 | (d) The Board shall administer and collect the admission | ||||||
29 | tax imposed by
this Section, to the extent practicable, in a | ||||||
30 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
31 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a,
6b, 6c, 8, 9 and 10 of the | ||||||
32 | Retailers' Occupation Tax Act and
Section 3-7 of the Uniform | ||||||
33 | Penalty and Interest Act.
| ||||||
34 | (Source: P.A. 92-595, eff. 6-28-02; 93-27, eff. 6-20-03; 93-28, | ||||||
35 | eff. 6-20-03;
revised 8-1-03.)
|
| |||||||
| |||||||
1 | (230 ILCS 10/13) (from Ch. 120, par. 2413)
| ||||||
2 | Sec. 13. Wagering tax; rate; distribution.
| ||||||
3 | (a) Until January 1, 1998, a tax is imposed on the adjusted | ||||||
4 | gross
receipts received from gambling games authorized under | ||||||
5 | this Act at the rate of
20%.
| ||||||
6 | (a-1) From January 1, 1998 until July 1, 2002, a privilege | ||||||
7 | tax is
imposed on persons engaged in the business of conducting | ||||||
8 | riverboat gambling
operations, based on the adjusted gross | ||||||
9 | receipts received by a licensed owner
from gambling games | ||||||
10 | authorized under this Act at the following rates:
| ||||||
11 | 15% of annual adjusted gross receipts up to and | ||||||
12 | including $25,000,000;
| ||||||
13 | 20% of annual adjusted gross receipts in excess of | ||||||
14 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
15 | 25% of annual adjusted gross receipts in excess of | ||||||
16 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
17 | 30% of annual adjusted gross receipts in excess of | ||||||
18 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
19 | 35% of annual adjusted gross receipts in excess of | ||||||
20 | $100,000,000.
| ||||||
21 | (a-2) From July 1, 2002 until July 1, 2003, a privilege tax | ||||||
22 | is imposed on
persons engaged in the business of conducting | ||||||
23 | riverboat gambling operations,
other than licensed managers | ||||||
24 | conducting riverboat gambling operations on behalf
of the | ||||||
25 | State, based on the adjusted gross receipts received by a | ||||||
26 | licensed
owner from gambling games authorized under this Act at | ||||||
27 | the following rates:
| ||||||
28 | 15% of annual adjusted gross receipts up to and | ||||||
29 | including $25,000,000;
| ||||||
30 | 22.5% of annual adjusted gross receipts in excess of | ||||||
31 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
32 | 27.5% of annual adjusted gross receipts in excess of | ||||||
33 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
34 | 32.5% of annual adjusted gross receipts in excess of | ||||||
35 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
36 | 37.5% of annual adjusted gross receipts in excess of |
| |||||||
| |||||||
1 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
2 | 45% of annual adjusted gross receipts in excess of | ||||||
3 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
4 | 50% of annual adjusted gross receipts in excess of | ||||||
5 | $200,000,000.
| ||||||
6 | (a-3) Beginning July 1, 2003, a privilege tax is imposed on | ||||||
7 | persons engaged
in the business of conducting riverboat | ||||||
8 | gambling operations, other than
licensed managers conducting | ||||||
9 | riverboat gambling operations on behalf of the
State, based on | ||||||
10 | the adjusted gross receipts received by a licensed owner from
| ||||||
11 | gambling games authorized under this Act at the following | ||||||
12 | rates:
| ||||||
13 | 15% of annual adjusted gross receipts up to and | ||||||
14 | including $25,000,000;
| ||||||
15 | 27.5% of annual adjusted gross receipts in excess of | ||||||
16 | $25,000,000 but not
exceeding $37,500,000;
| ||||||
17 | 32.5% of annual adjusted gross receipts in excess of | ||||||
18 | $37,500,000 but not
exceeding $50,000,000;
| ||||||
19 | 37.5% of annual adjusted gross receipts in excess of | ||||||
20 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
21 | 45% of annual adjusted gross receipts in excess of | ||||||
22 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
23 | 50% of annual adjusted gross receipts in excess of | ||||||
24 | $100,000,000 but not
exceeding $250,000,000;
| ||||||
25 | 70% of annual adjusted gross receipts in excess of | ||||||
26 | $250,000,000.
| ||||||
27 | An amount equal to the amount of wagering taxes collected | ||||||
28 | under this
subsection (a-3) that are in addition to the amount | ||||||
29 | of wagering taxes that
would have been collected if the | ||||||
30 | wagering tax rates under subsection (a-2)
were in effect shall | ||||||
31 | be paid into the Common School Fund.
| ||||||
32 | The privilege tax imposed under this subsection (a-3) shall | ||||||
33 | no longer be
imposed beginning on the earlier of (i) July 1, | ||||||
34 | 2005; (ii) the first date
after June 20, 2003
the effective | ||||||
35 | date of this amendatory Act of the
93rd General Assembly that | ||||||
36 | riverboat gambling operations are conducted
pursuant to a |
| |||||||
| |||||||
1 | dormant license; or (iii) the first day that riverboat gambling
| ||||||
2 | operations are conducted under the authority of an owners | ||||||
3 | license that is in
addition to the 10 owners licenses initially | ||||||
4 | authorized under this Act.
For the purposes of this subsection | ||||||
5 | (a-3), the term "dormant license"
means an owners license that | ||||||
6 | is authorized by this Act under which no
riverboat gambling | ||||||
7 | operations are being conducted on June 20, 2003
the effective | ||||||
8 | date of this amendatory Act of the 93rd General Assembly .
| ||||||
9 | (a-4) Beginning on the first day on which the tax imposed | ||||||
10 | under
subsection (a-3) is no longer imposed, a privilege tax is | ||||||
11 | imposed on persons
engaged in the business of conducting | ||||||
12 | riverboat gambling operations, other
than licensed managers | ||||||
13 | conducting riverboat gambling operations on behalf of
the | ||||||
14 | State, based on the adjusted gross receipts received by a | ||||||
15 | licensed owner
from gambling games authorized under this Act at | ||||||
16 | the following rates:
| ||||||
17 | 15% of annual adjusted gross receipts up to and | ||||||
18 | including $25,000,000;
| ||||||
19 | 22.5% of annual adjusted gross receipts in excess of | ||||||
20 | $25,000,000 but not
exceeding $50,000,000;
| ||||||
21 | 27.5% of annual adjusted gross receipts in excess of | ||||||
22 | $50,000,000 but not
exceeding $75,000,000;
| ||||||
23 | 32.5% of annual adjusted gross receipts in excess of | ||||||
24 | $75,000,000 but not
exceeding $100,000,000;
| ||||||
25 | 37.5% of annual adjusted gross receipts in excess of | ||||||
26 | $100,000,000 but not
exceeding $150,000,000;
| ||||||
27 | 45% of annual adjusted gross receipts in excess of | ||||||
28 | $150,000,000 but not
exceeding $200,000,000;
| ||||||
29 | 50% of annual adjusted gross receipts in excess of | ||||||
30 | $200,000,000.
| ||||||
31 | (a-8) Riverboat gambling operations conducted by a | ||||||
32 | licensed manager on
behalf of the State are not subject to the | ||||||
33 | tax imposed under this Section.
| ||||||
34 | (a-10) The taxes imposed by this Section shall be paid by | ||||||
35 | the licensed
owner to the Board not later than 3:00 o'clock | ||||||
36 | p.m. of the day after the day
when the wagers were made.
|
| |||||||
| |||||||
1 | (b) Until January 1, 1998, 25% of the tax revenue deposited | ||||||
2 | in the State
Gaming Fund under this Section shall be paid, | ||||||
3 | subject to appropriation by the
General Assembly, to the unit | ||||||
4 | of local government which is designated as the
home dock of the | ||||||
5 | riverboat. Beginning January 1, 1998, from the tax revenue
| ||||||
6 | deposited in the State Gaming Fund under this Section, an | ||||||
7 | amount equal to 5% of
adjusted gross receipts generated by a | ||||||
8 | riverboat shall be paid monthly, subject
to appropriation by | ||||||
9 | the General Assembly, to the unit of local government that
is | ||||||
10 | designated as the home dock of the riverboat. From the tax | ||||||
11 | revenue
deposited in the State Gaming Fund pursuant to | ||||||
12 | riverboat gambling operations
conducted by a licensed manager | ||||||
13 | on behalf of the State, an amount equal to 5%
of adjusted gross | ||||||
14 | receipts generated pursuant to those riverboat gambling
| ||||||
15 | operations shall be paid monthly,
subject to appropriation by | ||||||
16 | the General Assembly, to the unit of local
government that is | ||||||
17 | designated as the home dock of the riverboat upon which
those | ||||||
18 | riverboat gambling operations are conducted.
| ||||||
19 | (c) Appropriations, as approved by the General Assembly, | ||||||
20 | may be made
from the State Gaming Fund to the Department of | ||||||
21 | Revenue and the Department
of State Police for the | ||||||
22 | administration and enforcement of this Act, or to the
| ||||||
23 | Department of Human Services for the administration of programs | ||||||
24 | to treat
problem gambling.
| ||||||
25 | (c-5) After the payments required under subsections (b) and | ||||||
26 | (c) have been
made, an amount equal to 15% of the adjusted | ||||||
27 | gross receipts of (1) an owners
licensee that relocates | ||||||
28 | pursuant to Section 11.2,
(2) an owners licensee
license
| ||||||
29 | conducting riverboat gambling operations
pursuant to an
owners | ||||||
30 | license that is initially issued after June
25, 1999,
or (3) | ||||||
31 | the first
riverboat gambling operations conducted by a licensed | ||||||
32 | manager on behalf of the
State under Section 7.3
7.2 ,
whichever | ||||||
33 | comes first, shall be paid from the State
Gaming Fund into the | ||||||
34 | Horse Racing Equity Fund.
| ||||||
35 | (c-10) Each year the General Assembly shall appropriate | ||||||
36 | from the General
Revenue Fund to the Education Assistance Fund |
| |||||||
| |||||||
1 | an amount equal to the amount
paid into the Horse Racing Equity | ||||||
2 | Fund pursuant to subsection (c-5) in the
prior calendar year.
| ||||||
3 | (c-15) After the payments required under subsections (b), | ||||||
4 | (c), and (c-5)
have been made, an amount equal to 2% of the | ||||||
5 | adjusted gross receipts of (1)
an owners licensee that | ||||||
6 | relocates pursuant to Section 11.2, (2) an owners
licensee | ||||||
7 | conducting riverboat gambling operations pursuant to
an
owners | ||||||
8 | license that is initially issued after June 25, 1999,
or (3) | ||||||
9 | the first
riverboat gambling operations conducted by a licensed | ||||||
10 | manager on behalf of the
State under Section 7.3
7.2 ,
whichever | ||||||
11 | comes first, shall be paid, subject to appropriation
from the | ||||||
12 | General Assembly, from the State Gaming Fund to each home rule
| ||||||
13 | county with a population of over 3,000,000 inhabitants for the | ||||||
14 | purpose of
enhancing the county's criminal justice system.
| ||||||
15 | (c-20) Each year the General Assembly shall appropriate | ||||||
16 | from the General
Revenue Fund to the Education Assistance Fund | ||||||
17 | an amount equal to the amount
paid to each home rule county | ||||||
18 | with a population of over 3,000,000 inhabitants
pursuant to | ||||||
19 | subsection (c-15) in the prior calendar year.
| ||||||
20 | (c-25) After the payments required under subsections (b), | ||||||
21 | (c), (c-5) and
(c-15) have been made, an amount equal to 2% of | ||||||
22 | the
adjusted gross receipts of (1) an owners licensee
license
| ||||||
23 | that
relocates pursuant to Section 11.2, (2) an
owners
licensee
| ||||||
24 | license conducting riverboat gambling operations pursuant to
| ||||||
25 | an
owners license
that is initially issued after June 25, 1999,
| ||||||
26 | or (3) the first
riverboat gambling operations conducted by a | ||||||
27 | licensed manager on behalf of the
State under Section 7.3
7.2 ,
| ||||||
28 | whichever
comes first,
shall be paid from the State
Gaming Fund | ||||||
29 | to Chicago State University.
| ||||||
30 | (d) From time to time, the
Board shall transfer the | ||||||
31 | remainder of the funds
generated by this Act into the Education
| ||||||
32 | Assistance Fund, created by Public Act 86-0018, of the State of | ||||||
33 | Illinois.
| ||||||
34 | (e) Nothing in this Act shall prohibit the unit of local | ||||||
35 | government
designated as the home dock of the riverboat from | ||||||
36 | entering into agreements
with other units of local government |
| |||||||
| |||||||
1 | in this State or in other states to
share its portion of the | ||||||
2 | tax revenue.
| ||||||
3 | (f) To the extent practicable, the Board shall administer | ||||||
4 | and collect the
wagering taxes imposed by this Section in a | ||||||
5 | manner consistent with the
provisions of Sections 4, 5, 5a, 5b, | ||||||
6 | 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of the | ||||||
7 | Retailers' Occupation Tax Act and Section 3-7 of the
Uniform | ||||||
8 | Penalty and Interest Act.
| ||||||
9 | (Source: P.A. 92-595, eff. 6-28-02; 93-27, eff. 6-20-03; 93-28, | ||||||
10 | eff.
6-20-03; revised 1-28-04.)
| ||||||
11 | Section 75. The Liquor Control Act of 1934 is amended by | ||||||
12 | changing Section 12-4 as follows:
| ||||||
13 | (235 ILCS 5/12-4)
| ||||||
14 | Sec. 12-4. Grape and Wine Resources Fund. Beginning July 1, | ||||||
15 | 1999 and
ending June 30, 2003 2006 , on the first day of each | ||||||
16 | State fiscal year,
or as soon
thereafter as may be practical, | ||||||
17 | the State Comptroller shall transfer the sum of
$500,000 from | ||||||
18 | the General Revenue Fund to the Grape and Wine Resources Fund,
| ||||||
19 | which is hereby continued as a special fund in the State | ||||||
20 | Treasury. By January
1, 2006, the Department of Commerce and | ||||||
21 | Economic Opportunity
Community Affairs shall review the
| ||||||
22 | activities of the Council and report to the General Assembly | ||||||
23 | and the Governor
its recommendation of whether or not the | ||||||
24 | funding under this Section should be
continued.
| ||||||
25 | The Grape and Wine Resources Fund shall be administered by | ||||||
26 | the Department of
Commerce and Economic Opportunity
Community | ||||||
27 | Affairs , which shall serve as the lead administrative
agency | ||||||
28 | for allocation and auditing of funds as well as monitoring | ||||||
29 | program
implementation. The Department shall make an annual | ||||||
30 | grant of moneys from the
Fund to the Council, which shall be | ||||||
31 | used to pay for the Council's operations
and expenses. These | ||||||
32 | moneys shall be used by the Council to achieve the
Council's | ||||||
33 | objectives and shall not be used for any political or | ||||||
34 | legislative
purpose. Money remaining in the Fund at the end of |
| |||||||
| |||||||
1 | the fiscal year shall
remain in the Fund for use during the | ||||||
2 | following year and shall not be
transferred to any other State | ||||||
3 | fund.
| ||||||
4 | (Source: P.A. 93-32, eff. 6-20-03; 93-512, eff. 1-1-04; revised | ||||||
5 | 12-17-03.)
| ||||||
6 | Section 78. The Elder Abuse and Neglect Act is amended by | ||||||
7 | changing Section 3.5 as follows:
| ||||||
8 | (320 ILCS 20/3.5)
| ||||||
9 | Sec. 3.5. Other Responsibilities. The Department shall | ||||||
10 | also be
responsible for the following activities, contingent | ||||||
11 | upon adequate funding:
| ||||||
12 | (a) promotion of a wide range of endeavors for the purpose | ||||||
13 | of preventing
elder abuse, neglect, and financial exploitation | ||||||
14 | in both domestic and
institutional settings, including, but not | ||||||
15 | limited to, promotion of public
and professional education to | ||||||
16 | increase awareness of elder abuse, neglect,
and financial | ||||||
17 | exploitation, to increase reports, and to improve response by
| ||||||
18 | various legal, financial, social, and health systems;
| ||||||
19 | (b) coordination of efforts with other agencies, councils, | ||||||
20 | and like
entities, to include but not be limited to, the Office | ||||||
21 | of the Attorney General,
the State Police, the Illinois Law | ||||||
22 | Enforcement Training Standards
Board, the State Triad, the | ||||||
23 | Illinois Criminal Justice Information
Authority, the
| ||||||
24 | Departments of Public Health, Public Aid, and Human Services, | ||||||
25 | the Family
Violence Coordinating Council, the Illinois | ||||||
26 | Violence Prevention Authority,
and other
entities which may | ||||||
27 | impact awareness of, and response to, elder abuse, neglect,
and | ||||||
28 | financial exploitation;
| ||||||
29 | (c) collection and analysis of data;
| ||||||
30 | (d) monitoring of the performance of regional | ||||||
31 | administrative agencies and
elder abuse provider agencies;
| ||||||
32 | (e) promotion of prevention activities;
| ||||||
33 | (f) establishing and coordinating establishment and | ||||||
34 | coordination of a an aggressive training program on about the |
| |||||||
| |||||||
1 | unique
nature of elder abuse cases with other agencies, | ||||||
2 | councils, and like entities,
to include including but not be | ||||||
3 | limited to the Office of the Attorney General, the
State | ||||||
4 | Police, the Illinois Law Enforcement Training Standards Board, | ||||||
5 | the
State Triad, the Illinois Criminal Justice Information | ||||||
6 | Authority, the State
Departments of Public Health, Public Aid, | ||||||
7 | and Human Services, the Family
Violence Coordinating Council, | ||||||
8 | the Illinois Violence Prevention Authority,
and other entities | ||||||
9 | that may impact awareness of , and response to , elder
abuse, | ||||||
10 | neglect, and financial exploitation;
| ||||||
11 | (g) solicitation of financial institutions for the purpose | ||||||
12 | of making
information available to the general public warning | ||||||
13 | of financial exploitation
of the elderly and related financial | ||||||
14 | fraud or abuse, including such
information and warnings | ||||||
15 | available through signage or other written
materials provided | ||||||
16 | by the Department on the premises of such financial
| ||||||
17 | institutions, provided that the manner of displaying or | ||||||
18 | distributing such
information is subject to the sole discretion | ||||||
19 | of each financial institution;
and
| ||||||
20 | (h) coordinating coordination of efforts with utility and | ||||||
21 | electric companies to send
notices in utility bills to which
| ||||||
22 | explain to persons 60 years of age or older
their elder rights | ||||||
23 | regarding telemarketing and home repair fraud frauds .
| ||||||
24 | (Source: P.A. 92-16, eff. 6-28-01; 93-300, eff. 1-1-04; 93-301, | ||||||
25 | eff. 1-1-04;
revised 1-23-04.)
| ||||||
26 | Section 80. The Environmental Protection Act is amended by | ||||||
27 | changing Sections 57.7 and 57.13 as follows:
| ||||||
28 | (415 ILCS 5/57.7)
| ||||||
29 | Sec. 57.7. Leaking underground storage tanks; site | ||||||
30 | investigation and
corrective action.
| ||||||
31 | (a) Site investigation.
| ||||||
32 | (1) For any site investigation activities required by | ||||||
33 | statute or rule,
the owner or operator shall submit to the | ||||||
34 | Agency for approval a site
investigation plan designed to |
| |||||||
| |||||||
1 | determine the nature, concentration, direction
of | ||||||
2 | movement, rate of movement, and extent of the contamination | ||||||
3 | as well as the
significant physical features of the site | ||||||
4 | and surrounding area that may affect
contaminant transport | ||||||
5 | and risk to human health and safety and the environment.
| ||||||
6 | (2) Any owner or operator intending to seek payment | ||||||
7 | from the Fund shall
submit to the Agency for approval a | ||||||
8 | site investigation budget that includes,
but is not limited | ||||||
9 | to, an accounting of all costs associated with the
| ||||||
10 | implementation and completion of the site investigation | ||||||
11 | plan.
| ||||||
12 | (3) Remediation objectives for the applicable | ||||||
13 | indicator contaminants
shall be determined using the | ||||||
14 | tiered approach to corrective action objectives
rules | ||||||
15 | adopted by the Board pursuant to this Title and Title XVII | ||||||
16 | of this Act.
For the purposes of this Title, "Contaminant | ||||||
17 | of Concern" or "Regulated
Substance of Concern" in the | ||||||
18 | rules means the applicable indicator contaminants
set | ||||||
19 | forth in subsection (d) of this Section and the rules | ||||||
20 | adopted thereunder.
| ||||||
21 | (4) Upon the Agency's approval of a site investigation | ||||||
22 | plan, or as
otherwise directed by the Agency, the owner or | ||||||
23 | operator shall conduct a site
investigation in accordance | ||||||
24 | with the plan.
| ||||||
25 | (5) Within 30 days after completing the site | ||||||
26 | investigation, the owner
or operator shall submit to the | ||||||
27 | Agency for approval a site investigation
completion | ||||||
28 | report. At a minimum the report shall include all of the | ||||||
29 | following:
| ||||||
30 | (A) Executive summary.
| ||||||
31 | (B) Site history.
| ||||||
32 | (C) Site-specific sampling methods and results.
| ||||||
33 | (D) Documentation of all field activities, | ||||||
34 | including quality assurance.
| ||||||
35 | (E) Documentation regarding the development of | ||||||
36 | proposed remediation
objectives.
|
| |||||||
| |||||||
1 | (F) Interpretation of results.
| ||||||
2 | (G) Conclusions.
| ||||||
3 | (b) Corrective action.
| ||||||
4 | (1) If the site investigation confirms none of the | ||||||
5 | applicable indicator
contaminants exceed the proposed | ||||||
6 | remediation objectives, within 30 days after
completing | ||||||
7 | the site investigation the owner or operator shall submit | ||||||
8 | to the
Agency for approval a corrective action completion | ||||||
9 | report in accordance with
this Section.
| ||||||
10 | (2) If any of the applicable indicator contaminants | ||||||
11 | exceed the
remediation objectives approved for the site, | ||||||
12 | within 30 days after the Agency
approves the site | ||||||
13 | investigation completion report the owner or operator | ||||||
14 | shall
submit to the Agency for approval a corrective action | ||||||
15 | plan designed to mitigate
any threat to human health, human | ||||||
16 | safety, or the environment resulting from the
underground | ||||||
17 | storage tank release. The plan shall describe the selected | ||||||
18 | remedy
and evaluate its ability and effectiveness to | ||||||
19 | achieve the remediation
objectives approved for the site. | ||||||
20 | At a minimum, the report shall include all
of the | ||||||
21 | following:
| ||||||
22 | (A) Executive summary.
| ||||||
23 | (B) Statement of remediation objectives.
| ||||||
24 | (C) Remedial technologies selected.
| ||||||
25 | (D) Confirmation sampling plan.
| ||||||
26 | (E) Current and projected future use of the | ||||||
27 | property.
| ||||||
28 | (F) Applicable preventive, engineering, and | ||||||
29 | institutional controls
including long-term | ||||||
30 | reliability, operating, and maintenance plans, and
| ||||||
31 | monitoring procedures.
| ||||||
32 | (G) A schedule for implementation and completion | ||||||
33 | of the plan.
| ||||||
34 | (3) Any owner or operator intending to seek payment | ||||||
35 | from the Fund shall
submit to the Agency for approval a | ||||||
36 | corrective action budget that includes,
but is not limited |
| |||||||
| |||||||
1 | to, an accounting of all costs associated with the
| ||||||
2 | implementation and completion of the corrective action | ||||||
3 | plan.
| ||||||
4 | (4) Upon the Agency's approval of a corrective action | ||||||
5 | plan, or as
otherwise directed by the Agency, the owner or | ||||||
6 | operator shall proceed with
corrective action in | ||||||
7 | accordance with the plan.
| ||||||
8 | (5) Within 30 days after the completion of a corrective | ||||||
9 | action plan that
achieves applicable remediation | ||||||
10 | objectives the owner or operator shall submit
to the Agency | ||||||
11 | for approval a corrective action completion report. The | ||||||
12 | report
shall demonstrate whether corrective action was | ||||||
13 | completed in accordance with
the approved corrective | ||||||
14 | action plan and whether the remediation objectives
| ||||||
15 | approved for the site, as well as any other requirements of | ||||||
16 | the plan, have
been achieved.
| ||||||
17 | (6) If within 4 years after the approval of any | ||||||
18 | corrective action plan
the applicable remediation | ||||||
19 | objectives have not been achieved and the owner or
operator | ||||||
20 | has not submitted a corrective action completion report, | ||||||
21 | the owner or
operator must submit a status report for | ||||||
22 | Agency review. The status report must
include, but is not | ||||||
23 | limited to, a description of the remediation activities
| ||||||
24 | taken to date, the effectiveness of the method of | ||||||
25 | remediation being used, the
likelihood of meeting the | ||||||
26 | applicable remediation objectives using the current
method | ||||||
27 | of remediation, and the date the applicable remediation | ||||||
28 | objectives are
expected to be achieved.
| ||||||
29 | (7) If the Agency determines any approved corrective | ||||||
30 | action plan will
not achieve applicable remediation | ||||||
31 | objectives within a reasonable time, based
upon the method | ||||||
32 | of remediation and site specific circumstances, the Agency | ||||||
33 | may
require the owner or operator to submit to the Agency | ||||||
34 | for approval a revised
corrective action plan. If the owner | ||||||
35 | or operator intends to seek payment from
the Fund, the | ||||||
36 | owner or operator must also submit a revised budget.
|
| |||||||
| |||||||
1 | or Licensed Professional Geologist
or Licensed Professional | ||||||
2 | Geologist
or Licensed Professional Geologist
or Licensed | ||||||
3 | Professional Geologist
or Licensed Professional Geologist
or | ||||||
4 | Licensed Professional Geologist
or Licensed Professional | ||||||
5 | Geologist
or Licensed Professional Geologist
or Licensed | ||||||
6 | Professional Geologist
or Licensed Professional Geologist
| ||||||
7 | (c) Agency review and approval.
| ||||||
8 | (1) Agency approval of any plan and associated budget, | ||||||
9 | as described in
this subsection (c), shall be considered | ||||||
10 | final approval for purposes of
seeking and obtaining | ||||||
11 | payment from the Underground Storage Tank Fund if the
costs | ||||||
12 | associated with the completion of any such plan are less | ||||||
13 | than or equal
to the amounts approved in such budget.
| ||||||
14 | (2) In the event the Agency fails to approve, | ||||||
15 | disapprove, or modify any
plan or report submitted pursuant | ||||||
16 | to this Title in writing within 120 days
of the receipt by | ||||||
17 | the Agency, the plan or report shall be considered to be
| ||||||
18 | rejected by operation of law for purposes of this Title and | ||||||
19 | rejected for
purposes of payment from the Underground | ||||||
20 | Storage Tank Fund.
| ||||||
21 | (A) For purposes of those plans as identified in | ||||||
22 | paragraph (5) of this
subsection (c), the Agency's | ||||||
23 | review may be an audit procedure. Such review or
audit | ||||||
24 | shall be consistent with the procedure for such review | ||||||
25 | or audit as
promulgated by the Board under Section | ||||||
26 | 57.14. The Agency has the authority to
establish an | ||||||
27 | auditing program to verify compliance of such plans | ||||||
28 | with the
provisions of this Title.
| ||||||
29 | (B) For purposes of corrective action plans | ||||||
30 | submitted pursuant to
subsection (b) of this Section | ||||||
31 | for which payment from the Fund is not being
sought, | ||||||
32 | the Agency need not take action on such plan until 120 | ||||||
33 | days after it
receives the corrective action | ||||||
34 | completion report required under subsection (b)
of | ||||||
35 | this Section. In the event the Agency approved the | ||||||
36 | plan, it shall proceed
under the provisions of this |
| |||||||
| |||||||
1 | subsection (c).
| ||||||
2 | (3) In approving any plan submitted pursuant to | ||||||
3 | subsection (a) or (b)
of this Section, the Agency shall | ||||||
4 | determine, by a procedure promulgated by
the Board under | ||||||
5 | Section 57.14, that the costs associated with the plan are
| ||||||
6 | reasonable, will be incurred in the performance of site | ||||||
7 | investigation or
corrective action, and will not be used | ||||||
8 | for site investigation or corrective
action activities in | ||||||
9 | excess of those required to meet the minimum requirements
| ||||||
10 | of this Title.
| ||||||
11 | (4) For any plan or report received after June 24,
| ||||||
12 | September 13,
2002, any action by the Agency to disapprove | ||||||
13 | or modify a plan submitted
pursuant to this Title shall be | ||||||
14 | provided to the owner or operator in writing
within 120 | ||||||
15 | days of the receipt by the Agency or, in the case of a site
| ||||||
16 | investigation plan or corrective action plan for which | ||||||
17 | payment is not being
sought, within 120 days of receipt of | ||||||
18 | the site investigation completion report
or corrective | ||||||
19 | action completion report, respectively, and shall be | ||||||
20 | accompanied
by:
| ||||||
21 | (A) an explanation of the Sections of this Act | ||||||
22 | which may be violated
if the plans were approved;
| ||||||
23 | (B) an explanation of the provisions of the | ||||||
24 | regulations, promulgated
under this Act, which may be | ||||||
25 | violated if the plan were approved;
| ||||||
26 | (C) an explanation of the specific type of | ||||||
27 | information, if any,
which the Agency deems the | ||||||
28 | applicant did not provide the Agency; and
| ||||||
29 | (D) a statement of specific reasons why the Act and | ||||||
30 | the regulations
might not be met if the plan were | ||||||
31 | approved.
| ||||||
32 | Any action by the Agency to disapprove or modify a plan | ||||||
33 | or report or
the rejection of any plan or report by | ||||||
34 | operation of law shall be subject
to appeal to the Board in | ||||||
35 | accordance with the procedures of Section 40. If
the owner | ||||||
36 | or operator elects to incorporate modifications required |
| |||||||
| |||||||
1 | by the
Agency rather than appeal, an amended plan shall be | ||||||
2 | submitted to the Agency
within 35 days of receipt of the | ||||||
3 | Agency's written notification.
| ||||||
4 | (5) For purposes of this Title, the term "plan" shall | ||||||
5 | include:
| ||||||
6 | (A) Any site investigation plan submitted pursuant | ||||||
7 | to subsection (a)
of this Section;
| ||||||
8 | (B) Any site investigation budget submitted | ||||||
9 | pursuant to subsection (a)
of this Section;
| ||||||
10 | (C) Any corrective action plan submitted pursuant | ||||||
11 | to
subsection (b) of this Section; or
| ||||||
12 | (D) Any corrective action plan budget submitted | ||||||
13 | pursuant to
subsection (b) of this Section.
| ||||||
14 | (d) For purposes of this Title, the term "indicator | ||||||
15 | contaminant" shall
mean, unless and until the Board promulgates | ||||||
16 | regulations to the contrary, the
following: (i) if an | ||||||
17 | underground storage tank contains gasoline, the indicator
| ||||||
18 | parameter shall be BTEX and Benzene; (ii) if the tank contained | ||||||
19 | petroleum
products consisting of middle distillate or heavy | ||||||
20 | ends, then the indicator
parameter shall be determined by a | ||||||
21 | scan of PNA's taken from the location where
contamination is | ||||||
22 | most likely to be present; and (iii) if the tank contained
used | ||||||
23 | oil, then the indicator contaminant shall be those chemical | ||||||
24 | constituents
which indicate the type of petroleum stored in an | ||||||
25 | underground storage tank.
All references in this Title to | ||||||
26 | groundwater objectives shall mean Class I
groundwater | ||||||
27 | standards or objectives as applicable.
| ||||||
28 | (e) (1) Notwithstanding the provisions of this Section, an | ||||||
29 | owner or
operator may proceed to conduct site investigation | ||||||
30 | or corrective action prior
to the submittal or approval of | ||||||
31 | an otherwise required plan. If the owner or
operator elects | ||||||
32 | to so proceed, an applicable plan shall be filed with the
| ||||||
33 | Agency at any time. Such plan shall detail the steps taken | ||||||
34 | to determine the
type of site investigation or corrective | ||||||
35 | action which was necessary at the site
along with the site | ||||||
36 | investigation or corrective action taken or to be taken, in
|
| |||||||
| |||||||
1 | addition to costs associated with activities to date and | ||||||
2 | anticipated costs.
| ||||||
3 | (2) Upon receipt of a plan submitted after activities | ||||||
4 | have commenced at a
site, the Agency shall proceed to | ||||||
5 | review in the same manner as required under
this Title. In | ||||||
6 | the event the Agency disapproves all or part of the costs, | ||||||
7 | the
owner or operator may appeal such decision to the | ||||||
8 | Board. The owner or operator
shall not be eligible to be | ||||||
9 | reimbursed for such disapproved costs unless and
until the | ||||||
10 | Board determines that such costs were eligible for
payment.
| ||||||
11 | (f) All investigations, plans, and reports conducted or | ||||||
12 | prepared under
this Section shall be conducted or prepared | ||||||
13 | under the supervision of a
licensed professional engineer and | ||||||
14 | in accordance with the requirements
of this Title.
| ||||||
15 | (Source: P.A. 92-554, eff. 6-24-02; 92-574, eff. 6-26-02; | ||||||
16 | 92-651, eff.
7-11-02; 92-735, eff. 7-25-02; revised 10-3-02.)
| ||||||
17 | (415 ILCS 5/57.13)
| ||||||
18 | Sec. 57.13. Underground Storage Tank Program; transition.
| ||||||
19 | (a) If a release is reported to the proper State authority | ||||||
20 | on or after
June 24
September 13 , 2002, the owner or operator | ||||||
21 | shall comply with
the requirements of this Title.
| ||||||
22 | (b) If a release is reported to the proper State authority | ||||||
23 | prior to
June 24
September 13 , 2002, the
owner or operator of | ||||||
24 | an underground storage tank may elect to proceed in
accordance | ||||||
25 | with the requirements of this Title by submitting a written
| ||||||
26 | statement to the Agency of such election. If the owner or | ||||||
27 | operator elects to
proceed under the requirements of this Title | ||||||
28 | all costs incurred in connection
with the incident prior to | ||||||
29 | notification shall be reimbursable in the same
manner as was | ||||||
30 | allowable under the then existing law. Completion of corrective
| ||||||
31 | action shall then follow the provisions of this Title.
| ||||||
32 | (Source: P.A. 92-554, eff. 6-24-02; 92-574, eff. 6-26-02; | ||||||
33 | revised
9-9-02.)
| ||||||
34 | Section 85. The Humane Care for Animals Act is amended by |
| |||||||
| |||||||
1 | changing Sections 4.04 and 16 as follows:
| ||||||
2 | (510 ILCS 70/4.04) (from Ch. 8, par. 704.04)
| ||||||
3 | Sec. 4.04. Injuring or killing police animals, service | ||||||
4 | animals, or search
and rescue dogs prohibited.
It shall be | ||||||
5 | unlawful for any person to willfully or maliciously torture,
| ||||||
6 | mutilate, injure, disable, poison, or kill (i) any animal used | ||||||
7 | by a law
enforcement department or agency in the performance of | ||||||
8 | the functions or duties
of the department or agency or when | ||||||
9 | placed in confinement off duty, (ii) any
service animal, (iii) | ||||||
10 | any search and rescue dog, or (iv) any law enforcement,
| ||||||
11 | service, or search and rescue animal in training. However, a | ||||||
12 | police officer or
veterinarian may perform euthanasia in | ||||||
13 | emergency situations when delay would
cause the animal undue | ||||||
14 | suffering and pain.
| ||||||
15 | A person convicted of violating this Section is guilty of a | ||||||
16 | Class 4
felony
A misdemeanor if the animal is not killed or | ||||||
17 | totally disabled; if
the animal is killed or totally disabled, | ||||||
18 | the person is guilty of a Class 3
Class 4 felony.
| ||||||
19 | (Source: P.A. 91-357, eff. 7-29-99; 92-454, eff. 1-1-02; | ||||||
20 | 92-650, eff.
7-11-02; incorporates 92-723, eff. 1-1-03; | ||||||
21 | revised 10-3-02.)
| ||||||
22 | (510 ILCS 70/16) (from Ch. 8, par. 716)
| ||||||
23 | Sec. 16. Miscellaneous violations; injunctions; | ||||||
24 | forfeiture.
| ||||||
25 | (a) (Blank).
| ||||||
26 | (b) (Blank). 4 felony 3
| ||||||
27 | (c) Any person convicted of any act of abuse or
neglect for | ||||||
28 | which no other penalty is specified in this Act, or of
| ||||||
29 | violating any other provision of this Act or any rule, | ||||||
30 | regulation, or
order of the Department pursuant thereto for | ||||||
31 | which no other penalty is
specified in this Act, is guilty of a | ||||||
32 | Class B misdemeanor for the first
violation. A second or | ||||||
33 | subsequent violation is a Class 4 felony, with
every day that a | ||||||
34 | violation continues constituting a separate offense.
|
| |||||||
| |||||||
1 | (d) (Blank).
| ||||||
2 | (e) (Blank).
| ||||||
3 | (f) The Department may enjoin a person from a continuing | ||||||
4 | violation of this
Act.
| ||||||
5 | (g) (Blank).
| ||||||
6 | (h) (Blank).
| ||||||
7 | (i) In addition to any other penalty provided by law, upon | ||||||
8 | conviction
for violating Section 3, 3.01, 3.02, or 3.03 the | ||||||
9 | court may order
the convicted person to forfeit to an animal | ||||||
10 | control or animal shelter
the animal or animals that are the | ||||||
11 | basis of the conviction. Upon an
order of forfeiture, the | ||||||
12 | convicted person is deemed to have permanently
relinquished all | ||||||
13 | rights to the animal or animals that are the basis of the
| ||||||
14 | conviction. The forfeited animal or animals shall be adopted or | ||||||
15 | humanely
euthanized. In no event may the convicted person or | ||||||
16 | anyone residing in his
or her household be permitted to adopt | ||||||
17 | the forfeited animal or animals. The
court, additionally, may | ||||||
18 | order that the convicted person and persons dwelling
in the | ||||||
19 | same household as the convicted person who conspired, aided, or | ||||||
20 | abetted
in the unlawful act that was the basis of the | ||||||
21 | conviction, or who knew or should
have known of the unlawful | ||||||
22 | act, may not own, harbor, or have custody or control
of any | ||||||
23 | other animals for a period of time that the court deems | ||||||
24 | reasonable.
| ||||||
25 | (Source: P.A. 91-291, eff. 1-1-00; 91-351, eff. 7-29-99; | ||||||
26 | 91-357, eff.
7-29-99; 92-16, eff. 6-28-01; 92-425, eff. 1-1-02; | ||||||
27 | 92-454, eff. 1-1-02; 92-650,
eff. 7-11-02; 92-651, eff. | ||||||
28 | 7-11-02; 92-723, eff. 1-1-03; revised 10-3-02.)
| ||||||
29 | Section 90. The Drug Paraphernalia Control Act is amended | ||||||
30 | by changing Section 4 as follows:
| ||||||
31 | (720 ILCS 600/4) (from Ch. 56 1/2, par. 2104)
| ||||||
32 | Sec. 4. Exemptions. This Act does not apply to:
| ||||||
33 | (a) Items used in the preparation, compounding,
| ||||||
34 | packaging, labeling, or other use of cannabis or a |
| |||||||
| |||||||
1 | controlled substance
as an incident to lawful research, | ||||||
2 | teaching, or chemical analysis and not for
sale.
| ||||||
3 | (b) Items historically and customarily used in | ||||||
4 | connection
with , the planting, propagating, cultivating, | ||||||
5 | growing, harvesting,
manufacturing, compounding, | ||||||
6 | converting, producing, processing, preparing,
testing, | ||||||
7 | analyzing, packaging, repackaging, storing, containing, | ||||||
8 | concealing,
injecting, ingesting, or inhaling of tobacco | ||||||
9 | or any other lawful substance.
| ||||||
10 | Items exempt under this subsection include, but are not | ||||||
11 | limited to, garden
hoes, rakes, sickles, baggies, tobacco | ||||||
12 | pipes, and cigarette-rolling papers.
| ||||||
13 | (c) Items listed in Section 2 of this Act which are | ||||||
14 | used for
decorative
purposes, when such items have been | ||||||
15 | rendered completely inoperable or incapable
of being used | ||||||
16 | for any illicit purpose prohibited by this Act.
| ||||||
17 | (d) A person who is legally authorized to possess | ||||||
18 | hypodermic syringes or
needles under the Hypodermic | ||||||
19 | Syringes and Needles Act.
| ||||||
20 | In determining whether or not a particular item is exempt under | ||||||
21 | this
Section
subsection , the trier of fact should consider, in | ||||||
22 | addition
to all other logically relevant factors, the | ||||||
23 | following:
| ||||||
24 | (1) the general, usual, customary, and historical use | ||||||
25 | to which the item
involved has been put;
| ||||||
26 | (2) expert evidence concerning the ordinary or | ||||||
27 | customary use of the item
and the effect of any peculiarity | ||||||
28 | in the design or engineering of the device
upon its | ||||||
29 | functioning;
| ||||||
30 | (3) any written instructions accompanying the delivery | ||||||
31 | of the item
concerning
the purposes or uses to which the | ||||||
32 | item can or may be put;
| ||||||
33 | (4) any oral instructions provided by the seller of the | ||||||
34 | item at the time
and place of sale or commercial delivery;
| ||||||
35 | (5) any national or local advertising concerning the | ||||||
36 | design, purpose
or use of the item involved, and the entire |
| |||||||
| |||||||
1 | context in which such advertising
occurs;
| ||||||
2 | (6) the manner, place and circumstances in which the | ||||||
3 | item was displayed
for sale, as well as any item or items | ||||||
4 | displayed for sale or otherwise
exhibited
upon the premises | ||||||
5 | where the sale was made;
| ||||||
6 | (7) whether the owner or anyone in control of the | ||||||
7 | object is a legitimate
supplier of like or related items to | ||||||
8 | the community, such as a licensed
distributor or dealer of | ||||||
9 | tobacco products;
| ||||||
10 | (8) the existence and scope of legitimate uses for the | ||||||
11 | object in the
community.
| ||||||
12 | (Source: P.A. 93-392, eff. 7-25-03; 93-526, eff. 8-12-03; | ||||||
13 | revised 9-22-03.)
| ||||||
14 | Section 95. The Code of Criminal Procedure of 1963 is | ||||||
15 | amended by changing Section 108B-1 as follows:
| ||||||
16 | (725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1)
| ||||||
17 | Sec. 108B-1. Definitions. For the purpose of this Article:
| ||||||
18 | (a) "Aggrieved person" means a person who was a party to | ||||||
19 | any intercepted
private communication or any person against
| ||||||
20 | whom the intercept was directed.
| ||||||
21 | (b) "Chief Judge" means, when referring to a judge | ||||||
22 | authorized to receive
application for, and to enter orders | ||||||
23 | authorizing, interceptions of private
communications, the | ||||||
24 | Chief Judge of the Circuit
Court wherein the application for | ||||||
25 | order of interception is filed, or a Circuit
Judge
designated | ||||||
26 | by the Chief Judge to enter these orders. In circuits other | ||||||
27 | than
the Cook County Circuit, "Chief Judge" also means, when | ||||||
28 | referring to a
judge authorized to receive application for, and | ||||||
29 | to enter orders
authorizing, interceptions of private
| ||||||
30 | communications, an Associate
Judge authorized by Supreme Court | ||||||
31 | Rule to try felony cases who is assigned
by the Chief Judge to | ||||||
32 | enter these orders. After assignment by the Chief
Judge, an | ||||||
33 | Associate Judge shall have plenary authority to issue orders
| ||||||
34 | without additional authorization for each specific application |
| |||||||
| |||||||
1 | made to him
by the State's Attorney until the time the
| ||||||
2 | Associate
Judge's power is rescinded by the Chief Judge.
| ||||||
3 | (c) "Communications common carrier" means any person | ||||||
4 | engaged as a common
carrier in the transmission of | ||||||
5 | communications by wire or radio,
not including radio | ||||||
6 | broadcasting.
| ||||||
7 | (d) "Contents" includes information obtained from
a | ||||||
8 | private
communication concerning the existence, substance,
| ||||||
9 | purport or meaning of the communication, or the identity of a | ||||||
10 | party of the
communication.
| ||||||
11 | (e) "Court of competent jurisdiction" means any circuit | ||||||
12 | court.
| ||||||
13 | (f) "Department" means Illinois Department of State | ||||||
14 | Police.
| ||||||
15 | (g) "Director" means Director of the Illinois Department of | ||||||
16 | State Police.
| ||||||
17 | (g-1) "Electronic communication" means any transfer of | ||||||
18 | signs, signals,
writing, images, sounds, data, or intelligence | ||||||
19 | of any nature transmitted in
whole or part by a wire, radio, | ||||||
20 | pager, computer, or electromagnetic, photo
electronic, or | ||||||
21 | photo optical system where the sending and receiving parties
| ||||||
22 | intend the electronic communication to be private and the | ||||||
23 | interception,
recording, or transcription of the electronic | ||||||
24 | communication is accomplished by
a device in a surreptitious | ||||||
25 | manner contrary to the provisions of this Article.
"Electronic | ||||||
26 | communication" does not include:
| ||||||
27 | (1) any wire or oral communication; or
| ||||||
28 | (2) any communication from a tracking device.
| ||||||
29 | (h) "Electronic criminal surveillance device" or | ||||||
30 | "eavesdropping device"
means any device or apparatus, or | ||||||
31 | computer program including an induction
coil, that can be used | ||||||
32 | to intercept private
communication other than:
| ||||||
33 | (1) Any telephone, telegraph or telecommunication | ||||||
34 | instrument, equipment
or facility, or any component of it, | ||||||
35 | furnished to the subscriber or user by
a communication | ||||||
36 | common carrier in the ordinary course of its business, or
|
| |||||||
| |||||||
1 | purchased by any person and being used by the subscriber, | ||||||
2 | user or person in
the ordinary course of his business, or | ||||||
3 | being used by a communications
common carrier in the | ||||||
4 | ordinary course of its business, or by an investigative
or | ||||||
5 | law enforcement officer in the ordinary course of his | ||||||
6 | duties; or
| ||||||
7 | (2) A hearing aid or similar device being used to | ||||||
8 | correct subnormal
hearing to not better than normal.
| ||||||
9 | (i) "Electronic criminal surveillance officer" means any | ||||||
10 | law enforcement
officer or retired law enforcement officer of | ||||||
11 | the United States or of the State
or political subdivision of
| ||||||
12 | it, or of another State, or of a political subdivision of it, | ||||||
13 | who is
certified by the Illinois Department of State Police to | ||||||
14 | intercept private
communications.
A retired law enforcement | ||||||
15 | officer may be certified by the Illinois State
Police only to | ||||||
16 | (i) prepare petitions for the authority to intercept private
| ||||||
17 | oral communications in accordance with the provisions of this | ||||||
18 | Act; (ii)
intercept and supervise the interception of private | ||||||
19 | oral communications;
(iii)
handle, safeguard, and use evidence | ||||||
20 | derived from such private oral
communications; and (iv) operate | ||||||
21 | and maintain equipment used to intercept
private oral
| ||||||
22 | communications.
| ||||||
23 | (j) "In-progress trace" means to determine the origin of a | ||||||
24 | wire
communication to a telephone or telegraph instrument, | ||||||
25 | equipment or facility
during the course of the communication.
| ||||||
26 | (k) "Intercept" means the aural or other acquisition of the | ||||||
27 | contents of
any private communication through the use of any
| ||||||
28 | electronic criminal
surveillance device.
| ||||||
29 | (l) "Journalist" means a person engaged in, connected with, | ||||||
30 | or employed
by news media, including newspapers, magazines, | ||||||
31 | press associations, news
agencies, wire services, radio, | ||||||
32 | television or other similar media, for the
purpose of | ||||||
33 | gathering, processing, transmitting, compiling, editing or
| ||||||
34 | disseminating news for the general public.
| ||||||
35 | (m) "Law enforcement agency" means any law enforcement | ||||||
36 | agency of the
United States, or the State or a political |
| |||||||
| |||||||
1 | subdivision of it.
| ||||||
2 | (n) "Oral communication" means human speech used to
| ||||||
3 | communicate by one
party to another, in person, by wire | ||||||
4 | communication or by any other means.
| ||||||
5 | (o) "Private communication" means a wire,
oral, or | ||||||
6 | electronic communication
uttered or transmitted by a person | ||||||
7 | exhibiting an expectation that the
communication is not
subject | ||||||
8 | to interception, under circumstances reasonably justifying the
| ||||||
9 | expectation. Circumstances that reasonably justify the | ||||||
10 | expectation that
a communication is not subject to interception | ||||||
11 | include the use of a
cordless telephone or cellular | ||||||
12 | communication device.
| ||||||
13 | (p) "Wire communication" means any human speech used to | ||||||
14 | communicate by
one party to another in whole or in part through | ||||||
15 | the use of facilities for
the transmission of communications by | ||||||
16 | wire, cable or other like
connection between the point of | ||||||
17 | origin and the point of reception
furnished or operated by a | ||||||
18 | communications common carrier.
| ||||||
19 | (q) "Privileged communications" means a private
| ||||||
20 | communication between:
| ||||||
21 | (1) a licensed and practicing physician and a patient | ||||||
22 | within the scope
of the profession of the physician;
| ||||||
23 | (2) a licensed and practicing psychologist to a patient | ||||||
24 | within the
scope of the profession of the psychologist;
| ||||||
25 | (3) a licensed and practicing attorney-at-law and a | ||||||
26 | client within the
scope of the profession of the lawyer;
| ||||||
27 | (4) a practicing clergyman and a confidant within the | ||||||
28 | scope of the
profession of the clergyman;
| ||||||
29 | (5) a practicing journalist within the scope of his | ||||||
30 | profession;
| ||||||
31 | (6) spouses within the scope of their marital | ||||||
32 | relationship; or
| ||||||
33 | (7) a licensed and practicing social worker to a client | ||||||
34 | within the
scope of the profession of the social worker.
| ||||||
35 | (r) "Retired law
enforcement officer" means a person: (1) | ||||||
36 | who is a graduate of a
police training institute or academy, |
| |||||||
| |||||||
1 | who after graduating served for
at least 15 consecutive years | ||||||
2 | as a sworn, full-time peace officer
qualified to carry firearms | ||||||
3 | for any federal or State department or
agency or for any unit | ||||||
4 | of local government of Illinois; (2) who has
retired as a | ||||||
5 | local, State, or federal peace officer in a
publicly created | ||||||
6 | peace officer retirement system; and (3) whose
service in law | ||||||
7 | enforcement was honorably terminated through
retirement or | ||||||
8 | disability and not as a result of discipline, suspension,
or | ||||||
9 | discharge.
| ||||||
10 | (Source: P.A. 92-854, eff. 12-5-02; 92-863, eff. 1-3-03; | ||||||
11 | revised 1-9-03.)
| ||||||
12 | Section 100. The Unified Code of Corrections is amended by | ||||||
13 | changing Sections 3-6-3, 5-4-1, and 5-6-3 as follows:
| ||||||
14 | (730 ILCS 5/3-6-3) (from Ch. 38, par. 1003-6-3)
| ||||||
15 | Sec. 3-6-3. Rules and Regulations for Early Release.
| ||||||
16 | (a) (1) The Department of Corrections shall prescribe | ||||||
17 | rules
and regulations for the early release on account of | ||||||
18 | good
conduct of persons committed to the Department which | ||||||
19 | shall
be subject to review by the Prisoner Review Board.
| ||||||
20 | (2) The rules and regulations on early release shall | ||||||
21 | provide, with
respect to offenses committed on or after | ||||||
22 | June 19, 1998, the following:
| ||||||
23 | (i) that a prisoner who is serving a term of | ||||||
24 | imprisonment for first
degree murder or for the offense | ||||||
25 | of terrorism shall receive no good conduct
credit and | ||||||
26 | shall serve the entire
sentence imposed by the court;
| ||||||
27 | (ii) that a prisoner serving a sentence for attempt | ||||||
28 | to commit first
degree murder, solicitation of murder, | ||||||
29 | solicitation of murder for hire,
intentional homicide | ||||||
30 | of an unborn child, predatory criminal sexual assault | ||||||
31 | of a
child, aggravated criminal sexual assault, | ||||||
32 | criminal sexual assault, aggravated
kidnapping, | ||||||
33 | aggravated battery with a firearm, heinous battery, | ||||||
34 | aggravated
battery of a senior citizen, or aggravated |
| |||||||
| |||||||
1 | battery of a child shall receive no
more than 4.5 days | ||||||
2 | of good conduct credit for each month of his or her | ||||||
3 | sentence
of imprisonment; and
| ||||||
4 | (iii) that a prisoner serving a sentence
for home | ||||||
5 | invasion, armed robbery, aggravated vehicular | ||||||
6 | hijacking,
aggravated discharge of a firearm, or armed | ||||||
7 | violence with a category I weapon
or category II | ||||||
8 | weapon, when the court
has made and entered a finding, | ||||||
9 | pursuant to subsection (c-1) of Section 5-4-1
of this | ||||||
10 | Code, that the conduct leading to conviction for the | ||||||
11 | enumerated offense
resulted in great bodily harm to a | ||||||
12 | victim, shall receive no more than 4.5 days
of good | ||||||
13 | conduct credit for each month of his or her sentence of | ||||||
14 | imprisonment.
| ||||||
15 | (2.1) For all offenses, other than those enumerated in | ||||||
16 | subdivision (a)(2)
committed on or after June 19, 1998, and | ||||||
17 | other than the offense of reckless
homicide as defined in | ||||||
18 | subsection (e) of Section 9-3 of the Criminal Code of
1961 | ||||||
19 | committed on or after January 1, 1999,
or aggravated | ||||||
20 | driving under the influence of alcohol, other drug or | ||||||
21 | drugs, or
intoxicating compound or compounds, or any | ||||||
22 | combination thereof as defined in
subparagraph (F) of | ||||||
23 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
24 | Illinois Vehicle Code,
the rules and regulations shall
| ||||||
25 | provide that a prisoner who is serving a term of
| ||||||
26 | imprisonment shall receive one day of good conduct credit | ||||||
27 | for each day of
his or her sentence of imprisonment or | ||||||
28 | recommitment under Section 3-3-9.
Each day of good conduct | ||||||
29 | credit shall reduce by one day the prisoner's period
of | ||||||
30 | imprisonment or recommitment under Section 3-3-9.
| ||||||
31 | (2.2) A prisoner serving a term of natural life | ||||||
32 | imprisonment or a
prisoner who has been sentenced to death | ||||||
33 | shall receive no good conduct
credit.
| ||||||
34 | (2.3) The rules and regulations on early release shall | ||||||
35 | provide that
a prisoner who is serving a sentence for | ||||||
36 | reckless homicide as defined in
subsection (e) of Section |
| |||||||
| |||||||
1 | 9-3 of the Criminal Code of 1961 committed on or
after | ||||||
2 | January 1, 1999, or aggravated driving under the influence | ||||||
3 | of alcohol,
other drug or drugs, or intoxicating compound | ||||||
4 | or compounds, or any combination
thereof as defined in | ||||||
5 | subparagraph (F) of paragraph (1) of subsection (d) of
| ||||||
6 | Section 11-501 of the Illinois Vehicle Code, shall receive | ||||||
7 | no more than 4.5
days of good conduct credit for each month | ||||||
8 | of his or her sentence of
imprisonment.
| ||||||
9 | (2.4) The rules and regulations on early release shall | ||||||
10 | provide with
respect to the offenses of aggravated battery | ||||||
11 | with a machine gun or a firearm
equipped with any device or | ||||||
12 | attachment designed or used for silencing the
report of a | ||||||
13 | firearm or aggravated discharge of a machine gun or a | ||||||
14 | firearm
equipped with any device or attachment designed or | ||||||
15 | used for silencing the
report of a firearm, committed on or | ||||||
16 | after
July 15, 1999 ( the effective date of Public Act | ||||||
17 | 91-121)
this
amendatory Act of 1999 ,
that a prisoner | ||||||
18 | serving a sentence for any of these offenses shall receive | ||||||
19 | no
more than 4.5 days of good conduct credit for each month | ||||||
20 | of his or her sentence
of imprisonment.
| ||||||
21 | (2.5) The rules and regulations on early release shall | ||||||
22 | provide that a
prisoner who is serving a sentence for | ||||||
23 | aggravated arson committed on or after
July 27, 2001 ( the | ||||||
24 | effective date of Public Act 92-176)
this
amendatory Act of | ||||||
25 | the 92nd 93rd General Assembly shall receive no more than
| ||||||
26 | 4.5 days of good conduct credit for each month of his or | ||||||
27 | her sentence of
imprisonment.
| ||||||
28 | (3) The rules and regulations shall also provide that
| ||||||
29 | the Director may award up to 180 days additional good | ||||||
30 | conduct
credit for meritorious service in specific | ||||||
31 | instances as the
Director deems proper; except that no more | ||||||
32 | than 90 days
of good conduct credit for meritorious service
| ||||||
33 | shall be awarded to any prisoner who is serving a sentence | ||||||
34 | for
conviction of first degree murder, reckless homicide | ||||||
35 | while under the
influence of alcohol or any other drug,
or | ||||||
36 | aggravated driving under the influence of alcohol, other |
| |||||||
| |||||||
1 | drug or drugs, or
intoxicating compound or compounds, or | ||||||
2 | any combination thereof as defined in
subparagraph (F) of | ||||||
3 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
4 | Illinois Vehicle Code, aggravated kidnapping, kidnapping,
| ||||||
5 | predatory criminal sexual assault of a child,
aggravated | ||||||
6 | criminal sexual assault, criminal sexual assault, deviate | ||||||
7 | sexual
assault, aggravated criminal sexual abuse, | ||||||
8 | aggravated indecent liberties
with a child, indecent | ||||||
9 | liberties with a child, child pornography, heinous
| ||||||
10 | battery, aggravated battery of a spouse, aggravated | ||||||
11 | battery of a spouse
with a firearm, stalking, aggravated | ||||||
12 | stalking, aggravated battery of a child,
endangering the | ||||||
13 | life or health of a child, cruelty to a child, or narcotic
| ||||||
14 | racketeering. Notwithstanding the foregoing, good conduct | ||||||
15 | credit for
meritorious service shall not be awarded on a
| ||||||
16 | sentence of imprisonment imposed for conviction of: (i) one | ||||||
17 | of the offenses
enumerated in subdivision (a)(2) when the | ||||||
18 | offense is committed on or after
June 19, 1998, (ii) | ||||||
19 | reckless homicide as
defined in subsection (e) of Section | ||||||
20 | 9-3 of the Criminal Code of 1961 when
the offense is | ||||||
21 | committed on or after January 1, 1999,
or aggravated | ||||||
22 | driving under the influence of alcohol, other drug or | ||||||
23 | drugs, or
intoxicating compound or compounds, or any | ||||||
24 | combination thereof as defined in
subparagraph (F) of | ||||||
25 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
26 | Illinois Vehicle Code, (iii) one of the offenses enumerated | ||||||
27 | in subdivision
(a)(2.4) when the offense is committed on or | ||||||
28 | after
July 15, 1999 ( the effective date of Public Act | ||||||
29 | 91-121)
this
amendatory Act of 1999 ,
or (iv) aggravated | ||||||
30 | arson when the offense is committed
on or after July 27, | ||||||
31 | 2001 ( the effective date of Public Act 92-176)
this | ||||||
32 | amendatory Act of the 92nd 93rd General Assembly .
| ||||||
33 | (4) The rules and regulations shall also provide that | ||||||
34 | the good conduct
credit accumulated and retained under | ||||||
35 | paragraph (2.1) of subsection (a) of
this Section by any | ||||||
36 | inmate during specific periods of time in which such
inmate |
| |||||||
| |||||||
1 | is engaged full-time in substance abuse programs, | ||||||
2 | correctional
industry assignments, or educational programs | ||||||
3 | provided by the Department
under this paragraph (4) and | ||||||
4 | satisfactorily completes the assigned program as
| ||||||
5 | determined by the standards of the Department, shall be | ||||||
6 | multiplied by a factor
of 1.25 for program participation | ||||||
7 | before August 11, 1993
and 1.50 for program participation | ||||||
8 | on or after that date.
However, no inmate shall be eligible | ||||||
9 | for the additional good conduct credit
under this paragraph | ||||||
10 | (4) while assigned to a boot camp, mental health unit,
or | ||||||
11 | electronic detention, or if convicted of an offense | ||||||
12 | enumerated in
paragraph (a)(2) of this Section that is | ||||||
13 | committed on or after June 19,
1998, or if convicted of | ||||||
14 | reckless homicide as defined in subsection (e) of
Section | ||||||
15 | 9-3 of the Criminal Code of 1961 if the offense is | ||||||
16 | committed on or
after January 1, 1999,
or aggravated | ||||||
17 | driving under the influence of alcohol, other drug or | ||||||
18 | drugs, or
intoxicating compound or compounds, or any | ||||||
19 | combination thereof as defined in
subparagraph (F) of | ||||||
20 | paragraph (1) of subsection (d) of Section 11-501 of the
| ||||||
21 | Illinois Vehicle Code, or if convicted of an offense | ||||||
22 | enumerated in paragraph
(a)(2.4) of this Section that is | ||||||
23 | committed on or after
July 15, 1999 ( the effective date of | ||||||
24 | Public Act 91-121)
this
amendatory Act of 1999 ,
or first | ||||||
25 | degree murder, a Class X felony, criminal sexual
assault, | ||||||
26 | felony criminal sexual abuse, aggravated criminal sexual | ||||||
27 | abuse,
aggravated battery with a firearm, or any | ||||||
28 | predecessor or successor offenses
with the same or | ||||||
29 | substantially the same elements, or any inchoate offenses
| ||||||
30 | relating to the foregoing offenses. No inmate shall be | ||||||
31 | eligible for the
additional good conduct credit under this | ||||||
32 | paragraph (4) who (i) has previously
received increased | ||||||
33 | good conduct credit under this paragraph (4) and has
| ||||||
34 | subsequently been convicted of a
felony, or (ii) has | ||||||
35 | previously served more than one prior sentence of
| ||||||
36 | imprisonment for a felony in an adult correctional |
| |||||||
| |||||||
1 | facility.
| ||||||
2 | Educational, vocational, substance abuse and | ||||||
3 | correctional
industry programs under which good conduct | ||||||
4 | credit may be increased under
this paragraph (4) shall be | ||||||
5 | evaluated by the Department on the basis of
documented | ||||||
6 | standards. The Department shall report the results of these
| ||||||
7 | evaluations to the Governor and the General Assembly by | ||||||
8 | September 30th of each
year. The reports shall include data | ||||||
9 | relating to the recidivism rate among
program | ||||||
10 | participants.
| ||||||
11 | Availability of these programs shall be subject to the
| ||||||
12 | limits of fiscal resources appropriated by the General | ||||||
13 | Assembly for these
purposes. Eligible inmates who are | ||||||
14 | denied immediate admission shall be
placed on a waiting | ||||||
15 | list under criteria established by the Department.
The | ||||||
16 | inability of any inmate to become engaged in any such | ||||||
17 | programs
by reason of insufficient program resources or for | ||||||
18 | any other reason
established under the rules and | ||||||
19 | regulations of the Department shall not be
deemed a cause | ||||||
20 | of action under which the Department or any employee or
| ||||||
21 | agent of the Department shall be liable for damages to the | ||||||
22 | inmate.
| ||||||
23 | (4.5) The rules and regulations on early release shall | ||||||
24 | also provide that
a prisoner who is serving a sentence for | ||||||
25 | a crime committed as a result of the
use of, abuse of, or | ||||||
26 | addiction to alcohol or a controlled substance and the
| ||||||
27 | crime was committed on or after September 1, 2003 ( the | ||||||
28 | effective date of
Public Act 93-354)
this Amendatory Act of | ||||||
29 | the 93rd General Assembly
shall receive no good conduct | ||||||
30 | credit until he or she participates in and
completes a | ||||||
31 | substance abuse treatment program. Good conduct credit | ||||||
32 | awarded
under clauses (2), (3), and (4) of this subsection | ||||||
33 | (a) for crimes committed on
or after September 1, 2003
the | ||||||
34 | effective date of this amendatory Act of
the 93rd General | ||||||
35 | Assembly is subject to the provisions of this clause (4.5).
| ||||||
36 | If the prisoner completes a substance abuse treatment |
| |||||||
| |||||||
1 | program, the Department
may award good conduct credit for | ||||||
2 | the time spent in treatment. Availability of
substance | ||||||
3 | abuse treatment shall be subject to the limits of fiscal | ||||||
4 | resources
appropriated by the General Assembly for these | ||||||
5 | purposes. If treatment is not
available, the prisoner shall | ||||||
6 | be placed on a waiting list under criteria
established by | ||||||
7 | the Department. The Department may require a prisoner | ||||||
8 | placed on
a waiting list to attend a substance abuse | ||||||
9 | education class or attend substance
abuse self-help | ||||||
10 | meetings. A prisoner may not lose good conduct credit as a
| ||||||
11 | result of being placed on a waiting list. A prisoner placed | ||||||
12 | on a waiting list
remains eligible for increased good | ||||||
13 | conduct credit for participation in an
educational, | ||||||
14 | vocational, or correctional industry program under clause | ||||||
15 | (4) of
subsection (a) of this Section.
| ||||||
16 | (5) Whenever the Department is to release any inmate | ||||||
17 | earlier than it
otherwise would because of a grant of good | ||||||
18 | conduct credit for meritorious
service given at any time | ||||||
19 | during the term, the Department shall give
reasonable | ||||||
20 | advance notice of the impending release to the State's
| ||||||
21 | Attorney of the county where the prosecution of the inmate | ||||||
22 | took place.
| ||||||
23 | (b) Whenever a person is or has been committed under
| ||||||
24 | several convictions, with separate sentences, the sentences
| ||||||
25 | shall be construed under Section 5-8-4 in granting and
| ||||||
26 | forfeiting of good time.
| ||||||
27 | (c) The Department shall prescribe rules and regulations
| ||||||
28 | for revoking good conduct credit, or suspending or reducing
the | ||||||
29 | rate of accumulation of good conduct credit for specific
rule | ||||||
30 | violations, during imprisonment. These rules and regulations
| ||||||
31 | shall provide that no inmate may be penalized more than one
| ||||||
32 | year of good conduct credit for any one infraction.
| ||||||
33 | When the Department seeks to revoke, suspend or reduce
the | ||||||
34 | rate of accumulation of any good conduct credits for
an alleged | ||||||
35 | infraction of its rules, it shall bring charges
therefor | ||||||
36 | against the prisoner sought to be so deprived of
good conduct |
| |||||||
| |||||||
1 | credits before the Prisoner Review Board as
provided in | ||||||
2 | subparagraph (a)(4) of Section 3-3-2 of this
Code, if the | ||||||
3 | amount of credit at issue exceeds 30 days or
when during any 12 | ||||||
4 | month period, the cumulative amount of
credit revoked exceeds | ||||||
5 | 30 days except where the infraction is committed
or discovered | ||||||
6 | within 60 days of scheduled release. In those cases,
the | ||||||
7 | Department of Corrections may revoke up to 30 days of good | ||||||
8 | conduct credit.
The Board may subsequently approve the | ||||||
9 | revocation of additional good
conduct credit, if the Department | ||||||
10 | seeks to revoke good conduct credit in
excess of 30 days. | ||||||
11 | However, the Board shall not be empowered to review the
| ||||||
12 | Department's decision with respect to the loss of 30 days of | ||||||
13 | good conduct
credit within any calendar year for any prisoner | ||||||
14 | or to increase any penalty
beyond the length requested by the | ||||||
15 | Department.
| ||||||
16 | The Director of the Department of Corrections, in | ||||||
17 | appropriate cases, may
restore up to 30 days good conduct | ||||||
18 | credits which have been revoked, suspended
or reduced. Any | ||||||
19 | restoration of good conduct credits in excess of 30 days shall
| ||||||
20 | be subject to review by the Prisoner Review Board. However, the | ||||||
21 | Board may not
restore good conduct credit in excess of the | ||||||
22 | amount requested by the Director.
| ||||||
23 | Nothing contained in this Section shall prohibit the | ||||||
24 | Prisoner Review Board
from ordering, pursuant to Section | ||||||
25 | 3-3-9(a)(3)(i)(B), that a prisoner serve up
to one year of the | ||||||
26 | sentence imposed by the court that was not served due to the
| ||||||
27 | accumulation of good conduct credit.
| ||||||
28 | (d) If a lawsuit is filed by a prisoner in an Illinois or | ||||||
29 | federal court
against the State, the Department of Corrections, | ||||||
30 | or the Prisoner Review Board,
or against any of
their officers | ||||||
31 | or employees, and the court makes a specific finding that a
| ||||||
32 | pleading, motion, or other paper filed by the prisoner is | ||||||
33 | frivolous, the
Department of Corrections shall conduct a | ||||||
34 | hearing to revoke up to
180 days of good conduct credit by | ||||||
35 | bringing charges against the prisoner
sought to be deprived of | ||||||
36 | the good conduct credits before the Prisoner Review
Board as |
| |||||||
| |||||||
1 | provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
| ||||||
2 | If the prisoner has not accumulated 180 days of good conduct | ||||||
3 | credit at the
time of the finding, then the Prisoner Review | ||||||
4 | Board may revoke all
good conduct credit accumulated by the | ||||||
5 | prisoner.
| ||||||
6 | For purposes of this subsection (d):
| ||||||
7 | (1) "Frivolous" means that a pleading, motion, or other | ||||||
8 | filing which
purports to be a legal document filed by a | ||||||
9 | prisoner in his or her lawsuit meets
any or all of the | ||||||
10 | following criteria:
| ||||||
11 | (A) it lacks an arguable basis either in law or in | ||||||
12 | fact;
| ||||||
13 | (B) it is being presented for any improper purpose, | ||||||
14 | such as to harass or
to cause unnecessary delay or | ||||||
15 | needless increase in the cost of litigation;
| ||||||
16 | (C) the claims, defenses, and other legal | ||||||
17 | contentions therein are not
warranted by existing law | ||||||
18 | or by a nonfrivolous argument for the extension,
| ||||||
19 | modification, or reversal of existing law or the | ||||||
20 | establishment of new law;
| ||||||
21 | (D) the allegations and other factual contentions | ||||||
22 | do not have
evidentiary
support or, if specifically so | ||||||
23 | identified, are not likely to have evidentiary
support | ||||||
24 | after a reasonable opportunity for further | ||||||
25 | investigation or discovery;
or
| ||||||
26 | (E) the denials of factual contentions are not | ||||||
27 | warranted on the
evidence, or if specifically so | ||||||
28 | identified, are not reasonably based on a lack
of | ||||||
29 | information or belief.
| ||||||
30 | (2) "Lawsuit" means a petition for post-conviction | ||||||
31 | relief under Article
122 of the Code of Criminal Procedure | ||||||
32 | of 1963, a motion pursuant to Section
116-3 of the Code of | ||||||
33 | Criminal Procedure of 1963, a habeas corpus action under
| ||||||
34 | Article X of the Code of Civil Procedure or under federal | ||||||
35 | law (28 U.S.C. 2254),
a petition for claim under the Court | ||||||
36 | of Claims Act or an action under the
federal Civil Rights |
| |||||||
| |||||||
1 | Act (42 U.S.C. 1983).
| ||||||
2 | (e) Nothing in Public Act 90-592 or 90-593
this amendatory | ||||||
3 | Act of
1998 affects the validity of Public Act 89-404.
| ||||||
4 | (Source: P.A. 92-176, eff. 7-27-01; 92-854, eff. 12-5-02; | ||||||
5 | 93-213, eff.
7-18-03; 93-354, eff. 9-1-03; revised 10-15-03.)
| ||||||
6 | (730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
| ||||||
7 | Sec. 5-4-1. Sentencing Hearing.
| ||||||
8 | (a) Except when the death penalty is
sought under hearing | ||||||
9 | procedures otherwise specified, after a
determination of | ||||||
10 | guilt, a hearing shall be held to impose the sentence.
However, | ||||||
11 | prior to the imposition of sentence on an individual being
| ||||||
12 | sentenced for an offense based upon a charge for a violation of | ||||||
13 | Section
11-501 of the Illinois Vehicle Code or a similar | ||||||
14 | provision of a local
ordinance, the individual must undergo a | ||||||
15 | professional evaluation to
determine if an alcohol or other | ||||||
16 | drug abuse problem exists and the extent
of such a problem. | ||||||
17 | Programs conducting these evaluations shall be
licensed by the | ||||||
18 | Department of Human Services. However, if the individual is
not | ||||||
19 | a resident of Illinois, the court
may, in its discretion, | ||||||
20 | accept an evaluation from a program in the state of
such | ||||||
21 | individual's residence. The court may in its sentencing order | ||||||
22 | approve an
eligible defendant for placement in a Department of | ||||||
23 | Corrections impact
incarceration program as provided in | ||||||
24 | Section 5-8-1.1 or 5-8-1.3. At the
hearing the court
shall:
| ||||||
25 | (1) consider the evidence, if any, received upon the | ||||||
26 | trial;
| ||||||
27 | (2) consider any presentence reports;
| ||||||
28 | (3) consider the financial impact of incarceration | ||||||
29 | based on the
financial impact statement filed with the | ||||||
30 | clerk of the court by the
Department of Corrections;
| ||||||
31 | (4) consider evidence and information offered by the | ||||||
32 | parties in
aggravation and mitigation;
| ||||||
33 | (5) hear arguments as to sentencing alternatives;
| ||||||
34 | (6) afford the defendant the opportunity to make a | ||||||
35 | statement in his
own behalf;
|
| |||||||
| |||||||
1 | (7) afford the victim of a violent crime or a violation | ||||||
2 | of Section
11-501 of the Illinois Vehicle Code, or a | ||||||
3 | similar provision of a local
ordinance, or a qualified | ||||||
4 | individual affected by: (i) a violation of Section
405, | ||||||
5 | 405.1, 405.2, or 407 of the Illinois Controlled Substances | ||||||
6 | Act,
or (ii) a Class 4 felony violation of Section 11-14, | ||||||
7 | 11-15, 11-17, 11-18,
11-18.1, or 11-19 of the Criminal Code | ||||||
8 | of 1961,
committed by the defendant the opportunity to make | ||||||
9 | a statement
concerning the impact on the victim and to | ||||||
10 | offer evidence in aggravation or
mitigation; provided that | ||||||
11 | the statement and evidence offered in aggravation
or | ||||||
12 | mitigation must first be prepared in writing in conjunction | ||||||
13 | with the
State's Attorney before it may be presented orally | ||||||
14 | at the hearing. Any
sworn testimony offered by the victim | ||||||
15 | is subject to the defendant's right
to cross-examine. All | ||||||
16 | statements and evidence offered under this paragraph
(7) | ||||||
17 | shall become part of the record of the court. For the | ||||||
18 | purpose of this
paragraph (7), "qualified individual" | ||||||
19 | means any person who (i) lived or worked
within the | ||||||
20 | territorial jurisdiction where the offense took place when | ||||||
21 | the
offense took place;
and (ii) is familiar with various | ||||||
22 | public places within the territorial
jurisdiction where
| ||||||
23 | the offense took place when the offense took place. For the | ||||||
24 | purposes of
this paragraph (7), "qualified individual" | ||||||
25 | includes any peace officer,
or any member of any duly | ||||||
26 | organized State, county, or municipal peace unit
assigned | ||||||
27 | to the territorial jurisdiction where the offense took | ||||||
28 | place when the
offense took
place;
| ||||||
29 | (8) in cases of reckless homicide afford the victim's | ||||||
30 | spouse,
guardians, parents or other immediate family | ||||||
31 | members an opportunity to make
oral statements; and
| ||||||
32 | (9) in cases involving a felony sex offense as defined | ||||||
33 | under the Sex
Offender
Management Board Act, consider the | ||||||
34 | results of the sex offender evaluation
conducted pursuant | ||||||
35 | to Section 5-3-2 of this Act.
| ||||||
36 | (b) All sentences shall be imposed by the judge based upon |
| |||||||
| |||||||
1 | his
independent assessment of the elements specified above and | ||||||
2 | any agreement
as to sentence reached by the parties. The judge | ||||||
3 | who presided at the
trial or the judge who accepted the plea of | ||||||
4 | guilty shall impose the
sentence unless he is no longer sitting | ||||||
5 | as a judge in that court. Where
the judge does not impose | ||||||
6 | sentence at the same time on all defendants
who are convicted | ||||||
7 | as a result of being involved in the same offense, the
| ||||||
8 | defendant or the State's Attorney may advise the sentencing | ||||||
9 | court of the
disposition of any other defendants who have been | ||||||
10 | sentenced.
| ||||||
11 | (c) In imposing a sentence for a violent crime or for an | ||||||
12 | offense of
operating or being in physical control of a vehicle | ||||||
13 | while under the
influence of alcohol, any other drug or any | ||||||
14 | combination thereof, or a
similar provision of a local | ||||||
15 | ordinance, when such offense resulted in the
personal injury to | ||||||
16 | someone other than the defendant, the trial judge shall
specify | ||||||
17 | on the record the particular evidence, information, factors in
| ||||||
18 | mitigation and aggravation or other reasons that led to his | ||||||
19 | sentencing
determination. The full verbatim record of the | ||||||
20 | sentencing hearing shall be
filed with the clerk of the court | ||||||
21 | and shall be a public record.
| ||||||
22 | (c-1) In imposing a sentence for the offense of aggravated | ||||||
23 | kidnapping for
ransom, home invasion, armed robbery, | ||||||
24 | aggravated vehicular hijacking,
aggravated discharge of a | ||||||
25 | firearm, or armed violence with a category I weapon
or category | ||||||
26 | II weapon,
the trial judge shall make a finding as to whether | ||||||
27 | the conduct leading to
conviction for the offense resulted in | ||||||
28 | great bodily harm to a victim, and
shall enter that finding and | ||||||
29 | the basis for that finding in the record.
| ||||||
30 | (c-2) If the defendant is sentenced to prison, other than | ||||||
31 | when a sentence of
natural life imprisonment or a sentence of | ||||||
32 | death is imposed, at the time
the sentence is imposed the judge | ||||||
33 | shall
state on the record in open court the approximate period | ||||||
34 | of time the defendant
will serve in custody according to the | ||||||
35 | then current statutory rules and
regulations for early release | ||||||
36 | found in Section 3-6-3 and other related
provisions of this |
| |||||||
| |||||||
1 | Code. This statement is intended solely to inform the
public, | ||||||
2 | has no legal effect on the defendant's actual release, and may | ||||||
3 | not be
relied on by the defendant on appeal.
| ||||||
4 | The judge's statement, to be given after pronouncing the | ||||||
5 | sentence, other than
when the sentence is imposed for one of | ||||||
6 | the offenses enumerated in paragraph
(a)(3) of Section 3-6-3, | ||||||
7 | shall include the following:
| ||||||
8 | "The purpose of this statement is to inform the public of | ||||||
9 | the actual period
of time this defendant is likely to spend in | ||||||
10 | prison as a result of this
sentence. The actual period of | ||||||
11 | prison time served is determined by the
statutes of Illinois as | ||||||
12 | applied to this sentence by the Illinois Department of
| ||||||
13 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
14 | case, assuming the defendant
receives all of his or her good | ||||||
15 | conduct credit, the period of estimated actual
custody is ... | ||||||
16 | years and ... months, less up to 180 days additional good
| ||||||
17 | conduct credit for meritorious service. If the defendant, | ||||||
18 | because of his or
her own misconduct or failure to comply with | ||||||
19 | the institutional regulations,
does not receive those credits, | ||||||
20 | the actual time served in prison will be
longer. The defendant | ||||||
21 | may also receive an additional one-half day good conduct
credit | ||||||
22 | for each day of participation in vocational, industry, | ||||||
23 | substance abuse,
and educational programs as provided for by | ||||||
24 | Illinois statute."
| ||||||
25 | When the sentence is imposed for one of the offenses | ||||||
26 | enumerated in paragraph
(a)(3) of Section 3-6-3, other than | ||||||
27 | when the sentence is imposed for one of the
offenses enumerated | ||||||
28 | in paragraph (a)(2) of Section 3-6-3 committed on or after
June | ||||||
29 | 19, 1998, and other than when the sentence is imposed for
| ||||||
30 | reckless homicide as defined in subsection (e) of Section 9-3 | ||||||
31 | of the Criminal
Code of 1961 if the offense was committed on or | ||||||
32 | after January 1, 1999, and
other than when the sentence is | ||||||
33 | imposed for aggravated arson if the offense was
committed on or | ||||||
34 | after July 27, 2001 ( the effective date of Public Act
92-176)
| ||||||
35 | this amendatory Act of the 92nd 93rd General Assembly , the
| ||||||
36 | judge's statement, to be given after pronouncing the sentence, |
| |||||||
| |||||||
1 | 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 in | ||||||
4 | prison as a result of this
sentence. The actual period of | ||||||
5 | prison time served is determined by the
statutes of Illinois as | ||||||
6 | applied to this sentence by the Illinois Department of
| ||||||
7 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
8 | case,
assuming the defendant
receives all of his or her good | ||||||
9 | conduct credit, the period of estimated actual
custody is ... | ||||||
10 | years and ... months, less up to 90 days additional good
| ||||||
11 | conduct credit for meritorious service. If the defendant, | ||||||
12 | because of his or
her own misconduct or failure to comply with | ||||||
13 | the institutional regulations,
does not receive those credits, | ||||||
14 | the actual time served in prison will be
longer. The defendant | ||||||
15 | may also receive an additional one-half day good conduct
credit | ||||||
16 | for each day of participation in vocational, industry, | ||||||
17 | substance abuse,
and educational programs as provided for by | ||||||
18 | Illinois statute."
| ||||||
19 | When the sentence is imposed for one of the offenses | ||||||
20 | enumerated in paragraph
(a)(2) of Section 3-6-3, other than | ||||||
21 | first degree murder, and the offense was
committed on or after | ||||||
22 | June 19, 1998, and when the sentence is imposed for
reckless | ||||||
23 | homicide as defined in subsection (e) of Section 9-3 of the | ||||||
24 | Criminal
Code of 1961 if the offense was committed on or after | ||||||
25 | January 1, 1999,
and when the sentence is imposed for | ||||||
26 | aggravated driving under the influence
of alcohol, other drug | ||||||
27 | or drugs, or intoxicating compound or compounds, or
any | ||||||
28 | combination thereof as defined in subparagraph (F) of paragraph | ||||||
29 | (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle | ||||||
30 | Code, and when
the sentence is imposed for aggravated arson if | ||||||
31 | the offense was committed
on or after July 27, 2001 ( the | ||||||
32 | effective date of Public Act 92-176)
this amendatory Act of the | ||||||
33 | 92nd 93rd General Assembly , the judge's
statement, to be given | ||||||
34 | after pronouncing the sentence, shall include the
following:
| ||||||
35 | "The purpose of this statement is to inform the public of | ||||||
36 | the actual period
of time this defendant is likely to spend in |
| |||||||
| |||||||
1 | prison as a result of this
sentence. The actual period of | ||||||
2 | prison time served is determined by the
statutes of Illinois as | ||||||
3 | applied to this sentence by the Illinois Department of
| ||||||
4 | Corrections and
the Illinois Prisoner Review Board. In this | ||||||
5 | case,
the defendant is entitled to no more than 4 1/2 days of | ||||||
6 | good conduct credit for
each month of his or her sentence of | ||||||
7 | imprisonment. Therefore, this defendant
will serve at least 85% | ||||||
8 | of his or her sentence. Assuming the defendant
receives 4 1/2 | ||||||
9 | days credit for each month of his or her sentence, the period
| ||||||
10 | of estimated actual custody is ... years and ... months. If the | ||||||
11 | defendant,
because of his or her own misconduct or failure to | ||||||
12 | comply with the
institutional regulations receives lesser | ||||||
13 | credit, the actual time served in
prison will be longer."
| ||||||
14 | When a sentence of imprisonment is imposed for first degree | ||||||
15 | murder and
the offense was committed on or after June 19, 1998, | ||||||
16 | the judge's statement,
to be given after pronouncing the | ||||||
17 | sentence, shall include the following:
| ||||||
18 | "The purpose of this statement is to inform the public of | ||||||
19 | the actual period
of time this defendant is likely to spend in | ||||||
20 | prison as a result of this
sentence. The actual period of | ||||||
21 | prison time served is determined by the
statutes of Illinois as | ||||||
22 | applied to this sentence by the Illinois Department
of | ||||||
23 | Corrections and the Illinois Prisoner Review Board. In this | ||||||
24 | case, the
defendant is not entitled to good conduct credit. | ||||||
25 | Therefore, this defendant
will serve 100% of his or her | ||||||
26 | sentence."
| ||||||
27 | When the sentence is imposed for any offense that results | ||||||
28 | in incarceration
in a Department of Corrections facility | ||||||
29 | committed as a result of the use of,
abuse of, or addiction to | ||||||
30 | alcohol or a controlled substance and the crime was
committed | ||||||
31 | on or after September 1, 2003 ( the effective date of Public Act
| ||||||
32 | 93-354)
this amendatory Act of the 93rd General Assembly , the | ||||||
33 | judge's
statement, in addition to any other judge's statement | ||||||
34 | required under this
Section, to be given after pronouncing the | ||||||
35 | sentence, shall include the
following:
| ||||||
36 | "The purpose of this statement is to inform the public of
|
| |||||||
| |||||||
1 | the actual period of time this defendant is likely to spend in
| ||||||
2 | prison as a result of this sentence. The actual period of
| ||||||
3 | prison time served is determined by the statutes of Illinois as
| ||||||
4 | applied to this sentence by the Illinois Department of
| ||||||
5 | Corrections and the Illinois Prisoner Review Board. In this
| ||||||
6 | case, the defendant shall receive no good conduct credit until | ||||||
7 | he or
she participates in and completes a substance abuse | ||||||
8 | treatment program."
| ||||||
9 | (d) When the defendant is committed to the Department of
| ||||||
10 | Corrections, the State's Attorney shall and counsel for the | ||||||
11 | defendant
may file a statement with the clerk of the court to | ||||||
12 | be transmitted to
the department, agency or institution to | ||||||
13 | which the defendant is
committed to furnish such department, | ||||||
14 | agency or institution with the
facts and circumstances of the | ||||||
15 | offense for which the person was
committed together with all | ||||||
16 | other factual information accessible to them
in regard to the | ||||||
17 | person prior to his commitment relative to his habits,
| ||||||
18 | associates, disposition and reputation and any other facts and
| ||||||
19 | circumstances which may aid such department, agency or | ||||||
20 | institution
during its custody of such person. The clerk shall | ||||||
21 | within 10 days after
receiving any such statements transmit a | ||||||
22 | copy to such department, agency
or institution and a copy to | ||||||
23 | the other party, provided, however, that
this shall not be | ||||||
24 | cause for delay in conveying the person to the
department, | ||||||
25 | agency or institution to which he has been committed.
| ||||||
26 | (e) The clerk of the court shall transmit to the | ||||||
27 | department,
agency or institution, if any, to which the | ||||||
28 | defendant is committed, the
following:
| ||||||
29 | (1) the sentence imposed;
| ||||||
30 | (2) any statement by the court of the basis for | ||||||
31 | imposing the sentence;
| ||||||
32 | (3) any presentence reports;
| ||||||
33 | (3.5) any sex offender evaluations;
| ||||||
34 | (4) the number of days, if any, which the defendant has | ||||||
35 | been in
custody and for which he is entitled to credit | ||||||
36 | against the sentence,
which information shall be provided |
| |||||||
| |||||||
1 | to the clerk by the sheriff;
| ||||||
2 | (4.1) any finding of great bodily harm made by the | ||||||
3 | court with respect
to an offense enumerated in subsection | ||||||
4 | (c-1);
| ||||||
5 | (5) all statements filed under subsection (d) of this | ||||||
6 | Section;
| ||||||
7 | (6) any medical or mental health records or summaries | ||||||
8 | of the defendant;
| ||||||
9 | (7) the municipality where the arrest of the offender | ||||||
10 | or the commission
of the offense has occurred, where such | ||||||
11 | municipality has a population of
more than 25,000 persons;
| ||||||
12 | (8) all statements made and evidence offered under | ||||||
13 | paragraph (7) of
subsection (a) of this Section; and
| ||||||
14 | (9) all additional matters which the court directs the | ||||||
15 | clerk to
transmit.
| ||||||
16 | (Source: P.A. 92-176, eff. 7-27-01; 92-806, eff. 1-1-03; | ||||||
17 | 93-213, eff.
7-18-03; 93-317, eff. 1-1-04; 93-354, eff. 9-1-03; | ||||||
18 | 93-616, eff. 1-1-04; revised 12-9-03.)
| ||||||
19 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
| ||||||
20 | Sec. 5-6-3. Conditions of Probation and of Conditional | ||||||
21 | Discharge.
| ||||||
22 | (a) The conditions of probation and of conditional | ||||||
23 | discharge shall be
that the person:
| ||||||
24 | (1) not violate any criminal statute of any | ||||||
25 | jurisdiction;
| ||||||
26 | (2) report to or appear in person before such person or | ||||||
27 | agency as
directed by the court;
| ||||||
28 | (3) refrain from possessing a firearm or other | ||||||
29 | dangerous weapon;
| ||||||
30 | (4) not leave the State without the consent of the | ||||||
31 | court or, in
circumstances in which the reason for the | ||||||
32 | absence is of such an emergency
nature that prior consent | ||||||
33 | by the court is not possible, without the prior
| ||||||
34 | notification and approval of the person's probation
| ||||||
35 | officer. Transfer of a person's probation or conditional |
| |||||||
| |||||||
1 | discharge
supervision to another state is subject to | ||||||
2 | acceptance by the other state
pursuant to the Interstate | ||||||
3 | Compact for Adult Offender Supervision;
| ||||||
4 | (5) permit the probation officer to visit
him at his | ||||||
5 | home or elsewhere
to the extent necessary to discharge his | ||||||
6 | duties;
| ||||||
7 | (6) perform no less than 30 hours of community service | ||||||
8 | and not more than
120 hours of community service, if | ||||||
9 | community service is available in the
jurisdiction and is | ||||||
10 | funded and approved by the county board where the offense
| ||||||
11 | was committed, where the offense was related to or in | ||||||
12 | furtherance of the
criminal activities of an organized gang | ||||||
13 | and was motivated by the offender's
membership in or | ||||||
14 | allegiance to an organized gang. The community service | ||||||
15 | shall
include, but not be limited to, the cleanup and | ||||||
16 | repair of any damage caused by
a violation of Section | ||||||
17 | 21-1.3 of the Criminal Code of 1961 and similar damage
to | ||||||
18 | property located within the municipality or county in which | ||||||
19 | the violation
occurred. When possible and reasonable, the | ||||||
20 | community service should be
performed in the offender's | ||||||
21 | neighborhood. For purposes of this Section,
"organized | ||||||
22 | gang" has the meaning ascribed to it in Section 10 of the | ||||||
23 | Illinois
Streetgang Terrorism Omnibus Prevention Act;
| ||||||
24 | (7) if he or she is at least 17 years of age and has | ||||||
25 | been sentenced to
probation or conditional discharge for a | ||||||
26 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
27 | inhabitants and has not been previously convicted of a
| ||||||
28 | misdemeanor or felony, may be required by the sentencing | ||||||
29 | court to attend
educational courses designed to prepare the | ||||||
30 | defendant for a high school diploma
and to work toward a | ||||||
31 | high school diploma or to work toward passing the high
| ||||||
32 | school level Test of General Educational Development (GED) | ||||||
33 | or to work toward
completing a vocational training program | ||||||
34 | approved by the court. The person on
probation or | ||||||
35 | conditional discharge must attend a public institution of
| ||||||
36 | education to obtain the educational or vocational training |
| |||||||
| |||||||
1 | required by this
clause (7). The court shall revoke the | ||||||
2 | probation or conditional discharge of a
person who wilfully | ||||||
3 | fails to comply with this clause (7). The person on
| ||||||
4 | probation or conditional discharge shall be required to pay | ||||||
5 | for the cost of the
educational courses or GED test, if a | ||||||
6 | fee is charged for those courses or
test. The court shall | ||||||
7 | resentence the offender whose probation or conditional
| ||||||
8 | discharge has been revoked as provided in Section 5-6-4. | ||||||
9 | This clause (7) does
not apply to a person who has a high | ||||||
10 | school diploma or has successfully passed
the GED test. | ||||||
11 | This clause (7) does not apply to a person who is | ||||||
12 | determined by
the court to be developmentally disabled or | ||||||
13 | otherwise mentally incapable of
completing the educational | ||||||
14 | or vocational program;
| ||||||
15 | (8) if convicted of possession of a substance | ||||||
16 | prohibited
by the Cannabis Control Act or Illinois | ||||||
17 | Controlled Substances Act
after a previous conviction or | ||||||
18 | disposition of supervision for possession of a
substance | ||||||
19 | prohibited by the Cannabis Control Act or Illinois | ||||||
20 | Controlled
Substances Act or after a sentence of probation | ||||||
21 | under Section 10 of the
Cannabis
Control Act or Section 410 | ||||||
22 | of the Illinois Controlled Substances Act and upon a
| ||||||
23 | finding by the court that the person is addicted, undergo | ||||||
24 | treatment at a
substance abuse program approved by the | ||||||
25 | court;
| ||||||
26 | (8.5) if convicted of a felony sex offense as defined | ||||||
27 | in the Sex
Offender
Management Board Act, the person shall | ||||||
28 | undergo and successfully complete sex
offender treatment | ||||||
29 | by a treatment provider approved by the Board and conducted
| ||||||
30 | in conformance with the standards developed under the Sex
| ||||||
31 | Offender Management Board Act; and
| ||||||
32 | (9) if convicted of a felony, physically surrender at a | ||||||
33 | time and place
designated by the court, his or her Firearm
| ||||||
34 | Owner's Identification Card and
any and all firearms in
his | ||||||
35 | or her possession.
| ||||||
36 | (b) The Court may in addition to other reasonable |
| |||||||
| |||||||
1 | conditions relating to the
nature of the offense or the | ||||||
2 | rehabilitation of the defendant as determined for
each | ||||||
3 | defendant in the proper discretion of the Court require that | ||||||
4 | the person:
| ||||||
5 | (1) serve a term of periodic imprisonment under Article | ||||||
6 | 7 for a
period not to exceed that specified in paragraph | ||||||
7 | (d) of Section 5-7-1;
| ||||||
8 | (2) pay a fine and costs;
| ||||||
9 | (3) work or pursue a course of study or vocational | ||||||
10 | training;
| ||||||
11 | (4) undergo medical, psychological or psychiatric | ||||||
12 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
13 | (5) attend or reside in a facility established for the | ||||||
14 | instruction
or residence of defendants on probation;
| ||||||
15 | (6) support his dependents;
| ||||||
16 | (7) and in addition, if a minor:
| ||||||
17 | (i) reside with his parents or in a foster home;
| ||||||
18 | (ii) attend school;
| ||||||
19 | (iii) attend a non-residential program for youth;
| ||||||
20 | (iv) contribute to his own support at home or in a | ||||||
21 | foster home;
| ||||||
22 | (v) with the consent of the superintendent of the
| ||||||
23 | facility, attend an educational program at a facility | ||||||
24 | other than the school
in which the
offense was | ||||||
25 | committed if he
or she is convicted of a crime of | ||||||
26 | violence as
defined in
Section 2 of the Crime Victims | ||||||
27 | Compensation Act committed in a school, on the
real
| ||||||
28 | property
comprising a school, or within 1,000 feet of | ||||||
29 | the real property comprising a
school;
| ||||||
30 | (8) make restitution as provided in Section 5-5-6 of | ||||||
31 | this Code;
| ||||||
32 | (9) perform some reasonable public or community | ||||||
33 | service;
| ||||||
34 | (10) serve a term of home confinement. In addition to | ||||||
35 | any other
applicable condition of probation or conditional | ||||||
36 | discharge, the
conditions of home confinement shall be that |
| |||||||
| |||||||
1 | the offender:
| ||||||
2 | (i) remain within the interior premises of the | ||||||
3 | place designated for
his confinement during the hours | ||||||
4 | designated by the court;
| ||||||
5 | (ii) admit any person or agent designated by the | ||||||
6 | court into the
offender's place of confinement at any | ||||||
7 | time for purposes of verifying
the offender's | ||||||
8 | compliance with the conditions of his confinement; and
| ||||||
9 | (iii) if further deemed necessary by the court or | ||||||
10 | the
Probation or
Court Services Department, be placed | ||||||
11 | on an approved
electronic monitoring device, subject | ||||||
12 | to Article 8A of Chapter V;
| ||||||
13 | (iv) for persons convicted of any alcohol, | ||||||
14 | cannabis or controlled
substance violation who are | ||||||
15 | placed on an approved monitoring device as a
condition | ||||||
16 | of probation or conditional discharge, the court shall | ||||||
17 | impose a
reasonable fee for each day of the use of the | ||||||
18 | device, as established by the
county board in | ||||||
19 | subsection (g) of this Section, unless after | ||||||
20 | determining the
inability of the offender to pay the | ||||||
21 | fee, the court assesses a lesser fee or no
fee as the | ||||||
22 | case may be. This fee shall be imposed in addition to | ||||||
23 | the fees
imposed under subsections (g) and (i) of this | ||||||
24 | Section. The fee shall be
collected by the clerk of the | ||||||
25 | circuit court. The clerk of the circuit
court shall pay | ||||||
26 | all monies collected from this fee to the county | ||||||
27 | treasurer
for deposit in the substance abuse services | ||||||
28 | fund under Section 5-1086.1 of
the Counties Code; and
| ||||||
29 | (v) for persons convicted of offenses other than | ||||||
30 | those referenced in
clause (iv) above and who are | ||||||
31 | placed on an approved monitoring device as a
condition | ||||||
32 | of probation or conditional discharge, the court shall | ||||||
33 | impose
a reasonable fee for each day of the use of the | ||||||
34 | device, as established by the
county board in | ||||||
35 | subsection (g) of this Section, unless after | ||||||
36 | determining the
inability of the defendant to pay the |
| |||||||
| |||||||
1 | fee, the court assesses a lesser fee or
no fee as the | ||||||
2 | case may be. This fee shall be imposed in addition to | ||||||
3 | the fees
imposed under subsections (g) and (i) of this | ||||||
4 | Section. The fee
shall be collected by the clerk of the | ||||||
5 | circuit court. The clerk of the circuit
court shall pay | ||||||
6 | all monies collected from this fee
to the county | ||||||
7 | treasurer who shall use the monies collected to defray | ||||||
8 | the
costs of corrections. The county treasurer shall | ||||||
9 | deposit the fee
collected in the county working cash | ||||||
10 | fund under Section 6-27001 or Section
6-29002 of the | ||||||
11 | Counties Code, as the case may be.
| ||||||
12 | (11) comply with the terms and conditions of an order | ||||||
13 | of protection issued
by the court pursuant to the Illinois | ||||||
14 | Domestic Violence Act of 1986,
as now or hereafter amended, | ||||||
15 | or an order of protection issued by the court of
another | ||||||
16 | state, tribe, or United States territory. A copy of the | ||||||
17 | order of
protection shall be
transmitted to the probation | ||||||
18 | officer or agency
having responsibility for the case;
| ||||||
19 | (12) reimburse any "local anti-crime program" as | ||||||
20 | defined in Section 7
of the Anti-Crime Advisory Council Act | ||||||
21 | for any reasonable expenses incurred
by the program on the | ||||||
22 | offender's case, not to exceed the maximum amount of
the | ||||||
23 | fine authorized for the offense for which the defendant was | ||||||
24 | sentenced;
| ||||||
25 | (13) contribute a reasonable sum of money, not to | ||||||
26 | exceed the maximum
amount of the fine authorized for the
| ||||||
27 | offense for which the defendant was sentenced, to a "local | ||||||
28 | anti-crime
program", as defined in Section 7 of the | ||||||
29 | Anti-Crime Advisory Council Act;
| ||||||
30 | (14) refrain from entering into a designated | ||||||
31 | geographic area except upon
such terms as the court finds | ||||||
32 | appropriate. Such terms may include
consideration of the | ||||||
33 | purpose of the entry, the time of day, other persons
| ||||||
34 | accompanying the defendant, and advance approval by a
| ||||||
35 | probation officer, if
the defendant has been placed on | ||||||
36 | probation or advance approval by the
court, if the |
| |||||||
| |||||||
1 | defendant was placed on conditional discharge;
| ||||||
2 | (15) refrain from having any contact, directly or | ||||||
3 | indirectly, with
certain specified persons or particular | ||||||
4 | types of persons, including but not
limited to members of | ||||||
5 | street gangs and drug users or dealers;
| ||||||
6 | (16) refrain from having in his or her body the | ||||||
7 | presence of any illicit
drug prohibited by the Cannabis | ||||||
8 | Control Act or the Illinois Controlled
Substances Act, | ||||||
9 | unless prescribed by a physician, and submit samples of
his | ||||||
10 | or her blood or urine or both for tests to determine the | ||||||
11 | presence of any
illicit drug.
| ||||||
12 | (c) The court may as a condition of probation or of | ||||||
13 | conditional
discharge require that a person under 18 years of | ||||||
14 | age found guilty of any
alcohol, cannabis or controlled | ||||||
15 | substance violation, refrain from acquiring
a driver's license | ||||||
16 | during
the period of probation or conditional discharge. If | ||||||
17 | such person
is in possession of a permit or license, the court | ||||||
18 | may require that
the minor refrain from driving or operating | ||||||
19 | any motor vehicle during the
period of probation or conditional | ||||||
20 | discharge, except as may be necessary in
the course of the | ||||||
21 | minor's lawful employment.
| ||||||
22 | (d) An offender sentenced to probation or to conditional | ||||||
23 | discharge
shall be given a certificate setting forth the | ||||||
24 | conditions thereof.
| ||||||
25 | (e) Except where the offender has committed a fourth or | ||||||
26 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
27 | Illinois Vehicle Code,
the court shall not require as a | ||||||
28 | condition of the sentence of
probation or conditional discharge | ||||||
29 | that the offender be committed to a
period of imprisonment in | ||||||
30 | excess of 6 months.
This 6 month limit shall not include | ||||||
31 | periods of confinement given pursuant to
a sentence of county | ||||||
32 | impact incarceration under Section 5-8-1.2.
This 6 month limit | ||||||
33 | does not apply to a person sentenced to probation as a
result | ||||||
34 | of a conviction of a fourth or subsequent violation of | ||||||
35 | subsection (c-4)
of Section 11-501 of the Illinois Vehicle Code | ||||||
36 | or a similar provision of a
local ordinance.
|
| |||||||
| |||||||
1 | Persons committed to imprisonment as a condition of | ||||||
2 | probation or
conditional discharge shall not be committed to | ||||||
3 | the Department of
Corrections.
| ||||||
4 | (f) The court may combine a sentence of periodic | ||||||
5 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
6 | incarceration program under
Article 8 with a sentence of | ||||||
7 | probation or conditional discharge.
| ||||||
8 | (g) An offender sentenced to probation or to conditional | ||||||
9 | discharge and
who during the term of either undergoes mandatory | ||||||
10 | drug or alcohol testing,
or both, or is assigned to be placed | ||||||
11 | on an approved electronic monitoring
device, shall be ordered | ||||||
12 | to pay all costs incidental to such mandatory drug
or alcohol | ||||||
13 | testing, or both, and all costs
incidental to such approved | ||||||
14 | electronic monitoring in accordance with the
defendant's | ||||||
15 | ability to pay those costs. The county board with
the | ||||||
16 | concurrence of the Chief Judge of the judicial
circuit in which | ||||||
17 | the county is located shall establish reasonable fees for
the | ||||||
18 | cost of maintenance, testing, and incidental expenses related | ||||||
19 | to the
mandatory drug or alcohol testing, or both, and all | ||||||
20 | costs incidental to
approved electronic monitoring, involved | ||||||
21 | in a successful probation program
for the county. The | ||||||
22 | concurrence of the Chief Judge shall be in the form of
an | ||||||
23 | administrative order.
The fees shall be collected by the clerk | ||||||
24 | of the circuit court. The clerk of
the circuit court shall pay | ||||||
25 | all moneys collected from these fees to the county
treasurer | ||||||
26 | who shall use the moneys collected to defray the costs of
drug | ||||||
27 | testing, alcohol testing, and electronic monitoring.
The | ||||||
28 | county treasurer shall deposit the fees collected in the
county | ||||||
29 | working cash fund under Section 6-27001 or Section 6-29002 of | ||||||
30 | the
Counties Code, as the case may be.
| ||||||
31 | (h) Jurisdiction over an offender may be transferred from | ||||||
32 | the
sentencing court to the court of another circuit with the | ||||||
33 | concurrence of
both courts. Further transfers or retransfers of
| ||||||
34 | jurisdiction are also
authorized in the same manner. The court | ||||||
35 | to which jurisdiction has been
transferred shall have the same | ||||||
36 | powers as the sentencing court.
|
| |||||||
| |||||||
1 | (i) The court shall impose upon an offender
sentenced to | ||||||
2 | probation after January 1, 1989 or to conditional discharge
| ||||||
3 | after January 1, 1992 or to community service under the | ||||||
4 | supervision of a
probation or court services department after | ||||||
5 | January 1, 2004, as a condition
of such probation or | ||||||
6 | conditional
discharge
or supervised community service, a fee of | ||||||
7 | $60
$35 $50 for each month of probation or
conditional
| ||||||
8 | discharge supervision or supervised community service ordered | ||||||
9 | by the court,
unless after
determining the inability of the | ||||||
10 | person sentenced to probation or conditional
discharge or | ||||||
11 | supervised community service to pay the
fee, the court assesses | ||||||
12 | a lesser fee. The court may not impose the fee on a
minor who is | ||||||
13 | made a ward of the State under the Juvenile Court Act of 1987
| ||||||
14 | while the minor is in placement.
The fee shall be imposed only | ||||||
15 | upon
an offender who is actively supervised by the
probation | ||||||
16 | and court services
department. The fee shall be collected by | ||||||
17 | the clerk
of the circuit court. The clerk of the circuit court | ||||||
18 | shall deposit the first $50
$25 collected from this fee to the | ||||||
19 | county treasurer for deposit in the
probation and court | ||||||
20 | services fund under Section 15.1 of the
Probation and Probation | ||||||
21 | Officers Act. The clerk of the court shall deposit $10 | ||||||
22 | collected from this fee into the Sex
Offender Management Board | ||||||
23 | Fund under Section 19 of the Sex Offender Management
Board Act. | ||||||
24 | Money deposited into the Sex Offender Management Board Fund | ||||||
25 | shall
be administered by the Sex Offender Management Board and | ||||||
26 | be used to fund
practices endorsed or required under the Sex | ||||||
27 | Offender Management Board Act,
including but not limited to sex | ||||||
28 | offender evaluation, treatment, and
monitoring programs that | ||||||
29 | are or may be developed by the agency providing
supervision, | ||||||
30 | the Department of Corrections or the Department of Human
| ||||||
31 | Services. This Fund shall also be used for administrative | ||||||
32 | costs, including
staff, incurred by the Board.
| ||||||
33 | A circuit court may not impose a probation fee in excess of | ||||||
34 | $35
$25
per month unless: (1) the circuit court has adopted, by | ||||||
35 | administrative
order issued by the chief judge, a standard | ||||||
36 | probation fee guide
determining an offender's ability to pay, |
| |||||||
| |||||||
1 | under guidelines developed by
the Administrative
Office of the | ||||||
2 | Illinois Courts; and (2) the circuit court has authorized, by
| ||||||
3 | administrative order issued by the chief judge, the creation of | ||||||
4 | a Crime
Victim's Services Fund, to be administered by the Chief | ||||||
5 | Judge or his or
her designee, for services to crime victims and | ||||||
6 | their families. Of the
amount collected as a probation fee, not | ||||||
7 | to exceed $5 of that fee
collected per month may be used to | ||||||
8 | provide services to crime victims
and their families.
| ||||||
9 | (j) All fines and costs imposed under this Section for any | ||||||
10 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
11 | Code, or a similar
provision of a local ordinance, and any | ||||||
12 | violation of the Child Passenger
Protection Act, or a similar | ||||||
13 | provision of a local ordinance, shall be
collected and | ||||||
14 | disbursed by the circuit clerk as provided under Section 27.5
| ||||||
15 | of the Clerks of Courts Act.
| ||||||
16 | (Source: P.A. 92-282, eff. 8-7-01; 92-340, eff. 8-10-01; | ||||||
17 | 92-418, eff.
8-17-01;
92-442, eff. 8-17-01; 92-571, eff. | ||||||
18 | 6-26-02; 92-651, eff. 7-11-02; 93-475, eff.
8-8-03; 93-616, | ||||||
19 | eff. 1-1-04; revised 1-8-04.)
| ||||||
20 | Section 105. The Code of Civil Procedure is amended by | ||||||
21 | changing Section 2-1401 as follows:
| ||||||
22 | (735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
| ||||||
23 | Sec. 2-1401. Relief from judgments.
| ||||||
24 | (a) Relief from final orders and judgments, after 30 days | ||||||
25 | from the
entry thereof, may be had upon petition as provided in | ||||||
26 | this Section.
Writs of error coram nobis and coram vobis, bills | ||||||
27 | of review and bills
in the nature of bills of review are | ||||||
28 | abolished. All relief heretofore
obtainable and the grounds for | ||||||
29 | such relief heretofore available,
whether by any of the | ||||||
30 | foregoing remedies or otherwise, shall be
available in every | ||||||
31 | case, by proceedings hereunder, regardless of the
nature of the | ||||||
32 | order or judgment from which relief is sought or of the
| ||||||
33 | proceedings in which it was entered. Except as provided in | ||||||
34 | Section 6
of the Illinois Parentage Act of 1984, there shall be |
| |||||||
| |||||||
1 | no distinction
between actions and other proceedings, | ||||||
2 | statutory or otherwise, as to
availability of relief, grounds | ||||||
3 | for relief or the relief obtainable.
| ||||||
4 | (b) The petition must be filed in the same proceeding in | ||||||
5 | which the
order or judgment was entered but is not a | ||||||
6 | continuation thereof. The
petition must be supported by | ||||||
7 | affidavit or other appropriate showing as
to matters not of | ||||||
8 | record. All parties to the petition shall be notified
as | ||||||
9 | provided by rule.
| ||||||
10 | (c) Except as provided in Section 20b of the Adoption Act | ||||||
11 | and Section
2-32
3-32 of the Juvenile Court Act of 1987 or in a | ||||||
12 | petition based
upon Section 116-3 of the Code of Criminal | ||||||
13 | Procedure of 1963, the petition
must be filed not later than 2 | ||||||
14 | years after the entry of the order or judgment.
Time during | ||||||
15 | which the person seeking relief is under legal disability or
| ||||||
16 | duress or the ground for relief is fraudulently concealed shall | ||||||
17 | be excluded
in computing the period of 2 years.
| ||||||
18 | (d) The filing of a petition under this Section does not | ||||||
19 | affect the
order or judgment, or suspend its operation.
| ||||||
20 | (e) Unless lack of jurisdiction affirmatively appears from | ||||||
21 | the
record proper, the vacation or modification of an order or | ||||||
22 | judgment
pursuant to the provisions of this Section does not | ||||||
23 | affect the right,
title or interest in or to any real or | ||||||
24 | personal property of any person,
not a party to the original | ||||||
25 | action, acquired for value after the entry
of the order or | ||||||
26 | judgment but before the filing of the petition, nor
affect any | ||||||
27 | right of any person not a party to the original action under
| ||||||
28 | any certificate of sale issued before the filing of the | ||||||
29 | petition,
pursuant to a sale based on the order or judgment.
| ||||||
30 | (f) Nothing contained in this Section affects any existing | ||||||
31 | right to
relief from a void order or judgment, or to employ any | ||||||
32 | existing method
to procure that relief.
| ||||||
33 | (Source: P.A. 90-18, eff. 7-1-97; 90-27, eff. 1-1-98; 90-141, | ||||||
34 | eff. 1-1-98;
90-655, eff. 7-30-98; revised 11-06-02.)
| ||||||
35 | Section 110. The Adoption Act is amended by changing |
| |||||||
| |||||||
1 | Section 1 as follows:
| ||||||
2 | (750 ILCS 50/1) (from Ch. 40, par. 1501)
| ||||||
3 | Sec. 1. Definitions. When used in this Act, unless the | ||||||
4 | context
otherwise requires:
| ||||||
5 | A. "Child" means a person under legal age subject to | ||||||
6 | adoption under
this Act.
| ||||||
7 | B. "Related child" means a child subject to adoption where | ||||||
8 | either or both of
the adopting parents stands in any of the | ||||||
9 | following relationships to the child
by blood or marriage: | ||||||
10 | parent, grand-parent, brother, sister, step-parent,
| ||||||
11 | step-grandparent, step-brother, step-sister, uncle, aunt, | ||||||
12 | great-uncle,
great-aunt, or cousin of first degree. A child | ||||||
13 | whose parent has executed
a final irrevocable consent to | ||||||
14 | adoption or a final irrevocable surrender
for purposes of | ||||||
15 | adoption, or whose parent has had his or her parental rights
| ||||||
16 | terminated, is not a related child to that person, unless the | ||||||
17 | consent is
determined to be void or is void pursuant to | ||||||
18 | subsection O of Section 10.
| ||||||
19 | C. "Agency" for the purpose of this Act means a public | ||||||
20 | child welfare agency
or a licensed child welfare agency.
| ||||||
21 | D. "Unfit person" means any person whom the court shall | ||||||
22 | find to be unfit
to have a child, without regard to the | ||||||
23 | likelihood that the child will be
placed for adoption. The | ||||||
24 | grounds of unfitness are any one or more
of the following, | ||||||
25 | except that a person shall not be considered an unfit
person | ||||||
26 | for the sole reason that the person has relinquished a child in
| ||||||
27 | accordance with the Abandoned Newborn Infant Protection Act:
| ||||||
28 | (a) Abandonment of the child.
| ||||||
29 | (a-1) Abandonment of a newborn infant in a hospital.
| ||||||
30 | (a-2) Abandonment of a newborn infant in any setting | ||||||
31 | where the evidence
suggests that the parent intended to | ||||||
32 | relinquish his or her parental rights.
| ||||||
33 | (b) Failure to maintain a reasonable degree of | ||||||
34 | interest, concern or
responsibility as to the child's | ||||||
35 | welfare.
|
| |||||||
| |||||||
1 | (c) Desertion of the child for more than 3 months next | ||||||
2 | preceding the
commencement of the Adoption proceeding.
| ||||||
3 | (d) Substantial neglect
of the
child if continuous or | ||||||
4 | repeated.
| ||||||
5 | (d-1) Substantial neglect, if continuous or repeated, | ||||||
6 | of any child
residing in the household which resulted in | ||||||
7 | the death of that child.
| ||||||
8 | (e) Extreme or repeated cruelty to the child.
| ||||||
9 | (f) Two or more findings of physical abuse to any | ||||||
10 | children under Section
4-8 of the Juvenile Court Act or | ||||||
11 | Section 2-21 of the Juvenile Court Act
of 1987, the most | ||||||
12 | recent of which was determined by the juvenile court
| ||||||
13 | hearing the matter to be supported by clear and convincing | ||||||
14 | evidence; a
criminal conviction or a finding of not guilty | ||||||
15 | by reason of insanity
resulting from the death of any child | ||||||
16 | by physical child
abuse; or a finding of physical child | ||||||
17 | abuse resulting from the death of any
child under Section | ||||||
18 | 4-8 of the Juvenile Court Act or Section 2-21 of the
| ||||||
19 | Juvenile Court Act of 1987.
| ||||||
20 | (g) Failure to protect the child from conditions within | ||||||
21 | his environment
injurious to the child's welfare.
| ||||||
22 | (h) Other neglect of, or misconduct toward the child; | ||||||
23 | provided that in
making a finding of unfitness the court | ||||||
24 | hearing the adoption proceeding
shall not be bound by any | ||||||
25 | previous finding, order or judgment affecting
or | ||||||
26 | determining the rights of the parents toward the child | ||||||
27 | sought to be adopted
in any other proceeding except such | ||||||
28 | proceedings terminating parental rights
as shall be had | ||||||
29 | under either this Act, the Juvenile Court Act or
the | ||||||
30 | Juvenile Court Act of 1987.
| ||||||
31 | (i) Depravity. Conviction of any one of the following
| ||||||
32 | crimes shall create a presumption that a parent is depraved | ||||||
33 | which can be
overcome only by clear and convincing | ||||||
34 | evidence:
(1) first degree murder in violation of paragraph | ||||||
35 | 1 or
2 of subsection (a) of Section 9-1 of the Criminal | ||||||
36 | Code of 1961 or conviction
of second degree murder in |
| |||||||
| |||||||
1 | violation of subsection (a) of Section 9-2 of the
Criminal | ||||||
2 | Code of 1961 of a parent of the child to be adopted; (2)
| ||||||
3 | first degree murder or second degree murder of any child in
| ||||||
4 | violation of the Criminal Code of 1961; (3)
attempt or | ||||||
5 | conspiracy to commit first degree murder or second degree | ||||||
6 | murder
of any child in violation of the Criminal Code of | ||||||
7 | 1961; (4)
solicitation to commit murder of any child, | ||||||
8 | solicitation to
commit murder of any child for hire, or | ||||||
9 | solicitation to commit second
degree murder of any child in | ||||||
10 | violation of the Criminal Code of 1961; or (5)
aggravated | ||||||
11 | criminal sexual assault in violation of
Section | ||||||
12 | 12-14(b)(1) of the Criminal Code of 1961.
| ||||||
13 | There is a rebuttable presumption that a parent is | ||||||
14 | depraved if the parent
has been criminally convicted of at | ||||||
15 | least 3 felonies under the laws of this
State or any other | ||||||
16 | state, or under federal law, or the criminal laws of any
| ||||||
17 | United States territory; and at least one of these
| ||||||
18 | convictions took place within 5 years of the filing of the | ||||||
19 | petition or motion
seeking termination of parental rights.
| ||||||
20 | There is a rebuttable presumption that a parent is | ||||||
21 | depraved if that
parent
has
been criminally convicted of | ||||||
22 | either first or second degree murder of any person
as | ||||||
23 | defined in the Criminal Code of 1961 within 10 years of the | ||||||
24 | filing date of
the petition or motion to terminate parental | ||||||
25 | rights.
| ||||||
26 | (j) Open and notorious adultery or fornication.
| ||||||
27 | (j-1) (Blank).
| ||||||
28 | (k) Habitual drunkenness or addiction to drugs, other | ||||||
29 | than those
prescribed by a physician, for at least one year | ||||||
30 | immediately
prior to the commencement of the unfitness | ||||||
31 | proceeding.
| ||||||
32 | There is a rebuttable presumption that a parent is | ||||||
33 | unfit under this
subsection
with respect to any child to | ||||||
34 | which that parent gives birth where there is a
confirmed
| ||||||
35 | test result that at birth the child's blood, urine, or | ||||||
36 | meconium contained any
amount of a controlled substance as |
| |||||||
| |||||||
1 | defined in subsection (f) of Section 102 of
the Illinois | ||||||
2 | Controlled Substances Act or metabolites of such | ||||||
3 | substances, the
presence of which in the newborn infant was | ||||||
4 | not the result of medical treatment
administered to the | ||||||
5 | mother or the newborn infant; and the biological mother of
| ||||||
6 | this child is the biological mother of at least one other | ||||||
7 | child who was
adjudicated a neglected minor under | ||||||
8 | subsection (c) of Section 2-3 of the
Juvenile Court Act of | ||||||
9 | 1987.
| ||||||
10 | (l) Failure to demonstrate a reasonable degree of | ||||||
11 | interest, concern or
responsibility as to the welfare of a | ||||||
12 | new born child during the first 30
days after its birth.
| ||||||
13 | (m) Failure by a parent (i) to make reasonable efforts | ||||||
14 | to correct the
conditions that were the basis for the | ||||||
15 | removal of the child from the
parent, or (ii) to make | ||||||
16 | reasonable progress toward the return of the child
to
the | ||||||
17 | parent within 9 months after an adjudication of neglected | ||||||
18 | or abused
minor under Section 2-3 of the Juvenile Court Act | ||||||
19 | of 1987 or dependent
minor under Section 2-4 of that Act, | ||||||
20 | or (iii) to make reasonable progress
toward the return of | ||||||
21 | the
child to the parent during any 9-month period after the | ||||||
22 | end of the initial
9-month period following the | ||||||
23 | adjudication of
neglected or abused minor under Section 2-3 | ||||||
24 | of the Juvenile Court
Act of 1987 or dependent minor under | ||||||
25 | Section 2-4 of that Act.
If a service plan has been | ||||||
26 | established as
required under
Section 8.2 of the Abused and | ||||||
27 | Neglected Child Reporting Act to correct the
conditions | ||||||
28 | that were the basis for the removal of the child from the | ||||||
29 | parent
and if those services were available,
then, for | ||||||
30 | purposes of this Act, "failure to make reasonable progress | ||||||
31 | toward the
return of the child to the parent" includes (I) | ||||||
32 | the parent's failure to
substantially fulfill his or her | ||||||
33 | obligations under the
service plan and correct the | ||||||
34 | conditions that brought the child into care
within 9 months | ||||||
35 | after the adjudication under Section 2-3 or 2-4
of the | ||||||
36 | Juvenile Court Act of 1987
and (II) the parent's failure to |
| |||||||
| |||||||
1 | substantially fulfill his or her obligations
under
the | ||||||
2 | service plan and correct the conditions that brought the | ||||||
3 | child into care
during any 9-month period after the end of | ||||||
4 | the initial 9-month period
following the adjudication | ||||||
5 | under Section 2-3 or 2-4 of the Juvenile Court
Act of 1987.
| ||||||
6 | (m-1) Pursuant to the Juvenile Court Act of 1987, a | ||||||
7 | child
has been in foster care for 15 months out of any 22 | ||||||
8 | month period which begins
on or after the effective date of | ||||||
9 | this amendatory Act of 1998 unless the
child's parent can | ||||||
10 | prove
by a preponderance of the evidence that it is more | ||||||
11 | likely than not that it will
be in the best interests of | ||||||
12 | the child to be returned to the parent within 6
months of | ||||||
13 | the date on which a petition for termination of parental | ||||||
14 | rights is
filed under the Juvenile Court Act of 1987. The | ||||||
15 | 15 month time limit is tolled
during
any period for which | ||||||
16 | there is a court finding that the appointed custodian or
| ||||||
17 | guardian failed to make reasonable efforts to reunify the | ||||||
18 | child with his or her
family, provided that (i) the finding | ||||||
19 | of no reasonable efforts is made within
60 days of the | ||||||
20 | period when reasonable efforts were not made or (ii) the | ||||||
21 | parent
filed a motion requesting a finding of no reasonable | ||||||
22 | efforts within 60 days of
the period when reasonable | ||||||
23 | efforts were not made. For purposes of this
subdivision | ||||||
24 | (m-1), the date of entering foster care is the earlier of: | ||||||
25 | (i) the
date of
a judicial finding at an adjudicatory | ||||||
26 | hearing that the child is an abused,
neglected, or | ||||||
27 | dependent minor; or (ii) 60 days after the date on which | ||||||
28 | the
child is removed from his or her parent, guardian, or | ||||||
29 | legal custodian.
| ||||||
30 | (n) Evidence of intent to forgo his or her parental | ||||||
31 | rights,
whether or
not the child is a ward of the court, | ||||||
32 | (1) as manifested
by his or her failure for a period of 12 | ||||||
33 | months: (i) to visit the child,
(ii) to communicate with | ||||||
34 | the child or agency, although able to do so and
not | ||||||
35 | prevented from doing so by an agency or by court order, or | ||||||
36 | (iii) to
maintain contact with or plan for the future of |
| |||||||
| |||||||
1 | the child, although physically
able to do so, or (2) as | ||||||
2 | manifested by the father's failure, where he
and the mother | ||||||
3 | of the child were unmarried to each other at the time of | ||||||
4 | the
child's birth, (i) to commence legal proceedings to | ||||||
5 | establish his paternity
under the Illinois Parentage Act of | ||||||
6 | 1984 or the law of the jurisdiction of
the child's birth | ||||||
7 | within 30 days of being informed, pursuant to Section 12a
| ||||||
8 | of this Act, that he is the father or the likely father of | ||||||
9 | the child or,
after being so informed where the child is | ||||||
10 | not yet born, within 30 days of
the child's birth, or (ii) | ||||||
11 | to make a good faith effort to pay a reasonable
amount of | ||||||
12 | the expenses related to the birth of the child and to | ||||||
13 | provide a
reasonable amount for the financial support of | ||||||
14 | the child, the court to
consider in its determination all | ||||||
15 | relevant circumstances, including the
financial condition | ||||||
16 | of both parents; provided that the ground for
termination | ||||||
17 | provided in this subparagraph (n)(2)(ii) shall only be
| ||||||
18 | available where the petition is brought by the mother or | ||||||
19 | the husband of
the mother.
| ||||||
20 | Contact or communication by a parent with his or her | ||||||
21 | child that does not
demonstrate affection and concern does | ||||||
22 | not constitute reasonable contact
and planning under | ||||||
23 | subdivision (n). In the absence of evidence to the
| ||||||
24 | contrary, the ability to visit, communicate, maintain | ||||||
25 | contact, pay
expenses and plan for the future shall be | ||||||
26 | presumed. The subjective intent
of the parent, whether | ||||||
27 | expressed or otherwise, unsupported by evidence of
the | ||||||
28 | foregoing parental acts manifesting that intent, shall not | ||||||
29 | preclude a
determination that the parent has intended to | ||||||
30 | forgo his or her
parental
rights. In making this | ||||||
31 | determination, the court may consider but shall not
require | ||||||
32 | a showing of diligent efforts by an authorized agency to | ||||||
33 | encourage
the parent to perform the acts specified in | ||||||
34 | subdivision (n).
| ||||||
35 | It shall be an affirmative defense to any allegation | ||||||
36 | under paragraph
(2) of this subsection that the father's |
| |||||||
| |||||||
1 | failure was due to circumstances
beyond his control or to | ||||||
2 | impediments created by the mother or any other
person | ||||||
3 | having legal custody. Proof of that fact need only be by a
| ||||||
4 | preponderance of the evidence.
| ||||||
5 | (o) Repeated or continuous failure by the parents, | ||||||
6 | although physically
and financially able, to provide the | ||||||
7 | child with adequate food, clothing,
or shelter.
| ||||||
8 | (p) Inability to discharge parental responsibilities | ||||||
9 | supported by
competent evidence from a psychiatrist, | ||||||
10 | licensed clinical social
worker, or clinical psychologist | ||||||
11 | of mental
impairment, mental illness or mental retardation | ||||||
12 | as defined in Section
1-116 of the Mental Health and | ||||||
13 | Developmental Disabilities Code, or
developmental | ||||||
14 | disability as defined in Section 1-106 of that Code, and
| ||||||
15 | there is sufficient justification to believe that the | ||||||
16 | inability to
discharge parental responsibilities shall | ||||||
17 | extend beyond a reasonable
time period. However, this | ||||||
18 | subdivision (p) shall not be construed so as to
permit a | ||||||
19 | licensed clinical social worker to conduct any medical | ||||||
20 | diagnosis to
determine mental illness or mental | ||||||
21 | impairment.
| ||||||
22 | (q) The parent has been criminally convicted of | ||||||
23 | aggravated battery,
heinous battery, or attempted murder | ||||||
24 | of any child.
| ||||||
25 | (r) The child is in the temporary custody or | ||||||
26 | guardianship of the
Department of Children and Family | ||||||
27 | Services, the parent is incarcerated as a
result of | ||||||
28 | criminal conviction at the time the petition or motion for
| ||||||
29 | termination of parental rights is filed, prior to | ||||||
30 | incarceration the parent had
little or no contact with the | ||||||
31 | child or provided little or no support for the
child, and | ||||||
32 | the parent's incarceration will prevent the parent from | ||||||
33 | discharging
his or her parental responsibilities for the | ||||||
34 | child for a period in excess of 2
years after the filing of | ||||||
35 | the petition or motion for termination of parental
rights.
| ||||||
36 | (s) The child is in the temporary custody or |
| |||||||
| |||||||
1 | guardianship of the
Department of Children and Family | ||||||
2 | Services, the parent is incarcerated at the
time the | ||||||
3 | petition or motion for termination of parental rights is | ||||||
4 | filed, the
parent has been repeatedly incarcerated as a | ||||||
5 | result of criminal convictions,
and the parent's repeated | ||||||
6 | incarceration has prevented the parent from
discharging | ||||||
7 | his or her parental responsibilities for the child.
| ||||||
8 | (t) A finding that at birth the child's blood,
urine, | ||||||
9 | or meconium contained any amount of a controlled substance | ||||||
10 | as
defined in subsection (f) of Section 102 of the Illinois | ||||||
11 | Controlled Substances
Act, or a metabolite of a controlled | ||||||
12 | substance, with the exception of
controlled substances or | ||||||
13 | metabolites of such substances, the presence of which
in | ||||||
14 | the newborn infant was the result of medical treatment | ||||||
15 | administered to the
mother or the newborn infant, and that | ||||||
16 | the biological mother of this child is
the biological | ||||||
17 | mother of at least one other child who was adjudicated a
| ||||||
18 | neglected minor under subsection (c) of Section 2-3 of the | ||||||
19 | Juvenile Court Act
of 1987, after which the biological | ||||||
20 | mother had the opportunity to enroll in
and participate in | ||||||
21 | a clinically appropriate substance abuse
counseling, | ||||||
22 | treatment, and rehabilitation program.
| ||||||
23 | E. "Parent" means the father or mother of a legitimate or | ||||||
24 | illegitimate
child. For the purpose of this Act, a person who | ||||||
25 | has executed a final and
irrevocable consent to adoption or a | ||||||
26 | final and irrevocable surrender for
purposes of adoption, or | ||||||
27 | whose parental rights have been terminated by a
court, is not a | ||||||
28 | parent of the child who was the subject of the consent or
| ||||||
29 | surrender, unless the consent is void pursuant to subsection O | ||||||
30 | of Section 10.
| ||||||
31 | F. A person is available for adoption when the person is:
| ||||||
32 | (a) a child who has been surrendered for adoption to an | ||||||
33 | agency and to
whose adoption the agency has thereafter | ||||||
34 | consented;
| ||||||
35 | (b) a child to whose adoption a person authorized by | ||||||
36 | law, other than his
parents, has consented, or to whose |
| |||||||
| |||||||
1 | adoption no consent is required pursuant
to Section 8 of | ||||||
2 | this Act;
| ||||||
3 | (c) a child who is in the custody of persons who intend | ||||||
4 | to adopt him
through placement made by his parents;
| ||||||
5 | (c-1) a child for whom a parent has signed a specific | ||||||
6 | consent pursuant
to subsection O of Section 10;
| ||||||
7 | (d) an adult who meets the conditions set forth in | ||||||
8 | Section 3 of this
Act; or
| ||||||
9 | (e) a child who has been relinquished as defined in | ||||||
10 | Section 10 of the
Abandoned Newborn Infant Protection Act.
| ||||||
11 | A person who would otherwise be available for adoption | ||||||
12 | shall not be
deemed unavailable for adoption solely by reason | ||||||
13 | of his or her death.
| ||||||
14 | G. The singular includes the plural and the plural includes
| ||||||
15 | the singular and the "male" includes the "female", as the | ||||||
16 | context of this
Act may require.
| ||||||
17 | H. "Adoption disruption" occurs when an adoptive placement | ||||||
18 | does not
prove successful and it becomes necessary for the | ||||||
19 | child to be removed from
placement before the adoption is | ||||||
20 | finalized.
| ||||||
21 | I. "Foreign placing agency" is an agency or individual | ||||||
22 | operating in a
country or territory outside the United States | ||||||
23 | that is authorized by its
country to place children for | ||||||
24 | adoption either directly with families in the
United States or | ||||||
25 | through United States based international agencies.
| ||||||
26 | J. "Immediate relatives" means the biological parents, the | ||||||
27 | parents of
the biological parents and siblings of the | ||||||
28 | biological parents.
| ||||||
29 | K. "Intercountry adoption" is a process by which a child | ||||||
30 | from a country
other than the United States is adopted.
| ||||||
31 | L. "Intercountry Adoption Coordinator" is a staff person of | ||||||
32 | the
Department of Children and Family Services appointed by the | ||||||
33 | Director to
coordinate the provision of services by the public | ||||||
34 | and private sector to
prospective parents of foreign-born | ||||||
35 | children.
| ||||||
36 | M. "Interstate Compact on the Placement of Children" is a |
| |||||||
| |||||||
1 | law enacted by
most states for the purpose of establishing | ||||||
2 | uniform procedures for handling
the interstate placement of | ||||||
3 | children in foster homes, adoptive homes, or
other child care | ||||||
4 | facilities.
| ||||||
5 | N. "Non-Compact state" means a state that has not enacted | ||||||
6 | the
Interstate Compact on the Placement of Children.
| ||||||
7 | O. "Preadoption requirements" are any conditions | ||||||
8 | established by the laws
or regulations of the Federal | ||||||
9 | Government or of each state that must be met
prior to the | ||||||
10 | placement of a child in an adoptive home.
| ||||||
11 | P. "Abused child" means a child whose parent or immediate | ||||||
12 | family member,
or any person responsible for the child's | ||||||
13 | welfare, or any individual
residing in the same home as the | ||||||
14 | child, or a paramour of the child's parent:
| ||||||
15 | (a) inflicts, causes to be inflicted, or allows to be | ||||||
16 | inflicted upon
the child physical injury, by other than | ||||||
17 | accidental means, that causes
death, disfigurement, | ||||||
18 | impairment of physical or emotional health, or loss
or | ||||||
19 | impairment of any bodily function;
| ||||||
20 | (b) creates a substantial risk of physical injury to | ||||||
21 | the child by
other than accidental means which would be | ||||||
22 | likely to cause death,
disfigurement, impairment of | ||||||
23 | physical or emotional health, or loss or
impairment of any | ||||||
24 | bodily function;
| ||||||
25 | (c) commits or allows to be committed any sex offense | ||||||
26 | against the child,
as sex offenses are defined in the | ||||||
27 | Criminal Code of 1961
and extending those definitions of | ||||||
28 | sex offenses to include children under
18 years of age;
| ||||||
29 | (d) commits or allows to be committed an act or acts of | ||||||
30 | torture upon
the child; or
| ||||||
31 | (e) inflicts excessive corporal punishment.
| ||||||
32 | Q. "Neglected child" means any child whose parent or other | ||||||
33 | person
responsible for the child's welfare withholds or denies | ||||||
34 | nourishment or
medically indicated treatment including food or | ||||||
35 | care denied solely on the
basis of the present or anticipated | ||||||
36 | mental or physical impairment as determined
by a physician |
| |||||||
| |||||||
1 | acting alone or in consultation with other physicians or
| ||||||
2 | otherwise does not provide the proper or necessary support, | ||||||
3 | education
as required by law, or medical or other remedial care | ||||||
4 | recognized under State
law as necessary for a child's | ||||||
5 | well-being, or other care necessary for his
or her well-being, | ||||||
6 | including adequate food, clothing and shelter; or who
is | ||||||
7 | abandoned by his or her parents or other person responsible for | ||||||
8 | the child's
welfare.
| ||||||
9 | A child shall not be considered neglected or abused for the
| ||||||
10 | sole reason that the child's parent or other person responsible | ||||||
11 | for his
or her welfare depends upon spiritual means through | ||||||
12 | prayer alone for the
treatment or cure of disease or remedial | ||||||
13 | care as provided under Section 4
of the Abused and Neglected | ||||||
14 | Child Reporting Act.
A child shall not be considered neglected | ||||||
15 | or abused for the sole reason that
the child's parent or other | ||||||
16 | person responsible for the child's welfare failed
to vaccinate, | ||||||
17 | delayed vaccination, or refused vaccination for the child
due | ||||||
18 | to a waiver on religious or medical grounds as permitted by | ||||||
19 | law.
| ||||||
20 | R. "Putative father" means a man who may be a child's | ||||||
21 | father, but who (1) is
not married to the child's mother on or | ||||||
22 | before the date that the child was or
is to be born and (2) has | ||||||
23 | not established paternity of the child in a court
proceeding | ||||||
24 | before the filing of a petition for the adoption of the child. | ||||||
25 | The
term includes a male who is less than 18 years of age. | ||||||
26 | "Putative father" does
not mean a man who is the child's father | ||||||
27 | as a result of criminal sexual abuse
or assault as defined | ||||||
28 | under Article 12 of the Criminal Code of 1961.
A child shall | ||||||
29 | not be considered neglected or abused for the sole reason that
| ||||||
30 | the child's parent or other person responsible for the child's | ||||||
31 | welfare failed
to vaccinate, delayed vaccination, or refused | ||||||
32 | vaccination for the child
due to a waiver on religious or | ||||||
33 | medical grounds as permitted by law.
| ||||||
34 | S. "Standby adoption" means an adoption in which a | ||||||
35 | terminally ill parent
consents to custody and termination of | ||||||
36 | parental rights to become
effective upon the occurrence of a |
| |||||||
| |||||||
1 | future event, which is either the death of
the terminally ill | ||||||
2 | parent or the request of the parent
for the entry of a final | ||||||
3 | judgment of adoption.
| ||||||
4 | T. "Terminally ill parent" means a person who has a medical | ||||||
5 | prognosis by a
physician licensed to practice medicine in all | ||||||
6 | of its branches that the person
has an incurable and | ||||||
7 | irreversible condition which will lead to death.
| ||||||
8 | (Source: P.A. 91-357, eff. 7-29-99; 91-373, eff. 1-1-00; | ||||||
9 | 91-572, eff.
1-1-00; 92-16, eff. 6-28-01; 92-375, eff. 1-1-02; | ||||||
10 | 92-408, eff. 8-17-01; 92-432,
eff. 8-17-01 ; 92-651,
7-11-02; | ||||||
11 | revised 8-23-02.)
| ||||||
12 | Section 115. The Uniform Commercial Code is amended by | ||||||
13 | changing Section 8-106 as follows:
| ||||||
14 | (810 ILCS 5/8-106) (from Ch. 26, par. 8-106)
| ||||||
15 | Sec. 8-106. Control.
| ||||||
16 | (a) A purchaser has "control" of a certificated security in | ||||||
17 | bearer
form if the certificated security is delivered to the | ||||||
18 | purchaser.
| ||||||
19 | (b) A purchaser has "control" of a certificated security in | ||||||
20 | registered
form if the certificated security is delivered to | ||||||
21 | the purchaser, and:
| ||||||
22 | (1) the certificate is indorsed to the purchaser or in | ||||||
23 | blank by an
effective indorsement; or
| ||||||
24 | (2) the certificate is registered in the name of the | ||||||
25 | purchaser,
upon original issue or registration of transfer | ||||||
26 | by the issuer.
| ||||||
27 | (c) A purchaser has "control" of an uncertificated security | ||||||
28 | if:
| ||||||
29 | (1) the uncertificated security is delivered to the | ||||||
30 | purchaser; or
| ||||||
31 | (2) the issuer has agreed that it will comply with | ||||||
32 | instructions
originated by the purchaser without further | ||||||
33 | consent by the registered
owner . ; or
| ||||||
34 | (3) another person has control of the security |
| |||||||
| |||||||
1 | entitlement on
behalf of the purchaser or, having | ||||||
2 | previously acquired control of the security
entitlement, | ||||||
3 | acknowledges that it has control on behalf of the | ||||||
4 | purchaser.
| ||||||
5 | (d) A purchaser has "control" of a security entitlement if:
| ||||||
6 | (1) the purchaser becomes the entitlement holder; or
| ||||||
7 | (2) the securities intermediary has agreed that it will | ||||||
8 | comply
with entitlement orders originated by the purchaser | ||||||
9 | without further consent
by the entitlement holder ; or .
| ||||||
10 | (3) another person has control of the security | ||||||
11 | entitlement on
behalf of the purchaser or, having | ||||||
12 | previously acquired control of the security
entitlement, | ||||||
13 | acknowledges that it has control on behalf of the | ||||||
14 | purchaser.
| ||||||
15 | (e) If an interest in a security entitlement is granted by | ||||||
16 | the
entitlement holder to the entitlement holder's own | ||||||
17 | securities intermediary,
the securities intermediary has | ||||||
18 | control.
| ||||||
19 | (f) A purchaser who has satisfied the requirements of | ||||||
20 | subsection (c) or
(d) has control even if the registered owner | ||||||
21 | in the case of subsection (c)
or the entitlement holder in the | ||||||
22 | case of subsection (d) retains the right to
make substitutions | ||||||
23 | for the uncertificated security or security entitlement,
to | ||||||
24 | originate instructions or entitlement orders to the issuer or | ||||||
25 | securities
intermediary, or otherwise to deal with the | ||||||
26 | uncertificated security or
security entitlement.
| ||||||
27 | (g) An issuer or a securities intermediary may not enter | ||||||
28 | into an
agreement of the kind described in subsection (c)(2) or | ||||||
29 | (d)(2) without the
consent of the registered owner or | ||||||
30 | entitlement holder, but an issuer or a
securities intermediary | ||||||
31 | is not required to enter into such an agreement even
though the | ||||||
32 | registered owner or entitlement holder so directs. An issuer or
| ||||||
33 | securities intermediary that has entered into such an agreement | ||||||
34 | is not
required to confirm the existence of the agreement to | ||||||
35 | another party unless
requested to do so by the registered owner | ||||||
36 | or entitlement holder.
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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1 | (Source: P.A. 91-893, eff. 7-1-01; revised 2-27-02.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Section 995. No acceleration or delay. Where this Act makes | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | changes in a
statute that is represented in this Act by text | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | that is not yet or no longer in
effect (for example, a Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | represented by multiple versions), the use of
that text does | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | not accelerate or delay the taking effect of (i) the changes
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | made by this Act or (ii) provisions derived from any other | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Public Act.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | Section 996. No revival or extension. This Act does not | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | revive or extend
any Section or Act otherwise repealed.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | Section 999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | becoming law.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||